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Agenda 02/25/2020 Item #9A (PL20180002453 - Kase MPUD)02/25/2020 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district for the project to be known as KASE MPUD, to allow for construction of a maximum of 76 residential dwelling units or 212 group housing units for seniors, on property located on the east side of Livingston Road, approximately one quarter mile south of Immokalee Road in Section 30, Township 48 South, Range 26 East, consisting of 7.58± acres; and by providing an effective date. [PL20180002453] OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding the petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The subject property is located on the east side of Livingston Road, approximately one-quarter mile south of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of 7.58+/- acres. The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone property from Rural Agriculture (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district. The subject property is comprised of one parcel and is owned by William A. Donovan and Patricia Donovan Granados. This petition seeks to rezone the property to MPUD to allow for the construction of a maximum of 76 residential dwelling units or 212 group housing units for seniors. FISCAL IMPACT: The PUD Rezone (PUDZ) by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build-out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of a building permit include building permit review fees. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject site is identified as Urban Designation, Urban Mixed-Use District, Urban Residential Subdistrict, and within one-mile of Interchange Activity Center #4 (in the residential density band) on the Future Land Use Map of the GMP. The FLUE states that Urban designated areas will accommodate residential uses that include single-family and multi-family housing. 9.A Packet Pg. 22 02/25/2020 These areas will also accommodate non-residential uses that include community facilities including group housing uses. The proposed uses in the petition are consistent with the FLUE of the GMP. As such, this MPUD rezone petition may be deemed consistent with the FLUE. (Please, see Attachment B - FLUE Consistency Review.) Transportation Element: In evaluating this project, staff reviewed the applicant’s July 2, 2019 Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the then applicable 2018 Annual Update and Inventory Reports (AUIR). 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 amendments 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 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 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.” Staff finding: According to the TIS provided with this petition, the proposed rezoning to allow a maximum 76 Single Family Detached Residential Units will generate a projected +/- 78 PM peak hour, two-way trips on the following adjacent roadway link: Roadway Link 2018 AUIR LOS Current Peak Hour Peak Direction Service Volume/Peak Direction 2018 Remaining Capacity 2019 AUIR LOS 2019 Remaining Capacity Livingston Road Immokalee Road to Vanderbilt Beach Road C 3,100/North 1,432 C 1,274 Livingston Road Immokalee Road to B 3,000/North 1,679 B 1,711 9.A Packet Pg. 23 02/25/2020 Imperial Street Immokalee Road (CR 846) Livingston Road to I-75 D 3,500/East 827 C 913 Immokalee Road (CR 846) Livingston Road to Airport Pulling Road D 3,100/West 193 D 311 • Please note: This petition also proposes multi-family, group housing, and essential services uses which generate lower trip counts than the single-family use noted above. Staff notes that the development is within the Northwest Transportation Concurrency Management Area (TCMA). The impacted roadways adjacent to this development have de minimis impact, less than 1% impact of the roadways level of service (LOS) resulting from this development. Therefore, the TCMA requires for the proposed development are satisfied (no TDM strategies are required). Based on the 2018 and 2019 AUIR’s, the adjacent roadway network has sufficient capacity to accommodate the proposed new trips for this project within the five -year planning period. Therefore, the subject rezoning can be found consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 1.09 acres of native vegetation. A minimum of .16 acres (15%) preserve is require d; it shall be placed under preservation and dedicated to Collier County. GMP Conclusion: The GMP is the prevailing document to support land use decisions, such as this proposed rezoning. 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 rezoning petition. This petition is consistent with the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC): The CCPC, heard Petition PUDZ- PL20180002453, KASE MPUD on January 16, 2020, and voted 7-0 to forward this petition to the Board with a recommendation of approval subject to the following stipulations. The CCPC approval recommendation was unanimous. Moreover, there were letters of opposition. As such, this petition will be placed on Advertised Public Hearings. The CCPC stipulations include required changes and additions to be added to the PUD: Exhibit A - List of Permitted Uses • Deleting the reference under Section A.2.a, “If independent living facilities are constructed as single-family homes or townhomes, then they shall be considered residential dwelling units subject to a maximum of 76 units. Exhibit B - List of Development Standards In the Development Standards Table: • Correcting the minimum side yard setbacks from 0 feet to 0/10 feet for attached single family and townhouse for principal and accessory uses. 9.A Packet Pg. 24 02/25/2020 • Correcting the minimum distance between structures from 30 feet to 10 feet for detached single family, 15 feet to 20 feet for attached single family and townhouse, and 15 feet to 10 feet for two- family and zero lot line. • Correcting the maximum height to add, not to exceed 3 stories for multi -family and group housing. • Adding 100 feet for the north and east sides of the PUD for Amenity Areas for the Minimum PUD setback. Exhibit C - Conceptual Master Plan • Adding, “Legend L.B. = Landscape Buffer. • Adding, “potential pedestrian interconnection only” illustration next to the arrow on the northeast corner. Exhibit F - List of Development Commitments • Under Section 1.A, Adding Andrew J. Saluan as the Managing Entity. • Under Section 6.A.8, Deleting nursing homes or assisted living facilities and adding group housing for seniors. LEGAL CONSIDERATIONS: This is a site-specific rezone to a Mixed Use Planned Unit Development (MPUD) Zoning District for a project which will continue to be known as the KASE MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 9.A Packet Pg. 25 02/25/2020 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege 9.A Packet Pg. 26 02/25/2020 to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance with existing zoning? (a “core” question…) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. (SAA) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for Petition PUDZ-PL20180002453, KASE MPUD. Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report KASE MPUD (PDF) 2. Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (PDF) 3. FLUE Consistency Review - Attachment B (PDF) 4. Development Standards Comparison Table - Attachment C (PDF) 5. [Linked] KASE MPUD - Back Up Materials - Attachment D (PDF) 6. Objection Letters - Attachment E (PDF) 7. Legal Ad - Agenda ID 11192 (PDF) 9.A Packet Pg. 27 02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 9.A Doc ID: 11192 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district for the project to be known as KASE MPUD, to allow for construction of a maximum of 76 residential dwelling units or 212 group housing units for seniors, on property located on the east side of Livingston Road, approximately one quarter mile south of Immokalee Road in Section 30, Township 48 South, Range 26 East, consisting of 7.58± acres; and by providing an effective date. [PL20180002453] Meeting Date: 02/25/2020 Prepared by: Title: – Zoning Name: Tim Finn 01/21/2020 10:10 AM Submitted by: Title: Manager - Planning – Zoning Name: Ray Bellows 01/21/2020 10:10 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 01/22/2020 9:51 AM Zoning Ray Bellows Additional Reviewer Completed 01/22/2020 1:28 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/22/2020 4:40 PM Growth Management Department James C French Deputy Department Head Review Completed 01/23/2020 10:06 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 02/05/2020 11:31 AM Grants Valerie Fleming Level 3 OMB Gatekeeper Review Skipped 02/05/2020 1:17 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/05/2020 1:19 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/05/2020 1:48 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/07/2020 8:50 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/13/2020 1:09 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 9.A Packet Pg. 28 AGENDA ITEM 9.A.3 9.A.1 Packet Pg. 29 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 30 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1Packet Pg. 31Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 32 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 33 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 34 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 35 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 36 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 37 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 38 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 39 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 40 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 41 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 42 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.1 Packet Pg. 43 Attachment: Staff Report KASE MPUD (11192 : KASE MPUD) 9.A.2 Packet Pg. 44 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 45 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 46 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 47 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 48 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2Packet Pg. 49Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2Packet Pg. 50Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 51 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 52 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 53 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 54 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) 9.A.2 Packet Pg. 55 Attachment: Revised Proposed Zoning Ordinance 1-17-20 - Attachment A (11192 : KASE MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 1 of 5 Growth Management Department Zoning Division Comprehensive Planning Section MEMORANDUM To: Tim Finn, AICP, Principal Planner Zoning Services Section, Zoning Division From: Sue Faulkner, Principal Planner Comprehensive Planning Section, Zoning Division Date: November 8, 2019 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ – PL20180002453 - REV 3 PETITION NAME: Kase Mixed Use Planned Unit Development Rezone (PUDZ) REQUEST: The petitioner is requesting to rezone approximately ±7.58 acres, from A, Rural Agricultural District to Mixed Use Planned Unit Development (MPUD) Zoning District to allow for a maximum of 76 residential dwelling units (single-family, townhouse, or multi-family) or 212 group housing units for seniors (assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities) with FAR up to 0.45 with accessory uses, an amenity area and essential services will also be permitted as principal uses. No combination of residential and group housing will be permitted, and development will be limited to 78 unadjusted two-way PM peak hour trips. No deviations are requested with this petition. Submittal 2 changed the request to increase density from using Residential Infill Density Bonus to a request to use Transportation Concurrency Management Area Density Bonus. Submittal 3 revises the development standards table, setbacks, and revisions requested by the County Attorney’s office. LOCATION: The subject site, comprising ±7.58 acres, is located approximately 1,300 feet south of Immokalee Road (CR846) and lies on the east side of Livingston Road, in Section 30, Township 48 South, Range 26 East. COMPREHENSIVE PLANNING COMMENTS: The subject site is identified as Urban Designation, Urban Mixed Use District, Urban Residential Subdistrict, and within one-mile of Interchange Activity Center #4 (in the residential density band) on the Future Land Use Map of the Growth Management Plan (GMP). Map TR-5 of the Transportation Element of the GMP shows that the subject site lies within the Northwest Transportation Concurrency Management Area (TCMA). This area is bounded by the Collier ‒ Lee County Line on the north side; the west side of the I-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side. Policy 5.3 in the Future Land Use Element (FLUE) states, in part, “All rezonings must be consistent with this Growth Management Plan.” 9.A.3 Packet Pg. 56 Attachment: FLUE Consistency Review - Attachment B (11192 : KASE MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 2 of 5 The FLUE states that Urban designated areas will accommodate residential uses that include single-family and multi-family housing. These areas will also accommodate non-residential uses that include community facilities including group housing uses. The proposed uses in the petition are consistent with the FLUE of the GMP. The purpose of the Urban Residential Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. According to the Density Rating System of the FLUE, the Urban Designation allows up to a maximum base density of 4 residential dwelling units per acre (DU/A). According to the FLUE, “Proximity to Mixed Use Activity Center or Interchange Activity Center: If the project is within one mile of a Mixed Use Activity Center or Interchange Activity Center and located within a residential density band, 3 residential units per gross acre may be added. The density band around a Mixed Use Activity Center or Interchange Activity Center shall be measured by the radial distance from the center of the intersection around which the Mixed Use Activity Center or Interchange Activity Center is situated.” The project site is located within a one-mile radial distance from Activity Center #4, and therefore according to the Density Bonus provision in the FLUE, is in a residential density band and could qualify for up to 3 additional dwelling units for a total of 7 dwelling units. The petitioner is also requesting 3 additional DU/A using the Transportation Concurrency Management Area Density Bonus provision (see explanation of TCMA Density Bonus below). By adding 3 additional dwelling units for TCMA, this project could potentially qualify for a maximum total of 10 DU/A (see below). The applicant is requesting a maximum of 76 residential dwelling units on this 7.58 -acre site (10 DU/A). Base Density 4 DU/A (7.58 ac. X 4 DU/A = 30.32 DUs) Residential Density Band 3 DU/A (7.58 ac. X 3 DU/A = 22.74 DUs) TCMA Density Bonus 3 DU/A (7.58 ac. X 3 DU/A = 22.74 DUs) Total Sum: 10DU/A x 7.58 acres = 75.8 DUs 76 DUs (30.32DUs + 22.74DUs+ 22.74DUs) The FLUE describes the Transportation Concurrency Management Area (TCMA) density bonus criteria as shown below: Select FLUE Policies are shown below (in italics), followed [staff analysis in bracketed bold text]. B. Density Rating System 2. Density Bonuses g. Transportation Concurrency Management Area Bonus Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.7 of this Element, and which occurs within a designated Transportation Concurrency Management Area (TCMA) may add three (3) residential units per gross acre. This density bonus shall not be available if the proposed development is located within the Coastal High Hazard Area. Additionally, in no instance shall the total project density exceed sixteen (16) units per gross acre: [The project is considered infill development and meets the applicable criteria in policies 6.1 – 6.7; and the project site is not located in the Coastal High Hazard Area and is requesting a maximum total of 10 DU/A - well below 16 DU/A.] FLUE Policy 6.1: New development within a TCMA shall occur in a manner that will ensure an adequate level of mobility (as defined in Policy 5.8 of the Transportation Element) and further the achievement of the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, 9.A.3 Packet Pg. 57 Attachment: FLUE Consistency Review - Attachment B (11192 : KASE MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 3 of 5 protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. [Project site is currently vacant and surrounded by existing developments. The Master Plan proposes an area of native vegetation preserve. There are no historic resources on site. The development plan will include a connection to the existing sidewalk on Livingston Road and interconnections within the PUD. Staff concurs the applicant’s response would meet the criteria of Policy 6.1.] FLUE Policy 6.2: Transportation Concurrency Management Areas have been established and shall be supported in the specific geographic areas described in Policy 2.6 of this Element. [The project is located within the Northwest TCMA, as shown in Map TR-5, meeting the criteria of Policy 6.2.] FLUE Policy 6.3: Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall discourage the proliferation of urban sprawl by promoting residential and commercial infill development and by promoting redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Objective 5, and relevant subsequent policies, of this Element. [This is an infill project that meets the criteria of Policy 6.3.] FLUE Policy 6.4: Not applicable to residential projects. FLUE Policy 6.5: In order to be exempt from link specific concurrency, new residential development or redevelopment within Collier County’s designated Transportation Concurrency Management Areas (TCMAs) shall utilize at least two of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Including neighborhood commercial uses within a residential project. b) Providing transit shelters within the development (must be coordinated with Collier County Transit). c) Providing bicycle and pedestrian facilities, with connections to abutting commercial properties. d) Providing vehicular access to abutting commercial properties. [Staff finds the criteria of Policy 6.5 is not applicable since the applicant is not requesting an exemption from link specific concurrency. However, the applicant offers several developer commitments (TDM strategies) in Exhibit F to help alleviate transportation concerns.] FLUE Policy 6.6: All rezoning within the Transportation Concurrency Management Areas (TCMAs) is encouraged to be in the form of a Planned Unit Development (PUD). Any development contained in a TCMA, whether submitted as a PUD or non-PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1.1 of the Conservation and Coastal Management Element. [This is a rezone request to a Mixed Use Planned Unit Development (MPUD) and native vegetation is shown on the MPUD Master Plan to be preserved as required. Staff concurs the applicant’s response would meet the criteria of Policy 6.6.] FLUE Policy 6.7: All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element. 9.A.3 Packet Pg. 58 Attachment: FLUE Consistency Review - Attachment B (11192 : KASE MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 4 of 5 [The applicant stated that the Kase PUD will meet Objective 11.1 and Policies 11.1.1 through 11.1.3 of the Conservation and Coastal Management Element. Although no historic or archaeological resources have been found on site, there have been resources logged within the April Circle PUD to the north; therefore, the subject site lies within the quarter mile buffer and special precaution will be taken during construction. If any historic resources are ever found on this site, required conservation techniques will be applied. The applicant’s responses meet the criteria of Policy 6.7. 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 staff leaves this determination to Zoning Services staff as part of their review of the petition in its entirety.] FLUE Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Conceptual Site Plan, Exhibit ‘C’, shows one ingress/egress point on Livingston Road, a minor arterial as identified in the Transportation Element of the GMP.] FLUE 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 PUD Master Plan shows only a large area labeled ‘Development Area’ without any roads. One Conceptual Site Plan in the TIS shows Multi-family building outlines and a loop drive around a large portion of the entire project, providing internal circulation within the project. Another Conceptual Site Plan in the TIS shows an ALF building and a loop drive around much of the project area. There are secondary areas shown on the two Conceptual Site Plans to the east of the loop road and labeled ‘Preserve’ and ‘Detention #1 and #2’.] FLUE 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. [Neither the Master Plan nor the Conceptual Site Plans show any interconnections with adjoining neighborhoods or developments; Livingston Road abuts the subject site to the west. Submittal 3 included an Exhibit A from the Eboli PUD that shows a potential interconnection as well on a revised Kase PUD Conceptual Master Plan Exhibit C-1. The properties to the east (Livingston Lakes - fully developed residential), south (entrance and grounds to Livingston Lakes) and north (April Circle PUD is fully developed residential) offers no opportunity for interconnections, therefore staff believes interconnections not feasible to other locations.] FLUE 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 petition lists a variety of housing in Exhibit ‘A’ Permitted Uses with either single-family, multi-family housing or an ALF. The Conceptual Site Plan for Multi-family indicates a clubhouse location, which are frequently used for civic facilities. Both Conceptual Site Plans show a pathway around the detention areas. No deviation has been proposed from providing sidewalks as required by the Land Development Code. The “Usable Open Space Requirement” on the Master Plan states the required open space (7.58 acres X 30% = 2.27 acres) with the footnote that usable open space locations will be determined at time of Site Development Plan (SDP) permitting.] 9.A.3 Packet Pg. 59 Attachment: FLUE Consistency Review - Attachment B (11192 : KASE MPUD) Zoning Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 Page 5 of 5 NOTE: Conservation and Coastal Management Element (CCME) Policy 12.1.14 reads: “All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities (“State Requirements for Educational Facilities,” (2014). Additionally, this area shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than seventy-two (72) hours.” (2017). Following Hurricane Irma in 2017, Florida’s Governor set new emergency requirements mandating that this capability be extended to ninety-six (96) hours depending the size and type of facility and include an appropriate amount of fuel to operate the generator. Staff recognizes that at the time of the project’s Site Development Plan process, the applicant will need to address this sheltering requirement. CONCLUSION: This MPUD rezone petition may be deemed consistent with the FLUE. PETITION ON CITYVIEW cc: David Weeks, AICP, Growth Management Manager, Zoning Division, Comprehensive Planning Section Raymond V. Bellows, Manager, Zoning Division, Zoning Services Section PUDZ-PL2018-2453 Kase MPUD R3.docx 9.A.3 Packet Pg. 60 Attachment: FLUE Consistency Review - Attachment B (11192 : KASE MPUD) Detached Single Family Attached Single Family & Townhouse Two-Family & Zero Lot Line Multi Family Group Housing Amenity Area Principal Structures Minimum Lot Area KASE 6,000 s.f. 5,500 s.f. per unit 1,200 s.f. per unit n/a n/a 10,000 s.f. April Circle n/a n/a n/a n/a n/a n/a Eboli n/a n/a n/a n/a n/a n/a Livingston Lakes n/a n/a n/a 1 acre n/a n/a Pelican Marsh 7,500 s.f. 3,000 s.f. 2 3,500 s.f. – Two family 5,000 s.f. – Zero Lot Line 1 acre 1 acre n/a Minimum Lot Width KASE 50 feet 100 feet 80 feet n/a n/a. n/a. April Circle n/a n/a n/a n/a n/a n/a Eboli n/a n/a n/a n/a n/a n/a Livingston Lakes n/a n/a n/a 150 feet n/a n/a Pelican Marsh 75 30 35 – Two family 50 – Zero Lot Line 150 150 n/a Minimum Floor Area KASE 1,200 s.f. 1,000 s.f. 1,000 s.f. 750 s.f. n/a n/a April Circle n/a n/a n/a Efficiency: 450 to 600 s.f. One bedroom: 450 to 900 s.f. Two bedroom: 650 to 1,100 s.f. Three bedroom: 900 to 1,250 s.f. n/a n/a Eboli n/a One bedroom: 765 s.f. Two bedroom: 1,000 s.f. Three bedroom: 1,150 s.f. One bedroom: 765 s.f. Two bedroom: 1,000 s.f. Three bedroom: 1,150 s.f. One bedroom: 765 s.f. Two bedroom: 1,000 s.f. Three bedroom: 1,150 s.f. n/a n/a Livingston Lakes n/a n/a n/a 750 s.f. n/a n/a Pelican Marsh 1,800 s.f. 1,200 s.f. 1,600 s.f. 1000 s.f. 4 n/a5 n/a Minimum Front Yard KASE 20 feet for Principal and Accessory 20 feet for Principal and Accessory 20 feet for Principal and Accessory 30 feet for Principal and Accessory 30 feet for Principal and Accessory 20 feet for Principal and Accessory April Circle n/a n/a n/a 30 feet n/a n/a Eboli n/a 90 feet from Immokalee Road right-of- way 90 feet from Immokalee Road right-of- way 90 feet from Immokalee Road right-of- way n/a n/a Livingston Lakes n/a n/a n/a 35 feet for Principal and Accessory n/a n/a Pelican Marsh 25 feet 20 3 20 3 25 feet 25 feet n/a 9.A.4 Packet Pg. 61 Attachment: Development Standards Comparison Table - Attachment C (11192 : KASE MPUD) 15 feet for side entry garage 10 feet for side entry garage 10 feet for side entry garage 15 feet for side entry garage 15 feet for side entry garage Minimum Side Yard KASE 5 feet for Principal and Accessory 0 feet for Principal and Accessory 0/5 feet1 for Principal and Accessory 15 feet – Principal 10 feet – Accessory 15 feet – Principal 10 feet - Accessory 10 feet for Principal and Accessory April Circle n/a n/a n/a 30 feet n/a n/a Eboli n/a n/a n/a n/a n/a n/a Livingston Lakes n/a n/a n/a 15 feet for Principal and Accessory n/a n/a Pelican Marsh 7.5 feet 0 or .5 building height 0 or 7.5 .5 building height 20 feet or .5 building height n/a Minimum Rear Yard KASE 20 feet for Principal and Accessory 20 feet for Principal and Accessory 20 feet for Principal and Accessory 30 feet – Principal 20 feet - Accessory 30 feet – Principal 20 feet - Accessory 20 feet for Principal and Accessory April Circle n/a n/a n/a 30 feet n/a n/a Eboli n/a n/a n/a n/a n/a n/a Livingston Lakes n/a n/a n/a 30 feet for Principal 20 feet for detached and 10 feet for attached for Accessory n/a n/a Pelican Marsh 20 feet – Principal 10 feet - Accessory 20 feet – Principal 10 feet - Accessory 10 feet – Principal 5 feet - Accessory Same as Building height for Principal 15 feet for Accessory Same as Building height for Principal 15 feet for Accessory n/a Minimum Preserve Setback KASE 25 feet – Principal 10 feet - Accessory 25 feet – Principal 10 feet - Accessory 25 feet – Principal 10 feet - Accessory 25 feet – Principal 10 feet - Accessory 25 feet – Principal 10 feet - Accessory 25 feet – Principal 10 feet - Accessory April Circle n/a n/a n/a n/a n/a n/a Eboli n/a 20 feet 20 feet 20 feet n/a n/a Livingston Lakes n/a n/a n/a n/a n/a n/a Pelican Marsh n/a n/a n/a n/a n/a n/a Minimum PUD Setback KASE 15 feet 15 feet 15 feet 15 feet 15 feet 35 feet April Circle n/a n/a n/a n/a n/a n/a Eboli n/a Yards from the Eastern and Western PUD Boundaries – 20 feet for 1 story structures and 30 feet for two story structures Yards from the Southern PUD Yards from the Eastern and Western PUD Boundaries – 20 feet for 1 story structures and 30 feet for two story structures Yards from the Yards from the Eastern and Western PUD Boundaries – 20 feet for 1 story structures and 30 feet for two story structures Yards from the n/a n/a 9.A.4 Packet Pg. 62 Attachment: Development Standards Comparison Table - Attachment C (11192 : KASE MPUD) Boundary – 70 feet Southern PUD Boundary – 70 feet Southern PUD Boundary – 70 feet Livingston Lakes n/a n/a n/a n/a n/a n/a Pelican Marsh n/a n/a n/a n/a n/a n/a Minimum distance between structures KASE 30 feet 15 feet 15 feet 15 feet 15 feet 15 feet April Circle n/a n/a n/a 15 feet n/a n/a Eboli n/a Between one story and one- story strictures – 10 feet Between one story and two- story structures – 15 feet Between two story and two- story structures – 20 feet Between one story and one- story strictures – 10 feet Between one story and two- story structures – 15 feet Between two story and two- story structures – 20 feet Between one story and one- story strictures – 10 feet Between one story and two- story structures – 15 feet Between two story and two- story structures – 20 feet n/a n/a Livingston Lakes n/a n/a n/a 15 feet, or one- half of the sum of the heights of adjacent buildings, whichever is greater for Principal 10 feet for Accessory n/a n/a Pelican Marsh 15 feet .5 Sum of Building Heights 10 feet .5 Sum of Building Heights .5 Sum of Building Heights n/a Minimum Height Zoned Actual KASE Zoned Actual 30 feet 35 feet for Principal and Accessory 30 feet 35 feet for Principal and Accessory 30 feet 35 feet for Principal and Accessory 40 feet 47 feet for Principal and 35 feet 40 feet for Accessory 40 feet 47 feet for Principal and 35 feet 40 feet for Accessory 30 feet 35 feet for Principal and Accessory April Circle Zoned Actual n/a n/a n/a Two stories n/a n/a Eboli Zoned Actual 35 feet not to exceed 2 stories over parking for Principal 15 feet for Accessory 35 feet not to exceed 2 stories over parking for Principal 15 feet for Accessory 35 feet not to exceed 2 stories over parking for Principal 15 feet for Accessory 25 feet Livingston Lakes Zoned Actual n/a n/a n/a 3 habitable floors for Principal 35 feet or two stories whichever is n/a n/a 9.A.4 Packet Pg. 63 Attachment: Development Standards Comparison Table - Attachment C (11192 : KASE MPUD) greater for Accessory Pelican Marsh Zoned Actual 35 35 35 50 50 n/a 1 Must be at least 10 feet between structures 2 Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. 3 Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirements to 5 feet for the garage and 15 feet for the remaining structures 4 Structures east of Airport Road have a minimum floor area of 750 s.f. 5 For density comparison, each residential unit shall equal 4.0 ALF units 9.A.4 Packet Pg. 64 Attachment: Development Standards Comparison Table - Attachment C (11192 : KASE MPUD) FinnTi From: Sent: lo: Cc: Subject: Attachments: Ezio Traunero <ezio.livingstonlakes@gmail.com > Monday, January 13, 2020 1:21 PM FinnTimothy Alysia Testa; Joseph Capriotti Fwd: KASE MPUD document 2019- 1 1-18 KASE MPUD DOCUMENT ex. A-F.pdf Lt Board Position - Notice of Objection to the Proposed Rezoning.pdf; Letters from Owners.pdf EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. HiTimothy Attached is our formal notice of objection regarding the proposed rezoning which has been prepared by one of our owners Brian Fuhro. We are also attachlng numerous notices of o bjections that have been pouringin regarding this re- zoning from owners that are away and unable to attend the Meeting. There are still more coming and we will bring them with us at the meeting Let us know if this is the correct format as we plan to bring this to the Public Hearing on January 15th, 2020 along with many of the owners that will come personally instead of writing a letter This proposed rezoning is a complete disaster for our community and we would greatly appreciate if Collier Counting take our objections under serious consideration Thank you Ezio Traunero Livingston Lakes Community - Boord Member Naples, Florida e-mail: ezio.livinsstonla kes@email.com P:647-260-0876rt L-800-367 -9793 ext 224 ------ Forwa rded message ----- From: FinnTimothy <Timothv.Finn@ lliercountvfl.eov> Date: Fri, Dec27,2079 at 11:43 AM Subject: KASE MPUD docu ment To: ezio.livinsstonlakes @smail.com <ezio.livinsstonla kes@gmail.com> Please see attached Timothy Finn, AICP Principol Plonner 1 9.A.6 Packet Pg. 65 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Zoning Division NOIE; New Emoii Address os of 1210912017: Timothv.Finn@colliercountvf I.oov 2800 North Horseshoe Drive, Noples Florido 34104 Phone:239.252.4312 Tell us how we ore doing by toking our Zoning Division SuNey at htto://bit.lvlcollierzoninE. Under Florida Law, e-mail addresses are public records. ll you do not want your e-mail address released in response to a public records request, do nol send electronic mail to lhis entity. lnstead, contacl this office by telephone or in writing. 2 9.A.6 Packet Pg. 66 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Notice of Objection to the Proposed Rezoning Collier County Planning Commission and Board of County Commissioners Re Reference: PL20l 80002453 Project: KASE MPUD Property Location: East side of Livingston Road (north), approx. Ynmile south of Immokalee Road in Section 30, Township 48 South, Range 26 East Dear Livingston Lakes Board Members and Collier County: The purpose of this e-mail is to express my complete and unqualified objection to the proposed application referenced above filed with the Collier County Planning Commission to amend the appropriate zoning atlas map by changing the zoning classification of the Property identified above from a Rural Agricultural (A) zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district. This Property is located adjacent to and in some parts, in front of, our Livingston Lakes community. The Property is presently wooded and adjacent to a natural lake located on and at the front of our community property. A change in zoning classification and use, coupled with a project of this magnitude and scope, will certainly jeopardize the natural state of the surrounding lands and adjacent lake and create additional stress on these sensitive environmental areas that we, as an association community, are obligated to recognize and preserve. The buffers and preserve areas depicted in the "KASE PUD Conceptual Master Plan" prepared by DE Davidson Engineering indicate only the minimum preserve requirement (0.16 acres) will be provided for and met, constituting approximately 2.loh of the Property. Notably this minimum preserve requirement will be sourced in 1.09 acres of exiting onsite native vegetation. Further, it is unclear what effect, if any, this Project will have on water shed management and control, as well as, the effect on the safe and efficient ingress and egress ofresidences to and from the Livingston Lakes community. On a personal note, the proximity of this Project (and size and scope of the "Developmental Area") to our Livingston Lake community, as depicted in the Master Plan, will certainly change forever the overall natural state and greatly impact the look, the feel and worth of our beautiftll community. When we purchased our residence, a significant consideration was the natural surroundings and serenity of this Livingston Lakes community, afforded by the zoning and use classification of the surrounding properties. Moreover, we are certain we are not alone and that most of our neighbors in the Livingston Lakes community relied upon these same considerations in purchasing their residences. Approval of a change in zoning classification, coupled with the concentrated density in use of this Property by the construction of 76 residential dwellings or 212 group housing units (possibly consisting of 3 or 4 story buildings) in such close proximity to our Livingston Lakes community would certainly restrict our bargained for use and enjoyment of our residence from the time of purchase, as well as, diminish the fair market value of our residences to the benefit of the 9.A.6 Packet Pg. 67 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) applicant/investor at our unforeseen expense. Notably we have not seen any land use or buildings of this height so close to the public roadway or in other communities on Livingston Rd. Finally, it is uncertain the effect a Project of this scope will have on the traffic patterns north and south of Livingston Road. Any new construction will add even more chaos to the already heavy traffic on Livingston Road and the Immokalee Road intersection especially during rush hour with motorists trying to access I -75. The addition of the "Seed to Table" retail establishment on the north east side of this intersection has contributed to additional stress to this intersection. This situation intensifies substantially during "season" and becomes even more dangerous to motorists. Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. These Commissions, consisting of members of our overall communify, must be made aware of the effect this Project will have upon the adjacent lands and our Livingston Lakes community. Regretfully, we will be unable to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to read and enter our objection into the record. Respectfully, Brian D. Fuhro Cynthia Fuhro Property owners: 15141 Palmer Lake Circle Unit 103 Naples, FL 34109 9.A.6 Packet Pg. 68 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners fell exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would tolally enclose it in such a way that we see property values plummeting to the benefit of lhis investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee Intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, 't7,to /) i",Robert and Ki ly Dellutri Property owner 1 5'1 18 Palmer Lake Circle, unit #204 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record Subject heading: Objection to the Proposed Rezoning 9.A.6 Packet Pg. 69 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Subicct heading: Objection to the Propossd Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to 1," pr"p""Lo iezoning of a parcel of land h front of our community from agricultural use to either residential or assisted living buildings Thelandislocatedveryclosetoourcommunityandchangingitfromitscurrentnatural .i"i" *orfA greatly impact the look, the feel and the value of our beautiful community' wn"n r prr.n".ed my unit, a BIG part of the consideration was the surroundings and serenitv of tn" community. Moreover, I am sure that most other owners felt exactly the same. Furthermore,anyapprovalof3or4storiesbuildingssoclosetoourcommunitywould toiaity enctose itin such a way that we see property values plummeting to the benefit of this investor. WehavefurthernotSeenanybuildingsofthisheightsoclosetotheroadandother communities on Livingston Rd Any new construction will add even more chaos to the already heavy traffic on.. 1irinjiton road and the lmmokalee intersection especially during rush hour with ,oioiii. trving to get to I -75. This situation intensifies substantially during season and becomes even more dangerous PleasesubmitmyE-mailtotheappropriateauthoritiesduringtheCollierCounty Planning Commiision and Board of County Commissioners meetings' Respectfully, William Marca Prope(y owner 15197 Butler Lake Drive, Unit 102 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referen-ced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record 9.A.6 Packet Pg. 70 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Subject heading: Objection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The tand is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. when I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it'in such a way that we see property values plummeting to the beneflt of this investor. we have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motoiists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, WilliamR&ElvaHBurks Property owner 15177 Butler Lake Dr. unit #101 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record 9.A.6 Packet Pg. 71 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) ffiosedRezonins l.{ Smail 2020-01-13, 12:29 PM Objection to ProPosed Rezoning Sun, Jan 12,2020 at 4:59 AM Roslyne Thomson <roslyne.thomson @gmail.com> To. Livin g ston Lakes Board <board@l ivingstonlakescond o'com> Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. V/hen I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see propefi values plummeting to the benefit of this investor, We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mailto the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, John & Roslyne Thomson Property owners 15148 Palmer Lake Cricle, Unit 203 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record https://mail.goog le.com/ma illu/0?ik = sf g36!66 39&view= pt&search= .-. %3A168 S 51614468 6OO7 760&s im pt= msg_f%3A165551614 468 6007760&mb= 1 Page 1 ot 1 9.A.6 Packet Pg. 72 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Dear Livingston Lakes Board Members: The purpose of this e-mail is to express mV lfnOle objection to the proposed rezoning ot, pui""i'oir'nd in front of our iommunity from agricultural use to either residential or assisted living buildings' The land is located very close to our community and changing it from its current natural .i;i;;;r; Gatty impact tne iook, the feel and the value of our beautiful ;;;;;;ity "wn"n r plrcnasea mv unit, a BlG. part of the consideration was the ;;;;;';gt r;d seienitv oiir,e t'o"'nitv Moreover' I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such u *uitf,,t *" tee prope't-y values plummeting to the benefit of Subject heading: Objection to the Proposed Rezoning this investor Forrest R. Tower 15157 Palmer Lake Circle, #101 Naples, FL 34109 We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Anv new construction will add even more chaos to the already heavy.traffic on..'Lilid;i;;;; u"Jtn. tmmokatee intersection especiaily during rush hour with ,oioi[ii twins to get to r -zs-. iiris situation intensifies substantially during season and becomes even more dangerous PleasesubmitmyE.mailtotheappropriateauthoritiesduringtheCollierCounty Plannrng Commission and Board of County Commissioners meetings' Respectfully, PS Regretfully, due to my work obligations, I am not able to attend the above refererLed meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record 9.A.6 Packet Pg. 73 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its cunent natural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the sunoundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of lhis height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submil my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, lam asking Livingston Lakes Board Members to enter my objection into the record Subject heading: Objection to the Proposed Rezoning Jesse E. Hoskins and Phyllis Hoskins Property owner 15165 Butler Lake Drive, Unit #102 Naples, FL 34109 I I I ! 1 i , I 9.A.6 Packet Pg. 74 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Subject heading: Obiection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG obiection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close lo our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Judy Coady and [/ike Wilson Property owner 15181 Butler Lakes Drive#202 Naples, FL 34'109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, lam asking Livingston Lakes Board Members to enter my objection into the record Respectfully, 9.A.6 Packet Pg. 75 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Subject heading: Objection to the Proposed Rezoning Dear Livingston Lakes Board Members The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, Dennis and Linda Ritchie Property owner 1 5 t52 Palmer Lake Circle, Unit 101 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous 9.A.6 Packet Pg. 76 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Subject heading: Objection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing il from its current nalural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, John B West Property owner 151'14 Palmer Lake Circle Unit 105 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record 9.A.6 Packet Pg. 77 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) ] !-. Gmail - Obiection to Proposed Rezoning - Vacant Land in Front of our Community 2020-01-13, 12:3'l PM f.rl Gmait Objection to Proposed Rezoning - Vacant Land in Front of our Community Jenny Wise <jennifereeswise@gmail.com> To: Livingston Lakes Board <board@livingstonlakescondo.com> Sat, Jan 11,2020 at 12:38 PM Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful communi$. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, Jennifer R IMse Property owner 15144 Palmer Lake Cir Unit 203 Naples. FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record https://mail'google'com/mail/u/o?ik=af8ac3683g&view=pt&search=...%3A1655 454417923906051&simpl=msg-f%3A1655454417923906051&mb=1 page 1 ol 1 9.A.6 Packet Pg. 78 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) 2020-01-13,12;34 PM Gmail-Re:ObiecliontoProposedRezoning-VacantLandinFrontofourCommunity f:l Gmail Re: Objection to Proposed Rezoning - Vacant Land in Front of our Commun ity Na ila Torrens <nailatorrens@gmail'com> To: Livingston Lakes Board <board@livingstonlakescondo'com> Sun, Jan 12,2020 at 12:09 PM On Jan 10,2OZA,at 1:04 PM, Livingston Lakes Board <board@livingstonlakescondo.com> wrote: Subject heading: Objection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in fiont of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. \y'Vhen I purchased my unit, a elC part of the consideration was the surroundings and serenity of the communily. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mailto the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfulty, Naila Torrens Property Owner 15161 Palmer Lake Circle unit #201 Naples. FL 34109 PS Regretfulty, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Ltvingston Lakes Board Members to enter my objection into the record https://mail.google-com/mail/u/0?ik=af8ac36839&view=pt&search=...%3A16555431a874257O240&simpl=msg-f%341655543188742570240&mb=1 page 1 of 2 ii' .$ lt, 9.A.6 Packet Pg. 79 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) ,-'. ' .Gmail - Re: Objection to Proposed Rezoning - Vacant Land in Front of our Communily 2020-01-13,12:31 PM f4 Gmail Re: Objection to Proposed Rezoning - Vacant Land in Front of our Community Margie Talley <mtalleyl 1 1 6@9mail.com> To: Livingston Lakes Board <board@livingstonlakescondo.com> Cc: Robert Talley <cakebreadl @msn.com> Sat, Jan 11,2020 at 12:01 PM Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous. Along with the additional trafiic generated by the mega grocery store at said intersection. We are directly behind the proposed land and believe it will "upset" the beautiful preserve wildlife we have come to enjoy. Please submit my E-mail lo the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, Robert and Margaret Talley Property owner 15173 Butler Lake Dr. #202 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person Thus, I am asking Livingston Lakes Board Members to enter my objection into the record On Jan 10,2020, at 1:04 PM, Livingston Lakes Board <board@livingstonlakescondo.com> wrote: https://mail google com/maillu/o?ik =af 8ac36839&view=pt&search=...f %3A1655 452't11537327267&simpt=msg- f%3A16554521115373?-7267&mb=1 Page 1 of 3 9.A.6 Packet Pg. 80 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Gmail - Objection to the Proposed Rezoning li-rl Grnail 2020-01-09, 9:58 AM Objection to the Proposed Rezoning Leon Kayser <leonkayser2015@gmail.com> Wed, Jan B,2O2A at 4:59 pM To: Ezio Traunero <Ezio.livingstonlakes@gmail.com>, Livingston Lakes Board <board@livingstonlakescondo.com> Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land Infront of our community from agricultural use to either residential or assisted living buildin-gs. The land is located very close to our community and changing it from its current natural state would grealy impact the look, the feel and the value of our beautiful community. When I purchased my unit, a AtO-part 6t the consideration was the surroundings and serenity of the community. Moreover, I am iure ti'rat most other owners felt exactly the same. Please submit my_E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, Leon Kayser, Property owner 15144 Palmer Lake Circle, BLDG 26-102 Naples, FL 34109 PS Eegretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record. http s://mail'goog le'com/ma illu/o?ik = af 8ac 36 8 39&view=pt&search =...f%3A16 5 5198979 81679g8 37&simpt= rn5g-f%3A1655198979 g1679 g837&m b= 1 Page 1 of 1 9.A.6 Packet Pg. 81 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Gmail - Re: Ob,iection to Proposed Rezoning - Vacant Land in Front of our Community 2020-0'l-'10, 1:55 PM f'{ Gn'rail Re: Obiection to Proposed Rezoning - Vacant Land in Front of our Community Jeff Clark <clarkoparko@grnail.com> To: Livingston Lakes Board <board@livingstonlakescondo.com> Fri, Jan 10,2A20 at 1:24 PM On Jan 10, 2020, at 1:04 PM, Livingston Lakes Board <board@livingstonlakescondo.com> wrote Subject heading: Objection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greafly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a BIG part of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd Any new construction will add even more chaos to the already heavy traffic on Livingston road and the lmmokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully Jeffrey Clark 15209 Butler Lakes Drive #201 Naples, FL 34109 PS Regretfully, due to my work obligations, I am not able to attend the above referenced meetings in person. Thus, I am asking Livingston Lakes Board Members to enter my objection into the record https://mail.google.com/mail/u/0?ik=af 8ac368 39&view= pt&search =...f%34165 5 3 667118 07158806&simpt=ms9-f%3A165 536671180715I806&m b= 1 Page 1 of 1 9.A.6 Packet Pg. 82 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) 2O2O-01-10, 3:14 pM Gmail - RE: Obiecrion to Proposed Rezoning - Vacant Land in Front of our Community t\rl Gmait RE: Obiection to Proposed Rezoning - Vacant Land in Front of our community Fri, Jan't0, 2020 at 2:19 PM Laurie Andtea <laurie@aldinc.nef' To: Livingston Lakes Bolrd <board@livingstonlakescondo com> Osar Lrvingslon Lak63 Board Members: buildings. my unit, a BIG part of the consideratim was the eunoundings aM semnity of tho community. Moreover, I am sure ihat most other owners felt exadly lhe tarp \r'il. hava turther not 6€en any buildhgs of this height so clos€ fo the road md other communilies on Livingston Rd. silualion intensilies subslantially during season and b€core even more dangorous pleasc submit my E-mail lo the appropriate authorities during lha Collier County Planning Commissbn and Board of County Comma$ioncf3 me€tings' Respectfulty, Laurio and Christian Andrsa Property otflner i5i'11Pi}mer lalie Circlc !n[:01 Nar:es. F:..34109 record From: Livingston Lakes Board <boarC@iivilgsloniairescondo.con]> Sent: Friday, Januau1o. 2020 1;05 PM To: Laurie Andrea <laLrIie@aidinc nei> Subiect: Ob,ection to Proposed Rezoning - Vacant Land in Front of our Community To All Livingston Lakes Ownec Further to our e-roil with subiec't heading"Public Heaing Nofice - vacanl Land ia F@nt ol our Communitf mny Mers have advisod us lhat thry wilt to axprcas their disgccrenl to the proposad Ezoning but will not bo able to come to ths hearing for work clated issues tr they are away during lhst dal6. V\t\ile we slrongly en@uEgo as many peoPla as possible to come to lhe hearing to make a strong stdment to Collier Cdnty, we hare prepared a drEft cornmunicatim ,or all thos that will not be able to attend. All you haYe to do is COPY lhe draft fext b€bw tr the ono on this doqrmcnt link, PrcpcseC Cwnei +mail tc lite Llosrd.dtrx press reply to fhis smail and PASTE the text (add any LrvrNcsToN LnKES https;,//mail.google.com/mail/u/o?ik=af8ac36839&view=pt&search...%3A1655370168560568423&simpl=msg-f%341655370168560568423&mb=1 page t of 2 9.A.6 Packet Pg. 83 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) F- Gmail - Obiection to the proposed Rezoning lY Gmail 2020-01-13,12:36 pM Obiection to the proposed Rezoning Dianna Ackerman <DAckerman@gulfshoreinsurance. com> To: "board@livingstonlakescondo.com" <board@livingstonlakescondo.com> Cc: "dackerman333@yahoo.com" <dackerman333@yahoo.com> Dear Livingston Lakes Board Members: The purpose of this e-mail is to express my STRONG objection to the proposed rezoning of a parcel of land in front of our community from agricultural use to either residential or assisted living buildings. The land is located very close to our community and changing it from its current natural state would greatly impact the look, the feel and the value of our beautiful community. When I purchased my unit, a StC putt of the consideration was the surroundings and serenity of the community. Moreover, I am sure that most other owners felt exactly the same. Furthermore, any approval of 3 or 4 stories buildings so close to our community would totally enclose it in such a way that we see property values plummeting to the benefit of this investor. We have further not seen any buildings of this height so close to the road and other communities on Livingston Rd. Any new construction will add even more chaos to the already heavy traffic on Livingston road and the Immokalee intersection especially during rush hour with motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangerous. Please submit my E-mail to the appropriate authorities during the Collier County Planning Commission and Board of County Commissioners meetings. Respectfully, Dianna Ackerman htrps://mail.google.com/mail/u/o?ik=af8ac36839&view=pt&search=...%3A1655631753634227766&simpt=msg-f%3A1655631753634227766&mb=1 page 1 of 2 Mon, Jan 13,2020 at 11:36 AM I ; i i I I I : : : I I I , i I I 9.A.6 Packet Pg. 84 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Gmail - Objection to the proposed Rezoning Property otvner 15098 Palmer Lake Circle # 103 Naples. FL 34109 2020-01-13,12:36 pM PS Regretfully, due to.Ty work obligations, I am not able to attend the above referenced meetings inperson' Thus, I am asking Livingston Lakes Board Members to enter my objection into the record https://mail.google.com/mail/u/O?ik = af Bac 36 g39&view= pt&searc h...%3A1655531753634227766&simpt=msg-f%3A1655631253634 227766&m6=1 page Z ot 2 9.A.6 Packet Pg. 85 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Gmail - Re: ob.lection to Proposed Rezoning - vacant Land in Front of our community p{ Grnail 2020-01-13.12:19 PM Re: Objection to Proposed Rezoning - Vacant Land in Front of our Community Lori Adamchek <ladamchek@gmail.com> To: Livingston Lakes Board <board@livangstonlakescondo.com> Sat. Jan 11,2020 at 11:51 AM subiect: oblection to the Proposed R€zoning Dear Livingston Lakes Board Members: assisted livrng buildings. prr"hur*d orrunit, a dlG part ol the consideration was the surroundings and serenity ol the community. t\roreovet. we leel sure lhat most other owners lelt exactly the same. Furlhermore, any approval ol 3 or 4 story buildings so ctose to ou. community would totally enclose it in such a way thal we ,ear trlal property values will fall. Nowhere else on L.ivrngston Boad have we notic€d any buildings o, this heqht so dose !o lhe road and olher communities. ln additim, any new construction wiil add even more chaos to the akeady hea!ry tralric on LMngslon Road and the hmokalee Boad interseclion, es@lally during rush hour w'lh motorists lrying to get to I -75. This siluaton intenglies substantially during season and becomes evefl more dangerous. please submit my E-mail to the appropriate authorities during the collrer county Planning commission and Boam ol county commissioneB meelirEs. Respecttulty. Stan and Lon Adamchek Property owners 151 5; Patmef Lake C:ircle Unit 102 Nag:+s Fl" 3410v ps. Fegreiluily, due to other obligations, I am not able to attend the above rererenced meetings rn person. Thus, I arn asking Livingslon Lakes Board Members to enler my objection inlo the record. On Fri, Jan 10, 2020 at 1 :04 PM Livingston Lakes Board <bssrCellvingstoillai.lsiondo ccE]> wrole: To All Lrvingston Lakes Owners Further to our e-mail with subiect headtng"Public Heanng Notice - Vacant Land in Front of our Communlty many owners have advised u9 that they want to express their disagreement to the proposed rezoning but will not be able to coine tc the hearing for work related i$ues or they are away during that date. Vvhil€ we strongly encourage as many people as possible ic corne to the he€ring to make a stror€ stetement to Collier County, we have prepared a drafr communication for all thos€ that will not be able to atend. All you have to do is COPY the draft lext below or the one on this document link, Proposed Cvrner e-ma:i lo the Eicard.do.r press repty to this e!.mail and PASTE the ten (add any additio.al comments that you might have) and make suro you add your full name and address on the signature and press SEND Your involvement to this rezoning hering is very crucial and we hope most of you will either attend or send us your objection e-mail. Here is the proposed text: Subiect heading: Obiection to the Proposed Rezoning Dear Livingston Lakes Board Members: The purpose of this e-mail is io express my STRONU objection to the proposecl rezonrng of a parcel of land in front of our community from agricultural use to eitherresid€ntial or assisted living burldings. LvrNGSTor\ LaKES https:iimail.google.com/mail/u/0?ik=af8ac36839&view=pt&search=...f%3A1655451531158837453&simpt=msg-f%3A1655451531158837453&mb=1 page 1 of 2 9.A.6 Packet Pg. 86 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) - Re: Objection to Proposed Rezoning - Vacant Land in Front ol our Community fi Gmail Re: Objection to Proposed Rezoning - Vacant Land in Front of our Community Nrncy Coopcr <coopernancy@twc.com> To: Livingston Lakes Board <board@livingstonlskescondo com> \i\y'e want 'lo sxpress our strong objsdion lo the proposed rezoning of lhis proPetty I Nancy and Roberl Cooper 1514_" pahrEr Lai(.e aide u\a202 N:ples Flcrida 34'lC9 On Jan 'lO.2O2O, at 1:04 PM, Livingstor Lakes Board <Bla&@.!iv!!gstarkle;qqndg.q!,.01> trote: 2020-01-13, 12t29 PM i:: : ii' I,1t Sat. Jan 1 1 , 2020 at 9:58 Pt\ To All Livingston Lakes Owners Further lo ou, e.mail with subjeci heading"Public Heaing Notice - Vacant Land in Front ot our Comfiunitf man! o|uws havo advis€d us that they want to exPress their disagreement to the proposed rezoning but will nol be able lo come lo lhe hearing for work related isg{.les or lhey are away during thal dat6. Vvlrit-e we strongly ercuraga as many people as possible to come to th€ hearing lo make a strong statement to Collier County, we have preparcd a drall comunicalion for all those that will not be able to attBnd. All you have to do is COPY the drafl text balow or the one m this documnt link, Prcposed Ow'ileI e-nEil lo the Board.docx p.66s rcPly to this mail and PASTE the texl (add any addilional commmts that you might havs) and make suE you add your full name and address on ths signature and press SENO Your invotvemenl to lhis rezoning h€€ring is very crucial and we hopa mosl of you will either att6nd or ssnd us your obi€ction email. Here is the proposod texl: Subjrct hoadlng: Objoction to the Proposed Rozoning D€ar Livingston Lakes Board Members: The purpos€ o( this a,mail is to express my STRONG ob,iection to th6 proposed rezoning of a parcel of land in front of our communily from agricultural use to either resid€ntial or assisted living buildings. The hnd is locatcd very close to our cpmrunily and changing it from ils current nalural state would greatly impact the look, the feel and lhe value of our boauliful community. Vlhen I Frrchased my unit, a BIG pert of lh6 consk aratim ms the sunoundings and serenity of the community. Morsover. I am sre thal most othar owlrers felt exacily tho sme. Furthermor6, any approval of 3 or 4 stories buildings so close to our community would tolally gnclo3a it in such a way that ws see property values plummeting to th€ benef( of lhb inveslor \rvs have furiher not seen any buildings of lhis height so dos€ to lhe road and other mmunities on Livingston Rd. Any narv construclion will add even more chaos to the akeady heavy trafric on Livingslon road and the lmmokalee mterseclbn especially during rush hour wilh motorists trying to get to I -75. This situation intensifies substantially during season and becomes even more dangeroue Pleese submit my E-mailto the appropriate authoriti€s during lhe Colliar Counly Planning Commission and Board of County Commission€rs meetings. Respectfully, (Owner First and Lasl Narne) Prop€rty ilner {Address and unil #} Naples, FL 34109 PS Regrefully, due lo my work obligations. I am not able to attend the above referenced me€tings in person. Thus, I am a3king Livingston Lakes Board Members to enter my objeslim inlo lh€ reord Sincorely, -- https://m a il. google.co m/mail/u/0?ik=a f 8 ac368 3 9&view= pt&search...%3A16554 89 634216416473&simpt=msg-f%3416 S54B 96 34 216416473&mb= 1 .gr, ; LvrNcsToNI LerEs Page 1 of 2 i i r-t_ t r.. 9.A.6 Packet Pg. 87 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) - i+-Gmail - Re: objection to proposed Rezoning - vacant Land in F!.ont of our community 2020-01-13,12:29 PM Board of oireclors Livingston Lakos Condominium Association, lnc. Managed by: Cardinal Managomcnt Grcup of Florida. tnc. Page 2 of 2 I ..:J https://mail'google'com/maiuu/0?ik=af8ac36839&view=pt&search...%3A1655489634216416473&simpl=msg-f%3A165548963 4216416473&mb=1 your subscrLptions to these email You may modiry requesl so vra 9.A.6 Packet Pg. 88 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Gmail - Re: ob,ection lo Proposed Rezoning - vacant Land in Front of our community M Gma:' Re: Objection to Proposed Rezoning - Vacant Land in Front of our Community George Wlson <gwilz2000@gmail.com> To: Ezio Traunero <ezio.livtngstonlakes@gmail.com> Cc: Alysia Testa <alysiatesta@gmail,mm>, Joseph Capriotti <joe@capriandassociates.com> 2020-01-13, 12:32 PM Sat, Jan 1 'l . 2020 at 12 50 m, reasons (tist). Attachments wo;lct subport the Executive Summary tetter The news -media appieciates communications that are concise, bullitized, clear and neutral. A short cover tetter, iike the boards executive summary, might be included in a follow-up newspaper article or editorial. On Fri, Jan 'l O, 2020 at 8:OO PM Ezio Traunero <ezic.lrvingstolliakes@gmail ccm> wrote: Hi George Take a look at the excellent response by Brian Tninking of using this as the cover lettei to the 1 ) petition (1o be signed at the clubhouse) and 2) all other letters that lve receive What are your thoughts. Ezio Traunero Livingston Lakes @mmuniu - Boad Member Naples, Florida e-mail: e:io !;v;rlEstcnlaiSes@g.f'-t-adEsSl P: 647-260-0876 TF: 1-800-367-9793 exl224 ---- Forwarded message ----- From: Brian D. Fuhro <cii.jnro@toitrolar/.com> Date: Fri, Jan 10,2020 al7:24 PM Subjecl: RE: Objection to Proposed Rezoning - Vacant Land in Front of our Community To: Livingston Lakes Board <board(A:livingsloniakescondo.cltn> Cc: Cyncty Fuhro <',.1,r)dyf]119@gnlail com> Guys and Gals: See my response constiluting a measured tirade to this ridiculoLls and "shoe horned' land use application. I will review with my wife. Cyndy, before flnal. Please advise lf the tone and substance is acceptable for the Board to read or submit for the record. Regards. Brian D. Fuhro, Esq. Ilrian I). Fuhro, Esq.. l.l,Cl Altomys *t Lru' 3q Mountain Vie!ry EouievarC ri6yne, New Jersey 0;47067-l I 197-1r (8r;1000 https://mail.google.com/mail/u/o?ik=af8ac36839&view=pt&search...%3416554551757647A5459&simpl=rn59-1%3A1655455175764765459&mb=1 page 1 of 3 [.rvtirt;sr0N Llrcs 9.A.6 Packet Pg. 89 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Draft; Also, attach to this draft a petition, of as many homeowners as possible, their signature expressing disagreement with the zoning change. Hand deliver a communication to each zoning member at the future hearing on this proposed change. From BOD Livingston Lakes Sub.iect; potential zoning changes, North Naples The board of directors of the Livingston Lakes Homeowners Association has formal positions on two zoning changes that immediately impact our community as each borders our property line. The Board of Livingston Lakes approves of rezoning of Parcel 00000 which is on lmmokalee Rd. We are in agreement with the proposed use as an auto dealership because it's use is in harmony with adjacent commercial properties, has integrated plans for site traffic to existing trafiic control systems, a significant buffer of nature preserue and lake water preserve will remain, the architecture is less than three stories and lighting (as proposed) is not invasive to neighbors. a a The Board of Livingston Lakes disapproves of a proposed zoning change of Parcel 0000001 because 1) there is not a structure within 200 yards of the entire length of Livingston Road that exceeds two stories and this proposed building would be a proverbial architectural monstrosity, destroying the parkway like experience of Livingston Road. 2) Aerial maps depict a significant and randomly situated natural lake/ponds on the property rendering proposed site construction as topographically invasive and destructive. 3) Rush hour traffic now is chaotic at the intersection of lmmokalee and Livingston. The intersection is now past peak design and another curb-cut would only foster increased anarchy creating not only traffic flow issues but could seriously affect pedestrian safety. & orge 9.A.6 Packet Pg. 90 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) Ite Notice of Ohjection to the Proposed Rezoning Collier County Planning Commission antl Board of Countv'Commissioners Reference: PL20 I 80002453 Project: KASE NIPLID Property Location: East side of Livingston Road (north), approx. % mile south of Imokalee Road in Section 30, Township 48 South, Range 26 East Dear Livingston Lakes Board Members: T'he purpose of this e-mail is to express my complete and urrqtralified objection ro the proposed application ref'erettced above filed with the Colliet County Planninggommission to amend the appropriate zoning atlas map by changing the zoning classification ofthe Propertl.' identified abore {iom a Rural Agricultrua[ (A) zoning district to a lvlixed LIse Planned Unit Development ( MPUI)) zoning district. This Propertf is located adjacent to and in some parts. in liont ol our Livingston Lakes communit,v. The Propertl'' is presently- wooded and adjacent to a natural lake located on and at the fiont of our community properry. A change in zoning classification and use, coupled rvith a project of this nragnitude attd scope, u,ill certahty jeopardizethe,natural state of the surrounding lands and adjacenl lake and create additional stress on these sensitive environnrental areas that w'e. as an association corlrnunity, are obligated to,recogniry_ axd presen'e. The buft'crs ancl preserve areas depicted in tlre "KASE PtlD Conceptual Mastcr Plan" prepired b1" DE Davidson Engineering indicale only the minimum preserve requirement (0.16 u.rei) *ill be provided for and met. constituting appro.ximately 2.19h of the Property. Notably this minimum preserve requirement will be sourced.in I.09 acres of exiting onsite native vegetation. F'urther. it is unclear u,hat effect, if arr,v. this Prbiect will lrave on u,ater shed management and control- as rvell as. the etl'ect on the safe and elficient ingress and egress ol residen-ces to and ti'om the [,ivingston Lakes communily. On a persoual note. the proxirnitl" of tlris Pro.iect (and size and scope of the "Developmental Area") to our Livingston Lake community, as depicted in the Master Plan. ivill certainl-v- change forever the overall naturalstate and greatly impact the look. the t-eel and worth of our beautilul conrmunity. When rvc' purchased our residence. a significant consideration was the natural surroundings and serenity ofthis Livingston Lakes community, afforded by the zoning and use classitication of the surrounding properties. Moreover. \ve are certain rve are not alone ad tSat most of our neiglrbors in the l-ivingston Lakes community relied upon these same consideratiolts in purchasing their residences. Approval of a change in zoning classification. coupled with the concentrated density in use of this Properry by the construction of 76 residential d*ellings or 212 grollp housing units lpossiblyconsisting of -i or 4 storv buildings) in such close proximity to our t,ivingsbn Lakes cornmurity u'ould certainly restrict our bargained lbr use and enjoymelt of our residence from the time of purchase. as well as. diminish the l'air market value of our residences to the benefit of the 9.A.6 Packet Pg. 91 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) applicantiinvestor at oru unforeseen expense. Notably' we have not seen any land use or buildings ol'lhis heiglrt so close to the public roadway or in other conrmunities on Livingston Rd. Finalll,', it is uncertain the effect a Project of this scope rvill have on the traffic patters north and south of Livingston Road. Any- nerv constructic-ru vuill zrdd even lnore chaos to the alreerdl, heav-v traflic on Livingston Road ancl the Immokalee Road intersection especiall_v- during rush hour "rith motorists trying to access I -75. The addition of the "Seecl to f'able" retail establishment on thc- north east side of this intersection has contributed to additional stress to this intersection. This situation intensifles substantially during "season" and becomes even more dangerous to rnotorists. Please submit rn1' E-rnail to the appropriate authorities during the Collier Counry Planning Conrmission and Board of CounS'Commissioners meetings. 'fhese Conrmissions. consisting of nrembers of our overall conununity. must be made aware of the efi-ect this Project w'ill have upon the adjacent lands ard our Livingston Lakes community. Regrettull.v. ive witl be unable to attend the abore ret'erenced meetiugs in person. -['hus. I arn asking Livingston Lakes Board Members to read and enter our objection into the record. Respectfulll'', Brian D. Fuhro Property owners: l5l4l Palmer Lake Circle Unit 103 n'aples. FI- 34109 C-vnthia l:uhro ;,iii:, I I ,i I i i , 9.A.6 Packet Pg. 92 Attachment: Objection Letters - Attachment E (11192 : KASE MPUD) I{D I WESNESDAY. FEBRUARY 5,3O2O r HAPLES DAITY HEWS HONCE OF PUBUC HEAHNG NOTICE OF INTENT TO CONSIDER AN ORDIITIAHCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on February 25, 2020, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCQ will con- sider the enactment of a County Ordinance. The meeting will (ommen(e at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD CIF COUNTY COMMISsIONERS OF COLLIER COUNTY, FLORIDA AMEHDING ORDINANCE NUM. BER 2OO4-41, A5 AMENDED, THE COLLIER COUNTY ISND DE. VELOPMENT. CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONs FOR THE UNINCORPORATED AREA OF COLLIER COUNTY. FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HERE1N DESCRIBED REAL PROPERTY FROM A RURA.L AGRICULTURAL (A} ZONING DISTRICT TO A MIXED USE PIANNED UNIT DEVELOPidEI*IT (MPUD) ZONING DI5TRICT FOR THE PROJECT TO BE KNOWN AS KASE MPUD, TO ALLOW FOR CONSTRUCTION OF A MA}TIMUM OF 76 RESIDEN- TIAL DWELLING UNIT5 OR 212 GROUP HOUSING UNITS FOR 5E. HIORs, CIN PROPERTY LOCATED ON THE EAsT SIDE OF UVII-IGSTON ROAD, APPROXIMATELY ONE QUARTER MILE 5OUTH OF IMMOKALEE ROAD IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. CONSISTING OF 7.58* ACRES; AND BYpRovtDrNG AN EFFECTTVE DATE. [P120:80002453] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must reoister wiih the Countv manader orior to'oresentation of the aq-enda item to be addrLssed. individual spbakers will be limit- ei to 3 minutes on any item. The selectiori of any individual to speak qn b€half of ar organization or grggp js ehcorqaged" lf recognieed.-by thg Chairman, a spokespers-on for a group or or' ganiiatioh niiy be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included ln th;-B;;rd igeriaa pacflts must sub-mit said material a minimum of 3 weeks -prior tb the respective public hearing ln any caseof 3 weeks praor to the respecttve publlc nearlng. ln any case, written matbrials intended to be considered bv the Board shall be submitted to the'appropriate County staff a minimur seven days prior to the public hearing. All materials used in )v rne uoaro snail rff a minimum of seven days prior to the public hearing. All materials used in pfe- sentatioris before the Board will become a pelrnanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that - a verbatim record of the proceedings if made, which record includes the testimony and Lvidence upon which the appeal is based. lf you are a person with a disability who needs any accommoda- tidn in ordei to participate in this- proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Cdllier County-Facilities Management Division, locat- ed at 3335 Tamiami Trail-East, Suite 101, Naples, FL 341t2-5356, (239) 252-8380, at least two days prior to the meeting. Assisted iisteninq devicls for the hearing'impaired are availSble in the Board o-f County Commissioners Office. BOARD OF COUNTY COMMISS]ONERS COLLIER COUNTY, FLORIDA BURT L SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK OF THE TROLLER CIRCUIT COURT & COMP. By: Teresa Cannon Deputy Clerk (5EAL) Pub Date: February S, 201,!jt4028856 " , -_ - 9.A.7 Packet Pg. 93 Attachment: Legal Ad - Agenda ID 11192 (11192 : KASE MPUD) Co e•r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252.6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME To be completed by staff 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. Name of Property Owner(s): APPLICANT CONTACT INFORMATION William A. Donovan, Patricia Donovan Granados Name of Applicant if different than owner: Andrew Saluan Address: 4980 Tamiami Trail N, Suite 201 City: Naples Telephone: 239-596-9500 Cell: E -Mail Address: andrew@ajsrealtygroup.com Name of Agent: Anna Ritenour, Senior Planner Firm: Davidson Engineering, Inc. Address: 4365 Radio Rd, Suite 201 City: Naples Telephone: 239.434.6060 Cell: E -Mail Address: anna@davidsonengineering.com State: FL Fax: ZIP: 34103 State: FL Zip: 34104 Fax: Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Additional agent: Clay Brooker, Cheffy Passidomo, PA Address: 821 5th Ave S, Naples, FL 34102 Telephone: 239-261-9300 Email: ccbrooker@napleslaw.com July 30, 2018 Page i of 11 Cot Y County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: A9,'Cullwe(A) Zoning district(s) to the MPUD Present Use of the Property: vacant zoning district(s). Proposed Use (or range of uses) of the property: Original PUD Name: N/A Ordinance No.: N/A Residential OR Assisted Living Facility 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: so as /2s Lot: Block: Subdivision: N/A Metes & Bounds Description: See attached survey & Legal Description Plat Book: Page #: Property I.D. Number: 00196920007 Size of Property: varies ft.x varies ft.= 326,700 Total Sq. Ft. Acres: 7_5 Address/ General Location of Subject Property: south of Immokalee Rd east of Livingston Road, approx. 1/4 mile PUD District (refer to LDC subsection 2.03.06 C): ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial July 30, 2018 Page 2 of 11 Cod1r er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252.6358 ADJACENT ZONING AND LAND USE 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 Required: List all registered Home Owner 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: Livingston Lakes - CMG Florida Mailing Address: 4670 Cardinal way, suite 302 City: Naples State: FL ZIP: 34112 Name of Homeowner Association: Bermuda Palms Condominium Association - c/o Ability Management Mailing Address: 6736 Lone Oak Blvd City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: July 30, 2018 Page 3 of 11 Zoning Land Use N PUD Multifamily Residential - April Circle PUD and Eboli PUD S PUD Livingston Lakes PUD E PUD Livingston Lakes PUD W Livingston Road ROW 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 Required: List all registered Home Owner 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: Livingston Lakes - CMG Florida Mailing Address: 4670 Cardinal way, suite 302 City: Naples State: FL ZIP: 34112 Name of Homeowner Association: Bermuda Palms Condominium Association - c/o Ability Management Mailing Address: 6736 Lone Oak Blvd City: Naples State: FL ZIP: 34109 Name of Homeowner Association: Mailing Address: Name of Homeowner Association: City: State: ZIP: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: July 30, 2018 Page 3 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier¢ov.net Collier County EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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. July 30, 2018 Page 4 of 11 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239)252-6358 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? No 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. or the Aammistrative l.oae Tor the NIM proceoural 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 suppiy amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "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 subiect to the then current code. July 30, 2018 Page 5 of 11 Coi[ier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ❑ Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 ❑ School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5`^ and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Anna Ritenour Printed named of signing party 5/20/2019 Date July 30, 2018 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION (,William A. Donovan (print name), swear or affirm under oath, that I am the (choose one): The owner X applicant _contract purchaser_ and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l authorizeAiS Realty Group, Inc.to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare'that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Printed Name STATE OF -F mokol COUNTY OF CCA,V%4I The foregoing instrument was sworn to (or affirmed) and subscribed before me on 11 (date) by tri, iaLm llvcwa-v\ (name of person 1providing oath or affirmation), as who is personally known tome or who has produced ((tt) a oaf '�,, ntlficantion s identification. 'LV\V&YS� Z7,0Z.6U ibUwela6g ��P.uqy Sand. i UU;s SlwwoD AA ip pit= STAMP/SEAL Z pyyZ Mu,"SSiwwo� __. __ Signature Notary Public [011W'd Aiu]UN'eyuuld 10 ale1S =, : vZV`JU 31NVHd31S ` t`' AFFIDAVIT OF AUTHORIZATION I, Patricia Donovan Granados (print name), swear or affirm under oath, that I am the (choose one): The owner X applicant _ contract purchaser _ and that: 1, I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize AJS `Realty Group, Inc. to act as our/my representative. in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the propiosddr submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief, and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. *]Votes: • Ifthe applicant is a corporation, then it is usually executed by the corp. pies. or v pies. • Ifthe applicant is a Limited Liabilily Company (L.L.C.) or Limited Company (L.C.), then the doetanents shwdd lypically be .signed by the Company's 'Managing Member '• • Ifthe applicant is a partnership, then typically a partnercan .sign ort behalf ofthe par'tners'hip. • If the applicant is a limited porimuship, then the general partner most sign and be identified cis the "general pailner'" ofthe named partnership. • Ifthe applicant is a Dust, then they must include the trustees name and the words "as unstee ". • In each instance. first determine the applicant s status, e.g., tndividua( corporate, Mist, partnership, and then use the appropriate jormatfor that ownership. Under penalties of perjury, I deda m that I have read the foregoing Affidavit of Authorization and that the facts slated in it ate hnc. ;nature STATE OF COUNTY OF Printed Name A� I «.+ i VO IA-^! &'06f '0°S The foregoing instrument was sworn to (or affirmed) and subscribed before me on _�_ 2 2019 (date) by 11. Y v{ � l 'IC4 S (name of person providing oath or affirmation), as 114" P,1, I., r- _who is personally known to me or who has produced WACLjr,-row{ DC (type of identification) as identification. r i�R 2' S L 7 C_ oS S STAMP/SEAL Signature of Notary Public DisW of Columbla: 88 Swom two and subsa W bdM M on, .the' day t k2-31-7 7 MyyCOW-A"lya, Eq*W z7 AFFIDAVIT OF AUTHORIZATION I, Andrew Saluan (print name), of A1S Realty Group. Inc., (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner _ applicant contract purchaser X and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the reference property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/I authorize Davidson Engineering, Inc. to act as our/my representative in any matters regarding this petition including 1 through 2 above. 6. Applicant is the owner of the property described herein and which is the subject matter of the proposed submittal; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of Applicant's knowledge and belief; and that if Applicant is not providing an attorney's opinion of title, that the information Applicant provided to the surveyor is sufficient to prepare an accurate boundary survey for this application, and is honest and true to the best of Applicant's knowledge and belief. 7. Applicant understands that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed, shall not be altered. Applicant further understands that if Public Hearings are required, they will not be advertised until this application is deemed complete, and all required information has been submitted. 'Nates: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or limited Company (L.C.), then the documents should typically be signed by the company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in It are true. Signatures /. / STATE OF . ,r 10 r l c/ cti COUNTY OF rtt,.l A I Kan Printed Name The foregoing instrument was sworn to (or affirmed) and subscribed before mean �J f �(d�b A &14)A F_Lc ' ] f1Ak. 0A W (name of person providing oath or affirmation), as Pf It, JJ..k who is Oersonally known to m?, (type of identification) as identification. STAMP/SEAL amn% CMOLLBRUNDAGE Sfgnature o Notary Public CommMlon It GG 130176 w- ExplmsAuMII,2021 -•�•P(,t1` - Boded ThrvTmr rain lumm$0, 5.7019 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX (239) 252-5724 ADDRESSING CHECKLIST Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be signed by Addressina Dersonnel prior to ore-aoolication meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑� PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy of lengthy description maybe attached) see attached survey for legal description Sao T48 P26 FOLIO (Property ID) NUMBER(s) of above (attach to, orassociate with, legal description if more than one) 00196920007 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) PROPOSED PROJECT NAME (if applicable) KASE MPUD PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # cor coHnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239)252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Return Approved Checklist By:❑ Email ❑ Fax ❑ Personally picked up Applicant Name: Anna Weaver, Davidson Engineering Phone: 239-434-6060 Email/Fax: anna@davidsonengineering.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 00196920007 Folio Number Folio Number Folio Number Folio Number Folio Number Approved by:, Updated by:_ 11/19/2018 IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Collier County Property Appraiser Property Summary Parcel No 00196920007 Site Site City Address Name / Address DONOVAN, WILLIAM A PATRICIA DONOVAN GRANADOS 2937 GILFORD WAY City NAPLES Map No. Strap No. 3830 000100 004 03830 State FL Section Township Range 30 48 26 Site Zone *Note Zip 34119-7523 Acres *Estimated 6.41 Legal 30 48 26 N1/2 OF NW1/4 OF SW1/4 OF NW1/4 AND N1/2 OF S1/2 OF NW1/4 OF SW1/4 OF NWl/4; LESS W, N & E 30 FT Millage Area O 47 Millage Rates O *Calculations Sub./Condo 100 - ACREAGE HEADER School Other Total Use Code O 99 - ACREAGE NOT ZONED AGRICULTURAL 5.122 5.8384 10.9604 Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book -Page Amount L/29/17 5466-1165 $ 0 02/04/09 4426-2542 $ 0 03/03/06 3991-3701 $ 0 02/13/02 2980-3257 $ 100 06/27/97 2326-2113 $ 0 12/21/92 1780-2357 $ 7,500 04/01/92 1701-753 $ 0 11/01/89 1481-1288 $ 148,000 2017 Certified Tax Roll (Subject to Change) Land Value $ 426,400 (+) Improved Value $ 0 (_) Market Value $ 426,400. (-) 10% Cap $ 35,960 (_) Assessed Value $ 390,440 (_) School Taxable Value $ 426,400 (_) Taxable Value $ 390,440 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 6/27/2018 Print Map 2004. Collier County Properly 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. http://maps.collierappraiser.com/mapprint.aspx?pag etitle=&ori ent=LANDS CAPE&pa per=L ETTER&m i nX=409071.346711609&minY=703668.9311987... 1/1 9S3i3i ° £d r BERMUDA PALMS.ACONDOMINUM IH iie qq T� IUFeaMv,,.r,f.¢,IDI V �, Oz 3 ,,.�. Neruv>w avmc� w� °C"ter"0'x i�Ei= L_ENeu IG nro¢ rvownex ,rte=x I. i oraernwn,,wxsuruaw,n,n GENER NOTES wcuae¢ I I .wwawimn. w¢w �' ��o M u,v rmru 8 wrausa,r ! BENCHMARK R eiaAmN=ua W &9 ✓ '� • m�v xmir.nrn ,»_w,ecr M¢.ma......o. q� i GB .w,...x v, LFw�YW II :Oy � {� SCM"ON,o LEGAL O—i— O REQ �'� 8 ES yGN xM W O€y0 a9;C W Sn I rauaux¢w.wear.rrNwxN,ar¢,o.,¢mu=i�rt[roptx m 0 WpW aaecr,or!s¢uwn.uumrnwswoxuwn�wss sevum Y0uu�%m zSWaag 7�nWWN F£WF£ mg<FC •• .x,xomxmn,x.or, cwxn uvw wxvew,.n.wWw egg AR1p1 1g111 'RXFB s+van.0 °5jg it erv,q Stl'YM'E B565PIs� u�O� ,wv,x $2iq�'S .I..¢u E� EEF6 M1 UMNGSTONN S, MASTERGOUNDOMINGUM¢A SSOQAMON xocmurtnwwcunnwrrcruhwmsawxv ZZ ,wNv $k m-ya a m3A W5z UWUA Q a �.Y ¢,axwwaxwwmwuuwxnuav �€ INSTR 5575821 OR 5524 PG 3993 RECORDED 6/22/2018 1:30 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $27.00 This instrument was prepared without review or opinion of title and after Recording Return to: William J. Dempsey Cheffy Passidomo 821 Fifth Avenue South Naples, Florida 34102 (239) 261-9300 Tax Identification No. 00196920007 Consideration Paid: $None. Note: This Corrective Deed ha recorded in Official Records B Collier County, Florida, Publi the Grantor dissolved corpo Section 607.1405, Florida Stat i and directors of the Grantor the Grantee Trustee. (Space above this line for recording data) Quit C eed 've in or er t : i. Correct the Quit Claim Deeds 1165 d cial Re ord Book 5496, Page 792, both of the ope ty described herein on behalf of ti n v it h i g up f their affairs in accordance with I as c mgl b n ec ted and delivered by all officers ii. c tatutory trust powers in favor of This Corrective Claim Dee i ® e this 2-I S day of �nG 2018, by CO WEALTH ASSO OF NAPLES, INC., a dissolved Florida corporation, and COMM H INV q PROPERTIES, INC., n dissolved Florida corporation, hereinafter collect 1 \rr or", whose post office address is c% Jack Brugger, Esquire, 600 5th Avenue South — Sul es, Florida 34102, to JOHN N. BRUGGER, AS TRUSTEE OF THE LIVINGSTON ROAD LAND TRUST DATED DECEMBER 29,2017,* "Grantee", whose post office address is 600 5" Avenue South — Suite 207, Naples, Florida 34102. (Whenever used herein the leans "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said Grantee, and Grantee's heirs and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described land, situated, lying and being in Collier County, Florida to - wit: The North 1/2 of the Northwest 114 of the Southwest 1/4 of the Northwest 1/4; AND the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4, Section 30, Township 48 South, Range 26 East, Collier County, Florida. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever, including [12123-000512771387/1) Paget of3 INSTR 567976Z OR 5603 PG 1848 E -RECORDED 3/4/2019 8:44 AM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC 527.00 This instrument was prepared without review or opinion of title and after Recording Return to: William J. Dempsey Chefry Passidomo 821 Fifth Avenue South Naples, Florida 34102 (239)261.9300 Tax Identification No. 00196920007 Consideration Paid: $None (Space above this line for recording data) Quit Claim Deed Note: Documentary stamp taxes have been paid In connection with the deed of even dale herewith from John N. Brugger, individually and as Trustee of the Livingston Road Land Trust Dated December 29, 2017, to Grantees, and no consideration has been paid In connection with this Deed. This Quit Claim Deed is [Wade this /j �LL ay of 2018, by COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Floridakorporation, and COMMONWEALTH INVESTMENT PROPERTIES, INC., a dissolved Florida corporation, hereinafter collectively called the "Grantor", whose post office address is c/o Jack Brugger, Esquire, 600 5' Avenue South — Suite 207, Naples, Florida 34102, to WILLIAM A. DONOVAN and PATRICIA DONOVAN GRANADOS, "Grantee", whose post office address is 2937 Gilford Way, Naples, Florida 34119-7523. (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said Grantee, and Grantee's heirs and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described land, situated, lying and being in Collier County, Florida to - wit: North 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4; AND the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4, Section 30, Township 48 South, Range 26 East, Collier County, Florida. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever, including without limitation any tangible and intangible property or property rights, development rights, licenses, permits, and appurtenances of any type whatsoever. [12123-010512771387111 Page 1 of 3 OR 5603 PG 1849 In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealcd and delivered GRANTOR: in our presence: COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Florida corporation, and COMMONWEALTH INVESTMENT PROPERTIES, INC., a dissolved Florida corporation By: Aiaa Roderick A. i cLeod, as President, Vice President, Treasurer, and sole Director of both Grantor corporations STATE OF ) SS COUNTY OF04&—i�` ) The foregoing instrument was acknowledged and witnessed before me this day of 2018, by Roderick A. MacLeod, as President, Vice President, Treasurer, and sole Director o COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Florida corpora n, and COMMONWEALTH INVESTMENT PROPERTIES, INC., a dissolved Florida corporation, w o ;& nerennallyknown to me or produced as identification. I am a co ssio ed not public of the State of �. and my commission expires on % �� 02 0/ [SEAL] My Commission Expires: [12123-0005/277138711[ Page 2 of 3 *** OR 5603 PG 1850 *** Signed, sealed and delivered in our presence: Witness Name: LIm1or G, Witnes Name: GRANTOR: COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Florida corporation, and COMMONWEALTH INVESTMENT PROPERTIES, INC., a dissolved Florida corporation By: v John ®rcorp Grantorations STATE OF SS COUNTY OF aQ11Z- ) The foregoing instrument was acknowledged and witnessed before me this _LV day of , 2018, by John N. Brugger, as Secretary of COMMONWEALTH ASSOCIATES OF NAPLE INC., a dissolved Florida corporation, and COMMONWEALTH INVESTMENT PROPER IES, INC., a dissolved Florida corporation, who is personally known to me or produced as identification. I am a con nissi led nota public of the State of on [SEAL] -o i 30 : .*C50 30zo`�� N. MFF 246227 to My [12123-0005/2771387111 Page 3 of 3 and my commission expires Expires: MWUUIPLf VVVWJU9 4L 3/4/2019 8:44:20 AM C-- Crystal K. Kinzel Clerk of the Circuit Court and Comptroller f f '� Customer Deputy Clerk Clerk Office Location Auri Burnham Leslie M. Rocco Collier County Govt. Center SIMPLIFILE LC leslie.rocco@collierclerk.com Building LA, 2nd Floor 5072 N 300 W 239-252-7242 3315 Tamiami Trl E Ste 102 PROVO, LIT 84604-5652 Naples, Florida 34112-4901 2 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Deed 5678761 5603 1846 $718.50 Consideration: $100,000.00, 100% Applied Deed 5678762 5603 1848 $27.70 TOTAL AMOUNT DUE $746.20 Deposit Account#: S-41050 ($746.20) BALANCE DUE $0.00 Note: 3/4/2019 8:44:20 AM Leslie M. Rocco: Batch Name: 151650 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and assess or refund charges as needed. C(A'DerMork ocom Page 1of1 INSTR 5678761 OR 5603 PG 1846 E—RECORDED 3/4/2019 8:44 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $700.00 REC $18.50 CONS $100,000.00 C This instrument was prepared without review or opinion of title and after Recording Return to: William J. Dempsey Chetfy Passidomo 821 Fifth Avenue South Naples, Florida 34102 (239)261-9300 Tax Identification No. 00196920007 Consideration Paid: $100,000.00 (Space above this line for recording data) Quit Claim Deed This Quit Claim Deed is made this � day of I " , M 2018, by JOHN N. BRUGGER, INDIVIDUALLY AND AS TRUSTEE OF THE LIVINGSTON ROAD LAND TRUST DATED DECEMBER 29, 2017, hereinafter called the "Grantor", whose post office address is c/o Jack Brugger, Esquire, 600 51 Avenue South — Suite 207, Naples, Florida 34102, to WILLIAM A. DONOVAN and PATRICIA DONOVAN GRANADOS, "Grantee", whose post office address is 2937 Gilford Way, Naples, Florida 34119-7523. (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees.) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said Grantee, and Grantee's heirs and assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described land, situated, lying and being in Collier County, Florida to - wit: North 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4; AND the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4, Section 30, Township 48 South, Range 26 East, Collier County, Florida. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of the said Grantee forever, including without limitation any tangible and intangiblc property or property rights, development rights, licenses, permits, and appurtenances of any type whatsoever. [12123-0005/2771387111 Page I of 2 *** OR 5603 PG 1847 *** In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year fust above written. Signed, sealed and delivered in our presence: STATE OF ) / ) SS COUNTY01(fa&z&r ) JOHN N. B?1U9GER, INDIVIDUALLY AND AS RUSTEE OF THE LIVINGSTON ROAD LAND TRUST DATED DECEMBER 29, 2017 The foregoing instrument was acknowledged and witnessed before me this % day of 2018, by JOHN N. BRUGGER, INDIVIDUALLY AND AS TRUSTEE OF THE LIVIN ON ROAD LAND TRUST DATED DECEMBER 29, 2017, who is personally known to _Ma or produced as identification. I am a c issioued notary public of the State of , and my commission expires On i (SEAL) 0 4,30, 2pj9 MFF 246227.0 Q [12123-5005/2771357111 Page 2 of 2 MVC WIF Lt UUUWJ0Y4L 3/4/2019 8:44:20 AM Crystal K. Kinzel Clerk of the Circuit Court and Comptroller � II 0ff0o C o�0 H,G 0o o 0 if f10. J Customer Deputy Clerk Clerk Office Location Auri Burnham Leslie M. Rocco Collier County Govt. Center SIMPLIFILE LC leslie.rocco@collierclerk.com Building LA, 2nd Floor 5072 N 300 W 239-252-7242 3315 Tamiami Tri E Ste 102 PROVO, LIT 84604-5652 Naples, Florida 34112-4901 2 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Deed 5678761 5603 1846 $718.50 Consideration: $100,000.00, 100% Applied Deed 5678762 Note: 3/4/2019 8:44:20 AM Leslie M. Rocco: Batch Name: 151650 5603 1848 $27.70 TOTAL AMOUNT DUE $746.20 Deposit Account#: S-41050 ($746.20) BALANCE DUE $0.00 ;claimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to cess or refund charges as needed. Coo Ho rC hor xanmir Page 1of1 OR 5524 PG 3994 without limitation any tangible and intangible property or property rights, development rights, licenses, permits, and appurtenances of any type whatsoever. * The Trustee shall have the power and authority to protect, to conserve, to sell, to lease, to encumber, or otherwise to manage and dispose of the real property described herein in accordance with Section 689.071(3), Florida Statutes, without the consent or joinder of any person or entity, including without limitation any beneficiaries, co -trustees, or representatives of the Livingston Road Land Trust dated December 29, 2017, and no person or entity shall have any obligation to inquire regarding the power and authority of the Trustee to execute and delivery this deed. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and deliveredR: in our presence: �y�R OtJ CO ALTH ASSOCIATES OF �O NAPLES, ., dissolved Florida o tion,. d OMMONWEALTH VES MEN P OPERTIES, INC., a Witness Name S 0 v O 1 c rporation n_ en k acLeod, as President, Witness Name: V# e Treasurer, and sole Dire c th Grantor corporations STATE OP jCOUNTY OF SS CLR The foregoing instrument was acknowledged and witnessed before me this Z�st–day of XQ—y\e— . 2018. by Roderick A. MacLeod, as President, Vice President, Treasurer, and sole Director of COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Florida corporation, and fONVVEAtTI VESTMENT PROPERTIES, INC., a dissolved Florida corporation, w o is personally known to produced as identification. 1 am a commissioned notary public of the State of and my commission expires on J�1!;§, IY.2ot8 . [SEAL] r:7+•tYyr., MARIAROSE t MY COMMISSION 0 GG 084781 EXPIRES: July 18, 2021 7T, Notary Pu, Wdnv0 Notary Public Printed Name: Mc -1 " P—C-S C - My Commission Expires: JJ In- t 8 , 202 I 112123-000512771387111 Page 2 of 3 *** OR 5524 PG 3995 *** Signed, sealed and delivered in our presence: Witness Name. �2a\ ��1e's0e1N Witness Name STATE OF��- COUNTY OF Co k\ % C--' Thr, --foregoing instrument J�nG ,2018, by, OF NAPLES, INC., a disso PROPERTIES, INC., a diss as I am a commissioned notary public on .1 k!g. tQ, Zort [SEAL] GRANTOR: COMMONWEALTH ASSOCIATES OF NAPLES, INC., a dissolved Florida corporation, and COMMONWEALTH INVE NT PROPERTIES, INC., a disso cd FI rAa corporation By: Brugger, as Secretary of both corporations me this ` nt day of VEALTH ASSOCIATES or produced State of and my commission expires 1 �tE cIRC� Notary Public Printed Name: ,�M yyhz, MARIAROSE Myr y COMMISSION 0 GG 084781 s EXPIRES•JUIy18,2021 `•i;<U; I�o,o 5,M Th,No'ay PuWUndaiw L [12123-0005/2771387111 Page 3 of 3 My Commission Expires: j `' ): 12/ Z� ZI Cower county COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov,net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known asboo alturhmmd'A•rorlegal daecdpdon (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for mixoduw planned unit development (M PUD) zoning. We hereby designate DayWwn Eneln"mii, Inc legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly In the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan Including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative Identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even If the property is subsequently sold In whole or in part, unless and until a new or amended covenant of unified control Is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be Incorporated Into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant Is In force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project Is brought Into compliance with all terms, conditions and safeguards of the planned unit development. Owner Owner WMam A Donovan Patricia Donovan Gran*doe Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Printed Name Sworn to (or affirmed) and subscribed before me this Z01' day of mAI C f' . 2019 by ffVau=:° n� f'ATRrc[A 0r 'Jo who is personally known to me or has produced Dc D,+v Orr++s LrcL„ x _ as Identification. E'eAN q nD / rrr�4,,aCc� %JP%%Dt1EY �.-* '' bI �: 6Auc Notary Public i O '• v � U Name ( typed, printed or stamped) d, r `�t�,rtryQti : O July 30, 2018•ot, `per 444\ i Page 8 of 11 leo 4D STATE OF ) COUNTY OF ) sworn to (or affirmed) and subscribed before me this day of, 2019 by Patricia Donovan Granados, who is personally known to me or has produced as identification. Notary Public (Name typed, printed or stamped) EXHIBIT "A" LEGAL DESCRIPTION The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4; AND the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4. Section 30, Township 48 South, Range 26 East, Collier County, Florida. COLDER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colllereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as see adachmem A'forlegaldescription (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for mModuse planned unit development (M PUD) zoning. We hereby designate Dovidson Engineering, Inc, legal representative thereof, as the legal representatives of the property and as such, these Individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist In the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant In connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even If the property Is subsequently sold In whole or in part, unless and until a new or amended covenant of unified control Is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated Into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant Is In force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not Issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all termc conditions and safeguards of the planned unit development. Owner Owner William A. Donovan Palddo Donovon Granodos Printed Name Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) n (, Sworn to (or affirmed) and subscribed before me this `� �t day of tL la v (J� 2019 by wllllam A. Donovan who is personally known to me or has produced LL, I a -L s identification. CNotory Public UU (Name typed, printed or stamped) July 30, 2018 p,;,,, STEPHANIE OGAZA Page 8of11 o r: Slain of Ronda Nolary Public r.ommiss�pn # GG 25648s .�6F My Comm', Dn Exp d- Seplember 09, 2022 STATEOF ) COUNTY OF ) Sworn to (or affirmed) and subscribed before me this day of, 2019 by Patricia Donovan Granados, who is personally known to me or has produced as identification. Notary Public (Name typed, printed or stamped) EXHIBIT "A" LEGAL DESCRIPTION The North 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4; AND the North 1/2 of the South 1/2 of the Northwest 1/4 of the Southwest 1/4 of the Northwest 1/4, Section 30, Township 48 South, Range 26 East, Collier County, Florida. Vacant Land Contract FLORIDA ASSOCIATION OF REALTORS® 1' 1, SaleandRIh g irii n ., n.Nriria Donovan Granados ('Seller") 2• and Andrew J Saluan or assionee ("Buyer") 3 (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Properly") 4 described as: Ai 10 11• SEC 38 liWP!8 /RNG?a of Cciii� County, Florida. Real Property ID No.:aoises2ooa7 12• including all improvements existing on the Property and the following additional property: all tangible s 13 ^ham^gih7n 32 Ln=^rty dwv nvmant rights. licenses. Pemmits 6 appurtenances. 144 2. Purchase Price: (U.S. cunency)......................................................................................... $ XXXXXXXXXX Is All deposits will be made payable to "Escrow Agent" named below and held in escrow by: 16" Escrow Agent's Name: CRE"T PASSIDOMO P.A. 17• Escrow Agent's Contact Person: WILL DPNWSEY 16• Escrow Agent's Address: 921 5TH AVE SOUTH. NAPLES. rL 34102 19• Escrow Agent's Phone: ,(2322261-9300 (239) 261-9884 20• Escrow Agent's Ema)I'widewPseV napleslaw co 2/ (a) Initial deposit ($0 if left blank) (Check if applicable) 22' ❑ accompanies otter 23' 2 will be delivered to Escrow Agent within 3 days (3 days if left blank) 24• after Effective Date..............................................................................................................$ $0,000.00 25 (b) Additional deposit to be delivered to Escrow Agent (Check N applicable) 2e• [)within N/A days (10 days if left blank) after Effective Date 27' d within N/A days (3 days 9 left blank) after expiration of Feasibility Study Period......... $ 26' (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .................. $ 29• (d)Other: NONE $ 30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations) 31 • to be paid at closing by wire transfer or other Collected funds ........................................... $ _XXXXXXXX (f) ❑ (8elRpleie-enty-iFea•wiil-be-detertelFled•besed etre ¢eFdni# eesEtins{ea� wwti..Isad.iw.Frara .ipa.ai, n1Fu nAAFeneaeeFa.4aeFnmkeA(5eeeiwv 3e 3. Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 39• delivered to all parties on or before February 17, 2017 , this offer will be withdrawn and Buyer's deposit, if 40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is 41 delivered. The "Effective Date" of this contract Is the date on which the last one of the Seller and Buyer 42 has signed or Initiated and delivered this offer or the final counter offer. 43• 4. Closing Dale: This transaction will close on PER ADDENDUM ("Closing Date"), unless specifically 44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including, 45 but not limited to, Financing and Feasibility Study periods. However, if the Closing Date occurs on a Saturday, 46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business 47 day. In the event Insurance underwriting is suspended on Closing Date and Buyer Is unable to obtain property 48 insurance, Buyer may postpone closing for up to 5 days after the Insurance underwriting suspension is lifted. If 49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 51) other Items. ll{` 1� john /tt fjl �, buyer (qL,) (Z1__) ad Se11ar1) {'7-) ) adn!owleage receipt of a copy or tn!s page. which G 1 at 7 pages. VAC -10 Rev. 6/14 © Florida Association of RaaltomS odyPm,d.m rA. m 7M An 5"� Nda FL Nim vmc(319Iwinw Fe SALVAN WiIG"n Mp,sY PnACtl �e,z� RDM iir�Gp JaUMF111ss,MLAOO.Fe r.Y 12WA9 'bv.kNG¢ijmn 51 52• W 64: 69 6s 6: b9 go 69 644 6c1' ca 64 s5 r>a~ s;< ea se va 4 72 �a �s 46 vs 7a• AF W aV_ ar as 64 all= a� a' ea 5. Financing: (Check as applicable) (a) EM Buyer will pay cash for the Property with no (b) [IT -his aeniFe-, IS contingency. rotdieiec --- f}) ❑ of 9; a! (a) ❑ ❑tet teBaws i5 ❑fired ❑et# i 14__Fe ez,p 9; Whlleh ❑ wig as' 6. Assignability: (Check one) Buyer ❑ may assign and thereby be releas 90• contract, 0 may assign but not be released from liability under this contrac 9v 7. Title: Seller has the legal capacity to and will convey marketable title to 92• deed ❑ special warranty deed ❑ other (specify) 93 and encumbrances of record or known to Seller, but subject to property t2 94 restrictions, and public utility easements of record; existing zoning and I 95, other matters to which title will be subject) West 30' right of way. 96 provided there exists at closing no violation of the foregoing. 97 (a) Tltfe Evidence: The party who pays for the owners title insurance F 90 pay for the title search, including tax and lion search if performed, and 1 99 Buyer, at fool (Check one) ❑Seller's ® Buyer's expense and tot' (Check one) ® within 15 days after Effective Date ❑ at least _ 102 (Check one) 103' (1} ®a title insurance commitment by a Florida licensed title Insui 104 discharged by Seller at or before closing and, upon Buyer record 109 amount of the purchase price for fee simple title subject only to thl 106 paying for the owner's title insurance policy and Seller has an own 107 Buyer within 15 days after Effective Date. VAC-1Buyer( �) i i' 11 `'� sdfer ) ( t�'I\advlOwledgg recelpl of a ropy of thfs page, w VAC -10 R®v. ar14 W.4rs ', ��Iy(,J ' Rosana wim xlpFo IBM Been l.Qa And. Frogs, Wdggn 45M 2 d from any further liability under this or E) may not assign this contract. he Property by ® statutory warranty free of Ilens, easements, as for the year of closing; covenants, vernmental regulations; and (list any Icy will select the closing agent and other fees charged by closing agent. days before Closing Date, r setting forth those matters to be g the deed, an owner's policy In the exceptions stated above. If Buyer is 's policy, Seiler will deliver a copy to Is 2 of ) pages. ® Florida Asucladon of Roairorsa aat&ffiV SALUAN. 10a' (2) ❑ an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an log existing firm. However, if such an abstract is not available to Seller, then a prior owners title policy Ile acceptable to the proposed Insurer as a base for relssuance of coverage may be used. The prior policy 111 will Include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy 112 effective dale and certified to Buyer or Buyer's closing agent together with copies of all documents 113 recited in the prior policy and in the update. if such an abstract or prior policy Is not available to Seller, 114 then (1) above will be the title evidence. 115' (b) Thle Examination: After receipt of the title evidence, Buyer will, within is days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable to 117 to Buyer If (1) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and 118' Seller cures the defects within 30 days (30 days it left blank) ("Cure Period") after receipt of the notice. If 119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer of notice i2o of such cure. Seller may elect not to cure defects 'lf Seller reasonably believes any defect cannot be cured 121 within the Cure Period. if the defects are not cured within the Cure Period, Buyer will have 10 days after 122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept 123 title subject to existing defects and close the transaction without reduction in purchase price. 124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to 125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any 126 encroachments on the Property, encroachments by the Property's Improvements on other lands, or deed 127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a 128 title defect and Sellers and Buyer's obligations will be determined in accordance with Paragraph 7(b). 129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. 130 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as is" condition, with 131 conditions resulting from Buyers Inspections and casualty damage, if any, excepted. Seller will not engage in or 132 permit any activity that would materially alter the Property's condition without the Buyers prior written consent. 133 (a) Inspections: (Check (1) or (2)) 134' (1)0 Feasibility Study: Buyer will, at Buyer's expense and within 90 days (30 days if lett blank) 135 ("Feasibility Study Period') after Effective Date and in Buyers sole and absolute discretion, determine 136 whether the Property Is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer 137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and 138 Investigations ("Inspectfons") that Buyer deems necessary to determine to Buyer's satisfaction the 139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions; 140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 141 consistency with local, state, and regional growth management plans; availability of permits, government 142 approvals, and licenses; and other Inspections that Buyer deems appropriate. If the Property must be 143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all 144 documents Buyer Is required to file In connection with development or rezoning approvals. Seller gives 145 Buyer, Its agents, contractors, and assigns, the right to enter the Property at any time during the 146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its 147 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk. Buyer will 148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature, 149 including attorneys' fees, expenses, and liability Incurred In application for rezoning or related 160 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any 151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien 152 being filed against the Property without Seller's prior written consent. If this transaction does not close, 153 Buyer will, at Buyer's expense, (t) repair all damages to the Property resulting from the Inspections and 154 return the Property to the condition It was In before conducting the Inspections and (11) release to Seller 155 all reports and other work generated as a result of the Inspections. t56 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seiler of Buyer's 157 determination of whether or not the Property Is acceptable. Buyer's failure to comply with this notice 153 requirement will constitute acceptance of the Property as suitable for Buyer's Intended use in Its "as Is" 159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to 160 Seiler, this contract will be deemed terminated, and Buyer's deposit(s) will be returned. 161• (2)❑No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, Including 162 being satisfied that either public sewerage and water are available to the Property or the Property will be 163 approved for the installation of a well and/or private sewerage disposal system and that existing zoning Buyer( Ri' ) ( } t' � rut Seller (ft) ( acknowledge receipt of a copy of this page, which Is 3 of 7 pages. VAC -10 Rev.B714 �,(j�f� 3 J:+/77 0FloddeAssociation ofReaBors® n�emm dprv„s 1eoA mA."n Mb Hord, Rwc Mtin4e" 1Be� awns+ x 6ALVAN - 154 and other pertinent regulations and restrictions, such as subdivision or deed restrictions, concurrency, 165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not 165 contingent on Buyer conducting any further investigations. 157 (b) Government Regulations: Changes In government regulations and levels of service which affect Buyer's 168 Intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has 169 expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government 171 agencies which flood zone the Property is in, whether flood insurance Is required, and what restrictions apply 172 to improving the Property and rebuilding in the event of casualty. 173 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as 174 defined in Section 161.053, Florida Statutes, Salter will provide Buyer with an affidavit or survey as required 175 by law delineating the line's location on the Property, unless Buyer waives this requirement In writing. The 176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that 177 govern coastal property, Includng delineation of the CCCL, rigid coastal protection structures, beach 178 nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida 179 Department of Environmental Protection, including whether there are significant erosion conditions associated leo with the shore line of the Property being purchased. 181 • ❑ Buyer walves the right to receive a CCCL affidavit or survey. 182 9. Closing Procedure; Costs: Closing will lake place in the county where the Property Is located and may be lea conducted by mail or electronic means. If title Insurance insures Buyer for title defects arising between the title 1B4 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds 185 to Seller (in local cashiers check if Sailer requests in writing at least 5 days before closing) and brokerage fees to las Broker as per Paragraph 19. In addition to other expenses provided In this contract, Sailer and Buyer will pay the 187 costs Indicated below. 188 (a) Seller Costs: 189 Taxes on the deed Iso Recording fees for documents needed to cure title 191 Title evidence (if applicable under Paragraph 7) 192• Other: 193 (b) Buyer Costs: 194 Taxes and recording fees on notes and mortgages 195 Recording fees on the deed and financing statements 198 Loan expenses 197 Title evidence (if applicable under Paragraph 7) 198 Lenders title policy at the simultaneous Issue rate 199 Inspections 200 Survey 201 Insurance 202• Other: Feasibility Study Expenses 203 (c) Proration: The following Items will be made current and prorated as of the day before Closing Dale: real 204 estate taxes (including special benefit tax liens imposed by a CDD), Interest, bonds, assessments, leases, 205 and other Property expenses and revenues. if taxes and assessments for the current year cannot be los determined, the previous years rates will be used with adjustment for any exemptions. 207 (d) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller 208 will pay (1) the full amount of liens that are certified, confirmed, and ratified before closing and (ti) the amount los of the last estimate of the assessment if an Improvement is substantially completed as of Effective Date but 210 has not resulted in a lien before closing; and Buyer will pay all other amounts. If special assessments may be 211• paid In Installments, ® Seller ❑ Buyer (Buyer if left blank) will pay installments due after closing. If Seiler is 212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not Include a 213 Homeowners' or Condominium Association. 214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY iN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN 218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT 219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION. Buyer (�i ) �' —1-1) and p,elie, li'V4 ) ( acknowledge receipt of a mpy of this page, which Is 4 or 7 pages. VAC -10 Rev. 8/14 m Roddy Association of ReallwsO Rork�d w�+bFor6y a1 IEP70 FdIr,AW Fbed Prefer, A¢rAlpti Yl� rw .ra6�1, $ALUAN- M (f) Foreign Investment In Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined by 221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at 222 closing. 223 (g)1031 Exchange; if either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 224 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will 225 cooperate in all reasonable respects to effectuate the Exchange Including executing documents, provided, 226 however, that the cooperating party will Incur no liability or cost related to the Exchange and that the closing 227 will not be contingent upon, extended, or delayed by the Exchange. 22e 10. Computation of Time: Calendar days will be used when computing time periods, except gme periods of 5 days 229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal 230 holidays specified in 5 U.S.C, 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday 231 will extend unfit 5:00 P.M. (where the Property is located) of the next business day. Time Is of the essence In 232 this contract. W/;0 StrGhLJ��j 233 11. Risk of Loss; Eminent Domain: If an r7/rte ti y portion of the Property is materially dammer! dy casu ity before closing 234 or Seller negotiates with a governmental authority to transfer all or part of the Property In fieu Of eminent domain 235 proceedings or an eminent domain proceeding Is initiated, Seller will promptly inform Buyer. Either party may 236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification, 237 and Buyer's deposit(s) will be returned, falling which Buyer will close In accordance with this contract and 238 receive all payments made by the governmental authority or insurance company, If any. 239 12. Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to 240 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or 241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes, 242 earthquakes, floods, fire, unusual transportation delays, wars, Insurrections, and any other cause not reasonably 243 within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party Is 244 unable in whole or in part to prevent or overcome. All time periods, Including Closing Date, will be extended for 245 the period that the act of God or force majeure is in place. However, in the event that such act of God or force 246 majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to 247 the other, and Buyer's deposit(s) will be returned. 24e 13. Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or 249 electronic means. Buyer's failure to timely deliver written notice to Seiler, when such notice is required by 250 this contract, regarding any contingency will render that contingency null and void, and this contract will 251 be construed as it the contingency did not exist. Any notice, document, or Item delivered to or received 252 by an attorney or licensee (Including a transactions broker) representing a party will be as effective as If 253 delivered to or received by that party. 2s4 14. Complete Agreement; Persons Bound: This contract Is the entire agreement between Seller and Buyer. 255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker 256 unless Incorporated Into this contract. Modifications of this contract will not be binding unless in writing, signed 257 or Initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding. This 258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications 259 communicated electronically or an paper will be acceptable for all purposes, Including delivery, and will be 260 binding. Handwritten or typewritten terms Inserted In or attached to this contract prevail over preprinted terms. If 261 any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be 262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract. 263 This contract will not be recorded In any public record. The terms "Seller," "Buyer," and "Broker" may be singular 264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if 265 permitted, of Seller, Buyer, and Broker. 266 15. Default and Dispute Resolution; This contract will be construed under Florida law. This Paragraph will survive 267 closing or termination of this contract. 268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer 269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting azo from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee. Buyer (9!• ) i I 1 )and Siler &V6-) ( \,t\)lknowleGpe receipt of a copy of this page, which Is 5 of 7 pages. VAC -10 Rev. 804 U,�q Jj :z�v>/�f 0 Rorida Asaoclallon of Realtor38 Pro Im Wl pPonbbyfwai* Ia07p FNlenfneam4. Fatwr, AYl,bN I9lQ8 ww. mm 9ALUAN. 272 (b) Buyer Default: If Buyer falls, neglects, or refuses to perform Buyer's obligations under this contract, 273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the 274 deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, 275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer 876 will be relieved from all further obligations under this contract ' , 2; 27a % Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 279 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 260 upon proper authorization and In accordance with Florida law and the terms of this contract, Including disbursing 291 brokerage fees. "Collection" or "Collected" means arty checks tendered or received have become actually and 2112 finally collected and deposited In the account of Agent. The parties agree that Agent will not be liable to any 263 person for misdalivery of escrowed Items to Seller or Buyer, unless the misdelivery Is due to Agent's wliffu' 284 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay 285 the filing fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the 286 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. 287 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 288 that are important to them and to consult an appropriate professional for legal advice (for example, Interpreting leg this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 290 reporting requirements, the effect of property lying partially or totally seaward of the COOL, etc.) and for tax, 291 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 292 In the Property and that all representations (oral, written, or otherwise) by Broker are based on Seller 293 representations or public records. Buyer agrees to rely solely on Seiler, professional Inspectors, and 294 government agencies for verification of the Property condition and facts that materially affect Property 295 value. Seller and Buyer respectively will pay sit costs and expenses, including reasonable attorneys' fees at all 296 levels, Incurred by Broker and Broker's officers, directors, agents, and employees In connection with or arising 297 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 296 harmless and release Broker and Brokers officers, directors, agents, and employees from all liability for loss or 299 damage based on (i) Seller's or Buyer's misstatement or failure to perform contractual obligations; (it) the use or 300 display of listing data by third parties, including, but not limited to, photographs, Images, graphics, video 301 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (ill) Brokers 302 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 303 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor; (iv) 304 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 305 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 306 Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract. 307 This Paragraph will survive closing. 3o8 18. Commercial Real Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by 309 Section 475.701, Florida Statutes, the following disclosure will apply: The Florida Commercial Real Estate Sales 310 Commission Lien Act provides that when a broker has earned a commission by performing licensed services 311 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the 312 brokers commission. The broker's lien rights under the act cannot be walved before the commission Is earned. 313 19. Brokers: The brokers named below are collectively referred to as 'Broker,' Instruction to closing agent: 314 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified In 315 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 316 extent Broker has retained such fees from the escrowed funds. This Paragraph will not be used to modify any 317 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker_ 316' (a)_ Jonathan Richards / The LIHTC Group, Inc (Seller's Broker) 319' will be compensated by ® Seller ❑ Buyer ❑ both parties pursuant to 15 a listing agreement ❑ other 320• (specify): 321' (b) Andrew J. Saluan/AJS Realty Group Inc (Buyer's Broker) 322' will be compensated by []Seller ❑Buyer ®Seller's Broker pursuant to ®a MLS offer of 323• compensation (:]other (specify): Buyer ( _) 11 �) and Seller ) ( — acknowledge recelpt of a Copy of Ihls page, which Is 6 or 7 pages. VAG-10 Rev,15114 l ql > ® Florida Association of Rsahos® Fi=de h WzIpL* latae nNwn MW R%W. F"me.. WJipn � iso JiQLQQW,00M SALUAN - 324. 20. AdditionalTerms:See Attached Addendum to Contract the terms of which are 325 incorporated herein by referr ce 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 This Is Intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before 342 signing. 343' Buyer: 344' Print na. 345' Buyer: 346' Print name: 347 Buyer's address for purpose of notice: Date: _ J Date: 348' Address: 4960 Tamiami Tr. N. #201 Naples FL 34103-2849 349- Phone: (239)596-9500 Fax: (239)529-3932 E-mail:andrew@aiorealtyaroup.com 35o' Seller:_///B/�..•r, �)�. � Date:P417Z/�7 _ 351' Print namsLWiliiam A. Donovan 352' Seller. 353' Print name: Patricia Donovan Granados 354 Seller's address for purpose of notice: 355' Address: 356' Phone: 357• Effective Dale: 358 final offer or counter offer.) Fax: Date: yf r}! try^ (The date on which the last party signed or Initialed and delivered the Florida Assccfedon of REALTORS® and local BoardlAssociallm of REALTORS® make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. Thia standarlIzod form should not be used In complex transactions or with extanslve riders or additions. This form Is available for use by the enure real estate Industry and Is not Intended to Idandty the user as a REALTOR& REALTOR®Is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS® and who subscribe to He Code of Ethics The copyright laws of the United States (17 U.S. Coda) forbid the unauthorized reproduction of blank forms by any means Including facslmtie or computerized forms. ,� A 11 ti - Buyer ( ) (�) and Seller (W) 4A acknowledge receiptof VAr-10 Rev. 8114 a copy py of this page, which 7 of 7 pages. 0 Florida Assadatbn of Reflhors® Pnri W Mth zlFPome try zl V% Im7e R4wa Mb ru4 Fina, Mdi(pn Neta v zbL lot a sALUAN- ADDENDUM TO VACANT LAND CONTRACT THIS ADDENDUM is entered into this�_' day of February, 2017, by and between Andrew J. Saluan or assignee ('Buyer'), and William A. Donovan and Patricia Donovan Cranados (collectively "Seller")- The Seller"). The terms of this Addendum are incorporated by referenced into that certain Vacant Land Contract of even date herewith (the "Contract") for the purchase and sale of the real property bearing Collier County Parcel I.D. No. 00196920007, and the terms stated in this Addendum shall control over any conflicting terms contained in the Contract. Defined terms set forth in this Addendum, as indicated by initial capitalization, shall have the meaning attributed to them in the Contract unless otherwise defined herein. I. CLOSING. Closing shall occur thirty (30) days after Buyer has obtained the Development Approvals (hereinafter defined). 2. ADDITIONAL RIGHTS AND PERSONAL PROPERTY INCLUDED. The Property includes the following: a. All strips and gores of land lying adjacent to the Property and owned by Seller, together with all easements, privileges, rights-of-way, riparian and other water rights, lands underlying any adjacent streets or roads, and appurtenances pertaining to or accruing to the benefit of the Property, and owned by Seller. b. All deposits, licenses, permits, authorizations, approvals and contract rights pertaining to ownership, operation, or development of the Property, including without limitation all leases, service contracts, options, concession agreements, licenses, permits and approvals (including any previously paid permit, impact, or governmental Fees), site plans, construction plans, water, sewer, paving and drainage plans, surveys; and any rights, judgments, or choses in action, to the extent that same may lawfully be transferred by Seller. c. Any and all improvements to the Property, including any and all landscaping, signage, driveway areas, water and sewer lines, sewer lift station(s) and drainage structures, if any, and all of Seller's right, title and interest, if any, in any oil, gas or mineral rights, covenants, restrictions, riparian rights, together with any and all general intangible rights benefiting or affecting the Property. d. Any and all unexpired warranties or guaranties provided by manufacturers or service providers who have provided services, materials, equipment, or labor to or for the benefit of the Property and any improvements constructed thereon. 3. DEVELOPMENT AND PERMIT APPLICATIONS. Buyer may apply for such permits and governmental approvals, licenses, development orders, and entitlements for the Property as may be necessary for Buyer's intended development of the Property for multi -family residential use with no less than sixty (60) residential units, including without limitation PUD rezone, comprehensive plan amendment, final site plan, and United Slates Army Corps of Engineers and South Florida Water Management District permits (collectively the "Development Approvals" or each a "Development Approval"), Seller agrees to reasonably cooperate with Buyer in submitting each Development Application, including executing applications, affidavits, and related documents required of the applicable permitting authority to process the related Development Application; provided, however, that Seller shall not be required to incur any expense in so cooperating with Buyer. Buyer shall have a period ending nine (9) months after expiration of the Feasibility Study Period within which to obtain the Development Approvals (the "Approval Period"). Buyer shall make a diligent and good faith effort to secure the Development Approvals; provided, however that Buyer shall not be obligated to accept or agree to any materially adverse condition, imposition, exaction, imposed by any governmental, regulatory, or permitting authority in connection with the Development Approvals. In the event Buyer has not secured f 12123-OW42657573 1] n one or more Development Approvals by the end of the Approval Period, Buyer shall have the option of either: i. Terminating the Contract and receiving an immediate refund of the Deposit; or ii. Extending the Approval Period by ninety (90) days; or iii. Proceeding to Closing, in which case the Closing Date shall be thirty (30) days after the Approval Period. In the event Buyer exercises the right to extend the Approval Period and has not secured one or more Development Approvals by the end of the extended Approval Period, Buyer shall have the option of either: i. Terminating the Contract and receiving an immediate refund of the Deposit; or ii. Proceeding to Closing, in which case the Closing Date shall be 30 days after the extended Approval Period. Buyer shall exercise each of the foregoing options by delivering written notice to Seller before expiration of the Approval Period or the extended Approval Period, as applicable. 4. REPRESENTATIONS AND WARRANTIES. Seller hereby makes each of the following representations and warranties to Buyer, all of which shall be true as of the Closing Date and all which shall survive Closing: a. Seller has no knowledge of any actions, suits, claims, demands or proceedings of any kind or nature, legal or equitable, affecting the Property or any portion thereof, and that there are no liens, special assessments, easements, reservations, restrictions, covenants or encumbrances other than matters of public record affecting the Property; b. There are no other persons or entities known to or claiming through the Seller who have any rights to acquire the Property or have any rights or claims therein or thereto or for any portion thereof except as may appear ofpublic record; c. There are no unrecorded state or federal tax liens, claims or demands against the Seller which constitute or will constitute a lien against the Property; d. To the best of Seller's knowledge, there does not exist on, above, or under the Property any Hazardous Material, and neither Seller, nor any other person has ever caused or permitted any Hazardous Materials to be placed, held, located or disposed of, on, under or at the Property or any part thereof. Seller has received no notice of the existence of any Hazardous Materials on the Property. For purposes hereof, "Hazardous Materials" shall mean any substance the presence of which is prohibited by any governmental rule, law, or ordinance and any other substance which by any governmental requirement requires special handling in its collection, storage, treatment or disposal. e. Seller has received no notice related to the Property of any violation of any local, state or federal rule, law or ordinance, including but not limited to any zoning, fire, building or health codes. 5. EXECUTION AND TRANSMITTAL. transmitted by facsimile and in counterparts, and considered an original for all purposes. SELLER: Wjiliam A. Donovan I (��G"-5v;i.-�._ Patricia Donovan Granados Date x_7/!1 (1212MW4N57573/1) The Contract and this Addendum may be executed and each such counterpart and/or facsimile copy shall be BUYER: 1 Andrew J. Saluan 7 Date i COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 14 Co [ier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. 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. Please complete the following, use additional sheets if necessary. 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 William Donovan, Patricia Donovan Granados 100 2937 Gilford Way Naples, FL 34119 b. If the property is owned by a CORPORATION list the officers and stockholders and the iercentage 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 UI III LCI Cbl.: I Name and Address I % of Ownershin I Created 9/28/2017 Page 1 of 3 C.00 er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP list the name of the e f E general and/or limited partners: Name and Address % of Ownership 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 QTICers, STOCKnoiaers, oeneTlcla nes, Ur Pd1Lriers: Name and Address % of Ownership Andrew Saluan or assignee 100 Date of Contract: 2/17/2017 If any contingency clause or contract terms involve additional parties, list all individuals or of Date subject property acquired ❑ Leased: Term of lease i, ur Lr UNL: Name and Address years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Date of option: Date option terminates: Anticipated closing date: Collier County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 or AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Agent/Owner Signature Anna Ritenour Agent/Owner Name (please print) Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 5/20/2019 Date Created 9/28/2017 Page 3 of 3 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier¢ov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST I APPLICANT CONTACT INFORMATION I Name of Applicant(s): Andrew Saluan, AJS Realty Group Address: 4980 Tamiami Trail North, Suite 201 City: Naples State: FL Telephone: 239-596-9500 Cell: E -Mail Address: andrewCa)ajsrealtygroup.com Address of Subject Property (If available): n/a City: Naples State: FL ZIP: PROPERTY INFORMATION Section/Township/Range: 30 1/48 1126 Lot: Block: Subdivision: Fax: Metes & Bounds Description: see attached survey and legal description Plat Book: Page #: Property I.D. Number: 00196920007 ZIP: 34103 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility Systemx❑ b. City Utility System ❑ C. Franchised Utility System F-1ProvideName: Norm county water Reclamation Facility d. Package Treatment Plant ❑ (GPD Capacity): 24.1 MGD e. Septic Svstem n TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility Systemx❑ b. City Utility System ❑ C. Franchised Utility System F-1ProvideName; North County Regional Water Treatment Plant d. Private System (Well) ❑ Total Population to be Served: 212 Beds (Assisted Living Facility) Peak and Average Daily Demands: A. Water -Peak: 46,078 GPD Average Daily: 34,132 GPD B. Sewer -Peak: 32,913 GPD Average Daily: 24,980 GPD If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: January 1 at, 2022 July 30, 2018 Page 6 of 11 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400FAX: (239) 252-6358 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. See attached LOS 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. Acknowledged 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. July 30, 2018 Page 7 of 11 PIPER BLVD I IMMOKALEE RD., 1 L^ n . I .. rn Z - I LEGEND " YIL , O SUBJECT PROPERTY: ±7.58 ACRES V • ` . �; 5�+� �'/ , e• SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS(20.78) PT 0365 RADIO PT DE PLANNING DE SUITE 201 PROJECT: KASE MPUD CLIENT: AJS REALTY EXHIBIT DESC: AERIAL MAP NAPLES, FL 34104 239-0�60611: DAVIDSON Ff 33S-0346064 LOCATIONP: Collier COUOIY NOTES: ENGINEERING CELEBRATING to YEARS Z Z O PIPER BLVD F_ J 1 LEGEND O SUBJECT PROPERTY= t7.58 acres ZONING - A - CPUD PUD RSF-3 COLLIER COUNTY GEOGRAPHIC INFOI JUNTY GROWTH MANAGEMENT DEPT. O J 0] z 2 IMMOKALEE RD CLIENT: AJS REALTY EXHIBIT DESC: SURROUNDING ZONING MAP NOTES: 800 N CELEBRATING YEARS I I I o-zory �evnrm. DEPT PROJECT: KASE MPUD DEPLANNING 4365 RADIO ROAD BUTTE 301 NAPLES, FL 64106 LOCATION: DAVIDSON r IT GINEERTNG FR39J3d668d Collier County O J 0] z 2 IMMOKALEE RD CLIENT: AJS REALTY EXHIBIT DESC: SURROUNDING ZONING MAP NOTES: 800 N CELEBRATING YEARS I I I o-zory �evnrm. v z F F, . 17, ULI 3 m 0 O N J ZZ1 Z 0 LU 0 PIPER BLVD z f' m J Q I J G IMMOKALEE RD w I k 1 ' o- Y U Z z W 0 W K Z W Z2J LEGEND Q SUBJECT PROPERTY: ±7.58 AC FLUE DESIGNATIONS Urban Residential Subdistrict Interchange Activity Center Subdistrict C3ResidentialDensity Bands N SOURCES: COLLIER COUNTY GEOGRAPHIC INFORMATION SYSTEMS (2018), 0 700 1 COLLIER COUNTY GROWTH MANAGEMENT DEPT. Fee( PLANNING DEPT PROJECT: KASE MPUD CLIENT: AJS REALTY EXHIBIT DESC: SURROUNDING FUTURE LAND USE MAP 0365 RADIO ROAD DE SUITE 201 NAPLES, FL 34100 LOCATION. DAVIDS F: 239.13"094 I Collier County NOTES! CELEilRniING YEARS oa. s...a:.rsrsoie au u.o.m. ' PLANNING DEPT 44 4365 "DIG ROAD _ ILA f: ! SUITE 201 NAPLES, FL 36104 DAVIDSON F. 239.43 084 L N c. UI r r a n G ESTABLISHED PROJECT: KASE MPUD PL20180002453 LOCATION: Collier County CLIENT: AJS REALTY EXHIBIT OESC: SURROUNDING PUBLIC FACILITIES MAP NOTES: � �'�. BERMUDA :ALM6, 'C�ONOOMWUM Im V 11�F• kk I 4 a•.�. § s.:,a r.atl SSamrsl 88ti13� 4 � �rwwm.v..m LEGEND S a R R riorenn.c IA.cnou xximz rEuwro ew.m..x . umrtrp[ gra § ¢ B 5f GENERAL NOTES wcu p wacnv'gmrwxrw wne[mi5 .wwwcouxrv. acwu a mm5usau €sa xz5uurmmec N-1 Sol" NG? ;S3 BENCHMARKN. fms vnu, cy rH rz ma.,w°��xS M $ 'boy ,x5oxn,r.,xa� ,.,.,Ew,»sna�mmmn5r.. gg3 Zu€ £c INCEGW pp IEGP OESCRPMON w .i9 wj n mm mx.w amuo5mw .cw a —U' n ID w 6JR G S Jnr.or..r�a..5w�.c,«m.womm«..,ox:or �wcw p w$ o ?LLos� �.g:86 o i �. ,.wxwxxrw.T�x.w xxxmEmEwT.�INEx ��gUR cuuxn.ruvu d R 74 �� $�{yw �.w^x[ HB'SStlSE B58Btllq u�pW SN'SYVYE 5585PI51 # u�3 FORRTTHEEBBEENNEERTOF UMNGSTONLAKES, MASTERCOONOOOMMUMmAS�SOCWTION xommmramxeeunnwr�rarurcxmzam,r �N 2 w5 -CC 8 yam If I �� c�iwcoi_��;3 aw5wa—N.Nm�w.w ,axxnwmw aE �� x DAVIDSON ATTACHMENT "A" LEGAL DESCRIPTION THE NORTH %2 OF THE NORTHWEST % OF THE SOUTHWEST Y4 OF THE NORTHWEST %; AND THE NORTH Y22 OF THE SOUTH %2 OF THE NORTHWEST Y4 OF THE SOUTHWEST Y4 OF THE NORTHWEST Y4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 330,124 SQUARE FEET OR 7.58 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. KASE MPUD— PUDZ PL20180002453 May 20, 2019 1 www.davidsonengineering.com DE DAVIDSON ATTACHMENT "Brr NARRATIVE AND EVALUATION CRITERIA The purpose of this Planned Unit Development Rezone (PUDZ) application is to rezone approximately ± 7.5 -acres from Agriculture (A) to Mixed Use Planned Unit Development (MPUD) to allow for the development of multifamily residential or group housing. The KASE MPUD development will be limited by a maximum of 78 unadjusted two-way, PM peak hour trips; allowing for maximum projected trips generated by either multifamily residential or group housing. The PUD Master Plan, included as Exhibit C to the PUD Document, is the binding document to be recorded with the PUD ordinance. Additional concepts have also been included in this submittal as Attachment D as a reference for the difference between a potential multifamily development and a group housing development. These are conceptual only and should not be considered for recording as part of the PUD Master Plan. The following criteria have been addressed by the applicant to evaluate the proposed MPUD: PUD Application Criteria 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 subject ±7.5 -acre property is located on the east side of Livingston Road. This PUD rezone restricts the intensity of the proposed project by trips, therefore limiting the development of the site. The site is bound to the north, east and south by multifamily residential developments within PUD zoning. Directly to the west is Livingston Road with additional multifamily developed to the west of the right -of --way. There is also an assisted living facility developed on the west side of Livingston Road with approval for 83 ALF units and 276 multifamily/ILF units. Please refer to the Level of Service Analysis (Attachment C) and Traffic Impact Statement included in the submittal for additional information on the compatibility of this proposed MPUD. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Response: William A. Donovan and Patricia Donovan Granados are the current property owners of the subject properties and have authorized AJS Realty Group to act as applicant for approval of the MPUD. Evidence of unified control has been submitted by the applicant, who will be responsible for the provision and maintenance of all facilities on-site, with no expense to the public. 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 KASE MPUD - PUDZ PL20180002453 May 20, 2019 www.davidsonengineering.com �N DAVIDSON allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Response: The subject property is located within Urban Residential Subdistrict on the Future Land Use Map. It is also located within a Residential Density Band as it is within one mile of the 1-75 and Immokalee Road Interchange Activity Center. As stated in the Future Land Use Element of the Growth Management Plan, 'the purpose of this subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated." The maximum residential density proposed in the KASE MPUD is 10 dwelling units per acre. The GMP allows for 4 units per acre base density. A density bonus of 3 units per acre are requested based on the Residential Density Band provision of the FLUE. An additional density bonus of 3 units per acre are requested per the Residential Infill provision of the FLUE. Of the Residential Infill bonus credits, 1 unit per acre must be Transferred Development Rights, per the Residential Infill criteria. All other criteria will be met to allow for this density bonus. 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 MPUD has been designed to be compatible with adjacent developments. Exhibit C, the PUD Master Plan, indicates the preserve along the southeast corner of the site and landscape buffers around the property. All buffers will comply with the standards within the Land Development Code. In addition, all lighting will be Dark Skies Compliant to minimize glare onto adjacent developments. e. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The proposed development will meet or exceed the required open space in Mixed Use PUD projects. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Response: Please refer to the Transportation Impact Statement and Level of Service (Attach. C) prepared and included within this PUD rezone request. The development, as proposed, will not have a negative impact upon existing private and public facilities. g. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The subject property is surrounded by residential PUD development and is considered residential infill development. The approval of the KASE MPUD Ilvu`uf, PuI,/ l unu;auN ." 1v11, !0, J01'1 I'Xidvniwnl;i III in(;.( out DE DAVIDSON would allow for this infill and further expansion would not be possible outside of the proposed PUD boundary. 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 complies with all applicable regulations set forth within the MPUD Ordinance and the Collier County Land Development Code. Growth Management Plan, Future Land Use Element Provisions Policy 5.4: All applications and petitions for proposed development shall be consistent with this Growth Management Plan, as determined by the Board of County Commissioners. Response: The proposed KASE MPUD will be consistent with the Growth Management Plan as identified in the Master Plan, MPUD ordinance and supplemental application documents. Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. Response: As previously stated, the surrounding developments to the north, east and south are residential PUDs. To the west is Livingston Road and residential and community facilities. The subject property is approximately 7.5 acres and is considered infill development. The proposed residential or community facility uses in the KASE MPUD are compatible with the surrounding land uses. 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 proposed project will be developed with ingress/egress on Livingston Road, a six - lane divided arterial roadway, as identified in the Master Plan. 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. Response: The proposed KASE MPUD will allow for varying primary uses on a relatively small property. The land uses will either consist of residential or community facility, which would have extremely different circulation and operational needs. As a result of this, the Master Plan does not identify the exact location of the loop road. However, a loop KASE MPUD - PUDZ PL20180002453 May 20, 2019 www.davidsonengineering.com DE. DAVIDSON road within the site will be provided to allow for proper circulation and reduction of vehicle congestion, as noted on the Master Plan. 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. Response: The proposed site will connect to Livingston Road only. This is an infill development and there is no opportunity to connect to other surrounding developments. 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. Response: Through development of the site and coordination with Collier County Staff, this MPUD will comply with this provision. Criteria listed under LDC section 10.02.08: 1. Whether the proposed change will be consistent with the goals, objectives, policies, future land use map and elements of the Growth Management Plan. Response: The proposed KASE MPUD will be limited by trip generation to and from the site. By limiting development, the intensity of the project will have a limited impact on the surrounding community. The proposed land uses are consistent with the Growth Management Plan, as described in policies above. 2. The existing land use pattern. Response: The subject +7.5 acre is currently vacant and wooded with wetlands that are a result of historic agricultural uses dating back as early as 1973. Surrounding developments consist of residential multifamily and community facility. The proposed MPUD is complementary to the existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Response: As previously stated, the subject property is considered infill development consistent with surrounding land uses. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Response: The existing zoning on the subject property is Agriculture (A) which is not consistent or compatible with surrounding land uses. Rezoning the property to MPUD will provide consistency with the Growth Management Plan and surrounding development. KASE MPUD - PUDZ PL201800024', May 20, 2019 www.davidsonengineering.com DE DAVIDSON 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. Response: Over recent history of Collier County, the Livingston Road and Immokalee Road corridors, in addition to areas within 1 mile of 1-75, have been developed and this property has remained vacant. Approving the KASE MPUD will allow for infill development of increased density to this area of the Urban Residential Subdistrict, which is consistent with the GMP. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Response: This proposed MPUD will not adversely impact the surrounding 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. Response: The proposed KASE MPUD will not adversely impact the traffic flow of the surrounding area. The project's development will be limited by the number of trips, as described in the Traffic Impact Statement, attached. 8. Whether the proposed change will create a drainage problem. Response: Development of the subject property will comply with the water management standards of Collier County and the South Florida Water Management District, as applicable. Future development will be required to obtain stormwater management plan approval in order to develop the property. Preliminary analysis indicates that proposed development will function properly based on the applicable standards governing the property. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Response: The proposed development will not seriously reduce light and air to adjacent properties. All new lighting on the property will be Dark Skies Compliant to reduce glare toward neighboring properties. 10. Whether the proposed change will seriously affect property values in the adjacent area. Response: Although the topic of property values is a subjective issue, the applicant contends that the provision of the requested uses in this MPUD will bring value to the community at large. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. KASE MPUD - PUDZ PL20180002453 May 20, 2019 www.davidsonengineering.com t DAVIDSON Response: All surrounding property is currently developed and the proposed MPUD will not create a deterrent to improvement of these properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Response: On the contrary, similar developments have been approved and constructed adjacent to the north, south, east and west. No special privilege should arise from approving the proposed MSE MPUD. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Response: The subject property is currently zoned Agriculture (A) which is not consistent or compatible with the surrounding land uses. In addition, the 17.5 -acre property is not sufficient in size or landscape needed for an adequate or economical agricultural operation. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Response: Residential units and community facility units are both a need in Collier County and are consistent with surrounding land uses; therefore, the proposed MPUD is not out of scale with the needs of the area. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Response: The specificity of the proposed MPUD do not allow for other properties in this market area to be developed with this project. As an infill development, the subject property is the best possible location for this development. 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. Response: The subject property is currently vacant and mostly wooded. Full site development will be required for an improvement on the site. The proposed project will comply with all development standards, required by the MPUD ordinance and the LDC. 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 [Code ch. 106, art. II], as amended. Response: Upon review of the site development plan and building permit(s) applications, the site will comply with the level of service standards and capacities at the time of final approval. See Attachment C, the Level of Service Analysis as well. KASE MPUD- PUpZ PL20180002453 May 20,2019 L 1kI%% I. IJ ndiI<<, n f I I link -Cwn DE DAVIDSON 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. Response: Public health, safety and welfare will be preserved and protected with the development of the proposed MPUD. KASE MPUD - PUDZ PL20180002453 May 20, 2019 7 www.davidsonengineering.com DE ATTACHMENT "C" COMPARATIVE LEVEL OF SERVICE (LOS) ANALYSIS KASE MPUD is a proposed ±7.5 -acre project located in Section 30, Township 48, Range 26 of Collier County Florida. More specifically, the site is located on the east side of Livingston Road, about a quarter mile south of Immokalee Road. The proposed project will be rezoned from Agriculture (A) to Mixed use Planned Unit Development (MPUD). For this comparative analysis, the site will be conceptually developed to the maximum standards using the current project zoning and the proposed zoning. Summary for Existing Use: The existing project site is vacant. Summary for Proposed Change in Use: Multi -Family Residential 76 Units .n Assisted Living Facility 212 Units 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 Systems Sanitary Sewer Systems Solid Waste Disposal Facilities Parks and Recreation Facilities Public School Facilities Each of the areas will be examined for the development in this summary report. KASE MPUD- PU DZ PL20180002453 September 30, 2019 —31a submittal 1 www.davidsonengineering.com DE R, YI�DSON Arterial and Collector Roads See included Traffic Impact Statement for Level of Service. Surface Water Management Systems The site currently contains lakes that are not a part of an existing stormwater management system. During the time of any development order permitting, the site's storm water management system will be designed in accordance with LDC section 6.05.01. Potable Water and Sanitary Sewer Systems Potable water for the proposed site will be provided by Collier County Utilities. An existing 16" potable water main is available along the west side of Livingston Road. Potable water utility connection will be determined at the time of SDP permitting. Wastewater will be provided by Collier County Utilities. An existing 20" sanitary force main is located along the East side of Livingston Road. Wastewater utility connection will be determined at the time of SDP permitting. Please see the included Statement of Utility Provisions for proposed water and wastewater demands. Solid Waste Disposal Facilities According to the Collier County 2018 AUIR, currently there is an existing landfill capacity of 18,710,256 tons, and a ten-year landfill capacity requirement of 2,916,440 tons. The estimated life of the landfill is 51 years. This is adequate to accommodate additional tons per capita generated by the proposed project. Parks and Recreation Facilities Multi -family residential was used to determine the level of service for parks and recreations. Per the Collier County 2018 AUIR, there is a projected 2022/2023 surplus of 72.10 community park acres and 5.18 regional park acres. A population increase of approximately 190 (76 residential units x 2.5 people per household) people will require 0.23 community park acres (Level of service standard of 1.2 acres per 1,000 people) and 0.51 regional park acres (Level of service standard of 2.7 acres per 1,000 people) to maintain Collier County level of service standards. Additionally, the proposed development will have private amenities for residents that will reduce the impact to public park and recreational facilities. The level of service is not significantly or adversely impacted by the proposed build -out. Public School Facilities Multi -family residential was used to determine the level of service for public school facilities. The proposed development does not propose a significant increase in student population and will not have a significant or adverse impact on public school facilities. KASE MPUD - PUDZ PL20180002453 September 30, 2019— 3rd submittal 2 www.davidsonengineering.com DE DAVIDSON Fire and EMS Facilities The subject site is located within the North Collier Fire & Rescue District. For this analysis, assisted living facility was used to determine the level of service for Fire and EMS. The proposed assisted living facility proposes an insignificant population increase of 212 people and will not adversely impact fire and EMS facilities. The nearest fire/EMS station (station No. 42) is located at 70101mmokalee Rd., approximately 2 miles away from the subject site. KASE MPUD- PUDZ PL20180002453 September 30, 2019 —3'd submittal 3 www.davidsonengineering.com M FAR=OAS FAR PROVIDED =OA3 I I I , i in ii ii ii n ii ii iri STAMO wv. anon i I _ i I N i_ ___ I I I I I I I 5 Ili I I a Is F9tlOiLS I I PROPlV/O$TORY BIDO D (HS,iW3DFTI I iEx I' ' r ------ L -_ GARDEN j WITH I MAPDSCAPE LL I P• rHo I I I r Z DETENTION Mt I / / (O.n Acl � Wyk ge \ PRESERVE all �..�� — ��r�—v� 10.11 PARKING REOUIFE ENB: 2 OF r z 9 N Cy mz np O 0 ---------------I —----------------------------------------- II �IU ~— a IQ I I II'lo 10 11 12 II ril I I neo — _ I I I W I ' I I I of I I I I I I ' F I I j I I I LJ I I 3 4 �F PM IMG REQUIREMENTS: PMPMEDuDUSSauewawv 19 I II 1 �I I I I 1 I I I I I II II I I I 'I � II I I I I I ,a n AMENITY PRESERVE lo.n ec7 t® xuc n v[[r PRELEVIINARY - NOT FOR CONSTRUCTION J f W 1 EXHIBIT A LIST OF PERMITTED USES Regulations for development of the KASE Mixed Use Planned Unit Development (MPUD) shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 76 residential dwelling units or 212 group housing units for seniors shall be permitted within this MPUD. The FAR established by this MPUD shall govern group housing units. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Residential Dwelling Units a. Detached single family; b. Attached single family and townhouse; c. Two-family and zero lot line; d. Multi -family; 2. Group Housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities with FAR up to 0.45; pursuant to §429 F.S. a. If independent living facilities are constructed as single family homes or townhomes, then they sh be considered residential dwelling units subject to a maximum of 76 units. 3. Amenity Area a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. b. Community administrative and recreation facilities. Outdoor recreation facilities such as a community swimming pool, tennis/pickleball courts and basketball courts, parks, playgrounds, pedestrian/bikeways and passive and/or active water features (private intended for use by the residents and their guests only). c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve residents and their guests. d. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). 4. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: Garages and/or carports Guardhouses, gatehouses and access control structures Amenity Area a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. b. Community administrative and recreation facilities. Outdoor recreation facilities such as a community swimming pool, tennis/pickleball courts and basketball courts, parks, KASE MPUD P120180002453 November 18, 2019 Page 1 of 8 playgrounds, pedestrian/bikeways and passive and/or active water features (private intended for use by the residents and their guests only). c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve residents and their guests. d. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). 4. Indoor facilities customarily associated with group housing for seniors such as rehabilitation rooms, dining rooms, beauty shop, medical support facilities and offices, media and exercise rooms, and personnel service areas. 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 6. Temporary construction, sales and administrative off ices forthe developer and developer's authorized agents, including necessary access ways, parking ways and related uses, subject to the procedures for a temporary use permit provided in the LDC. 7. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. KASE MPUD PL20180002453 November 18, 2019 Page 2 of 8 EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land use within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I DEVELOPMENT STANDARDS DEVELOPMENT DETACHED ATTACHED SINGLE TWO-FAMILY & MULTI- GROUP HOUSING AMENITY STANDARDS SINGLE FAMILY & ZERO LOT LINE FAMILY unit AREA FAMILY TOWNHOUSE 50 feet 100 feet 80 feet N/A PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 SF 5,500 SF per unit 1,200 SF per N/A N/A 10,000 SF unit MINIMUM LOT WIDTH 50 feet 100 feet 80 feet N/A N/A N/A MINIMUM FLOOR AREA 1,200 SF 1,000 SF 1,000 SF 750 SF N/A N/A MINIMUM FRONT 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet YARD MINIMUM SIDE YARD 5 feet 0 feet 0/5 feet Ill 15 feet 15 feet 10 feet MINIMUM REAR YARD 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet MINIMUM PRESERVE 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet SETBACK MINIMUM PUD 15 feet 15 feet 15 feet 15 feet 15 feet 35 feet SETBACK MINIMUM DISTANCE 30 feet 15 feet 15 feet 15 feet 15 feet 15 feet BETWEEN STRUCTURES Maximum Height Zoned 30 feet 30 feet 30 feet 40 feet 40 feet 30 feet Actual 35 feet 35 feet 35 feet 47 feet 47 feet 35 feet ACCESSORY STRUCTURES MINIMUM FRONT 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet MINIMUM SIDE 5 feet 0 feet 0/5 feet 30 feet 10 feet 10 feet MINIMUM REAR 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet MINIMUM PRESERVE 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet SETBACK MAXIMUM HEIGHT ZONED 30 feet 30 feet 30 feet 35 feet 35 feet 30 feet ACTUAL 35 feet 35 feet 35 feet 40 feet 40 feet 35 feet BH = Building Height (1) Must be at least 10 feet between structures. Page 3 of 8 KASE MPUD 1`120180007453 November 18, 2019 APPROXIMATE LOCATION OF EXISTING 20" FORCE MAIN I PROPOSED PEDESTRIAN g CONNECTION (EXACT LOCATION TBD) 15' PUD PERIMETER— SETBACK 15' TYPE D LANDSCAPE BUFFER APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN 3c.o Road. Suite 201D4"pidsFlorida 3CieC P. 239.4x.6060 DAVIDSON Company Cert of RUNay.fion r..6oi r APRIL CIRCLE PUD ORD. 89-76 MULTIFAMILY RESIDENTIAL EBOLI PUD I ORD. 97-23 MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE 15' PUD PERIMETER "PUD BOUNDARY" I BUFFER AND FENCE/WALL SETBACK DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 'DEVELOPMENT AREA' MINIMUM 24' WIDE t15' PUD PERIMETER SETBACK 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER LIVINGSTON LAKES PUD ORD. 99-18 MULTIFAMILY RESIDENTIAL 0.16 AC PRESERVE 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL 15' PUD PERIMETER SETBACK K _ I r TZ D 'n 30� < ° z rnP m ;° yaM m w I > o AW Ni N SCALE 1:100 SHE, KASE PUD CONCEPTUAL MASTER PLAN EXHIBIT C - 1 OF 2 Z ^ 'n C"0 U) 03 0 nZ _. 70 O 15' PUD PERIMETER— SETBACK 15' TYPE D LANDSCAPE BUFFER APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN 3c.o Road. Suite 201D4"pidsFlorida 3CieC P. 239.4x.6060 DAVIDSON Company Cert of RUNay.fion r..6oi r APRIL CIRCLE PUD ORD. 89-76 MULTIFAMILY RESIDENTIAL EBOLI PUD I ORD. 97-23 MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE 15' PUD PERIMETER "PUD BOUNDARY" I BUFFER AND FENCE/WALL SETBACK DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 'DEVELOPMENT AREA' MINIMUM 24' WIDE t15' PUD PERIMETER SETBACK 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER LIVINGSTON LAKES PUD ORD. 99-18 MULTIFAMILY RESIDENTIAL 0.16 AC PRESERVE 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL 15' PUD PERIMETER SETBACK K _ I r TZ D 'n 30� < ° z rnP m ;° yaM m w I > o AW Ni N SCALE 1:100 SHE, KASE PUD CONCEPTUAL MASTER PLAN EXHIBIT C - 1 OF 2 PLANNING NOTES CURRENT ZONING: PROPOSED ZONING: CURRENT LAND USE: FUTURE LAND USE: MAXIMUM DENSITY RESIDENTIAL DENSITY: A - AGRICULTURE MPUD - MIXED USE PLANNED UNIT DEVELOPMENT VACANT URBAN RESIDENTIAL SUBDISTRICT RESIDENTIAL DWELLING UNITS OR GROUP HOUSING UNITS: LAND USE SUMMARY USABLE OPEN SPACE 7.58 AC X 30% = 2.27 AC* *USABLE OPEN SPACE LOCATIONS WILL BE DETERMINED AT TIME OF SDP PERMITTING. GENERAL NOTES 10 DU/A 1. INTERNAL THOROUGHFARES, INTERNAL PEDESTRIAN ACCESS WAYS, AND INTERCONNECTION ROADWAYS 76 WILL BE PROVIDED. LOCATIONS WILL BE DETERMINED AT TIME OF SDP PERMITTING. 212 USE I ACRES % OF SITE DEVELOPMENT AREA 1 ±6.80 ACRES ±89.7% (INCLUDES 10-15% OF SITE DEDICATED TO WATER MANAGEMENT) LANDSCAPE BUFFERS ±0.62 ACRES ±8.2% PRESERVE PROVIDED ±0.16 ACRES 1 ±2.1% (PRESERVE REQUIRED = 1.09 ACRES* X 15% = ±0.16 ACRES) `EXISTING ON-SITE NATIVE VEGETATION -71 TOTAL SITE AREA1 ±7.58 ACRES 100% Q DAVIDSON 4365 R di. Road, Sura 201 Napi%Rcnaa 34104 P. 239.434.6060 C[mpmV GM1elhNevellen LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; AND THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER SHEET NO: KASE PUD EPTUAL MASTER PLAN EXHIBIT C - 2 of 2 EXHIBIT D LEGAL DESCRIPTION THE NORTH Y2 OF THE NORTHWEST Y4 OF THE SOUTHWEST Y4 OF THE NORTHWEST %; AND THE NORTH %: OF THE SOUTH Y2 OF THE NORTHWEST''/a OF THE SOUTHWEST''/a OF THE NORTHWEST Y., SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 330,124 SQUARE FEET OR 7.58 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. MASE MPUD PL20180002453 November 18, 2019 Page 4 of 8 EXHIBIT E LIST OF DEVIATIONS There are no deviations included in this MPUD, KASE MPUD P120180002453 November 18, 2019 Page 5 of 8 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. 1. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is TO BE DETERMINED. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not berelieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. COMPATIBILITY: A. The development will be compatible with, and complementary to, surrounding developed and undeveloped land uses, and their respective accessory uses, adhering to the development standards set forth herein. 3. LANDSCAPING: A. Preserve areas maybe 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 materials shall be in accordance with LDC Section 3.05.07. KASE MPUD PL20180002453 November 18, 2019 Page 6 of 8 4. TRANSPORTATION: A. This PUD is limited to 78 two-way, PM peak hour trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. If developed with group housing, the Developer shall provide a minimum of one (1) of the following prior to issuance of certificates of occupancy: 1. Offering preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. 2. Offering flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. 3. Coordination with Collier County Transit to provide a transit stop/shelter within the development if needed. 4. Vehicular interconnection to the abutting property to the north, approved as the Eboli PUD. C. If developed with residential, the Developer shall provide a minimum of one (1) of the following prior to issuance of certificates of occupancy: 1. Bicycle and pedestrian facilities. 2. Vehicular interconnection to the abutting property to the north, approved as the Eboli PUD. 5. ENVIRONMENTAL: A. The preservation requirement shall be 15% of the existing native vegetation on-site. (1.09 acres native x 15% = 0.16 acres required) B. The Developer shall adhere to the Florida Fish and Wildlife Conservation Commission Black Bear Management Plan, as applicable. Any available Fish and Wildlife Conservation Commission informational material available at time of development will be distributed to residents/tenants and construction maintenance personnel. The project will utilize bear -proof dumpsters in locations to be determined at the time of first development order. 6. PLANNING: A. Group housing for seniors uses shall provide the following services and/or be subject to the following operation standards: 1. The facility shall be for residents 55 years of age and older; 2. There shall be on-site dining facilities to the residents, with food service being on-site, or catered; 3. Group transportation services shall be provided for the residents for the purposes of grocery or other types of shopping. Individual transportation services shall be coordinated for the residents' needs, included but not limited to medical office visits; 4. There shall be an onsite manager/activities coordinator to assist residents who shall be responsible for planning and coordinating stimulating activities for the residents 5. An onsite wellness facility shall provide exercise and general fitness opportunities for the residents; 6. Each unit shall be equipped with devices provided to notify emergency service providers in the event of a medical or other emergency; KASE MPUD P120180002453 November 18, 2019 Page 7 of 8 7. Independent living units shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted by lowering the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted by adding grab bars; 8. Nursing homes or assisted living facilities shall be constructed to have a core area to shelter residents and staff on site in the event of a hurricane. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community colleges and universities ("State Requirements for Educational Facilities, 2014") and shall be capable of ventilation or air conditioning provided by back-up generator for a period of no less than 96 hours. KASE MPUD PL20180002453 November 18, 2019 Page 8 of 8 APPRuXIMATE LOCATION OF EXISTING 20" FORCE MAIN I PROPOSED PEDESTRIAN g CONNECTION (EXACT LOCATION TBD) r • Z 0'n C (A 00 nZ 15' PUD PERIMETER SETBACK 15' TYPE D LANDSCAPE BUFFER I� APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN -- 4365 Radio Road, Suite 201 Ni Florida 34104 P. 239434.6060 DAVIDSON ce uM1 me�mo�.auo� [sr. n.isneo Nc.tMai APRIL CIRCLE PUD ORD. 89-76 MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL amm—iii. w EBOLI PUD ORD. 97-23 I MULTIFAMILY RESIDENTIAL 15' PUD PERIMETER "PUD BOUNDARY" I SETBACK w w • w w •I— — DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 'DEVELOPMENT AREA' MINIMUM 24' WIDE DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 1 LEn B— w w w w t15' PUD PERIMETER SETBACK 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL • w LIVINGSTON LAKES PUD ORD. 99-18 MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL • 15' PUD PERIMETER SETBACK I � r I z T z c� <pzz • m 'P D MT, o m I ? c 0.16 AC PRESERVE N SCALE 1:100 SHEET NO: KASE PUD :ONCEPTUAL MASTER PLAN EXHIBIT C - 1 OF 2 PLANNING NOTES CURRENT ZONING: PROPOSED ZONING: CURRENT LAND USE: FUTURE LAND USE: MAXIMUM DENSITY RESIDENTIAL DENSITY: A - AGRICULTURE MPUD - MIXED USE PLANNED UNIT DEVELOPMENT VACANT URBAN RESIDENTIAL SUBDISTRICT RESIDENTIAL DWELLING UNITS: OR GROUP HOUSING UNITS: LAND USE SUMMARY 10 DU/A 76 212 USE I ACRES % OF SITE DEVELOPMENT AREA 1 ±6.80 ACRES 1 ±89.7% (INCLUDES 10-15% OF SITE DEDICATED TO WATER MANAGEMENT) LANDSCAPE BUFFERS ±0.62 ACRES ±8.2% PRESERVE PROVIDED ±0.16A RES ±2.1% (PRESERVE REQUIRED = 1.09 ACRES* X 15% = ±0.16 ACRES) EXISTING ON-SITE NATIVE VEGETATION TOTAL SITE AREA 1 ±7,58 ACRES 100% D DAVIDSON 6365 Radio Road Suite 241 Naples, Floi 34106 P: 239.434.6060 Campen��y Geo. N . —i - USABLE OPEN SPACE 7.58 AC X 30% = 2.27 AC* *USABLE OPEN SPACE LOCATIONS WILL BE DETERMINED AT TIME OF SDP PERMITTING. GENERAL NOTES INTERNAL THOROUGHFARES, INTERNAL PEDESTRIAN ACCESS WAYS, AND INTERCONNECTION ROADWAYS WILL BE PROVIDED. LOCATIONS WILL BE DETERMINED AT TIME OF SDP PERMITTING. LEGAL DESCRIPTION THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; AND THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER SXSINO: KASE PUD EPTUAL MASTER PLAN EXHIBIT C - 9 of 2 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For KASE MPUD (Collier County, Florida) April 2, 2019 Revised September 6, 2019 Countv TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Minor Study) Review Fee =$750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENGE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION NO. 278311 ,,`,`.�rrgvrertrrrrrrrr (PROJECT No. I B 1 1 1 2) '\GENSF Q No 43860 pTe of q/Z ` 201 �l FL DA REa, 19,9 TABLE OF CONTENTS Conclusion 2 Purpose of Report 3 Study Methodology 3 Scope of Project 4 Table A - Proposed Land Uses 4 Figure 1 - Project Location & Roadway Classification 4.1 Site Plan 4.2 Project Generated Traffic 5 Table B - Net New Trips Generated 5 Table 1 - Trip Generation Computations 5.1 Existing + Committed Road Network 6 Project Generated Traffic Distribution 6 Figure 2 - Project Traffic Distribution 6.1 Table 2A - Area of Impact/Road Classification 6.2 Area of Significant Impact 7 2018 thru 2021 Project Build -out Traffic Conditions 7 Table 2B - 2018 & 2021 Link Volumes 7.1 Table 2C - 2021 Link Volumes/Capacity Analysis 7.2 Appendix 8 Conclusions Based upon the findings of this report, it can be concluded that KASE MPUD will not have a negative impact upon the surrounding road network. It was verified that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic generated by the maximum development intensity of 76 single-family dwelling units, or 76 multi -family dwelling units, or Senior Group Housing (212 beds/units), and the project's net new PM peak hour trips will not exceed 78 vph. As determined, the road network will continue to operate at acceptable levels of service for project build -out conditions and the project will not create any off-site transportation deficiencies that need to be mitigated. Site -Access Impacts Site Access @ Livingston Road The project proposes to construct one (1) right-in/out driveway on Livingston Road. A right ingress turn lane will be warranted and will be required to be constructed to the minimum standards set forth by Collier County. Northwest TCMA Because the proposed project is a commercial land use that is located within the "Northeast Traffic Concurrency Management Area (TCMA)", Policy 5.1, 5.6, 5.7.5.8. 7.1, 7.2, 7.3 and 7.4 must be addressed. The following summarizes the project's compliance status. Policy 5.1 Project Status - Satisfied The project's traffic does not equal or exceed 2% of the adopted LOS standards for any directly accessed roadway segments or any adjacent roadway segments. Furthermore, the project's traffic does not equal or exceed 3% of the adopted LOS standards for any other roadway segments. Policy 5.6 Project Status - Satisfied The project is located within the Northeast TCMA, as defined by paragraph A. The project will not significantly or negatively impact a link that is constrained or deficient. The link directly accessed by the project (Livingston Road) currently operates at an acceptable level of service and has a v/c ratio = 0.57. Furthermore, the project will have a de minimis impact (less than 1% impact of the road's adopted service capacity) on Livingston Road. Policy 5.7 Project Status - Satisfied The Northeast TCMA has 85% of its north/south and east/west lane miles operating at or above the LOS standards described in Policies 1.5.A. and 1.5.B. of the GMP. Policy 5.8 - Project Status - Satisfied The project will not significantly or negatively impact a link that is constrained or deficient. The link directly accessed by the project (Livingston Road) currently operates at an acceptable level of service and has a v/c ratio = 0.57. Furthermore, the project will have a de minimis impact (less than 1% impact of the road's adopted service capacity) on Livingston Road. Policy 7.1 - Project Status - Satisfied The project will be served by a single right-in/out access on Livingston Road. Policy 7.2 - Project Status - Satisfied The project's primary point of ingress/egress will be a direct access to an arterial road. As required by Collier County, the proposed residential use will also provide a secondary point of access to a residential street known as Sandra Bay Drive, which had previously provided a vehicular interconnect feature to the subject parcel. Because the project will be a low traffic generator and the access to Sandra Bay Drive will be secondary and the type of traffic generated (residential) is compatible with the type of traffic on Sandra Bay Drive, the project will have no significant or negative impact on the adjacent neighborhood. Policy 7.3 - Project Status - Satisfied The site provides adequate on-site traffic circulation and will not rely on the adjacent streets or cause the use of adjacent streets to accommodate its circulation needs. Policy 7.4 - Project Status - Satisfied The project acknowledges the objectives of this policy, which requires no action by the owner/developer. Purpose of Report This report was prepared pursuant to the methodology of the Traffic Impact Statement Guidelines set forth by the Collier County Government. More specifically, the study examines the potential transportation related impacts that may occur as a result of developing a proposed residential community known as KASE MPUD, which will be located on the east side of Livingston Road and approximately one-quarter (1/4) mile south of Immokalee Road, within Collier County, Florida. Methodology On November 20, 2018, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee was paid at the time of submitting the zoning application. The TIS methodology was reviewed by staff and a copy of the approved methodology is provided in the appendix (refer to pages M 1 thru Ml 1). Scope of Project KASE MPUD is a proposed residential development that will consist of no more than 76 single-family dwelling units, or 76 multi -family dwelling units, or Senior Group Housing (212 units/beds). The project's total net new PM peak hour trips will be held to a maximum trip cap of 78 vph. The site is located on the east side of Livingston Road and approximately one-quarter (1/4) mile south of Immokalee Road, within Collier County, Florida. The project's primary point of ingress/egress will be a direct right-in/out access to Livingston Road. As required by Collier County, the proposed residential use will also provide a secondary point of access to a residential street known as Sandra Bay Drive, which had previously provided a vehicular interconnect feature to the subject parcel. Table A Proposed Land Uses Development Scenario Proposed Land Use Maximum Number of Dwelling Units Scenario A Single -Family 76 d.u.'s Scenario B Multi -Family 76 d.u.'s Scenario C Senior Group Housing 212 Beds/Units 4 L Veterans Mem. Blvd c �l Learning Lonena Way Enlrodo Ave a Im vi T d: 3 F a° e I I n� I Lakes Blvdl n er na Immakolee Rd r m 0 a I a � m D) T 0 v m I ' L 1°- I I � 0 a of , K L v � e O• C J raI al Vanderbilt Beach Rd I I N r ILEGEND 6 -LANE ARTERIAL ... Villogewalk Circle 4 -LANE ARTERIAL/COLLECTOR — — — — — —� 2 -LANE ARTERIAL I Daniels Rd 2 -LANE COLLECTOR/LOCAL ' RAIL ROAD JI-rB TRANSPORTATION ENGINEERING, INC. Livingston Road MPUD November 20, 2018 Af. If NORTH N.T.S. Autumn Oaks Lane Hidden Oaks Lane Spanish Oaks Lane c Golden Oaks Lane 0 0 m Y O z Project Location & Roadway Classification I FIGURE 1 -tom N APPROXIMATE LOCATION OF EXISTING 20" FORE MAIN PROPOSED ` PEDESTRIAN g CONNECTION " (EXACT LOCATION TBD) r Z C WO nZ D r 0 15' PUD PERIMETER SETBACK 15' TYPE D LANDSCAPE BUFFER APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN a3S5 RaEb Rmp, SNt<201 Nadas. FIoMa Nt W P. 299.0.M16,BC80 DAVIDSON co,.oemcm.mwmemem er.in.e Na W}131P1 APRIL CIRCLE PUD ORD. 89-76 MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL r . � 1 B-- EBOLI PUD I ORD. 97-23 MULTIFAMILY RESIDENTIAL 15' PUD PERIMETER SETBACK DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER I I 'DEVELOPMENT AREA' MINIMUM 24' WIDE "PUD BOUNDARY".I I F- \\ I F- AT DEVELOPME TTANCE TO BE ORDERED I • 115' PUD PERIMETER SETBACK 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL — 0.16 AC PRESERVE LIVINGSTON LAKES PUD PRESERVE L 10' TYPE A LANDSCAPE BUFFER AND FENCE/WALL 10 LIVINGSTON LAKES PUD ORD. 99-18 MULTIFAMILY RESIDENTIAL ENEU.N : 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL 15' PUD PERIMETER SETBACK M6� o cn I Z v N SCALE 1:100 KASE PUD fUALMASTER PLAN EXHIBIT C - 1 of 2 Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 10a' Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that Land Use Code "Single -Family" (LUC 210) and "Multi -Family" (LUC 220) were most appropriate in estimating the project traffic of the most intense land uses. In addition, trips associated with the less intense uses were estimated based upon land use codes "Senior Adult Housing" (LUC 252) and "Assisted Living" (LUC 254). Table 1 provides a detail of the estimated total trips. Table A provides a summary of the results. Table B Net New Trips Generated The report concludes that the project will generate less than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 100 trips", which is defined as a minor study. AM Peak Hour PM Peak Hour Development Scenario (vph) (vph) Scenario A Single -Family 59 78 (76 Dwelling Units) Scenario B Multi -Family 37 46 (76 Dwelling Units) Scenario C Senior Group Housing 42 55 The report concludes that the project will generate less than 100 net new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "less than 100 trips", which is defined as a minor study. TABLE 1 TRIP GENERATION COMPUTATIONS KASE MPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 76 Units 220 Multi -Family (Low Rise) 76 Units 252 Senior Adult Housing - Attached 212 Units Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.71 = 808 ADT AM Peak Hour (vph) = T = 0.71(X)+ 4.80 = 59 vph 15 / 44 vph 25% Enter/ 75% Exit = PM Peak Hour (vph) = Ln(T) = 0.96Ln(X)+0.20 = 78 vph 49 /29 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 534 ADT AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51= 37 vph 8 / 28 vph 23% Enter/ 77% Exit = PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 46 vph 29 / 17 vph 63% Enter/ 37% Exit = LUC 252 Daily Traffic (ADT) = T = 4.02(X) -25.37 = 827 ADT AM Peak Hour (vph) = T = 0.20(X)-.18 = 42 vph 15 /27 vph 35% Enter/ 65% Exit = PM Peak Hour (vph) = T = 0.24(X) + 2.26 = 55 vph 30 /25 vph 55% Enter/ 45% Exit = Existing + Committed Road Network Table 2A and Figure 1 describe the E + C road network. As shown, there are no significant 5 -year committed roadway improvements within the project's area of impact. Livingston Road is classified as a six -lane divided arterial. The road functions as a primary north/south corridor that extends from its southern terminus at its intersection with Radio Road to the Collier/Lee County boundary where it continues north/south and is known as Imperial Parkway. Within proximity of the site, the posted speed limit of Livingston Road is 45 MPH. Immokalee Road is classified as a six -lane divided arterial. The road functions as a primary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County, as well as continues north/south to the Immokalee Community and interconnects with S.R. 29. Within proximity of the site, the posted speed limit of Immokalee Road is 45 MPH. Livingston Road & Immokalee Road is a four-way signalized intersection. Table 2A provides a detail of the surrounding E + C road network and their respective minimum level of service performance standards and capacity. Project Generated Traffic Distribution The project's net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area and business opportunities, as well as growth trends for the surrounding areas. Figure 2 provides a detail of the traffic distributions based on a percentage basis and Table 2A depicts the expected net new AM and PM traffic distributions for peak hour peak direction and non - peak direction. 0 Veterans Mem. Blvd $ P I jl LearningLane�na Way I N' n Entrada Ave I 1 I ' Carleton Lakes Blvdl I � 2H►2 57 t mokc rVo M I m I �I I ' al C I a C at j C J C & rH� allyVanderbilt Beach R 4 �+ I N I — LEGEND Villagewalk Circle Daniels Rd DO%- PROJECT TRAFFIC DISTRIBUTION BY PERC w� � Hunters Rd w TRAN CpO RTATION EN GIN CCRIN G, INC. , Rd ) 0 NORTH N.T.S. 0 0 3 Autumn Oaks Lane c Hidden Oaks Lane m c e Spanish Oaks Lane Golden Oaks Lane 0 m 'o M Y O Livingston Road MPUD PROJECT -GENERATED September 4, 2019 1 TRAFFIC DISTRIBUTION 6.1 FIGURE 2 Project Traffic Peak Direction (vphpd) _ Project Traffic Non -Peak Direction (vph)= 51.0 Livingston Road 52.0a 52.Ob 42.1 Immokalee Road 42.2 1 v Imperial St to Immokalee Rd Immokalee Rd to Site Site to Vanderbilt Beach Rd Airport Road to Livingston Rd Livingston Rd to 1-75 TABLE 2A PROJECT'S AREA OF IMPACT 49 Entering 29 Exiting Project LOS Service Project PK Dir. PK Direction Project Pk Hr Road Serv. Vol. Volume Traffic PK Dir Class LOS v h d % DistvI phod) BAD D 3000 10% 5 6D E 3100 60% 29 6D E 3100 40% 20 6D E 3100 25% 12 6D/8D E 3500 25% 12 Project Project Pk Hr Project Pk Hr Non -PK Dir Non -Pk Impact Percent Significant Pk Dir (vph) DiR Standard Impact Impact S 3 N 2% 0.16% NO S 17 N 2% 0.95% NO N 12 S 2% 0.63% NO E 7 w 2% 0.40% NO w 7 E 2% 0.35% NO Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2A describes the project traffic distributions and the level of impact on the surrounding roadways. As shown, Livingston Road was considered the only road that will be impacted by the project. 2018 thru 2021 Project Build -out Traffic Conditions In order to establish 2018 thru 2021 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor and annual growth rate were derived from the 2018 Collier County AUIR Report. Using the annual growth rate, the 2021 background traffic conditions were determined, which are depicted in Table 213. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2018 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2021 vested trips 'Y' background traffic volumes are depicted in Table 2B. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2021 background traffic. The net new project generated traffic was then added to the background traffic. Table 2C provides a summary of the 2018 thru 2021 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. 7 TABLE 213 2018 & 2021 ROADWAY LINK VOLUMES Per Vested Trips Methc Per Growth Rate Method 2021 2021 Peak Hour 2018 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips (vphpol DiR AUIRv( ohod)v h d v( phpd) ,1.0 Livingston Road Imperial St to Immokalee Rd 1260 N 2.00% 1337 61 1321 ,2.Oa Immokalee Rd to Site 1640 N 2.00% 1740 28 1668 12.01b Site to Vanderbilt Beach Rd 1640 N 2.00% 1740 28 1668 12.1 Immokalee Road Airport Road to Livingston Rd 2900 W 2.00% 3078 7 2907 12.2 Livingston Rd to 1-75 2580 E 2.00% 2738 49 2629 TABLE 2C 2021 ROADWAY LINK VOLUME/CAPACITY ANALYSIS J N 2021 2015 Peak Hour 2021 2021 PK Direction Peak Hour Peak Hour v( phpd) LOS 51.0 Livingston Road Imperial St to Immakalee Rd 1260 B 52.Oa Immokalee Rd to Site 1640 B 52.01b Site to Vanderbilt Beach Rd 1640 B 42.1 Immokalee Road Airport Road to Livingston Rd 2900 E 42.2 Livingston Rd to 1-75 2580 D J N 2021 2021 2021 2021 2021 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out Build -Out PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hour Background Pk Background PK Dir Pk Non -PK Dir Non -Pk PK Dir PK Dir PK Direction PK Direction vt phpd Dir LOS jvohodl Dir (vnh) Dirv{ phpd) v h d v/c Ratio LOS 1337 N B 5 S 3 N 1340 3000 0.45 B 1740 N B 29 S '17 N 1758 3100 0.57 B 1740 N B 20 N 12 S 1760 3100 0.57 B 3078 w E 12 E 7 w 3085 3100 1.00 E 2738 E D 12 W 7 E 2745 3500 0.78 D s Support Documents APPENDIX JM6 TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Livingston Road MPUD (Collier County, Florida) November 20, 2018 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Minor Study) Review Fee =$750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION NO. 27830 (PROJECT NO. 181 1 1 2) \\\\111\I\IIIc III/I/!/ S,qN �ENS s No 43860 , APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date: 11-20-2018 Time: Location: Collier County Government Offices (North Horseshoe Drivel People Attending: Name, Organization, and Telephone Numbers 1) James M. Banks, JMB Transportation Engineering, Inc., 239-919-2767 2) Michael Sawyer, Collier County Government 3) 4) Study Preyarer• Preparer's Name and Title: James M, Banks, P.E.. President Organization: JMB Transportation Engineering, Inc. Address & Telephone Number: 4711 7th Avenue SW Naples, Florida 34119 (239)-919- 2767 Reviewer(s): Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant' Applicant's Name: Address: Telephone Number: Proposed Development: Name: Livingston road MPUD Location: East side of Livingston Road and approximately 1000' south of immokalee Road Land Use Type: ITE Code #: LUC 210 LUC 220. LUC 252, LUC 254 Proposed number of development units: Proposed 76 single-family and/or multi -family or 212 senior group housing Other: Description: Zoning: MPUD Existing: Comprehensive plan recommendation: Requested: C IUse�sVames 61. BankalOa XlopV'ROIECiSI CaY�.w CouMNiBf if1 f ivingsfon AI hV.fethMobgyRepM.dN. M2 Findings of the Preliminary Study: See the attached Study Type: Minor Study Study Area: Boundaries: Based upon the Count's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2021 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 10th Edition (Table 1) Reductions in Trip Generation Rates: Pass -by trips: Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2022 per Collier County's 5-yeaz CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment (See Table 2A & Figure 2A) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method, whichever is greater. GlUse VamesM BnksWeskbpWROJECTS11 Cahv Co Wol$tY12trvbgsfw4FMelhodobuyRepM.tl M3 Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On-site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee _ Minor Study - $750.00 X Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant :: Ilkr�s4Hmes Id Banks�DesFIoFl�PROJ£C7S11 Cofhw (:anM7811111ivin8slon Af FV.Ie@pa'o!opVRepsd doc Aof a Veterans Mem. Blvd o I rn Ic NORTH LearningLane�na Way N.T.S. n� Entrada Ave I 1 ICarleton Lakes Blvdl 0 o I 0 a e6 Li ; a " I U IPiper Rd Immokalee Rd I I Autumn Oaks Lane 0 'o I m m >, Hidden Oaks Lane 0 m m I j c ' n Spanish Oaks Lane I I a Golden Oaks Lane 0 m I 0 v m I a m c ` O I .. 9 NI C � J Y a a Vanderbilt Beach Rd — ' I n ILEGEND � 6 -LANE ARTERIAL Villagewalk Circle I 4 -LANE ARTERIAL/COLLECTOR ----- 2-LANE ARTERIALI Daniels Rd 2 -LANE COLLECTOR/LOCAL ' RAIL ROAD I Hunters Rd JMB TRANGPO RTATIGN ENGINEERINO, INC. , 0 0 v m rn J Livingston Road MPUD Project Location & FIGURE 1 November 20, 2018 1 Roadway Classification Ms Veterans Mem. Blvd y`0 rn c �l Learning Lane ` Ravina Way Entrada Ave 1 I I I I nl 11► — 257 2H 31 1 a I m I m S 6\ ci al ao a: I — I o c rn Z C j o I 15% a Vanderbilt Beach RO NORTH N.T.S. D 0 0 0 1H mokale Rd 0 0 Autumn Oaks Lane v ] m o Hidden Oaks Lane M e0 . Spanish Oaks Lane � r N I Villagewalk Circle LEGEND 1I 0�,. PROJECT TRAFFIC DISTRIBUTION BY PER4 Daniels Rd _ I Me TRANOPURTATION ENGINEMRINMI [NO. Livingston Road MPUD November 20, 2018 FAM Golden Oaks Lane 0 _w ] x 0 PROJECT -GENERATED TRAFFIC DISTRIBUTION w o � ,3 O e a° I I I I nl 11► — 257 2H 31 1 a I m I m S 6\ ci al ao a: I — I o c rn Z C j o I 15% a Vanderbilt Beach RO NORTH N.T.S. D 0 0 0 1H mokale Rd 0 0 Autumn Oaks Lane v ] m o Hidden Oaks Lane M e0 . Spanish Oaks Lane � r N I Villagewalk Circle LEGEND 1I 0�,. PROJECT TRAFFIC DISTRIBUTION BY PER4 Daniels Rd _ I Me TRANOPURTATION ENGINEMRINMI [NO. Livingston Road MPUD November 20, 2018 FAM Golden Oaks Lane 0 _w ] x 0 PROJECT -GENERATED TRAFFIC DISTRIBUTION __-__.______ __________a__r____--______________________ \ I I `� Iii � II,.-��-v •c xva WWI I o❑ 10 11 12 13 F717 1 wl I �\ 9 DETENTIONAREAC �Iiii II j IIS ��---------- I Ili wi g J 7 B. 1 5 i �g ZOI w�I II I 1 l o III , L 1 I / I It/V � 1 I _ I ` WeHOUS 1 T POOL1 9 2 3 4 I e I AMENITY . _ _ - 1 - -- - ---- 1-- ----- ------ ------ ------ I �— -- -- -- -- -- --I-- -- -- --1-- -- -- -- -- -- --.I PPRWNG REQUIREMENTS: PROPDEEQ WT OSE PoMMNY PRELIMINARY-NOTFORCONSTRUCTION �&s e a 1 Q, 2 r- TABLE 1 TRIP GENERATION COMPUTATIONS Livingston Road MPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 76 Units 220 Multi -Family (Low Rise) 76 Units 252 Senior Adult Housing - Attached 212 Units 254 Assisted Living 212 Beds Land Use Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.71 = 808 ADT AM Peak Hour (vph) = T = 0.71(X)+ 4.80 = 59 vph 15 / 44 vph 25% Enter/ 75% Exit = PM Peak Hour (vph) = Ln(T) = 0.96Ln(X)+0.20 = 78 vph 49 /29 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 534 ADT AM Peak Hour (vph) = Ln(T) = 0.95Ln(X)-0.51 = 37 vph 8 / 28 vph 23% Enter/ 77% Exit = PM Peak Hour (vph) = Ln(T) = 0.89Ln(X)-0.02 = 46 vph 29 / 17 vph 63% Enter/ 37% Exit = ********************************************************************************* LUC 252 Daily Traffic (ADT) = T = 4.02(X) -25.37 = 827 ADT AM Peak Hour (vph) = T = 0.20(X)-.18 = 42 vph 15 / 27 vph 35% Enter/ 65% Exit = PM Peak Hour (vph) = T = 0.24(X) + 2.26 = 55 vph 30/25 vph 55% Enter/ 45% Exit = LUC 254 Daily Traffic (ADT) = AM Peak Hour (vph) _ PM Peak Hour (vph) = T = 2.60(X) = T=0.19(X)= 63% Enter/ 37% Exit = T = 0.26(X) = 38% Enter/ 62% Exit = 551 ADT 40 vph 25 / 15 vph 55 vph 21 /34 vph Project Traffic Peak Direction (vphpd) = 49 Entering Project Traffic Non -Peak Direction (vph)= 29 Exiting 1.0 Airport Pulling Rd Immokalee to Vanderbilt 41.2 Immokalee Road Goodlehe-Frank to Airport 42.1 Airport Road to Livingston Rd 42.2 Livingston Rd to 1-75 43.1 1-75 to Logan Blvd 43.2 Logan Blvd to C.R. 951 51.0 Livingston Road Imperial St to Immokalee Rd 52.Oa Immokalee Rd to Site 52.0b Site to Vanderbilt Beach Rd 53.0 Vanderbilt to Pine Ridge Rd 54.0 Pine Ridge Rd to Golden Gate P" Q TABLE 2A PROJECT'S AREA OF IMPACT LOS Service Project Project PK Dir. PK Direction Project Pk Hr Project Pk Hr Project Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non -PK Dir Non -Pk Impact Percent Significant Class LOS (vphpd) % Dist.vL phod) Pk Dir (vphh) DiR Standard Impact Impact 4D D 2200 10% 5 N 3 S 2% 0.22% NO 6D E 3100 15% 7 E 4 w 2% 0.24% NO 6D E 3100 25% 12 E 7 w 2% 0.40% NO 6D/8D E 3500 25% 12 w 7 E 2% 0.35% NO 6D/8D E 3500 10% 5 w 3 E 2% 0.14% NO 6D E 3200 5% 2 w 1 E 3% 0.08% NO 6/4D D 3000 10% 5 S 3 N 2% 0.16% NO 6D E 3100 60% 29 S 17 N 2% 0.95% NO 6D E 3100 40% 20 N 12 S 2% 0.63% NO 6D E 3100 25% 12 N 7 S 2% 0.40% NO 6D E 3100 5% 2 N 1 S 2% 0.08% NO 42.1 Immokalee Road 42.2 51.0 Livingston Road 52.Oa 52.Ob TABLE 2B 2017 & 2021 ROADWAY LINK VOLUMES Per Vested Trips Methc Per Growth Rate Method 2021 2021 Peak Hour 2017 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips v( ohodl DLR AUIRvl ohodl vhd v h d Airport Road to Livingston Rd 2790 W 2.00% 3020 5 2795 Livingston Rd to 1-75 2460 E 2.00% 2663 29 2489 Imperial St to Immokalee Rd 1180 N 2.00% 1277 99 1279 Immokalee Rd to Site 1610 N 2.00% 1743 38 1648 Site to Vanderbilt Beach Rd 1610 N 2.00% 1743 38 1648 42.1 Immokalee Road Airport Road to Livingston Rd 42.2 Livingston Rd to I-75 51.0 Livingston Road Imperial St to Immokalee Rd 52.Oa Immokalee Rd to Site 52.06 Site to Vanderbilt Beach Rd TABLE 2C 2021 ROADWAY LINK VOLUME/CAPACITY ANALYSIS 2021 2021 2021 2021 2021 2017 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out Build -Out Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hour PK Direction Background Pk Background PK Dir Pk Non -PK Dir Non -Pk PK Dir PK Dir PK Direction PK Directior v( Dhpd) LOS (vohod) Dir LOS (vphpo) Dir (vah) Dirvl phodj v h d v/c Ratio LOS 2790 E 3020 W E 12 E 7 W 3027 3100 0.98 E 2460 D 2663 E D 12 W 7 E 2670 3500 0.76 D 1180 B 1279 N B 5 S 3 N 1282 3000 0.43 B 1610 B 1743 N B 29 S t' N 1760 3100 0.57 B 1610 B 1743 N B 20 N 12 S 1762 3100 0.57 B DONOVAN-LIVINGSTON PARCEL Environmental Data for PUDZ SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division SCy 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: January 29, 2019 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com EXHIBITS Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 APPENDICES APPENDIX A: APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E: APPENDIX F: APPENDIX G: Location Map Aerial with FLUCCS Map PUD Master Plan Aerial with Wetlands Identified 1973 & 1985 Aerial Comparison Existing Native Vegetation PUDZ Pre -App Notes Protected Species Survey Florida Bonneted Bat Acoustic Foraging Survey Staff Qualifications Historic Aerial Photographs Limited Soil Sampling Report Full Page Exhibits Environmental Data for PUDZ Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit Development Zoning (PUDZ) to the Donovan -Livingston Parcel (Subject Property). This information is in response to the items in the PUDZ Pre -Application Notes as provided by Collier County (see Appendix A). PROPERTY LOCATION The Donovan -Livingston Parcel is located just east of Livingston Road and approximately 0.27 miles south of Immokalee Road, in Collier County, Florida. Butler Lake Drive runs along the eastern property line. The Subject Property is approximately 7.58 acres based on the property boundary provided by the engineer. See Figure 1 below for a Location Map. L� TALLAHASSEE JACKSONVILLE RLA� ATTR P PETERSBURG Figure 1. Location Map ENVIRONMENTAL PUDZ-PUDA CHECKLIST (non-RFMU) See pages 8-9 of Collier County Pre -App Notes 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.I. Application Contents #24). FLUCFCS Overlay -P627. • See Figure 2, Aerial with FLUCCS Map and vegetation descriptions below. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ Figure 2. Aerial with FLUCCS Map Based on the FLUCCS system, the following communities are present on the property: FLUCCS CODE DESCRIPTION ACREAGE 422H Hydric Brazilian Pepper 1.74 520 Borrow Area 1.42 624-E2 Cypress — Pine — CabbaePalm (26-50% Exotics) 1.09 631-E4 Wetland Scrub (>75% Exotics) 0.21 740H Hydric Disturbed Land 1.19 743 Vegetated Spoil Area 1.92 Site Total: 7.58 E1= Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover FLUCCS 422H, Hydric Brazilian Pepper This community is located in the northern portion of the property. It contains undulating topography with nearly complete coverage of Brazilian pepper (Schinus terebinthifolia). Scattered swamp fern (Blechnum serrulatum) and coastal plain willow (Salix caroliniana) were observed closer to the water's edge. Nearly a foot of standing water was observed flooding this area from the borrow area to the south. Earth Tech Environmental, LLC www.eteflodda.com Environmental Data for PUDZ FLUCCS 520, Borrow Area These areas contain excavated borrow areas scattered throughout the property containing deep water. The ponds in the southeast are covered by water lettuce (Pistia stratiotes). This community should be considered Other Surface Water (OSW) by the SFWMD. FLUCCS 624-E2 Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southeast and south-central portion of the property. It contains scattered slash pine (Pinus elliottii) and cabbage palm (Sabal palmetto), coastal plain willow, cypress (Toxodium distichum), popash (Froxinus caroliniono), wax myrtle (Myrica cerifera), buttonbush (Cephalonthus occidentalis), and alligator flag (Thalia geniculate). Exotic coverage is low in these areas. FLUCCS 631-E4, Wetland Scrub (>75% Exotics) This small community is found in the center of the property. It contains willow, dog fennel (Eupatorium capillifolium), buttonbush, shrubby false buttonweed (Spermicoce verticillate), maidencane (Panicum hemitomon), and dense melaleuca (Meloleuca quinquenervia). It appears to have been excavated below natural grade during construction of the ponds. FLUCCS 740H, Hydric Disturbed Land This community is found in the central portion of the property, as well as along the west -central boundary. These areas were historically cleared, excavated below natural grade and are recruiting naturally, primarily with maidencane and melaleuca in the central portion, and willow, laurel oak (Quercus laurifolia), swamp fern, Brazilian pepper, and scattered earleaf acacia (Acacia ouriculiformis) in the western portion. FLUCCS 743, Vegetated Spoil Area This community is found primarily in the southern portion of the property surrounding the larger water bodies. It consists of undulating topography with scattered cabbage palm, sparse slash pine, a variety of oaks, and is heavily invaded with exotic vegetation. Exotics include Brazilian pepper, earleaf acacia, and scattered melaleuca. These areas were possibly utilized for fill placement of excavated material from borrow areas. 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species — P522 • See Appendix B, Protected Species Survey. 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved (LDC 10.02.13.A.2); to be determined with clearing documentation. • See Davidson Engineering, Inc. PUD Master Plan in Figure 3 below. 13. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 30.02.13.A.2.) Unique Features — P628 • See Appendix B, Protected Species Survey and Appendix C, Florida Bonneted Bat Acoustic Foraging Survey. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ Figure 3. PUD Master Pian ENVIRONMENTAL DATA CHECKLIST See pages 10-12 of Collier County Pre -App Notes The Environmental Data requirements can be found in LDC Section 3.08.00 2. Who and what company prepared the Environmental Data Report? • This Environmental Data Report was prepared by Earth Tech Environmental, LLC. ecologists Jennifer Bobka, and Andrew McAuley. See Appendix D for 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. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (FDEP) prior to SDP or final plat construction plans approval. • Based on the FLUCCS system, there are four (4) wetland communities present on the property, totaling 4.23 acres: Earth Tech Environmental, LLC www.eteflorlda.com r •--\]..1. _ —�� r.tu.r,uv r_urawvu u.vmi � �r,II Ili "€ ...��.a.,,,�......r.._...._ i l II I aw. �l l SCALI 11E Figure 3. PUD Master Pian ENVIRONMENTAL DATA CHECKLIST See pages 10-12 of Collier County Pre -App Notes The Environmental Data requirements can be found in LDC Section 3.08.00 2. Who and what company prepared the Environmental Data Report? • This Environmental Data Report was prepared by Earth Tech Environmental, LLC. ecologists Jennifer Bobka, and Andrew McAuley. See Appendix D for 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. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (FDEP) prior to SDP or final plat construction plans approval. • Based on the FLUCCS system, there are four (4) wetland communities present on the property, totaling 4.23 acres: Earth Tech Environmental, LLC www.eteflorlda.com Environmental Data for PUDZ FLUCCS 422H, Hydric Brazilian Pepper This community is located in the northern portion of the property. It contains undulating topography with nearly complete coverage of Brazilian pepper. Scattered swamp fern (Blechnum serrulatum) and coastal plain willow (Salix caroliniana) were observed closer to the water's edge. Nearly a foot of standing water was observed flooding this area from the borrow area to the south. FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southeast and south-central portion of the property. It contains scattered slash pine and cabbage palm, coastal plain willow, cypress (Taxodium distichum), popash (Fraxinus caroliniona), wax myrtle (Myrica cerifera), buttonbush (Cephalanthus occidentalis), and alligator flag (Thalia geniculate). Exotic coverage is low in these areas. FLUCCS 631-E4, Wetland Scrub (>75% Exotics) This small community is found in the center of the property. It contains willow, dog fennel (Eupotorium capillifolium), buttonbush, shrubby false buttonweed (Spermicoce verticillate), maidencane (Panicum hemitomon), and dense melaleuca at densities approaching 100%. FLUCCS 740H, Hydric Disturbed Land This community is found in the central portion of the property, as well as along the west -central boundary. These areas were historically cleared, partially excavated and are recruiting naturally, primarily with torpedo grass and melaleuca in the central portion, and willow, laurel oak (Quercus lourifolia), swamp fern, Brazilian pepper, and scattered earleaf acacia in the western portion. See Figure 4 below, Aerial with Wetlands Identified. Earth Tech Environmental, LLC www,eteflorida.com Environmental Data for PUDZ Figure 4. Aerial with Wetlands Identified 7. 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). Surveytimes 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 B, Protected Species Survey and Appendix C, Florida Bonneted Bat Acoustic Foraging Survey. 8. Provide a survey for listed plants identified in 3.04.03. • See Appendix B, Protected Species Survey. 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. • See Appendix B, Protected Species Survey and Appendix C, Florida Bonneted Bat Acoustic Foraging Survey. 10. For site or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 30 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06 • Based on historical aerials reviewed (see Appendix E), the Subject Property was originally cleared between 1973 and 1985. Multiple ponds and depressional areas were excavated on the site prior to 1985. t�- Figure S. 1973 & 1985 Aerial Comparison Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (DEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the DEP where contamination exceeding applicable DEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. • See Appendix F, Limited Soil Sampling Report. 16. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. • N/A 22. 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) b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. 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. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ 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. • Based on a long history of disturbance on the subject property, a total of 1.09 acres of native vegetation currently exists on the site. The location of the existing native vegetation is shown in Figure 5. The site is providing a preserve of 0.11 acres, which is 10% of the total current existing native vegetation onsite. (1.09 acres x 10% = 0.109, or 0.11 acres). The PUD master plan with preserve location is shown in Figure 3 above. Earth Tech Environmental, LLC Coastal High Hazard Area Non -Coastal High Hazard Area Less than 5 acres. 10% Residential and Mixed Less than 2.5 acres. 10% Equal to or greater than 5 acres and Use Development Equal to or greater than 2.5 acres. 25% less than 20 acres. 15% Equal to or greater than 20 acres. 25% Golf Course 5% 5% Commercial and Less than 5 acres. 10% Less than 5 acres. 10% Industrial Development Equal to or greater than 5 acres. 15% Equal to or greater than 5 acres. 15% Industrial Development (Rural - 0%, not to exceed 25% of the project 0%, not to exceed 25% of the project Industrial District only) Ite. ite. 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. • Based on a long history of disturbance on the subject property, a total of 1.09 acres of native vegetation currently exists on the site. The location of the existing native vegetation is shown in Figure 5. The site is providing a preserve of 0.11 acres, which is 10% of the total current existing native vegetation onsite. (1.09 acres x 10% = 0.109, or 0.11 acres). The PUD master plan with preserve location is shown in Figure 3 above. Earth Tech Environmental, LLC Environmental Data for PUDZ Figure 6. Existing Native Vegetation (4) Selection of native vegetation to be retained as preserve areas shall reflect the following criteria in descending order of priority: 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 preserve selection follows the criteria in the LDC. The preserve is wetland and located in the southeast corner of the property, adjacent to an offsite wetland preserve. See Figure 3 above for preserve location. (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 Earth Tech Environmental, LLC www,eteflarida.com Environmental Data for PUDZ management plans consistent with the requirements of the LDC will be accepted. • A Preserve Management Plan will be included in the Engineer's plan set at time of SDP. (9) 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. • A 0.11 -acre onsite preserve will be maintained onsite. The location is proposed to be contiguous with the preserve on the adjacent property to the south. See Figure 3 above for preserve location. Policy 6.1.4: [re -numbered to reflect merger of Ordinance No. 2002-32 and2002-54] 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. • A Preserve Management Plan will be included in the Engineer's plan set at time of SDP. Policy 6.1.6: (re -numbered to reflect merger of Ordinance No. 2002-32 and 2002-541 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 priorto 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, RuralAgricultural; or, land use petitions forwhich 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 w .etefforidaxom Environmental Data for PUDZ contiguous to the existing land fill operations; exotic removal will be required on the entire +/- 360 acres. • The size of the preserve required on the property based on the LDC is 0.11 acres. See Figure 3 above. 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 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. 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.) • 0.11 -acre onsite wetland preserve will be maintained onsite to meet the native vegetation requirements. 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. There are 4.23 -acres of wetlands on the Subject Property. See Figure 3 above. These areas will be field verified by SFWMD staff during the permitting process. Most of the wetland areas were historically excavated below natural grade. 24. Is EAC Review (by CCPC) required? • To be determined at first review. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDZ APPENDIX A Collier County PUDZ Pre -App Notes Earth Tech Environmental, LLC w .eteflorida.com Coiter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUDZ DateandTime: Tuesday 9/4/18 - 9:00 AM Assigned Planner: Timothy Finn Engineering Manager (for PPL's and FP's): ',i, Project Name: Livingston Road-ALF/Residential (PUDZ) PL #: 20180002453 Property I D #: 00196920007 Project Address: Current Zoning: Agricultural City: Naples State: FL Zip: Applicant: Davidson Engineering, Inc. Andrew Rath, Anna Weaver & Jes Agent Name: Harrelson 239-434-6060 Agent/Firm Address: 4365 Radio Rd, Ste 201City: Naples State: FL Zip; 34104 Property Owner: William A Donovan & Patricia Donovan Granados Please provide the following, if applicable: 1. Total Acreage: _i� 7 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/24/2018 Page I, ClarkeThomas From: FinnTimothy S Tuesday, September 04, 2018 10:24 AM 11 ClarkeThomas Subject: FW: PUD District Designations Hi Thomas, Can you forward this email along with the preapp notes to the applicant? Timothy Finn, AICP Principal Planner Coder Co"fity Zoning Division NOTE: New Email Address as of 12/09/2017: Timothy.Finn@colliercountvfl aov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division survey at htta://bit.ly/CollierZoning. r�,wasrs.. RJ. gcf�a.w..r� 5'e -w- 6,e z wcw L. _er Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead, contact this office by telephone or in writing. From: BellowsRay Sent: Tuesday, September 04, 2018 10:20 AM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov>; ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> Subject: PUD District Designations Hi Tim, As a follow-up to your question, I have attached a copy of the LDC provision that provides the standards that identify the type of PUD zoning districts. As noted below, an MPUD contains more than one type of PUD district. Because an ALF is classified as a type of Group Housing which is a "Community Facility.", the correct PUD district designation is MPUD when combined with residential uses. C. PUD districts shall hereafter be established by amendment of the official zoning atlas according to the procedures established in LDC section 10 02.08 and the Administrative Code. The purpose and intent of establishing and identifying the following classifications is to identify a relationship between a proposed PUD and the other zoning districts within this LDC. The goal is to relate the purpose and intent of the PUD zoning district and the uses permitted within a PUD to defined zoning districts within this LDC and to establish appropriate uses and performance standards within this PUD, which are similar to those allowed by the most similar district(s). PUDs shall hereafter be defined by the following districts and shall be referenced as such within the PUD document as follows: 1. Residential planned unit development district. This district is intended to further the general purposr a planned unit development district set forth above as it relates to residential areas. The principal L of any residential planned unit development is for human habitation in permanent and/or seasonal year-round dwelling units. The RPUD district shall be construed to include the following zoning districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF -6, RMF -12, RMF -16, RT, VR, AND MH, 2. Community facilities planned unit development district. This district is intended to accommodate public facilities; institutional uses, open space uses, recreational uses, water -related or dependent uses, and other governmental, religious and community service activities which complement and are necessary to serve other zoning districts. 3. Commercial planned unit development district. This district shall be construed to include the fallowing districts: C-1, C-2, C-3, C-4, C-5, and TTRVC. Accessory uses which may be permitted in the commercial planned unit development district include permanent and/or seasonal human habitation in multiple - family buildings and townhouses, transient housing in hotel or motel rooms, health care facilities, and other limited institutional uses. 4. Industrial planned unit development district. This district is intended to accommodate industrial development. The principal use of any industrial planned unit development is the manufacture of goods, materials and the storage and wholesale distribution of such goods or materials. 5. Airport operations planned unit development district (AOPUD). This district is intended to accommodate and regulate those lands on which public airports and ancillary facilities are to be located. 6. Mixed-use planned unit development district (MPUD). This district is intended to accommodate a planned unit development with more than one type of PUD district The PUD document shall definr the mixture of PUD districts as set forth in this section. Raymond V. Bellows, Zoning Manager Zoning Division - Zoning Services Section Growth Management Department Telephone: 239.252.2463; Fax: 239.252.6350 Co er County Exceeding expectations, every day! Tell us how we are doing by taking our Zoning Division Survey at https://goo.cil/eXivaT. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net Cor County Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Landscape: If Livingston Lakes has a 15' Type 'B' buffer where they abut the subject parcel, the subject parcel may provide a 10' Type W. Otherwise a'B' buffer is required along the East boundary of the subject parcel. Deviation will be required if no buffer is proposed along the South. Please provide photos of the preserve as part of the justification to verify opacity of the preserve. Otherwise, a 10' wide Type 'D' buffer is required. 15' wide Type 'D" along Livingston if greater than 99' right of way. Otherwise, 10' Type V. 15' Type'B' buffer along North 6i Collier C)Unty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a "new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre -app Note - link is httas://www.colliergov.net/Home/ShowDocument?ld=7SO93. t 1 I)L(f,r,_� s Pim 4. i ,FL U E F C A -! Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 4/18/2018 17 Page I'!c—eP5 el Collier County Transportation Planning and PUD Monitoring Pre -App Notes Developer Commitments: PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed _ two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." rs� BVI) CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252.2400 Other required documentation for submittal (not listed on application): Disclaimer Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. It Updated 7/24/2018 Page I 4-cf5' Environmental PUDZ-PUDA Checklist (non -R<' MU) Project Name LIV!tA bAIrD AW&F 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 02 Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 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 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 calculations (LDC 3.05.07.B -D; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H. Lb. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 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). Provide cross-sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) lJ Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10 PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents -P626 {'6 QE DTertmac k wt J4% C16A*A j j DeCymmkA4411J. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves Alternate format. If the agent insists on listing specific uses under Accessory Uses, the following language shall be used for B: B. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Passive uses are subject to LDC section Allowable uses within County required preserves: 1. Pathways 2. Stormwater only when in accordance with the LDC. S 12. Site Plan note when Preserve acts as Landscape Buffer—COORDINATE WITH LANDSCAPE REVIEW. They Will need to request this note be added if applicable. However, please verify the note is provided when applicable to ensure 1) the preserve is protected and 2) the note is correct. Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include tK 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. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 13. PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 14. Review cross-sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Additional Comments: 0 Environmental Data Checklist Project Name bums5.6tJ RoA TLT.LMF The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. 03 Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. Will Stormwater be directed in the wetland preserves? 6. 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. If wetlands will be used for stormwater provide the topo map OProvide 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 08 Provide a survey for listed plants identified in 3.04.03 O9 Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCSoverlay l / / for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation tha, the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. 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. In 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. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. 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. 14. 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. G Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill orjunkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 808 1) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occurjust below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. M FIR.gt DEVCA*how� ordf& 16 Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6. 1.1 (13), if requested. 0 17. 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. Include 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. 18. Identify any Wellfield Risk Management Special Treatment Overlay Zones (W RM -ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 19. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 20. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 21. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 22. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. 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. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Address each one. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 23. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 44. Is EAC Review (by CCPC) required'? {a bE Dt err&wf 44 F40 REVIEW 25. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. A note needs to be added to the MCP and preserve as a buffer needs to be added to the commitments. 26. Additional comments 27. Stipulations for approval (Conditions) l� er� y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20180002453 Collier county contact Information: Name Review Discipline Environmental Review Phone Email david.anthony@colliercountyfl.gov I David Anthony 252-2497 I Summer Araque Environmental Review 252-6290 summer.brownaraque@colliercountyfl.gov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 252-2361 claudine.auclair@colliercountyfl.gov ❑ Steve Baluch _ Transportation Planning stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 252-5782 252_ -2548 252-8773 raymond.bellows@colliercountyfl.gov Laurie Beard _ PUD Monitoring laurie.beard@colliercountyfl.gov Craig.brown@colliercountyfl.gov C g Brown Environmental Specialist _ _ Managing Asst. County Attorney eidiAshton Cicko - Thomas Clarke Operations Coordinator 252-2584 _heidi.ashton@colliercountyfl.gov thomas.Clarke@colliercountyfl.gov ❑ Kay Deselem Zoning Services 252-2586 597-9227 kay.deselem@colllercountyfl,gov____ _ dfey@northcollierfire.com ❑ Dale Fey North Collier Fire ❑ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov F1 Tim Finn, AICP Zoning Division 252-4312 timothy.flnn@colliercountyfl.gov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov _ paula.fleishman@colliercountyfl.gov james.french@colliercountyfl.gov ❑ Paula Fleishman Impact Fee Administration 252-2924 11 James French Growth Management Deputy Department Head 252-57.1.7_ 252-242 252-2434 ❑ Michael Gibbons _ Structural/Residential Plan Review i michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater storm.gewirtz@colliercountyfl.gov nancy.gundiach@colliercountyfl.gov shingson@gnfire.org ❑ Nancy Gundlach,AICP,_PLA Zoning Division 252-2484 774-2800 ❑ Shar Hingson Greater Naples Fire District ❑ John Houldsworth Engineering Subdivision 252-5757 _ john.houldsworth@col_liercountyfl.gov I I Jodi Hughes 11 Alicia Humphries _ Transportation Pathways 252-5744 252-2326 jodi.hughes@colliercountyfl.gov Right -Of -Way Permitting alicia.humphries@colliercountyfl.gov marcia_kendall@colliercountyf_I.gov john.kelly@colliercountyfl.gov gilbert.martinez@colliercountyfl.gov_ thomas.mastroberto@colliercountyfl.gov _❑ Marcia Kendall Comprehensive Planning 252-2387 John Kelly _ Zoning Senior Planner Zoning Principal Planner _ Greater Naples Fire _ Engineering Services _ Development Review Director 252-5719 252-4211 _ J Gil Martinez _ FlThomas Mastroberto ❑ Jack McKenna, P.E. _ I J Matt McLean, P.E. 252-7348 252-2911 jack.mc_kenna@colliercountyfl.gov matthew.mclean@colliercountyfl.gov 252-8279 Updated 7/24/2018 Page 9 Co [i ' County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 11 Michele Mosca, AICP Capital Project Planning 252-244666 _ Addressing ! 252-5519 Development Review - Zoning 252-2313 Stormwater Planning 252-5092 : michele.mosca@colliercount fl.gov a -.. annis.moxam@colliercountyfl.gov Stefanie.nawrocki@colliercountyfl.gov ❑ Annis Moxam ❑ Stefanie Nawrocki LI Richard Orth _ _ 11 Brandy Otero richard.orth@colliercountyfl.gov Transit Utility Impact fees 252-5859 brandy.otero@colliercountyfl.gov brandi.pollard@colliercountyfl.gov ❑ Brandi Pollard 252-6237 ❑ Todd Riggall North Collier Fire 597.9227 triggall@northcollierfire.com ❑ Daniel Roman, P.E. Engineering Utilities 252_-2538_ 252-2905 t_ 1252-2926 _ daniel.roman@colliercountyfl.gov _ brett.rosenblum@colliercountyfl.gov L I Brett Rosenblum, P.E. Development Review Principal Project Manager I. I James Sabo, AICP _ Michael Sawyer _ _ _ Zoning Principal Planner _ Transportation Planning james.sabo@colliergo.net michael.sawyer@colliercountyfl.gov_ l Corby Schmidt, AICP Comprehensive Planning 252-2944 Development Review - Zoning . 252-2460 Architectural Review 252-8523 Zoning Division Operations 252-1042 _ corby.schmidt@colliercountyfl.gov chris.scott@colliercountyfl.gov _ peter.shawlnsky@colliercountyfl.gov camden.smith@colliercountyfl.gov scott.stone@colliercountyfl.gov mark.strain@colliercountyfl.gov mark.templeton@colliercountyfl.gov ❑ Chris Scott, AICP ❑ PeterShawlnsky L Camden Smith CI Scott Stone ❑ Mark StrainHearing Assistant County Attorney ! 252-5740 Examiner/CCPC 252-4446 Landscape Review 252-2475 LlMark Tem letJAICP El Jessica VelascZoning Division Operations Review Comprehensive Planning Future Land Use Consistency _ 252-2584 Jessica.velasco@colliercountyfl.gov jonathan.walsh@colliercountyfl.gov david.weeks@colliercountyfl.gov kirsten.wllkie@colliercountyfl.gov ❑ Jon Walsh, P.Building I I David Weeks, 252-2962 252-2306 n Kirsten Wilkie I Environmental Review 1 252-5518 Ll Christine Willoughby Development Review -Zoning 252-5748 1 christine.willoughby@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email (� Dblc./t., _ Ea.h-1.Tuh �VirDya+t�ri �• C.�Y.FtOr�olA .cL 2ttiti1 j STE-2(O 102rN 7f4i E.vvi,40IV n4k,•1 c J Semc is ie- or .AAA AAJmw eA s rea Qyqesstp. cc.gRooW!xev-r.uAPcesuf.v.e& IarYjrar�—r�sut ff.,.J SA�4bi1 Ili -0 AKool(E,_ — �T ,L / 219-cff- +J Qee %Tl Rios/•mac• CNEMPA6366mo P.A 161-9.3o9 N&qdsoox F .,•erg Jq314601 rw _ N.c,Cl,_- Crto CAO -svo hc�d shrv�rj_ {I J Updated 7/24/2018 7) Page 1-5 of , WK' r Applicont/Agent may also send site Collier County plans or conceptual plans for review in advance if desired. Growth Management Department Zoning Division PL20180002453 — Livingston Road ALF/Residential (PUDZ) PRE -APP INFORMATION Assigned Ops Staff: Tom Clarke Camden Smith,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre -app request Davidson Engineering, Inc. 239-434-6060 • Agent to list for PL# Andrew Rath, Anna Weaver & Jessica Harrelson Davidson Engineering • Owner of property (all owners for all parcels) William A Donovan Patricia Donovan Granados • Confirm Purpose of Pre -App: (Rezone, etc.) Discuss rezone for proposed residential and/or ALF development on the ±7 acre site • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): A rezone with two development options considered: residential or assisted living facility. ALF — 212 units within maximum 0.45 FAR Residential — multifamily, max 12-16 units per acre Details about Project (choose type that applies): PUDZ — is this a phased development and if so what schedule is being proposed? Is the proposal for a specific Tract or addition of a Tract/Use? At this time, the project would not be phased development. This could inl Jude either residential or ALF development. Considering PUD rezone or straight rezone to RMF -12 with CU application if PUD is not allowable at this location. RFQUIRF1) Supplemental Information provided by: Name: Title: Email; Phone: , i,:..i -d Apfls1x17 Zoning Didson • 2800 NoM Horseshoe Dliu e ... a Location. k:\CDES Planning Serv¢es�Cunmall ent 2onB StInformation • Naples, Florida 34104.23&252-2400 • vnvw.mkrgw r*1 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239) 252.6358 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 an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountvfl.jtov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of amendment is necessary ❑ E]why Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1Li Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressinz Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 El Statement of Utility Provisions 1 El Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. ❑ [� ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 El Completed Exhibits A -F (see below for additional information)' ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ Checklist continues on next page July 30, 2018 Page 9 of 11 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collieraov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: (239)252.6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ �y .�I Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each su mi I requirement 'The following exhibits are to be completed on a separate document and attached to the applicdt 0.4 ��a'tket r�yn S Exhibit A: List of Permitted Uses S Exhibit B: Development Standards y. olrow4 9 Exhibit C: Master Plan- See Chapter 3 E. 1, of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS— INDICATE IF THE PETITION NEEDS TO BE ROUTED TO_ THE FOLLOWING REVIEWERS: } School District (Residential Components): Amy Lock_heart Utilities Engineering: Eric Fey Emergency Management: Dan Summers 71 _City of Naples: Robin Singer, Planning Director ❑ Conservancy of SWFL: Nichole Johnson I Parks and Recreation: Other: ASSOCIATED FEES FOR APPLICATION Williams & David Berra_ strict: P-i P. _y___J_--- - x Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre 0 PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 e% Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: p Methodology Review: $500.00, to be paid directly to Transportation at the Methodology Meeting* *Additional fees to be determined at Methodology Meeting. O Minor Study Review: $750.00 o Major Study Review $1,500.00 July 30, 2018 Page 10 of 11 Cather County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliernov.net XLegal Advertising Fees: o CCPC: $1,125.00 0 BCC: $500.00 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX: 1239)252-6358 I I School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee far the 5" and subsequent re -submittal will be accessed at 10% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date July 30, 2018 Page 11 of 11 Environmental Data for PUDZ APPENDIX B Protected Species Survey Earth Tech Environmental, LLC w .eteflorida.com DONOVAN-LIVINGSTON PARCEL Protected Species Survey SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Andrew Saluan `Realty Group AJS Realty Group Inc. „ 4980 Tamiami Trail N #201 Naples, FL 34103 DIL Davidson Engineering 4365 Radio Rd. #201 DAVIDSON Naples, FL 34104 Prepared By: jp0h Tem Earth Tech Environmental, LLC 10600 J Avenue Bonita Springs, FL 34135 239.304.0030 �+ C www.eteflorida.com January 11, 2019 Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................................. 3 2.0 LOCATION......................................................................................................................................3 FLUCCS Map 3.0 SPECIES SURVEY MATERIALS & METHODS...................................................................................3 Figure 5 4.0 EXISTING SITE CONDITIONS..........................................................................................................4 Florida Panther Information 5.0 RESULTS.........................................................................................................................................8 6.0 REFERENCES................................................................................................................................13 EXHIBITS Figure 1 Location Map Figure 2 Aerial with FLUCCS Map Figure 3 FLUCCS Map Figure 4 Transect Map & Field Results Figure 5 Wood Stork Information Figure 6 Florida Panther Information Figure 7 Florida Black Bear Information Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for protected species on the property referred to as the Donovan -Livingston Parcel (Subject Property) prior to development. This assessment was conducted on November 7th, 2018 to evaluate the potential presence of protected species based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. During this assessment, the wetland limits on the Subject Property were flagged and recorded utilizing a hand-held GEO Trimble GPS unit. 2.0 LOCATION The Subject Property is located just east of Livingston Road and approximately 0.27 miles south of Immokalee Road, in Collier County, Florida. Butler Lake Drive runs along the eastern property line. The Subject Property is approximately 7.58 acres based on the property boundary provided by the engineer. See Figure 1 below for a Location Map. 1} TA46AHASSEE I JACKSONVILLE r u- fPE{ITTEERSBUF COLLIER• COUNTY Figure 1. Location Map 3.0 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 2018) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 2 & Earth Tech Environmental, LLC 3 www.eteflorida.com Protected Species Survey 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: 6• "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", May 2017. ❖ "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 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community is searched for the presence or absence of protected species/signs of protected species. This is accomplished using a series of transects throughout each vegetation community (see Figure 4). 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, which are flagged in the field and marked by GPS. Based on the habitat types found on the Subject Property (see Tables 2 & 3) during the initial Environmental Assessment, particular attention was paid to the presence or absence of Big Cypress fox squirrel, Florida bonneted bat, and wood stork. Approximately six (6) man-hours were logged on the Subject Property during this species survey (see Table 1). Table 1. Field Time Spent on the Subject Property Livingston Road/Residential Start End South Undeveloped/Pocket Lake Drive East Date No. Ecologists Man Hours Task Time Time Species Survey Fieldwork/Wetland November 7, 2018 10:00 am 1:00 pm 2 6.0 Flagging 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the high 80's with scattered cloud cover. The Subject Property isvacant and densely vegetated consisting of wetland communities, open man-made water bodies, upland communities surrounding the water bodies, and multiple berms running across the property. Extensive exotic vegetation is present along a majority of the property boundaries and in scattered areas throughout the interior of the property. The Subject Property is bordered by roadways to the north, west, and east. The Subject Property has the following surrounding land uses: West Livingston Road/Residential North Residential South Undeveloped/Pocket Lake Drive East Butler Lake Drive/Residential Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 2 and 3). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council's (FLEPPC) list of invasive species contains Category 1 species that may be found on the Subject Property. Category 1 species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesar weed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figures 2 and 3. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub -canopy. Figure 2. Aerial with FLUCCS Map Earth Tech Environmental, LLC www.eteflorida.com eu�elenn.e.n,mown.wisa mm w.xw. e.a�.e�ro. I ,so wo w.. Protected Species Survey 74 0 11 7U DO 21 VAc 12, L' 624 E2 IN [= w P" FWCCB M.PPIna x, Xy.n.nruNnP.{p' POCKET LAKE DR _ sxo.amwu.. .nFa. w.....w. r..• ..o-1 ..ax,xseRo.mm.�m x us.ZI.wm.IA— Figure 3. FLUCCS Map The following table is summary of FLUCCS communities and corresponding acreages: EI = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Table 2. Acreage per FLUCCS Community FLUCCS CODE DESCRIPTION ACREAGE 422H Hydric Brazilian Pepper 1.74 520 Borrow Area 1.42 624-E2 Cypress — Pine — Cabbage Palm (26-50% Exotics) 1.09 631-E4 Wetland Scrub (>75% Exotics) 0.21 740H Hydric Disturbed Land 1.19 743 Vegetated Spoil Area 1.92 Site Total: 7.58 EI = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey FLUCCS 422H, Hydric Brazilian Pepper This community is located in the northern portion of the property. It contains undulating topography with nearly complete coverage of Brazilian pepper (Schinus terebinthifolia). Scattered swamp fern (Blechnum serrulatum) and coastal plain willow (Salix caroliniana) were observed closer to the water's edge. Nearly a foot of standing water was observed flooding this area from the barrow area to the south. FLUCCS 520, Borrow Area These areas contain excavated borrow areas scattered throughout the property containing deep water. The ponds in the southeast are covered by water lettuce (Pistia stratiotes). This community should be considered Other Surface Water (OSW) by the SFWMD. FLUCCS 624-E2, Cypress — Pine — Cabbage Palm (26-50% Exotics) This community is found in the southeast and south-central portion of the property. It contains scattered slash pine (Pinus elliottii) and cabbage palm (Sabal palmetto), coastal plain willow, cypress (Taxodium distichum), popash (Froxinus caroliniana), wax myrtle (Myrica cerifera), buttonbush (Cephalanthus occidentalis), and alligator flag (Thalia geniculate). Exotic coverage is low in these areas. FLUCCS 631-E4. Wetland Scrub 05% Exotics) This small community is found in the center of the property. It contains willow, dog fennel (Eupotorium capillifolium), buttonbush, shrubby false buttonweed (Spermicoce verticillate), maidencane (Panicum hemitomon), and dense melaleuca (Melaleuca quinquenervia). FLUCCS 740H, Hydric Disturbed Land This community is found in the central portion of the property, as well as along the west -central boundary. These areas were historically cleared, partially excavated and are recruiting naturally, primarily with maidencane and melaleuca in the central portion, and willow, laurel oak (Quercus laurifolia), swamp fern, Brazilian pepper, and scattered earleaf acacia (Acacia auriculiformis) in the western portion. FLUCCS 743, Vegetated Spoil Area This community is found primarily in the southern portion of the property surrounding the larger water bodies. It consists of undulating topography with scattered cabbage palm, sparse slash pine, a variety of oaks, and is heavily invaded with exotic vegetation. Exotics include Brazilian pepper, earleaf acacia, and scattered melaleuca. These areas were possibly utilized for fill placement of excavated material from borrow areas. The various protected species which may occur in the corresponding FLUCCS communities are shown below in Table 3. Earth Tech Environmental, LLC www.eteflorida.com Table 3. Protected Species List According to FLUCCS Category FLUCCS Potential Listed Species Scientific Name Designated Status FWC or FDA FWS 422 NONE 520 Everglades Mink Mustela vison evergladensis T - Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Snail Kite Rorstrhamussociabilis E E Tricolored Heron Egretto tricolor T 624 American Alligator Alligator mississi iensis SSC T S/A Everglades Mink Mustela vison evergladensis T Florida Bonneted Bat Floridanus eumo s E Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Florida Panther Fells concolorcori E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork M cteria americana T T 631 American Alligator Alligator mississi iensis SSC T S/A Everglades Mink Mustela vison ever ladensis T - Florida Panther Floridanus eumo s E - Little Blue Heron Fells concolor coryi E E Tricolored Heron Egretta caerulea T - Wood Stork Egretta tricolor T - 740 Burrowing Owl S eotyto cunicularia T - Go her Tortoise Go herus pol phemus T - 743 Gopher Tortoise Go herus polyphemus T - Abbreviations Agencies: Status: FDA= Florida Department of Agriculture and Consumer Services CE= Commercially Exploited FWC= Florida Fish & Wildlife Conservation Commission E= Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T=Threatened T(SIA) = Threatened/Similarity of Appearance 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 4 below for transect and field results. Figure 4. Transect Map & Field Results Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Table 4. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property Common Name Scientific Name Observations Listed Species? Status Birds OH = Observed Hole/Burrow FE = Federally Endangered DV = Direct Visual Anhinga Anhin o anhin a DV N Little Blue Heron E retta caerulea DV Y T Red -Bellied Woodpecker Melaner es carolinus DV N - Mammals NONE Reptiles Brown Basilisk Basiliscus vittatus DV N - Florida Box Turtle Terra ene caroling baud R N - BrownAnole Analis sagrei DV N - Am hibians NONE Plants Common Wild Pine* I Tillandsia fasciculata DV Y E * = protected species Abbreviations Observations: Observations: Status: C= Cavity N = Nest CE = Commercially Exploited DB = Day Bed OH = Observed Hole/Burrow FE = Federally Endangered DV = Direct Visual OT = Observed Tracks FT = Federally Threatened HV = Heard Vocalization(s) R = Remains SSC= Species of Special Concern MT=Marked Tree S=Scat ST= State Threatened Below are discussions of each listed species observed on the Subject Property: Listed Plants Common wild pine (Tillandsia fasciculata) was observed on the Subject Property. Typically, individual plants are relocated from proposed impact areas into onsite (or offsite) preserves prior to construction. The site does have community types in which protected species would likely reside. During permitting, the following listed species concerns may be raised by the agencies: Florida Bonneted Bat (Eumoos floridana) The Subject Property contains habitat that could be utilized by the Florida bonneted bat. During the species survey, no potential cavities were observed on the property. During permitting activities, the US Fish & Wildlife Service (USFWS) may require acoustic surveys to further determine presence or absence of Florida bonneted bat roosts or foraging. Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey MYF, .1410 # � r►t►a7,��a �a • ern �i � Fi I �� oil ION r •�, l Figure S. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property falls within the core foraging area (estimated 18.6 miles) of one (1) wood stork colony in Collier County. See Figure 5 above for wood stork colony and foraging information as it relates to the Subject Property. Consultation with USFWS may be necessary for wood stork on the property. Earth Tech Environmental, LLC www.eteforida.com 10 Protected Species Survey Figure 6. Florida Panther Information Florida Panther (Felis concolor corvi) The Subject Property does not fall within the US Fish & Wildlife Service (USFWS) Florida panther consultation area and no telemetry points from tracked panthers were identified within a 2 -mile radius of the property. See Figure 6 above for Florida panther information as it relates to the Subject Property. Consultation with the USFWS will likely not be necessary for Florida panther and mitigation will likely not be required for impacts to panther habitat. Earth Tech Environmental, LLC 11 www.eteflorida.com �INIfX II C t�• ,..JUL , Figure 6. Florida Panther Information Florida Panther (Felis concolor corvi) The Subject Property does not fall within the US Fish & Wildlife Service (USFWS) Florida panther consultation area and no telemetry points from tracked panthers were identified within a 2 -mile radius of the property. See Figure 6 above for Florida panther information as it relates to the Subject Property. Consultation with the USFWS will likely not be necessary for Florida panther and mitigation will likely not be required for impacts to panther habitat. Earth Tech Environmental, LLC 11 www.eteflorida.com Protected Species Survey Figure 7. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat with numerous black bear -related calls falling within one mile of the property. The County may require the Client to implement FWC-approved bear -proof waste receptacles on the property. Earth Tech Environmental, LLC 12 www.eteflorida.com o ° 0. o 0 ° < 0 p ° o ;i �. tr 0 11 p 0 o o g o 1 b , o�♦' m I B %�°°° .%0 °o o .:,- ° I ° IMMOMLEERO ° ° o o - N SUBJECT PROPERTY z i it ° m o° 0 4 ° 00 °� r p to 011p'� I b 00067 \ o O MEI T_. • ,IF _ a o � 00 ° Bol p 00 9a oSgea emprlY VANDERBILTBEACM poo O �Q °° b� • Bbex Bea[TelMleby M _ p 4 r 1 e O p0 0 0 O °O O O 9ra[k Cen RNehA CBILL In FIMEa T`0 ° • obex 0 MenMln Leulbns 8hso 0 0 8 Bleek Rear Poaanu MAWW.1 l o E° common 'oi ° 8 0 $BOD 9. -- Cc.alenal ° 9 o 2500 5.000 �e I ;o,000 Figure 7. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat with numerous black bear -related calls falling within one mile of the property. The County may require the Client to implement FWC-approved bear -proof waste receptacles on the property. Earth Tech Environmental, LLC 12 www.eteflorida.com Protected Species Survey 6.0 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, lames; 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/suool/10.3996/062015-JFWM-055/suppl file/062015-6fwm- 055.s2. pdf?code=ufws-site "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated May 2017. http://mvfwc.com/media/151525l/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. htto://www.fdot.gov/geospatia I/documentsandpubs/fluccmanua l l999.pdf http://www.fdot.gov/geospatial/doc pubs.shtm Weaver, Richard E. and Anderson, Patti J. "Notes on Florida's Endangered and Threatened Plants." Bureau of Entomology, Nematology and Plant Pathology— Botany Section. Contribution No. 38, 5"' Edition. 2010, http://freshfromflorida.s3.a mazonaws.com/fl-endangered-plants.odf http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomologv-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants U.S. Fish & Wildlife Service website. htto://www.fws.gov Earth Tech Environmental, LLC 13 www.eteflorida.com APPENDIX C Florida Bonneted Bat Acoustic Foraging Survey Earth Tech Environmental, LLC Environmental Dal. for PUDZ DONOVAN-LIVINGSTON PARCEL Florida Bonneted Bat Acoustic Foraging Survey SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: U.S. Army Corps of Engineers 1520 Royal Palm Square Blvd. #310 Fort Myers, FL 33905 U.S. Fish & Wildlife Services (USFWS) South Florida Ecological Services Field Office 13392 oth Street AL I Vero Beach, FL 32960 Prepared By: 90h Tee, Earth Tech Environmental, LLC • Bonita Springs, Avenue Bonita Springs, FL 34135 239.304.0030 8m�.�.r..LC www.eteflorida.com January 11, 2019 Florida Bonneted Bat Acoustic Foraging Survey TABLE OF CONTENTS 1.0 INTRODUCTION...............................................................................................................................3 Figure 2 2.0 LOCATION........................................................................................................................................ 3 3.0 EXISTING SITE CONDITIONS.............................................................................................................3 Figure 5 4.0 FLORIDA BONNETED BAT (Eumops floridanus)...............................................................................5 5.0 SURVEY MATERIALS & METHODS....................................................................................................6 5.1 Cavity Survey Methodology............................................................................................................. 6 5.2 Acoustic Survey Methodology......................................................................................................... 6 6.0 RESULTS...........................................................................................................................................7 6.1 Cavity Survey Results...................................................................... 6.2 Acoustic Survey Results.................................................................. 7.0 CONCLUSIONS................................................................................ 8.0 REFERENCES.................................................................................... EXHIBITS Figure 1 Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map Figure 4 Florida Bonneted Bat Consultation and Focal Area Figure 5 Acoustic Survey Location Map ................................................ 7 ................................................ 7 ..............................................10 ..............................................11 Earth Tech Environmental, LLC www.eteflorida.com Florida Bonneted Bat Acoustic Foraging Survey 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for potential Florida bonneted bat (FBB) (Eumops floridanus) cavities/roost sites on the property referred to as the Donovan -Livingston Parcel (Subject Property) prior to development. See Figure 1 for a Location Map. A formal Protected Species Survey was conducted by ETE in November 2018. The Subject Property falls within the United States Fish and Wildlife Service's (USFWS) FBB consultation area. 2.0 LOCATION The Subject Property is located just east of Livingston Road and approximately 0.27 miles south of Immokalee Road, in Collier County. Butler Lake Drive runs along the eastern property line. Based on the engineer -provided property boundary, the Subject Property is approximately 7.58 acres. {-� //�� TALLAHASSEE ( I l EARWATI R �W PETERSBURG _p ,w 1 T LI— ECORA� �•.. _. Lc ONE PINEf COLLIER \ COUNTY `\ i i Figure 1. Location Map 3.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the low 80's with partly cloudy conditions. The Subject Property is vacant and densely vegetated consisting of primarily wetland communities with isolated upland areas. Extensive exotic vegetation is present along a majority of the property boundaries and in scattered areas throughout the interior of the property. The Subject Property is bordered by roadways to the north, east, and west. An aerial map of the property can be seen below in Figure 2. Earth Tech Environmental, LLC 3 www.eteflorida.com The Subject Property has the following surrounding land uses: West Livingston Road/Residential North Undeveloped/Pocket Lake Drive South Residential East Residential Li E-1-1 !!a V�,nIL. Z,2_._ Figure 2. Aerial Map Florida Bonneted Bat Acoustic Foraging survey T-- 6 ® Subject Property Listed below is a summary of the FLUCCS communities identified on the site and the corresponding acreage (see Table 1). The communities correspond to the mappings on the FLUCCS map below (Figure 3). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Exotic Pest Plant Council's (FLEPPC) list of invasive species contains Category I species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FLEPPC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, and melaleuca. Levels of exotic density were mapped by using field observations and photo interpretation as shown on the attached FLUCCS maps. Modifiers, or "E" designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub -canopy. Earth Tech Environmental, LLC 4 www.eteflorida.com Florida Bonneted Bat Acoustic Foraging survey Figure 3. FLUCCS Map The following table is summary of FLUCCS communities and corresponding acreages: E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover 4.0 FLORIDA BONNETED BAT (Eumops floridanus) The FBB was listed as endangered under the Endangered Species Act of 1973 by the US Fish & Wildlife Service (USFWS) on November 1, 2013. The Subject Property falls within the United States Fish and Wildlife Service's FBB consultation area (See Figure 4). Earth Tech Environmental, LLC www.eteflorida.com Table 1. Summary of Acreage per FLUCCS Community FLUCCS CODE DESCRIPTION ACREAGE 422H Hydric Brazilian Pepper 1.74 520 Borrow Area 1.42 624-E2 Cypress — Pine — CabbaePalm(26-50%Exotics) 1.09 631-E4 Wetland Scrub (>75% Exotics) 0.21 740H Hydric Disturbed Land 1.19 743 Vegetated Spoil Area 1.92 Site Total: 7.58 E1 = Exotics <25% of total cover E2 = Exotics 26-50% of total cover E3 = Exotics 51-75% of total cover E4 = Exotics >75% of total cover 4.0 FLORIDA BONNETED BAT (Eumops floridanus) The FBB was listed as endangered under the Endangered Species Act of 1973 by the US Fish & Wildlife Service (USFWS) on November 1, 2013. The Subject Property falls within the United States Fish and Wildlife Service's FBB consultation area (See Figure 4). Earth Tech Environmental, LLC www.eteflorida.com Florida Bonneted Bat Acoustic Foraging Survey fIJIJ V I `l SUBJECT PROPERTY i 1 I� OSubJect Prope�iy Bonneted Bal omeullauon Area L ZI Bonneted Bat Fi cal Area Figure 4. Florida Bonneted Bat Consultation and Focal Area 5.0 SURVEY MATERIALS & METHODS The following section describes the methods and materials utilized by ETE to conduct a tree cavity survey as well as acoustic foraging survey. 5.1 Cavity Survey Methodology In the field, each habitat community on the Subject Property is searched for all potential roost locations/cavities. 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. If any suspected cavities were identified, they were initially evaluated for activity by looking for the presence of guano and noise associated with roost chatter. Each suspected cavity was flagged, numbered, and recorded utilizing a Trimble GPS for identification during the PSS. Any suspected cavities are then peeped using a pole mounted wireless cavity inspection camera and the contents of each cavity are documented. All potential cavities are peeped in a single day. 5.2 Acoustic Survey Methodology Acoustic surveys are used to determine the presence of the FBB based on their specific foraging call signature. Locations for the acoustic survey were determined based on acreage in order to optimize coverage of the Subject Property. --------- -- — -------- -------- — Earth Tech Environmental, LLC www.eteflorida.com 6 Florida Bonneted Bat Acoustic Foraging Survey Bat detector recording boxes were attached to trees while the external microphones were attached to 10 -foot poles and oriented towards areas with increased likelihood of bat foraging (areas such as wetlands, ponds, and sections of forest with open canopy). Two (2) Wildlife Acoustics SM46at Zero - Crossing bat detectors with external ultrasonic microphones, as well as one (1) Song Meter ZC with an internal ultrasonic microphone were used to conduct the survey. The ultrasonic microphones were calibrated using the Wildlife Acoustics Ultrasonic Calibrator prior to initial deployment. Each station was programed to record from sunset to sunrise for four consecutive nights. If nightly low temperatures dropped below 60 degrees Fahrenheit, then another night of sampling was added to those stations. Data analysis of the recordings was conducted using the automatic Bat ID feature of the Wildlife Acoustics software program Kaleidoscope Pro. Within Kaleidoscope Pro, the classifier "Bats of North America 4.2.0" for the Florida region was used with the "-1 More Sensitive (Liberal)" setting. A spreadsheet assigning a probable species (Auto ID) based on known call frequencies is generated. 6.0 RESULTS The following section describes the results of the cavity survey and acoustic survey. 6.1 Cavity Survey Results The canopy level trees were visually inspected on the Subject Property; no cavities were noted during this survey. 6.2 Acoustic Survey Results Bats commonly exhibit a call frequency between 9 kHz and 120 kHz. The Florida bonneted bat is unique because their call frequency falls on the lower end of the frequency spectrum. Four (4) nights of sampling between 11/19/18 and 11/22/18 at each location yielded 4,991 data files/calls. Acoustic survey locations and direction can be seen in Figure 5. Earth Tech Environmental, LLC www.eteflorida.corn Ill F n+aN saki Florida Bonneted Bat Acoustic Foraging Survey Figure S. Acoustic survey Location Map Based on the Auto ID from the Kaleidoscope Pro spreadsheet, seven (7) species of bat were detected. The percentage of each specie's calls can be found in Table 2 below. Due to the similarity of call frequencies among bat species, some calls were likely misidentified. Bats within the same genus but separate species have calls that are indistinguishable within the software. Horay bat detections are most likely the northern yellow bat or Seminole bat, which are all in the genus Lasurius. Horay bats are not known to inhabit southern Florida; however, yellow bats and Seminole bats do inhabit southern Florida. Earth Tech Environmental, LLC 8 www.eteflorida.com Table 2. Acoustic Survey Results Common Name Scientific Name p of Calls % of Total Calls Big Brown Bat Eptesicus uscus 1 0.04 Florida Bonneted Bat Eumo s loridanus 3 0.13 Horay Bat Lasiurus cinereus 1619 72.47 Northern Yellow Bat Lasiurus intermedius 19 0.85 Silver -Haired Bat Lasion cteris noctivagans 55 2.46 Evening Bat N cticeius humeralis 3 0.13 Mexican Free -Tailed Bat Tadorida brosiliensis 534 1 .90 Due to the similarity of call frequencies among bat species, some calls were likely misidentified. Bats within the same genus but separate species have calls that are indistinguishable within the software. Horay bat detections are most likely the northern yellow bat or Seminole bat, which are all in the genus Lasurius. Horay bats are not known to inhabit southern Florida; however, yellow bats and Seminole bats do inhabit southern Florida. Earth Tech Environmental, LLC 8 www.eteflorida.com Florida Bonneted Bat Acoustic Foraging Survey Three (3) FBB (EUMFLO) calls were auto -identified by Kaleidoscope Pro. A table of the station number, date, time, number of pulses, and the pulse match ratio can be found in Table 3 below. *The Auto -ID with Kaleidoscope Pro breaks down the results by number of pulses and the number of matching pulses for each file. Table 4. Sunrise & Sunset Table 3. Florida Bonneted Bat Calls Detected During Acoustic Survey FL November 19-22, 2018 Station Call Number Date Time Auto ID* Pulses Matching Match Ratio N 1 1 11/19/2018 18:14:52 EUMFLO 3 0 0 1 2 11/19/2018 19:48:29 EUMFLO 6 2 33 1 3 11/20/2018 3:29:56 EUMFLO 2 0 0 *The Auto -ID with Kaleidoscope Pro breaks down the results by number of pulses and the number of matching pulses for each file. Table 4. Sunrise & Sunset Times in Naples, FL November 19-22, 2018 Date Sunrise Sunset 11/19/2018 06:49 17:36 11/20/2018 06:50 17:36 11/21/2018 06:51 17:36 11/22/2018 06:51 17:36 The data obtained from the table above indicates a zero (Call #1 and 3) to low (Call #2) match ratio for the FBB. In an acoustic foraging survey of the FBB, Braun de Torez et al., 2017 created a methodology to separate positive ID calls from false positives and poor -quality bat calls. Their methodology required any positive Auto ID file to have five (5) or more pulses and a match ratio of 75% or more of those pulses. If this methodology is followed for the Subject Property, none of the recorded calls identified as FBB would be considered a positive identification. All FBB calls occurred at Station 1, which was the station closest to Livingston Road. The spectrographs for the three (3) FBB calls identified by Kaleidoscope Pro are shown below. These calls are not thought to be true FBB calls, but noise created by insects or surrounding anthropogenic sources. Image Ia. Uncompressed view of Call Number 1 Image 1b. Compressed view of Call Number 1 Earth Tech Environmental, LLC www.eteflorida.com Florida Bonneted Bat Acoustic Foraging Survey The spectrograph of Call #1 is part of a longer eight second audio file. The white dots within the spectrograph (compressed view) are the hits in frequency Kaleidoscope Pro identified as FBB. The sound in the file is very repetitive and the identified calls have a flat shape, unlike bat calls. Image 2. Compressed view of Coll Number 2 The spectrograph of Call #2 is a compressed view of all identified portions of a 15 second audio file. The white dots within the spectrograph (compressed view) are the hits in frequency Kaleidoscope Pro identified as FBB. The call shapes are inconsistent and non -indicative of bat calls. Image 3. Compressed view of Coll Number 3 The spectrograph of Call #3 is a compressed view of a 0.3 second call. The white dots within the spectrograph (compressed view) are the hits in frequency Kaleidoscope Pro identified as Florida bonneted bat. There are two pulses identified by Kaleidoscope (the white dotted lines) but were not classified as matching pulses by the software. 7.0 CONCLUSIONS Since no cavities were noted during the visual survey and based on the acoustic monitoring analysis data, it is the opinion of ETE that the Subject Property is not utilized by the Florida bonneted bat. Earth Tech Environmental, LLC www.eteflorida.com 10 Florida Bonneted Bat Acoustic Foraging Survey 8.0 REFERENCES Belwood,l.1. 1981. Wagner's mastiff bat, Eumops glaucinus floridanus (Molossidae) in southwestern Florida. Journal of Mammalogy 62(2):411-413 Belwood, J.J. 1992. Florida mastiff bat Eumops glaucinus floridanus. Pages 216-223 in S.R. Humphrey (ed.), Rare and Endangered Biota of Florida. Vol. I. Mammals. University Press of Florida. Gainesville, Florida. Best, T.L., W.M. Kiser, and J.C. Rainey. 1997. Eumops glaucinus. Mammalian Species 551:1- 6. Florida Bat Conservancy. 2005. Florida bonneted bat (Eumops floridanus). Bay Pines, Florida http:/Jwww.floridabats.org/Species EUFL.htm Braun de Torrez, E. C., Wallrichs, M. A., Ober, H. K., & McCleery, R. A. (2017). Mobile acoustic transects miss rare bat species: implications of survey method and spatio-temporal sampling for monitoring bats. Peerl, 5, e3940. Collier County Property Appraiser. http://www.collierappraiser.com Florida Bat Conservancy. Echolocation. January 11, 2019. https://www.floridabats.ore/echolocation.htmi "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated May 2017. http://mvfwc.com/media/151525I/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Fish and Wildlife Conservation Commission. 2011a. Florida bonneted bat biological status review report. March 31, 2011. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatia I/docu mentsa n d pu bs/fl uccm a n u a l 1999. pdf http://www.fdot.gov/geospatial/doc pubs.shtm Florida Natural Areas Inventory. 2012. FNAI - element tracking summary. Tallahassee, Florida. June 20, 2012. http://www.fnai.arg/trackinglist.cfm [Accessed: July 10, 2012]. Gore, J., C. Marks, and H. Ober. 2010. Biological status review information findings - Florida bonneted bat (Eumops floridanus). In: Florida bonneted bat biological status review report. March 31, 2011. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Lewis, S.E., 1995. Roost fidelity of bats: a review. Journal of Mammalogy, 76(2), pp.481-496. Marks, G.E. and C.S. Marks. 2008a. Status of the Florida Bonneted Bat (Eumops floridanus). Earth Tech Environmental, LLC 11 www.eteflorida.com Florida Bonneted Bat Acoustic Foraging Survey Submitted by George E. Marks and Cynthia S. Marks of the Florida Bat Conservancy for the U.S. Fish and Wildlife Service under grant agreement number 401815G192. January 31, 2008. Florida Bat Conservancy. Bay Pines, Florida. McDonough, M.M., L.K. Ammerman, R.M. Timm, H.H. Genoways, P.A. Larsen, and R.J. Baker. 2008. Speciation within bonneted bats (Genus Eumops): the complexity of morphological, mitochondrial, and nuclear data sets in systematics. Journal of Mammalogy 89(5):1306-1315 Morrison, D.W. 1979. Apparent male defense of tree hollows in the fruit bat, Artibeus jamaicensis. Journal of Mammalogy 60(1):11-15. Owre, O.T. 1978. Status undetermined, Florida mastiff bat, Eumops glaucinus floridanus. Pages 43-44 in J.N. Layne (ed.), Rare and Endangered Biota of Florida. Volume 1. Mammals. University Presses of Florida, Gainesville, Florida. Timm, R.M., and H.H. Genoways. 2004. The Florida bonneted bat, Eumops floridanus (Chiroptera: Molossidae): distribution, morphometrics, systematics, and ecology. Journal of Mammalogy 85(5):852- 865. Timm, R. 2008a. Email to Paula Halupa. University of Kansas. Natural History Museum and Biodiversity Research Center, Department of Ecology and Evolutionary Biology. Lawrence, Kansas. January 29, 2008. Timm, R. 2008b. Email to Paula Halupa. University of Kansas. Natural History Museum and Biodiversity Research Center, Department of Ecology and Evolutionary Biology. Lawrence, Kansas. May 28, 2008. Timm, R. 2009. Email to Paula Halupa. University of Kansas. Natural History Museum and Biodiversity Research Center, Department of Ecology and Evolutionary Biology. Lawrence, Kansas. December 31, 2009. Timm, R. 2012. Email to Paula Halupa. University of Kansas. Department of Ecology and Evolutionary Biology and Biodiversity Institute. Lawrence, Kansas. January 1, 2012. Timm, R. and J. Arroyo-Cabrales. 2008. Eumops floridanus. In: IUCN 2011. IUCN Red List of Threatened Species. Version 2011.2. Downloaded on 11 April 2012. Wilkinson, G.S., and J.M. South. 2002. Life history, ecology and longevity in bats. Aging Cell 1:124-133. Earth Tech Environmental, LLC www.eteflorida.com 12 Environmental Data for PUDZ APPENDIX D Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com Andrew McAuley Environmental Scienti, andrewm@eteflorida.com 516.647.9699 Years' Experience 9 years Education/Training B.S. Geology Hofstra University (2006) Lamont -Doherty Earth Observatory Intern (2004) Professional Affiliations Florida Association of Environmental Professionals (FAEP) Mr. McAuley joined Earth Tech Environmental, LLC (ETE) in 2017 and brings with him 8 years of experience working as a Hydrogeologist II and Environmental Consultant in New York State prior to moving to Florida. Since joining ETE he has been able to apply his past experience from New York on a variety of projects as well as become extensively familiar with Ecological based assessments. Relevant Experience Andrew graduated from Hofstra University with a Bachelor of Science Degree in Geology. His extensive background includes Phase I ESAs, Phase II and Phase III remedial activities, AST/ UST removal, Groundwater/Soil/Indoor Air Quality sampling and reporting, Mold/Lead/Asbestos sampling and remedial protocol preparation. Mr. McAuley has overseen various projects including Brownfields sites, Landfill Gas Extraction System Installation, Monitoring Well/ Remediation System Installation and Maintenance, and multiple Chemical/Petroleum/Bio-Hazard Waste Cleanup projects. Andrew's work experience includes: Phase I Environmental Site Assessments Phase II ESA Sampling/Reporting Phase III ESA Oversight/Reporting Chemical/Petroleum/Bio-Hazard Cleanup Monitoring Well Installation/Maintenance Air-Sparge/Soil Vapor Extraction Systems Groundwater Assessments Indoor Air Quality Assessments Contaminated Soil Assessments Waste Classification Management Turbidity Monitoring Remedial Activity Oversight Mold/Lead/Asbestos Assessments AST/UST Removal Project Management/Coordination Wetland Jurisdictional Delineations Wetland Flagging/Mapping Vegetation Monitoring Protected Species Surveys Bonneted Bat Surveys Gopher Tortoise Surveys GIS Mapping Bald Eagle Monitoring Environmental Assessments Environmental Resource Permitting Exotic Plant Treatment/Removal Mangrove Monitoring/Reporting SFWMD & ACOE Permitting Submerged Resource Surveys Seagrass Surveys Relevant Certifications/Credentials SDI Open Water SCUBA Diver, SCUBAdventures, 2018 Nitrox Certified Diver, SCUBAdventures, 2018 239.304.0030 1 s�avw_.etetlixldlz.coni �atth Teoh • Enylmnmenlel, LLC JENNIFER BOBKA Ms. Bobka joined Earth Tech Environmental LLC in 2016 as an Ecologist with more than 6 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills Ecologist duties in environmental consulting, wetland & wildlife monitoring, species surveys, GIS mapping, Phase I Environmental Site Assessments, and ERP permitting. lenniferb@eteflorida.com 406.579.4616 Years' Experience 7 years Education/Training B.A. Environmental Studies Montana State University (2009) Marine Biology & Coastal Ecology Study Abroad Costa Rica (2007) Python Responder The Nature Conservancy (2015) Sawyer Training US Forest Service (20 10) Professional Affiliations Florida Association of Environmental Professionals League of Environmental Educators of Florida Relevant Experience Jennifer has worked as a Naturalist for a non-profit in Collier County, a Manatee Research Intern with Florida Fish & Wildlife Conservation Commission in Palm Beach, and a Field Crew Leader for Montana Conservation Corps. 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, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Certified Interpretive Guide. Jennifer's work experience includes: Vegetation and Habitat Mapping Bald Eagle Monitoring Shorebird Surveys Burrowing Owl Surveys Gopher Tortoise Surveys and Relocation Submerged Resource Surveys Turbidity Monitoring Seagrass Surveys Protected Species Surveys Invasive and Exotic Species Removal Wildfire Assessments Wetland Jurisdictional Delineations Monitoring Well Installation GIS Mapping Phase I Environmental Site Assessments Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Mechanical and Manual Forest Fuel Reduction Small Watercraft Operations Ecological Restoration Environmental Education and Outreach Relevant Certifications/Credentials Florida Master Naturalist Wetlands & Coastal Modules, IFAS. 2018 Nitrox Certified Diver. SCUBAdventures. 2018. Certified Interpretive Guide, National Association of Interpretation. 2016 PAD[ Open Water SCUBA Diver, SCUBA Outfitters of Naples. 2012. Wilderness First Responder, SOLO Schools. 2009 239.304.0030 1 www.eteflorida.com Vtth 7'9 04 19 Emimmenlel, LLC Environmental Data for PUDZ APPENDIX E Historic Aerial Photographs Earth Tech Environmental, LLC www.eteflorida.com Historical Aerial Photograph Report Subject Property: Parcel ID: 00196920007 Collier County, Florida Prepared For: Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 Prepared By: .��DM Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 September 4, 2018 ,XDM September 4, 2018 Andrew McAuley Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 Subject: Historical Aerial Photos-- EDM Project #: 24538 Client Project# Dear Mr. McAuley: Environmental Data Management, Inc. 2840 West Bay Drive, Suite 208 Largo, Florida 33770 (727)586-1700 http://w .edm-net.com Thank you for choosing Environmental Data Management, Inc. The following report contains a series of Historical Aerial Photographic images for the following location: Parcel ID: 00196920007 Collier County, Florida 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. I IL114 4 14 m I WF�d WIIIIIIIIIIIIIII pr 4" ,:XDM Aerial Photo Image 2006 5—.- F/M/n lHpxelmenlfTeruPwlWlon __ _._ _ __ MVSea Pr MBeundnrisw A/p di * Approximate Site Location Parcel ID: 00196920007 Collier County, Florida EDM Job No: 24538 September 4, 2018 ,ADM Aerial Photo Image 1985 N W+E vs 5uanv: rlmA MNnwrnl!]'nwpanYbn MVS� wWPra"Bave draw APPwai Approximate Site Location Parcel ID: 00196920007 Collier County, Florida EDM lob No: 24538 September 4, 2018 I I 4s yr, Environmental Data for PUDZ APPENDIX F Limited Soils Sampling Report Earth Tech Environmental, LLC www.eteflorida.com DONOVAN-LIVINGSTON PARCEL Limited Soil Sampling Report SECTION 30, TOWNSHIP 48S, RANGE 26E COLLIER COUNTY, FLORIDA Prepared For: AJS Realty Group Inc. 4980 Tamiami Trail N #201 Naples, FL 34103 Prepared By: ,tth rem Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 E I mwK LLC www.eteflorida.com LIMITED SOIL SAMPLING REPORT September 25, 2018 Mr. Andrew Saluan AJS Realty Group Inc. 4980 Tamiami Trail N #201 Naples, FL 34103 RE: Donovan -Livingston Parcel Dear Mr. Saluan, Earth Tech Environmental, LLC is pleased to submit this Limited Soil Sampling Report for the referenced property. As requested, the report summarizes soil sampling in order to meet Collier County Land Development Code (LDC) requirements 3.08.00A.4.d.ii. This soil sampling was conducted in material compliance with the Florida Department of Environmental Protection's Standard Operating Procedures. Please feel free to contact us if you have any questions. Andrew McAuley, Environmental Scientist Earth Tech Environmental, LLC Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com LIMITED SOIL SAMPLING REPORT TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................................... 4 1.1 Purpose.............................................................................................................................................4 1.2 Scope of Services..............................................................................................................................4 1.3 Limitations and Exceptions...............................................................................................................5 1.4 User Reliance....................................................................................................................................5 2.0 SITE DESCRIPTION................................................................................................................................5 2.2 Site and Vicinity General Characteristics..........................................................................................5 3.0 FIELDWORK METHODOLOGY..............................................................................................................6 3.1 Sampling Methodology....................................................................................................................6 3.2 Compliance.......................................................................................................................................6 4.0 LABORATORY RESULTS........................................................................................................................7 4.1 Tests Performed...............................................................................................................................7 4.2 Results..............................................................................................................................................7 5.0 CONCLUSIONS....................................................................................................................................11 6.0 ENVIRONMENTAL PROFESSIONAL STATEMENT .................................. APPENDICES Appendix A: Benchmark EnviroAnalytical, Inc. Analytical Test Report .................................12 Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com LIMITED SOIL SAMPLING REPORT 1.0 INTRODUCTION Earth Tech Environmental, LLC (ETE) has conducted limited soil sampling at the Donovan -Livingston Parcel in Naples, Collier County, Florida (Subject Property) in order to meet Collier County LDC requirements 3.08.00A.4.d.ii. The Subject Property for this report consists of a single parcel located in Naples, Florida 34119 (Parcel No. 00196920007). This parcel is located just east of Livingston Road and approximately 0.27 miles south of Immokalee Road (Figures 1 & 2). According to the Collier County Property Appraisers website the Subject Property totals approximately 7.58 acres and is vacant/wooded with man-made ponds. Based on historical aerials reviewed (1962-2017), the Subject Property appears to have under gone partial clearing and development of the man- made ponds between 1973 and 1985. No other development was noted during the historical aerial review. Lab analysis of the soil samples revealed no tested parameters with results higher than the Florida Department of Environmental Protection's Soil Clean-up Target Levels (SCTLs). V_ IALLAIIPSSEE •1 1 JACKSONVILLE � RI nNOa' OSEARWATER 34. TPETERSBURG �A ,:.�I � APE COM�M1 i ONE PMEE4 COLLIER\ COUNTY / �M1 Figure 1. Location Map 1.1 Purpose The purpose of this limited soil sampling assessment is to meet the Collier County LDC requirements 3.08.00A.4.d.ii., prior to the development of the Subject Property. 1.2 Scope of Services This limited soil sampling report conducted by ETE included, but was not limited to, the following services: Earth tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorlda.ann LIMITED SOIL SAMPLING REPORT Conducting an onsite assessment of the Subject Property to collect soil samples. Transfer of collected samples to a Florida certified laboratory for analysis. Preparation of this written report presenting the sampling findings including a summary of conclusions and recommendations. 1.3 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. ETE 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 findings presented in this report apply solely to site conditions existing at the time when the assessment was performed. 1.4 User Reliance This limited soil sampling report was conducted for the use of and is certified to the following parties: AJS Realty Group Inc. 4890 Tamiami Trail N #201 Naples, FL 34103 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 The Subject Property for this report consists of a single parcel located in Naples, Florida 34119 (Parcel No. 00196920007). This parcel is located in Collier County just east of Livingston Road and approximately 0.27 miles south of Immokalee Road. According to the Collier County Property Appraisers website the Subject Property totals approximately 7.58 acres and is vacant/wooded with man-made ponds (Figure 2). 2.2 Site and Vicinity General Characteristics The aerial site map shown in Figure 2 highlights the parcel and the vicinity around it. A brief description of the Subject Property and surrounding properties is listed in the table below. Onsite: The Subject Property is vacant with dense vegetation and contains several man-made ponds. The Subject Property is bordered by residential development to the Vicinity: north, east, and west (across Livingston Road). Vacant/wooded land and a man-made pond border to the south. Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com LIMITED SOIL SAMPLING REPORT Figure 2. Aerial Site Map 3.0 FIELDWORK METHODOLOGY This section describes the fieldwork conducted in conjunction with this report. 3.1 Sampling Methodology The soil sampling on the Subject Property was conducted on September 12, 2018. ETE collected soils on the property from a total of three (3) locations. Since no points of contamination were observed, soil sample locations were randomly selected. These locations were chosen based on access and lack of standing water. The soil samples were collected using a decontaminated spade and hand trowel from a depth of twelve (12) inches below natural grade. The samples were placed in containers provided by the lab and labeled according to sample location, date, and time. Specific locations of sample points are shown in Figure 3 below. All sample containers were placed on ice in a lab -provided cooler and transported by courier to Benchmark EnviroAnalytical, Inc. (NELAC Certification #E84167) for analysis. ETE lab. 3.2 Compliance provided chain of custody documentation to the Locations and number of samples taken were determined by ETE. Soil sampling was conducted in general conformance with the Florida Department of Environmental Protection's Standard Operating Procedures. Earth Tech Environmental, LLC 106001olea Ave, Bonita Springs, FL 34135 www.eteflorida.mm LIMITED SOIL SAMPLING REPORT Figure 3. Sample Locations 4.0 LABORATORY RESULTS The following section presents the results of the sample analysis by Benchmark EnviroAnalytical, Inc. (Benchmark). 4.1 Tests Performed The soil samples collected at the Subject Property were analyzed by Benchmark utilizing the following tests: • RCRA 8 Metals (EPA Method 6010) • Semi -Volatiles (EPA Method 8270) • Priority Pollutant Pesticides (EPA Method 8081) • Organophosphorus Pesticides (EPA Method 8270) 4.2 Results Complete lab results for the soil samples can be found in Appendix A. The following tables are a summary of lab results for each sample with a comparison to the Florida Department of Environmental Protection's Commercial/Industrial Soil Clean-up Target Levels (SCTLs). Any exceedances of the Standards are highlighted in yellow. Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com 7 LIMITED SOIL SAMPLING REPORT RCRA 8 Metals, Method 6010 (MG/KG) Parameter Test SCR SS -1 SS -2 SS -3 ARSENIC 6010 12 0.3891 0.978 0.4111 BARIUM 6010 130,000 5.55 0.1201 4.89 CADMIUM 6010 1,700 0.0271 0.068 0.017 U CHROMIUM 6010 470 4.53 5.06 6.57 LEAD 6010 1,400 0.340 0.369 1.40 SELENIUM 6010 11,000 0.092 U 0.071 U 0.073 U SILVER6010 8270 8,200 0.501 0.499 7.010 U MERCURY 7471 17 0.020 U 0.020 U 0.020 U U=Exceeds SRL Commercial Value U =Analyte analyzed but not detected at the value Indicated. I = Reported value Is between the laboratory MDL and the PQL. Semi -Volatiles and Organophosphorus Pesticides, Method 8270 (MG/KG) Parameter Test SCTL SS -1 SS -2 SS -3 1,2,4-TRICHLOROBENZENE 8270 8,500 0.14 U 0.12 U 0.12 U 1,2 -DICHLOROBENZENE 8270 5,000 0.16 U 0.13 U 0.13 U 1,3 -DICHLOROBENZENE 8270 2,200 0.16 U 0.13 U 0.13 U 1,4 -DICHLOROBENZENE 8270 9.9 0.13 U 0.11 U 0.11 U 1 -METHYLNAPHTHALENE 8270 1,800 0.12 U 0.10 U 0.10 U 2,4,6 -TRICHLOROPHENOL 8270 230 0.19 U 0.16 U 0.16 U 2,4-DICHLOROPHENOL 8270 2,400 0.32 U 0.27 U 0.27 U 2,4 -DIMETHYLPHENOL 8270 18,000 0.30 U 0.25 U 0.25 U 2,4-DINITROPHENOL 8270 1,200 0.12 U 0.095 U 0.095 U 2,4-DINITROTOLUENE 8270 4.3 0.21 U 0.17 U 0.17 U 2,6-DINITROTOLUENE 8270 3.8 0.23 U 0.19 U 0.19 U 2-CHLORONAPHTHALENE 8270 61,000 0.13 U 0.10 U 0.10 U 2 -CHLOROPHENOL 8270 860 0.30 U 0.25 U 0.25 U 2 -METHYLNAPHTHALENE 8270 2,100 0.16 U 0.13 U 0.13 U 2-METHYL-4,6-DINITROPHENOL 8270 2,100 0.36 U 0.30 U 0.30 U 2-NITROANILINE 8270 130 0.11 U 0.091 U 0.091 U 2-NITROPHENOL 8270 - 0.34 U 0.28 U 0.28 U 3 & 4-METHYPHENOL 8270 3,400 0.32 U 0.27 U 0.27 U 3,3'-DICHLOROBENZIDINE 8270 9.9 0.27 U 0.22 U 0.22 U 3- NITROANILINE 8270 130 0.10 U 0.086 U 0.086 U 4,6-DINITRO-2-METHYLPHENOL 8270 - 0.36 U 0.30 U 0.30 U 4-BROMOPHENYL-PHENYLETHER 8270 - 0.17 U 0.14 U 0.14 U 4-CHLORO-3-METHYLPHENOL 8270 8,000 0.36 U 0.30 U 0.30 U 4-CHLOROANILINE 8270 3,700 0.084 U 0.070 U 0.070 U Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com LIMITED SOILSAMPLING REPORT 4-CHLOROPHENYL-PHENYLETHER 8270 - 0.17 U 0.14 U 0.14 U 4-NITROANILINE 8270 96 0.34 U 0.28 U 0.28 U 4-NITROPHENOL 8270 7,900 0.17 U 0.14 U 0.14 U ACENAPHTHENE 8270 20,000 0.17 U 0.14 U 0.14 U ACENAPHTHYLENE 8270 20,000 0.16 U 0.13 U 0.13 U ANTHRACENE 8270 300,000 0.19 U 0.16 U 0.16 U AZINPHOS METHYL 8270 - 0.073 UC3,C4 0.060 UC3,C4 0.060 UC3,C4 BENZIDINE 8270 0.02 0.11 U 0.092 U 0.092 U BENZO(A)ANTHRACENE 8270 6.6 0.17 U 0.14 U 0.14 U BENZO(A)PYRENE 8270 0.7 0.10 U 0.083 U 0.083 U BENZO(B)FLUORANTHENE 8270 6.5 0.14 U 0.12 U 0.12 U BENZO(G,H,I)PERYLENE 8270 52,000 0.21 U 0.17 U 0.17 U BENZO(K)FLUORANTHENE 8270 66 0.14 U 0.12 U 0.12 U BENZOIC ACID 8270 - 0.62 UC4 0.51 UC4 0.51 UC4 BENZYL ALCOHOL 8270 670,000 0.21 UC4 0.17 UC4 0.17 UC4 BIS(2-CHLOROETHOXY)METHANE 8270 - 0.19 U 0.16 U 0.16 U BIS(2-CHLOROETHYL)ETHER 8270 0.5 0.18 U 0.15 U 0.15 U BIS(2-CHLOROISOPROPYL)ETHER 8270 12 0.13 U 0.11 U 0.11 U BIS(2-ETHYLHEXYL)PHTHALATE 8270 390 0.17 U 0.14 U 0.14 U BOLSTAR 8270 - 0.078 U 0.064 U 0.064 U BUTYL BENZYL PHTHALATE 8270 380,000 0.18 U 0.15 U 0.15 U CHLORPYRIFOS 8270 5,000 0.052 U 0.043 U 0.043 U CHRYSENE 8270 640 0.17 U 0.14 U 0.14 U COUMAPHOS 8270 450 0.067 U 0.056 U 0.056 U DEMETON 8270 - 0.057 UC3,C4 0.047 UC3,C4 0.047 UC3,C4 DI -N -BUTYL PHTHALATE 8270 - 0.17 U 0.14 U 0.14 U DI-N-OCTYL PHTHALATE 8270 39,000 0.17 UC4 0.14 UC4 0.14 UC4 DIAZINON 8270 1,200 0.057 U 0.047 U 0.047 U DIBENZO(A,H)ANTHRACENE 8270 0.7 0.18 U 0.15 U 0.15 U DIBENZOFURAN 8270 6,300 0.17 U 0.14 U 0.14 U DICHLOROFENTHION 8270 - 0.046 U 0.038 U 0.038 U DICHLORVOS 8270 0.4 0.073 U 0.060 U 0.060 U DIETHYLPHTHALATE 8270 - 0.17 U 0.14 U 0.171 DIMETHOATE 8270 170 0.057 UC4 0.047 UC4 0.047 UC4 DIMETHYLPHTHALATE 8270 - 0.17 U 0.14 U 0.14 U DISULFOTON 8270 66 0.057 U 0.047 U 0.047 U EPN 8270 - 0.047 UC4 0.039 UC4 0.039 UC4 ETHION 8270 920 0.057 U 0.047 U 0.047 U ETHOPROP 8270 120 0.052 U 0.043 U 0.043 U Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com LIMITED SOIL SAMPLING REPORT ETHYL PARATHION 8270 - 0.051 UC4 0.042 UC4 0.042 U FENSULFOTHION 8270 310 0.039 U 0.032 U 0.032 U FENTHION 8270 - 0.052 U 0.043 U 0.043 U FLUORANTHENE 8270 59,000 0.14 U 0.12 U 0.12 U FLUORENE 8270 33,000 0.18 U 0.15 U 0.15 U HEXACHLOROBENZENE 8270 1.2 0.16 U 0.13 U 0.13 U HEXACHLOROBUTADIENE 8270 13 0.17 U 0.14 U 0.14 U HEXACHLOROCYCLOPENTADIENE 8270 50 0.19 U 0.16 U 0.16 U HEXACHLOROETHANE 8270 87 0.13 U 0.11 U 0.11 U INDENO(1,2,3-CD)PYRENE 8270 6.6 0.18 U 0.15 U 0.15 U ISOPHORONE 8270 1,200 0.22 UC4 0.18 UC4 0.18 UC4 MALATHION 8270 24,000 0.057 UC4 0.047 UC4 0.047 UC4 MERPHOS 8270 52 0.062 UC3,C4 0.051 UC3,C4 0.051 UC3,C4 METHYL PARATHION 8270 370 0.057 UC4 0.047 UC4 0.047 UC4 MEVINPHOS 8270 270 0.057 U 0.047 U 0.047 U MONOCROTOPHOS 8270 - 0.083 UC4 0.068 UC4 0.068 UC4 N-NITROSO-DI-N-PROPYLAMINE 8270 0.2 0.19 U 0.16 U 0.16 U N-NITROSODIMETHYLAMINE 8270 0.02 0.16 UC4 0.13 UC4 0.13 UC4 N-NITROSODIPHENYLAMINE 8270 730 0.30 U 0.25 U 0.25 U NALED 8270 2,400 0.017 UC3,C4 0.014 UC3,C4 0.014 UC3,C4 NAPHTHALENE 8270 300 0.16 U 0.13 U 0.13 U NITROBENZENE 8270 140 0.19 UC4 0.16 UC4 0.16 UC4 PENTACHLOROPHENOL 8270 28 0.27 U 0.22 U 0.22 U PHENANTHRENE 8270 36,000 0.17 U 0.14 U 0.14 U PHENOL 8270 220,000 0.13 UC4 0.11 UC4 0.11 UC4 PHORATE 8270 320 0.053 UC3,C4 0.043 UC3,C4 0.043 UC3,C4 PYRENE 8270 45,000 0.14 U 0.12 U 0.12 U PYRIDINE 8270 130 0.19 UC4 0.16 UC4 0.16UC4 RONNEL 8270 88,000 0.052 U 0.043 U 0.043 U STIROPHOS 8270 - 0.062 U 0.051 U 0.051 U SULFOTEP 8270 - 0.042 UC4 0.035 UC4 0.035 UC4 TEPP 8270 - 0.036 UC4 0.030 UC4 0.030 UC4 TOKUTHION 8270 - 0.062 UC4 0.051 U 0.051 UC4 = =Exceeds SRL Commercial Value U =Analyte analysed but not detected at the value indicated. C3 =The associated laboratory control exhibited high bias; since the result Is ND, there Is no Impact. C4 =The associated continuing calibration verification standard exhibited high bias; since the result Is ND, there Is no Impact. I = Reported value Is between the laboratory MDL and the PQL. Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida,com 10 LIMITED SOIL SAMPLING REPORT Priority Pollutant Pesticides, Method 8081 (MG/KG) Parameter Test SUL SS -1 SS -2 SS -3 4,4' -DDD 8081 22 0.0021U 0.0017 U 0.0017 U 4,4' -DDE 8081 35 0.0017 U 0.0014 U 0.0014 U 4,4' -DDT 8081 35 0.0017 U 0.0014 U 0.0014 U Aldrin 8081 0.3 0.0013 U 0.0011 U 0.0011 U Alpha -BHC 8081 0.6 0.0015 U 0.0012 U 0.0012 U Beta -BHC 8081 2.4 0.0031 U 0.0026 U 0.0026 U Chlordane (TECH) 8081 - 0.019 U 0.015 U 0.015 U Dieldrin 8081 0.3 0.0012 U 0.00096 U 0.00096 U Endosulfan 1 8081 7,600 0.0010 U 0.00086 U 0.00086 U Endosulfan II 8081 7,600 0.0023 U 0.0019 U 0.0019 U Endosulfan Sulfate 8081 0.0016 U 0.0013 U 0.0013 U Endrin 80810.0019 U 0.0016 U 0.0016 U Endrin Aldehyde 80810.0036 U 0.0030 U 0.0030 U Endrin Ketone 80810.0016 U 0.0013 U 0.0013 U Gamma -BHC 80810.0016 E45 U 0.0013 U 0.0013 U Heptachlor 80810.0017 U 0.0014 U 0.0014 U Heptachlor Epoxide 80810.0019 U 0.0016 U 0.0016 U Isodrin 80810.0016 U 0.0013 U 0.0013 U Toxaphene 80810.044 U 0.036 U 0.036 U =Exceeds SCUUmmerclal Value U = Analyte analyzed but not detected at the value Indicated. Total Solids, Method SM254OG (% Dry Weight) Parameter Test SCTL SS -1 SS -2 SS -3 TOTALSOLIDS SM254OG - 78.5 93.9 93.9 5.0 CONCLUSIONS Earth Tech Environmental, LLC collected three (3) soil samples on the Subject Property on September 12, 2018 to meet the Collier County LDC requirements 3.08.00A.4.d.ii. Benchmark EnvircAnalytical, Inc. under a subcontract to ETE analyzed the three (3) soil samples collected for the following: • RCRA 8 Metals (EPA Method 6010) • Semi -Volatiles (EPA Method 8270) • Priority Pollutant Pesticides (EPA Method 8081) • Organophosphorus Pesticides (EPA Method 8270) Lab analysis of the soil samples revealed no tested parameters with results higher than the Florida Department of Environmental Protection's Soil Clean-up Target Levels (SCTLs). Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorlda.com 11 LIMITED SOIL SAMPLING REPORT 6.0 ENVIRONMENTAL PROFESSIONAL STATEMENT I declare that, to the best of my professional knowledge and belief, the information contained in this report is true and accurate, based on available information. A �Z� 70 90 Pi � Andrew McAuley, Environmental Scientist Earth Tech Environmental, LLC September 25, 2018 Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com 12 LIMITED SOIL SAMPLING REPORT APPENDIX A BENCHMARK ENVIROANALYTICAL, INC. ANALYTICAL TEST REPORT Earth Tech Environmental, LLC 10600 Jolea Ave, Bonita Springs, FL 34135 www.eteflorida.com NELAC Certification f1E84167 BENCHMARK EnviroAnalytical Inc. ANALYTICAL TEST REPORT THESE RESULTS MEET NELAC STANDARDS Submission Number; 18090559 Earth Tech Environmental Project Name : SOIL SURVEY -DONOVAN LIVINGSTON 10600 Jolea Ave. Date Received : 09/13/2018 Bonita Springs, FL 34135 Time Received : 1420 Jennifer Bobka Submission Number: 18090589 Sample Date: 09/12/2018 Sample Number: 001 Sample Time: 1200 Sample Description: SS -1 Sample Method: Grab Parameter Result Units MDL Procedure Analysis Analyst DateMme ARSENIC 0.3891 MG/KG 0.146 6010 09/21/2018 11:31 CF BARIUM 5.55 MG/KG 0.049 6010 09/21/2018 11:31 CF CADMIUM 0.0271 MG/KG 0.022 8010 09/21/2018 11:31 CF CHROMIUM 4.63 MG/KG 0.049 6010 09121/2018 11:31 CF LEAD 0.340 MG1KG 0.073 0010 09/21/2018 11:31 OF SELENIUM 0.092 U MG/KG 0.092 6010 09/2112018 11:31 OF SILVER 0.501 MG/KG 0.012 6010 09/2112018 11:31 CF MERCURY 0.020 U MG/KG 0.020 7471 09/2112018 12:45 CF 4,4' -DDD 0.0021 U MG/KG 0.0021 8081 09/2112018 17:08 E83182 4,4' -ODE 0.0017 U MG/KG 0.0017 8081 09/21/2018 17:08 E83182 4,4' -DDT 0.0017 U MG/KG 0.0017 8081 09121/2018 17:08 E83182 ALDRIN 0.0013 U MG/KG 0.0013 8081 09/21/2018 17:08 E83182 ALPHA -BHC 0.0015 U MG/KG 0.0015 8081 09/2112016 17:08 E83182 BETA -BHC 0.0031 U MG1KG 0.0031. 8081 09/21/2018 17:08 E83102 CHLORDANE(TECH) 0.019U MG/KG 0.019 8081 09/21/2018 17:08 E83182 DIELDRIN 0.0012 U MG/KG 0.0012 8081 0912112018 1TD8 E83182 ENDOSULFAN 1 0.0010 U MG/KG 0.0010 8081 09121/2018 17:08 E83182 ENDOSULFAN 11 0.0023 U MG/KG 0.0023 8081 09121/2018 17:06 E83102 ENDOSULFAN SULFATE 0.0016 U MG/KG 0.0016 8081 09/21/2018 17:08 E83182 ENDRIN '0.0019 U MG/KG 0.0019 8081 09121/2018 17:08 E83182 ENDRIN ALDEHYDE 0.0030 U MG/KG 0.0038 8081 09/2112018 17:08 E83182 ENDRIN KETONE 0.0016 U MG/KG 0.0010 8081 09/21/2018 17:08 E83182 GAMMA -BHC O.OD18 U MG/KG 0.0010 8081 09/21/2018 17:08 E83182 HEPTACHLOR 0.0017U MG/KG 0.0017 8081 09/21/2018 97:08 E63182 HEPTACHLOR EPDXIDE 0.0019 U MG/KG 0.0019 8081 0912112018 17:08 E83182 ISODRIN 0.0016 U MG/KG 0.0016 8081 09/2112018 17:08 E83182 78090589 1711 12th Street East 4 Palmetto, FL 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 7 OF 12 rvELAC Certification $E84167 TOXAPHENE 1,2,4-TRICH LOROBENZENE 1,2 -DICHLOROBENZENE 1,3 -DICHLOROBENZENE 1,4 -DICHLOROBENZENE 1 -METHYLNAPHTHALENE 2,4,6 -TRICHLOROPHENOL 2,4-DICHLOROPHENOL 2,4 -DIMETHYLPHENOL 2,4-DINITROPHENOL 2,4-DINITROTOLUENE 2,6-DINITROTOLUENE 2-CHLORONAPHTHALENE 2 -CHLOROPHENOL 2-METHYL-4,6-DINITROPH ENOL 2 -METHYLNAPHTHALENE 2-NITROANILINE 2-NITROPHENOL 3 &4-METHYLPHENOL TZICHL0R0BENZIDINE NITROANILINE 4,6-DINITRO-2-METHYLPHENOL 4-BROMOPHENYL-PHENYLETHER 4-CHLORO-3-METHYLPHENOL 4-CHLOROANILINE 4-CHLOROPHENYL-PHENYLETHER 4-NITROANILINE 4-NITROPHENOL ACENAPHTHENE ACENAPHTHYLENE ANTHRACENE AZINPHOS METHYL BENZIDINE BENZO(A)ANTHRACENE BENZO(A)PYRENE BENZO(B)FLUORANTHENE BENZO(G, H, I) P ERYLENE BENZO(K)FLUORANTHENE BENZOIC ACID BENZYL ALCOHOL B IS(2-C H LO R OETH OXY)METHAN E IS(2-CH LO ROETHYL) ETHER BENCHMARK EnviroAnalytical Inc. 0.044 U MGIKG 0.044 8081 09/21/2018 17:08 EMU 0.14 U MG/KG 0.14 8270 09/24/2018 06:23 E83182 0.18 U MG/KG 0.18 8270 09/24/2018 06:23 E83182 0.16 It MGIKG 0.18 8270 09/24/2018 06:23 E83182 0.13 U MG/KG 0.13 8270 - 09/2412016 06:23 E83182 0.12 U MG/KG 0.12 6270 09/2412018 06:23 E63182 0.19 U MGIKG 0.19 8270 0912412018 06:23 E03162 0.32 U MGIKG 0.32 8270 09/24/2018 06:23 E83182 0.30 U MGIKG 0,30 8270 09124/2018 06:23 E83182 0.12 U MG/KG 0.12 8270 09/24/2018 06:23 E83182 0.21 U MG/KG 0,21 8270 09/2412018 06:23 E83182 0.23 U MGIKG 0.23 8270 09/2412018 06:23 E83182 0.13 U MGIKG 0.13 8270 .09/24/2018 06:23 E83182 0.30 U MGIKG 0.30 8270 09/24/2018 00:23 E83182 0.36 U MGIKG 0,36 8270 09/24/2018 0623 E83182 0.16 U MGIKG 0.16 8270 09/24/2018 06:23 E83182 0.11 U MG/KG 0.11 8270 09/24/2018 06:23 EB3182 0,34 U MGIKG 0.34 8270 69/24/2018 O0:23 E83162 0.32 U MG/KG 0.32 8270 09/24/2018 06:23 E83182 0.27 U MGIKG 0.27 8270 09/24/2018 06:23 E63182 0.10 U MGIKG 0.10 8270 09/24/2018 06:23 E83182 0.36 U MG/KG 0.36 8270 09/2412018 06:23 E83182 0.17 U MGIKG 0.17 8270 09124/2018 08:23 E83182 0.36 U MGIKG 0.30 8270 09/24/2018 06:23 E63182 0.084 U MGIKG 0.084 8270 09/24/2018 08:23 E63162 0.17 U MG/KG 0.17 6270 09/24/2018 08:23 E83182 0.34 U MG/KG 0.34 8270 09/2412018 06:23 E83182 0.17 U MG/KG 0.17 8270 09/2412018 06:23 E83182 0.17 U MGIKG 0.17 8270 09/2412016 06:23 E83182 0.16 U MG/KG 0.18 8270 09/2412018 08:23 E83182 0.19 U MG/KG 0.19 8270 09/24/2018 05:23 E83182 0.073 UC3,C4 MG/KG 0.073 8270 09/20/2018 18:52 E83182 0.11 U MG/KG 0.11 8270 09/24/2018 06:23 E83182 0.17 U MG/KG 0.17 8270 09/24/2018 06:23 E83182 0.10 U MGIKG 0.10 8270 09/24/2018 06:23 E83182 0.14 U MG/KG 0.14 8270 09/2412018 06:23 E83182 0.21 U MG/KG 0.21 8270 09/2412018 06:23 E83182 0.14 U MG/KG 0.14 8270 09/24/2016 06:23 E83182 0.62 UC4 MGIKG 0.62 8270 09/24/2018 06:23 E83182 0.21 UC4 MG/KG 0.21 8270 09/24/2018 06:23 E83182 0.19U MG/KG 0.19 8270 09/24/2018 06:23 EMU 0.18 U MG/KG 0.18 8270 09/24/2018 06:23 E83182 18090589 1711 12th Street East * Palmetto, FL 34221 4 Phone (941) 723-9986 * Fu (941) 723-6061 PAGE 2 OF 12 BENCHMARK EnviroAnalytical Inc. NELAC Certification #E84167 BIS(2-CH LOROISOPRO PYL)ETHER 8I8(2-ETHYLH EXYL)PHTHALATE BOLSTAR BUTYL BENZYL PHTHALATE CHLORPYRIFOS CHRYSENE COUMAPHOS DEMETON DI-N-BUTYLPHTHALATE DI-N-OCTYLPHTHALATE DIAZINON DIB ENZO(A, H)ANTHRACENE DIBENZOFURAN DICHLOROFENTHION DICHLORVOS DIETHYLPHTHALATE DIMETHOATE DIMETHYLPHTHALATE DISULFOTON EPN ETHION ETHOPROP ETHYL PARATHION FENSULFOTHION FENTHION FLUORANTHENE FLUORENE HEXACHLOROBENZENE HEXACHLOROBUTADIENE HEXACHLOROCYCLOPENTADIENE HEXACHLOROETHANE I NDENO(1,2,3-CD)PYRENE ISOPHORONE MALATHION MERPHOS METHYL PARATHION MEVINPHOS MONOCROTOPHOS N-NITROSO-DI-N-PROPYLAMINE N -N ITROSODIMETHYLAMINE N -N ITROSODIPHENYLAMI N EIDIPHENYLAMINE NALED 0.13 U MG/KG 0.13 8270 09/24/2018 08:23 E53182 0.17 U MGIKG 0.17 8270 09/2412018 06:23 E83182 0.078 U MGIKG 0.078 8270 09/2012018 18:52 E83182 0.18 U MG/KG 0.18 8270 09/2412016 06:23 E83182 0.052 U MG/KG 0.052 8270 09/20/2018 18:52 E83182 0.17 U MGIKG 0.17 8270 09/24/2018 06:23 E83182 0.067 U MG/KG 0,087 8270 09120/2018 18:52 E83182 0.057 UC3,C4 MGIKG 0,057 8270 09/20/2018 16:52 E83182 0.17 U MG/KG 0.17 8270 09124/2018 06:23 E83162 0.17 UC4 MG/KG 0.17 8270 09/24/2018 06:23 E83182 0.057 U MG/KG 0.067 8270 09/20/2018 18:52 E83182 0.18 U MG/KG 0.18 8270 09/24/2018 08:23 E83182 0.17 U MG/KG 0.17 8270 09/24/2018 06:23 E83182 0.046 U MG/KG 0.048 8270 09/20/2018 18:52 E83182 0.073 U MG/KG 0.073 8270 09/20/2018 18:52 E83182 0.17 U MG/KG 0.17 8270 09/2412018 06:23 E83182 0.057 UN MG/KG 0.057 8270 09/20/2018 18:52 E83182 0.17 U MG/KG 0.17 8270 09/24/2018 06:23 E83182 0.057 U MGIKG 0.057 8270 09/2012018 18:52 E83182 0.047 UC4 MG/KG 0.047 8270 09120/2018 18:52 E83182 0.057 U MG/KG 0.057 8270 09/20/2018 18:52 E83182 0.052 U MGIKG 0.052 8270 09/20/2018 18:52 E83182 0.051 UC4 MG/KG 0.051 8270 09120/2018 18:52 E83182 0.039 U MGIKG 0.039 8270 09/2012018 15:52 E83182 0.052 U MG/KG 0.052 8270 09120/2018 18:52 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 08:23 E83182 0.18 U MG/KG 0.18 8270 09/24/2016 00:23 E83182 0.16 U MG/KG 0.16 8270 09/24/2016 00:23 E83182 0.17 U MG/KG 0.17 8270 09/24/2016 00:23 E83182 0.19 U MG/KG 0.19 8270 09/24/2018 06:23 E83182 0.13 U MG/KG - 0.13 8270 08/24/2018 06:23 E83182 0.18 U MG/KG 0.18 8270 09124/2018 06:23 E83182 0.22 UC4 MG/KG 0.22 8270 09124/2018 06:23 E83182 0.057 U04 MGIKG 0.057 8270 09120/2018 18:52 E83182 0.062 UC3,C4 MGIKG 0.062 8270 09120/2018 18:62 E83182 0.067 UC4 MGIKG 0.057 8270 09120/2018 18:62 E83182 0.057 U MG/KG 0.057 8270 09/20/2018 18:52 E83182 0.083 UC4 MG/KG 0.083 8270 09/20/2018 18:52 E83182 0.19 U MG/KG 0.19 8270 08/24/2018 08:23 E83182 0.16 UC4 MG/KG 0.18 8270 09/24/2018 06:23 E83182 0,30 U MG/KG 0.30 8270 09/24/2018 06:23 E83182 0.017 UC3,C4 MG/KG 0.017 8270 09/20/2018 18:52 E83182 teoso5es 1711 12th Street East * Palmetto, FL 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 3 OF 12 BENCHMARK . EnviroAnalyticallnc. NELAC Certification #684167 NAPHTHALENE - 0.16 U MG/KG 0.16 8270 09/24/2018 06:23 E83182 NITROBENZENE 0.19 UC4 MG1KG 0.19 8270 09/24/2018 00:23 E83182 PENTACHLOROPHENOL 0.27 U MG/KG 0.27 8270 09124/2018 0623 E83182 PHENANTHRENE 0.17 U MG/KG 0.17 8270 09/24/2018 06:23 E83182 PHENOL 0.13 UC4 MG/KG 0.13 8270 0912412018 06:23 E83182 PHORATE 0.052 UC3,C4 MG/KG 0.052 8270 09/2011018 18:52 E83182 PYRENE 0.14 U MG/KG 0.14 8270 09/2412018 06:23 E83182 PYRIDINE 0.19 UC4 MG/KG 0.19 8270 09/2412018 06:23 E83182 RONNEL 0.052 U MG/KG 0.052 8270 09120/2018 18:52 E83182 STIROPHOS 0.062 U MG/KG 0.082 8270 09120/2016 18:52 E83182 SULFOTEP 0.042 UC4 MG/KG 0.042 8270 - 09/20/2018 18:52 E83182 TEPP 0.036 UC4 MG/KG 0.036 8270 09/20/2018 18:62 E83182 TOKUTHION 0.062 UC4 MG/KG 0.062 8270 09/20/2018 18:62 E83182 TOTAL SOLIDS 78.6 % DRY WT 0.1 SM2540G 09114/2018 08:43 JW All values reported In UG/KG, MG/KG #/GRAM and MPN/GRAM are on a dry weight basis Submission Number: 18090589 Sample Date: 09112/2018 Sample Number: 002 Sample Time: 1220 Sample Description: SS -2 Sample Method: Grab earameter Result - Units MDL Procedure Analysis Analyst Date/Time ARSENIC 0.978 MGIKG 0.113 6010 09/21/2018 11:44 CF BARIUM 0.1201 MG/KG 0.038 6010 09/21/2018 11:44 CF CADMIUM 0.068 MG1KG 0.017 6010 09/21/2018 11:44 CF CHROMIUM 5.05 MG/KG 0.038 6010 09/21/2018 11:44 CF LEAD 0.369 MG/KG 0.056 6010 09/21/2018 11:44 CF SELENIUM 0.071 U MG/KG 0.071 6010 09/2112018 11:44 CF SILVER 0.499 MG/KG 0.009 6010 09/21/2018 11:44 CF MERCURY 0.020 U MG/KG 0.020 7471 09/21/2018 12:45 CF 4,4' -DDD 0.0017 U MG/KG 0.0017 8081 09/21/2018 17:20 E83182 4,4' -DDE 0.0014 U MG/KG 0.0014 8081 09121/2018 17:20 E83182 4,4' -DDT 0.0014 U MG/KG 0.0014. 8081 09/21/2018 17:20 E83182 ALDRIN 0.0011 U MG/KG 0.0011 8081 09/21/2018 17:20 E83182 ALPHA -BHC 0.0012 U MG/KG 0.0012 8081 09/21/2018 17:20 E83182 BETA -BHC 0.0026 U MG/KG 0.0026 8081 09/21/2018 17:20 E83182 CHLORDANE (TECH) 0.015 U MG/KG 0.016 8081 09/21/2018 17:20 E83182 DIELDRIN 0.00096 U MG/KG 0.00096 8081 09/21/2018 17:20 E83182 ENDOSULFAN 1 0.00086 U MG/KG 0.00086 8081 09/21/2018 17:20 E83182 ENDOSULFAN II 0.0019 U MG/KG 0.0019 8081 09/21/2018 17:20 E83182 ENDOSULFAN SULFATE 0.0013 U MG/KG 0.0013 8081 09/21/2018 17:20 E83182 -NDRIN 0.0016 U MG/KG 0,0016 8081 09/21/2018 17:20 E83182 -NDRIN ALDEHYDE 0.0030 U MG/KG 0.0030 8081 09/2112018 17:20 E83182 18090589 1711 12th Street East' Palmetto, FL 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 4 OF 12 BENCHMARK EnviroAnalytical Inc. NELAC Certification #E84167 ENDRIN KETONE 0.0013 U MG/KG 0.0013 8081 09121/2018 17:20 E83182 GAMMA -BHC 0.0013 U MG/KG 0.0013 8081 09121/2018 17:20 E83182 HEPTACHLOR 0.0014 U MG/KG 0.0014 8081 09/21/2018 17:20 E83182 HEPTACHLOR EPDXIDE 0.0018 U MGIKG 0.0016 8081 09/2112018 17:20 E83182 ISODRIN 0.0013 U MG/KG 0.0013 8081 09/21/2018 17:20 E83182 TOXAPHENE 0.036 U MG/KG 0.036 8081 09/21/2018 17:20 E83182 1,2,4-TRICHLOROBENZENE 0.12 U MG/KG 0.12 8270 09124/2018 06:54 E83182 1,2 -DICHLOROBENZENE 0.13 U MG/KG 0.13 8270 0912412018 06:54 E83182 1,3 -DICHLOROBENZENE- 0.13U MGIKG 0.13 8270 09124/2018 08:54 E83182 1,40CHLOROBENZENE 0.11 U MGIKG 0.11 8270 09124/2018 06:54 E83102 1 -METHYLNAPHTHALENE 0.10 U MG/KG 0.10 8270 09124/2018 06:54 E83182 2,4,6 -TRICHLOROPHENOL 0.16 U MG/KG 0.16 8270 0912412018 06:54 E83182 2,4-DICHLOROPHENOL 0.27 U MG/KG 0.27 8270 09/24/2018 06:54 E83182 2,4 -DIMETHYLPHENOL 0.25 U MG/KG 0.25 8270 09124/2018 06:54 E83182 2,4-DINITROPHENOL 0.095 U MG/KG 0.095 8270 09/2412018 06:54 E83182 2,4-DINITROTOLUENE 0.17 U MG/KG 0.17 8270 09/24/2018 08:54 E83182 2,6-DINITROTOLUENE 0.19 U MG/KG 0.18 8270 09124/2018 06:54 E03182 2-CHLORONAPHTHALENE 0.10 U MG/KG 0.10 8270 09124/2018 06:54 EB3162 2 -CHLOROPHENOL 0.25 U MG/KG 0.25 8270 09/24/2018 06:54 E83182 2-METHYL-4,6-DINITROPHENOL 0.30 U MG/KG 0.30 8270 09/2412018 06:54 E83182 2 -METHYLNAPHTHALENE 0.13 U MG/KG 0.13 8270 09/2412018 06:54 E83132 2-NITROANILINE 0.091 U MG/KG 0.091 8270 09/24/2018 06:54 E83182 2-NITROPHENOL 0.28 U MG/KG 0.28 8270 09/24/2018 06:54 E83182 3 & 4-METHYLPHENOL 0.27 U MG/KG 0.27 8270 09124/2018 06:54 E83182 3,3'-DICHLOROBENZIDINE 0.22 U MG/KG 0.22 8270 09/24/2018 06:54 E83182 3-NITROANILINE 0.086 U MG/KG 0.086 8270 09/2412018 06:54 E83182 4,6-DINITRO-2-METHYLPHENOL 0.30 U MGIKG 0.30 8270 09/2412018 06:54 E83182 4-BROMOPHENYL-PHENYLETHER 0.14 U MGIKG 0.14 8270 09/24/2018 06:54 E83182 4-CHLORO-3-METHYLPHENOL 0.30 U MG/KG 0.30 8270 09124/2018 06:54 E33182 4-CHLOROANILINE 0.070 U MGIKG 0.070 8270 09124/2018 06:54 E83182 4-CHLOROPHENYL-PHENYLETHER 0.14 U MG/KG 0.14 8270 09124/2018 06:54 E83182 4-NITROANILINE 0.28 U MG/KG 0.28 8270 09124/2018 06:54 E83182 4-NITROPHENOL 0.14 U MG/KG 0.14 8270 09124/2018 06:54 E83182 ACENAPHTHENE 0.14 U MG/KG 0.14 8270 09/2412018 06:54 E83182 ACENAPHTHYLENE 0.13 U MG/KG 0.13 8270 09/2412018 06:54 E83182 ANTHRACENE 0.16 U MG/KG 0.18 8270 09124/2018 06:54 E83182 AZINPHOS METHYL 0.060 UC3,C4 MG/KG 0.060 8270 09120/2018 19:25 E83182. BENZIDINE 0.092 U MGIKG 0.092 8270 09124/2018 06:54 E83182 BENZO(A)ANTHRACENE 0.14 U MGIKG 0.14 8270 09/24/2018 06:54 E83182 BENZO(A)PYRENE 0.083 U MGIKG 0.083 8270 09/2412018 08:54 E83182 BENZO(B)FLUORANTHENE 0.12 U MGIKG 0.12 8270 09/24/2018 06:54 E83182 BENZO(G,H,I)PERYLENE 0.17 U MG/KG 0.17 8270 09/24/2018 06:54 E83182 18990589 1711 12tH Street East * Palmetto, FL 34221 * Phone (941) 723.9986 * Fax (941) 723.6061 PAGE 5 OF 12 ,,c:LAC Certification NE84167 BENZO(K)FLUORANTHENE BENZOIC ACID BENZYL ALCOHOL B IS(2-CHLOROETHOXY)METHANE SIS(2-CHLOROETHYL)ETH ER BIS(2-CHLOROISOPROPYL)ETHER BIS(2-ETHYLHEXYL) PHTHALATE BOLSTAR BUTYL BENZYL PHTHALATE CHLORPYRIFOS CHRYSENE COUMAPHOS DEMETON DI-N-BUTYLPHTHALATE DI-N-OCTYLPHTHALATE DIAZINON DIBENZO(A, H)ANTH RACENE DIBENZOFURAN DICHLOROFENTHION "HLORVOS .cTHYLPHTHALATE DIMETHOATE DIMETHYLPHTHALATE DISULFOTON EPN ETHION ETHOPROP ETHYL PARATHION FENSULFOTHION FENTHION FLUORANTHENE FLUORENE HEXACHLOROBENZENE HEXACHLOROBUTADIENE HEXACHLOROCYCLOPENTADIENE HEXACHLOROETHANE INDENO(1,2, 3.CD)PYREN E ISOPHORONE MALATHION MERPHOS METHYL PARATHION EVINPHOS BENCHMARK EnviroAn , ytical Inc. 0.12 U MG/KG 0.12 8270 09/24/2018 06:54 E83182 0.61 UC4 MG/KG 0.51 8270 09/2412018 06:54 E83182 0.17 UG4 MG/KG 0.17 8270 09/24/2018 06:54 E83182 0.16 U MG/KG 0.16 8270 09/24/2018 06:54 E83182 0.15 U MG/KG 0.15 8270 09/24/2018 06:54 E83182 0.11 U MG/KG 0.11 8270 09/24/2018 06:54 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 06:54 E83182 0.064 U MG/KG 0.054 8270 09/20/2016 19:25 E83182 0.15 U MG/KG 0.16 8270 09/24/2016 06:54 E83182 0.043 U MG/KG 0.043 8270 09/20/2018 19:25 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 06:54 E83182 0.056 U MG/KG 0.056 8270 09/20/2018 19:25 E83182 0.047 UC3,C4 MG/KG 0.047 8270 09/20/2018 19:25 E83182 0.14 U MG/KG 0.14 8270 09124/2018 06:54 E83182 0.14 UC4 MG/KG 0.14 8270 09/24/2018 06:54 E83182 0.047 U MG/KG 0.047 8270 09/20/2018 19:25 E83182 0.15 U MG/KG 0.15 8270 09/24/2018 06:54 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 06:54 E83182 0.038 U MG/KG 0.038 8270 09/20/2018 19:25 E83182 0.060 U MG/KG 0.060 8270 09/20/2018 19:25 E83182 0.14 U MG/KG 0.14 8270 09/2412018 06:54 E83182 0.047 UC4 MGIKG 0.047 8270 09/2012018 19:25 E83182 0.14 U MGIKG 0.14 8270 09/24/2018 06:54 E83182 0.047 U MG/KG 0.047 8270 09120/2018 19:25 E83182 0.039 UC4 MG/KG 0.038 8270 09/20/2018 19:25 E83182 0.047,U MG/KG 0.047 8270 09/20/2018 19:25 E83182 0.043 U MG/KG 0.043 8270 09/2012018 19:25 E83182 0.042 UC4 MG/KG 0.042 8270 09/20/2018 19:25 E83182 0.032 U MG/KG 0.032 8270 09/20/2018 19:25 E83182 0.043 U MG/KG 0.043 8270 09/20/2018 19:25 E83182 0.12 U MG/KG 0.12 8270 09/24/2018 06:54 E83182 0.15 U MG/KG 0.15 8270 09/24/2018 06:54 E83182 0.13 U MG/KG 0.13 8270 09/24/2018 06:54 E83102 0.14 U MG/KG 0.14 8270 09/24/2010 06:54 E83182 0.16 U MG/KG 0.16 0270 09/24/2018 06:54 E83182 0.11 U MGIKG 0.11 8270 09/24/2018 06:54 E83182 0.15 U MGIKG 0.15 8270 09/24/2015 06:54 E83182 0.18 UC4 MGIKG 0.18 8270 09/24/2018 06:54 E03102 0.047 UC4 MGIKG 0.047 8270 09/20/2018 19:25 E83102 0.051 UC3,C4 MG/KG 0.051 8270 09/20/2018 19:25 E83182 0.047 UC4 MGIKG 0,047 8270 09/20/2018 19:25 E83182 0.047 U MG/KG 0.047 6270 09/20/2018 19:25 E83182 18090589 1711 12th Street East 4 Palmetto, FL 34221 'r Phone (941) 723-9986 • Fax (941) 723-6061 PAGE 6 OF 12 BENCHMARK EnviroAnalytical Inc. NELAC Certification NE84167 MONOCROTOPHOS 0.068 UC4 MG/KG 0.068 8270 09/20/2018 19:25 - E83182 N-NITROSO-DI-N-PROPYLAMINE 0.16 U MG/KG 0.16 8270 09/24/2018 06:54 E83182 N-NITROSODIMETHYLAMINE 0.13 UC4 MG/KG 0.13 8270 09124/2018 06:54 E83182 N-NITROSODIPHENYLAMINE/DIPHENYLAMINE 0.25 U MG/KG 0.25 8270 09/24/2018 06:54 E83182 NALED 0.014 UC3,C4 MG/KG 0.014 8270 09/20/2018 19:25 E83182 NAPHTHALENE 0.13 U MG/KG 0.13 8270 09/2412018 06:54 E63182 NITROBENZENE 0.15 UC4 MG/KG 0,16 8270 09/24/2018 06:54 E83182 PENTACHLOROPHENOL 0.22 U MG1KG 0.22 8270 09124/2018 06:54 E63182 PHENANTHRENE 0.14 U MG/KG 0.14 8270 09/24/2018 06:54 E83182 PHENOL 0.11 UC4 MG/KG 0.11 8270 0=412018 06:54 E83182 PHORATE 0.043 UC3,C4 MG/KG 0.043 8270 09/20/2018 1925 E83182 PYRENE 0.12 U MG/KG 0.12 8270 09124/2018 06:54 E83182 PYRIDINE 0.16 UC4 MG/KG 0.16 8270 09124/2018 06:54 E83182 RONNEL 0.043 U MG/KG 0.043 8270 0912012018 19:25 E83182 STIROPHOS 0.051 U MG/KG 0.051 8270 09120/2018 19:25 E83182 SULFOTEP 0.035 UC4 MG1KG 0.035 8270 09/2012018 19:25 E83182 TEPP 0,030 UC4 MG/KG 0.030 8270 09/20/2018 19:25 E83162 TOKUTHION 0.051 UC4 MG/KG 0.051 8270 09/20/2018 19:25 E83182 TOTAL SOLIDS 93,9 . % DRY WT 0.1 SM254OG 09/14/2018 08:43 JW All values reported in UG/KG, MG/KG WGRAM and MPN/GRAM are on a dry weight basis Submission Number: Sample Number: Sample Description: 18090589 003 SS -3 Sample Date: 0911212018 Sample Time: 1300 Sample Method: Grab Parameter Result Units MDL Procedure Analysis Analyst ARSENIC 0.4111 MG/KG 0.116 6010 0912112018 11:48 CF BARIUM 4.89 MG/KG 0.039 6010 09/2112018 11:48 CF CADMIUM 0.017 U MG/KG 0.017 6010 09/21/2018 11:48 Cr CHROMIUM 6.57 MG/KG 0.039 6010 - 09121/2018 11:48 CF LEAD 1.40 MG/KG 0.058 6010 09/21/2018 11:48 CF SELENIUM 0.073 U MG/KG 0.073 6010 09/21/2018 11:48 CF SILVER 0.010 U MG/KG 0.010 6010 09121/2018 11:48 CF MERCURY 0,020U MG/KG 0.020 7471 09/2112018 12:45 CF 4,4' -DDD 0.0017 U MG/KG 0.0017 8081 09/21/2018 17:32 E83182 4,4' -DDE 0.0014 U MG/KG 0.0014 8081 09/21/2018 17:32 E83182 4,4' 130T 0.0014 U MG/KG 0.0014 8081 09/21/2018 17:32 E83182 ALDRIN 0.0011 U MG/KG 0.0011 8081 09/2112018 17:32 E03182 ALPHA -BHC 0.0012U MG/KG 0.0012 8081 09/21/2018 17:32 E83182 BETA -BHC 0.0026 U MG/KG 0.0026 8081 09/21/2018 17:32 E83182 CHLORDANE (TECH) 0.015 U MG/KG 0.015 8081 09/21/2018 17:32 E03182 DIELDRIN 0.00098 U MG1KG 0.00090 8081 09/21/2018 17:32 E03182 18090589 1711 12th Street East * Palmetto, FL 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 7 OF 12 BENCHMARK EnviroAnalytical Inc. rvHLAC Certification #E84167 ENDOSULFAN 1 0.00086 U MG/KG 0.00086 8081 09212018 17:32 E83182 ENDOSULFAN II 0.0019 U MGIKG 0.0019 8081 09212016 17:32 E83162 ENDOSULFAN SULFATE 0,0013 U MGIKG 0.0013 5081 09/212018 17:32 E83182 ENDRIN 0.0016 U MG/KG 0.0016 8081 0921/2018 17:32 E83182 ENDRIN ALDEHYDE - 0.0030 U MG/KG 0.0030 8081 0921/2018 17:32 E83182 ENDRIN KETONE 0.0013 U MG/KG 0.0013 8081 0921/2018 17:32 E83182 GAMMA -BHC 0.0013 U MG/KG 0.0013 8081 0921/2018 17:32 E83162 HEPTACHLOR 0.0014 U MG/KG 0.0014 8081 09/21/2018 17:32 E83182 HEPTACHLOR EPDXIDE 0.0018 U MGIKG 0.0016 8081 092112018 17:32 E83182 ISODRIN 0.0013 U MG/KG 0,0013 8081 0921/2018 17:32 E83182 TOXAPHENE 0.036 U MG/KG 0.036 8081 0921/2018 17:32 E83182 1,2,4-TRICHLOROBENZENE 0.12 U MG/KG 0.12 8270 - 0912412018 07:24 E83182 1,2 -DICHLOROBENZENE 0.13 U MG/KG 0.13 8270 09/24/2016 07:24 E83182 1,3 -DICHLOROBENZENE 0.13 U MG/KG 0.13 8270 0924/2018 07:24 E83182 1,4 -DICHLOROBENZENE 0.11 U MG/KG 0.11 8270 09/24/2018 07:24 E83182 1 -METHYLNAPHTHALENE 0.10 U MG/KG 0.10 8270 09/24/2018 07:24 E83182 2,4,6 -TRICHLOROPHENOL - 0.16 U MG/KG 0.16 8270 09124/2018 07:24 E03162 2,4-DICHLOROPHENOL 0.27 U - MG/KG 0.27 8270 09/24/2018 07:24 E03182 2,4 -DIMETHYLPHENOL 0,25 U MG/KG 0.25 8270 09/24/2018 07:24 E83182 1-DINITROPHENOL 0.095 U MG/KG 0.096 8270 09124/2018 07:24 E83182 _,4-DINITROTOLUENE 0.17 U MGIKG 0,17 8270 09124/2018 07:24 E83182 2,6-DINITROTOLUENE 0.19 U MGIKG 0.19 8270 09/24/2018 07:24 E83182 2-CHLORONAPHTHALENE 0.10 U MG/KG 0.10 8270 09/242018 07:24 E83182 2 -CHLOROPHENOL 0,25 U MG/KG 0.25 8270 09/242018 07:24 E83162 2-METHYL-4,6-DINITROPHENOL 0.30 U MGIKG 0.30 8270 09/242018 07:24 E83182 2 -METHYLNAPHTHALENE 0.13 U MGIKG 0.13 8270 09/242018 07:24 E83182 2-NITROANILINE 0.091 U MG/KG 0.091 8270 09/242018 07:24 E83182 2-NITROPHENOL 0.28 U MG/KG 0.28 8270 09/242018 07:24 E83182 384-METHYLPHENOL 0.27U MG/KG 0.27 6270 09242018 07:24 E83182 3,3'-DICHLOROBENZIDINE 0.22 U MG/KG 0.22 8270 09/242018 07:24 E83182 3-NITROANILINE 0.086 U MG/KG 0.086 8270 09/242018 07:24 E03182 4,8-DINITRO-2-METHYLPHENOL 0.30 U MG/KG 0.30 8270 09/24/2018 07:24 E83182 4-BROMOPHENYL-PHENYLETHER 0.14 U MG/KG 0.14, 8270 09/24/2018 07:24 E83182 4-CHLORO-3-METHYLPHENOL 0.30 U MGIKG 0.30 8270 0924/2018 07:24 E83182 4-CHLOROANILINE 0.070 U MG/KG 0.070 8270 09124/2018 07:24 E83182 4-CHLOROPHENYL-PHENYLETHER 0.14 U MG/KG 0.14 8270 09/242018 07:24 E83182 4-NITROANILINE- 0.28 U MG/KG 0,28 8270 09/24/2018 07:24 E83182 4-NITROPHENOL 0.14 U MG/KG 0.14 8270 0924/2018 07:24 E83182 ACENAPHTHENE 0.14U MG/KG 0.14 8270 09/24/2018 07:24 E83182 ACENAPHTHYLENE 0.13 U MG/KG 0.13 8270 0924/2018 07:24 E83182 ANTHRACENE 0.16 U MG/KG 0.16 5270 09242018 07:24 E83182 .ZINPHOS METHYL 0.060 UC3,C4 MG/KG 0,060 8270 09/20/2018 19:68 E83182 18090589 1711 12th Street Fast * Palmetto, FI. 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 6 OF 12 NELAC Certification #E84167 BENZIDINE BENZO(A)ANTHRACENE BENZO(A)PYRENE BENZO(B)FLUORANTHENE BENZO(G,H,I)PERYLENE BENZO(K)FLUORANTHENE BENZOIC ACID BENZYL ALCOHOL BIS(2-CHLOROETHOXY) METHANE BIS(2-CHLOROETHYL)ETH E R BIS(2-CHLOROISOPROPYL)ETHER BIS(2-ETHYLH EXYL) PHTHALATE BOLSTAR BUTYL BENZYL PHTHALATE CHLORPYRIFOS CHRYSENE COUMAPHOS DEMETON DI-N-BUTYLPHTHALATE DI-N-OCTYLPHTHALATE DIAZINON DIB ENZO(A, H)ANTH RACEN E DIBENZOFURAN DICHLOROFENTHION DICHLORVOS DIETHYLPHTHALATE DIMETHOATE DIMETHYLPHTHALATE DISULFOTON EPN ETHION ETHOPROP ETHYL PARATHION FENSULFOTHION FENTHION FLUORANTHENE FLUORENE HEXACHLOROBUTADIENE HEXACHLOROCYCLOPENTADIENE HEXACHLOROETHANE IN DE NO(1,2,3-CD)PYREN E BENCHMARK EnviroAnalytical Inc. 0.092 U MG/KG 0.092 8270 09/2412018 07:24 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 07:24 E83182 0.083 U MG/KG 0.083 8270 09/2412018 07:24 E03182 0.12 U MG/KG 0.12 8270 09124/2018 07:24 E83182 0.17 U MG/KG 0.17 8270 09124/2018 07:24 E83182 0.12 U MG/KG 0.12 8270 09/24/2018 07:24 E83182 0.51 UC4 MG/KG 0.51 8270 09/24/2016 07:24 E83102 0.17 UC4 MG/KG 0.17 8270 09124/2018 07:24 E83182 0.16 U MGIKG 0.16 8270 09124/2018 07:24 E83182 0.15 U MG/KG 0.15 8270 08124/2018 07:24 E83182 0.11 U MG/KG 0.11 8270 09/24/2018 07:24 E83182 0.14 U MG/KG 0.14 8270 0912412018 07:24 E83182 0.084 U MG/KG 0.064 8270 D9/20/2018 19:58 E83182 0.16 U MG/KG 0.15 8270 09124/2018 07:24 E83182 0.043 U MG/KG 0.043 8270 D9/20/2018 19:58 E83182 0.14 U MG/KG 0.14 8270 D9124/2018 07:24 E83182 0.056 U MG/KG 0.056 8270 09/20/2018 19:58 E83182 0.047 UC3,C4 MG/KG 0.047 8270 09/20/2018 19:58 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 07:24 E83182 0.14 UC4 MG/KG 0.14 8270 09/24/2018 D7:24 E83182 0.047 U MG/KG 0.047 8270 09120/2018 19:58 E83182 0.15 U MG/KG 0.15 8270 09124/2018 07:24 E83182 0.14 U MG/KG 0.14 8270 09124/2018 07:24 E83182 0.038 U MG/KG 0.038 8270 119120/2018 19:58 E63182 0.080 U MG/KG 0.000 8270 09120/2018 19:58 E83182 0.171 MG/KG 0.14 8270 09/24/2018 07:24 E83182 0.047 UC4 MG/KG 0.047 8270 09/20/2018 19:58 E83182 0.14 U MG/KG 0.14 8270 09/24/2018 07:24 E83182 0.047 U MG/KG 0.047 8270 09/2012018 19:58 E83182 0.039 UC4 MG/KG 0.039 8270 09/20/2018 19:58 E83182 0,047 U MG/KG 0.047 0270 09/20/2010 19:50 E83182 0.043 U MG/KG 0.043 0270 09/20/2018 19:58 E83182 0,042 U04 MG/KG 0.042 8270 09120/2018 19:58 E03182 0.032 U MG/KG 0,032 8270 09120/2018 19:5B E03182 0.043 U MG/KG 0.043 8270 09/20/2018 19:58 E83182 0.12 U MG/KG 0.12 8270 09/24/2016 07:24 E03182 0.15 U MG/KG 0.15 8270 0912412018 07:24 E83182 0.13 U MG/KG 0.13 8270 09124/2018 07:24 E03182 0.14'U MG/KG 0.14 8270 09/24/2018 07:24 E83182 0.18 U MG/KG 0.16 8270 09/2412018 07:24 E03182 0.11 U MG/KG 0.11 6270 09124/2018 07:24 E03182 0.15LI MG/KG 0.15 8270 09/2412018 07:24 E03102 18090589 1711 12th Street East * Palmetto, FL 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 9 OF 12 BENCHMARK En viroA n alytical Inc. ..aLAC Certification 8E84167 ISOPHORONE MALATHION MERPHOS METHYL PARATHION MEVINPHOS MONOCROTOPHOS N-NITROSO-DI-N-PROPYLAMIN E N -NITROSO DIMETHYLAMIN E N -N ITROSODIPHENYLAMI N EIDIPH ENYLAMI N E NAILED NAPHTHALENE NITROBENZENE PENTACHLOROPHENOL PHENANTHRENE PHENOL PHORATE PYRENE PYRIDINE RONNEL TIROPHOS LFOTEP TEPP TOKUTHION TOTAL SOLIDS 0.18 UC4 MG/KG 0.18 8270 09/24/2018 07:24 E83182 0.047 UC4 MGIKG 0.047 8270 09/20/2018 19:58 E83182 0.051 UC3,C4 MG/KG 0.051 8270 09/20/2018 18:58 E83162 0.047 U04 MG/KG 0.047 8270 09/20/2018 19:58 E83162 0.047 U MG/KG 0.047 8270 09120/2018 19:58 E83182 0.068 UC4 MG/KG 0.068 8270 09/2012018 19:58 E83182 0.16 U MG/KG 0.16 8270 09/24/2018 07:24 E83182 0,13 UC4 MG/KG 0.13 8270 09/2412018 07:24 E83182 0.25 U MG/KG 0.25 8270 0912412018 07:24 E83182 0.014 UC3,C4 MG/KG 0.014 8270 09/20/2018 19:58 E63182 0.13 U MG/KG 0.13 8270 09/2412018 07:24 E83182 0.16 UC4 MG/KG 0.16 8270 09/24/2018 07:24 E83182 0.22 U MG/KG 0.22 8270 09/2412018 07:24 E83182 0.14 U MG/KG 0.14 8270 09124/2018 07:24 E83182 0.11 UC4 MG/KG 0.11 6270 09/24/2018 07:24 E83182 0.043 UC3,134 MG/KG 0.043 8270 09/2012018 19:58 E83162 0.12 U MG1KG 0.12 8270 09/24/2018 07:24 E83182 0.16 UC4 MGIKG 0.16 8270 09/2412018 07;24 E83182 0.043 U MG1KG 0.043 8270 09/20/2018 19:58 E83182 0.051 U MG/KG 0.051 8270 09/20/2018 19:68 E83182 0.035 UC4 MG/KG 0.035 8270 09/20/2018 19:58 E83182 0.030 UC4 MG/KG 0.030 8270 09/20/2018 19:58 E83182 0.051 UC4 MG/KG 0.051 8270 09120/2018 19:58 E83182 93.9 % DRY WT 0.1 SM254OG 09/14/2018 08:43 JW Ail values reported in UG/KG, MG/KG #/GRAM and MPN/GRAM are on a dry weight basis Dale DMixononoratoty Director Way Tandsever / Kara Peterson - QC/QA Officers DATA QUALIFIERS THAT MAY APPLY: I = Reported value Is between the laboratory MDL and the POL. J2 = Estimated value. No control criteria exists for this component. J3 = Estimated value. Quality cenlrol criteria lox precision or accuracy not met. A = Estimated value. Semple matrix interference suspected. 'L = 08 -scale high. Value is known to be> the value reported. 0 = Sample held beyond accepted hold time. U = Analyte analyzed but not detected at the value Indicated. V = Analyte detected N sample and method blank. Y = Analysis performed on an improperly preserved sample. Data may be inaccurate. Z = Too many colonies were present (TNTC). The numeric value represents the filtration volume. 09/24/2018 Date NOTES: Pot=4xMDL. X = Value exceeds MCL. 2: SOUR calculations are based on Total Solids. J2: Per client request, analysis conducted without method blank. C3 = The associated laboratory control sample exhibited high bias; since the result Is NO, there is no impad. C4 = The assmial ld continuing calibration verification standard exhibited high bias; since the result Is ND, there Is no impact. ,r Questions and comments regarding these results, please contact us at (941) 723-9986 HeSUIIS relate only to the samples. 10090589 1711 12th Street East * Palmetto, FI, 34221 * Phone (941) 723-9986 * Fax (941) 723-6061 PAGE 10 OF 12 Benchmark EnviroAnalytical, Inc 1711 121' Street East Palmetto_ FT.- ;4221 941-723-9986 941-723-6061 Client Name: Earth Tech Environmental, LLC 10600 JoleaAve. BDnita Springs FL 34135 Andrew McAuley 516-647-9699 / office: 239-304-0030 andrewrdeteflorida.com. Jennifer Robka jenniferb'2 eteflorida.com slvNOygN—t-r vf/a.CsSfON '%%/F Q.CEt— - Project Name: Soil Survey si Laboratory Submission # Station ID Mavix l�ogQ��9 Pamiielm. Pre mnfive'. Container Type' i nk RCRA 8 Metals Scmivolatiles (EPA8270) (As Ba Cd Cr Pb Hg Sc Ag) priority pollutant PcSticideS (t:PA8081) °/HTS csHz s r,1 Organophosphorus Pesticides (t-PA8141) I x MmL.Amba Gla. Plein 1 x 950mL Amba Glass - Plain T'•� �2'r,� Umek mime q 1 I Z I/ a.. tL✓ l or> p, Date R lime: , I (9) 12 . 2-0 Soil iUale Bc �imc:�� .00�jya 17 'bamgr Ivpc' a srsetl w nWsww ntx[hasac wmPk rias a gran fal aw11KhK rt Has x mmA+sne (!l --C..K.arv9IS mLLMfY nIOiurI. Wnhe6wherr ulhsevrn®kfv e6ePAindis 4pIM� 9fnRu'+rJve!s Hary lDW4 ��Wnax l4ls"I. svKx<urerr$Yl.fmh wrfare•.a�er(FSlCa salircsur(xe WmerlSSWl, wil adimmrf$OAL�r1. a•afucy I$(DGI. 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N�21511 fairaral� I<07j 928531q Fat)40])�`A88C5- (9011 60pi Fax (90F1298I+210 (919)4fi73090, F.(919)Page J_ Or lam me Benchmark EA Prolecl meet 18090589 im pee( p�yB Racdh BY Alk /G. p aleTlme 91/1v(f g; RegPeslad An•Iyae9 Received By pelamald 'Requested'Tumeround Times Note . flush repuesls subjacrte a.Mpm. by ale N61y X Standard. Ex edited — P Due 0: m "� a E Opp M e) ll IL d Q) a o L rn. 0 m1affim. Rebel d ' pe/elillne M.. 1711 12th $tceet East Proied Neme0eac ponovan-Livingston Parcel CIVISTZP - Palmetto FI 34221 PO#'I BIpbl9 lmdco - Tel 941-723-9986 Fax Repo MCda=tN Bettina Samger(s)Neme, Aniliefion (H1n1) Client 4 B191re Canle(t Nathan Sampter(s)Stglralise Fa 1a9y#{lrrelP,vea) LabyVodeorder Pmtem- on(See. odes)' ombmeaseeceM yj liem#C_o0ecubh Sample 10 (Field ldemirusWji) Co1k nOme Tune 0.m. /Grab nx sea' codes) Coillainem I - 1. 1 $ampleComments 1 1.8090589-1 09112/1.0 1200. Grab SO 1 X X X 2 16090589-2 1220 1 X X X 3 18090589-3 1300. 1 X X X -Totalikof Containers ple KM PmPuwecl Uy - afefrlme - im pee( p�yB Racdh BY Alk /G. p aleTlme 91/1v(f g; (',omnidnts' p21eM.e Received By pelamald m1affim. Rebel d ' pe/elillne .aolel#sB Ta l Cpl oM Pon 11"Pr ' _.ptahle lJhactepta6le ___. __.___ r.�__._... _.._.._moi .... ....__.e �. ..r..r .....cc... -.................q Nole All sampfessPbmWe614 ENCO 4ebs eiein adcdrtlance•>•llh the lefmsaM ponElfimle:li5fed onihereversey9ls lOeP, wleS,spncl Wliftenagreemenu eels[ Environmental Data for PUDZ Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.wm Ub COLLIER COUNTY Donovan Livingston Parcel Col' County, Florida �g<.• EARTH TECH ENVIRONMENTAL. LLC 10600 Jolea Avenue BONITA SPRINGS, FLORIDA 34135 PHONE (239) 304-0030—.FAX (2.39) 324-.0054 ET E F L O R I D A. C OM LOCATION MAP E N/A N/A CLE "PUD BOUNDARY APRIL CIRCLE PUD REBOENTIAL DEN311Y: EBDPUD RESIDENTIALDWEWNG UNRS: ORD. GROUP HOUSING UNITS: 111 OBD.. BT -13 INFILL BONUS, 1 MUST BE TRANSFERRED MULTIFAMILYRESIDENTIAL MULTIFAMILYREMICENTIAL OEVUTON#1 SEEM RELIEF FROM WCSECTION 4.05.02. BUFFER REQUIREMENTS, NOTFOR WHICH REQUIRES A TEN-FOOT-WIDET(PE A BUFFER WHEN MULTIFAMILY CONSTRUCTE0. WEAN AREA DFAPPgO%IMATELY 330,1N 5pUARE FEETOR ML RESIDENIS ADJACENT TO THE PROPOSED MULTIFAMILY RESIDENTIAL OR ACHES OF MO. D 40 80 160 REQUIRES A RFTEEN-FOOT-WIDE TYPE B BUFFER WHEN MULWAIAILY RESIDENTIAL IS ADIACENTTOTHE PROPOSED COMMUNM FACILITI, TO ALLOW SUBIECFTO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. r m N I m J MAKL�e Pnecle\L\WIHDSTC}I q0 PILO\OYFG\PlanNry D.,Plone\BIIBBIE PLAN URAL, UNP... (it � 11)T"m_NeFnn,rMn ry. ru �n�• _ vw_ 15' TYPE D 1 L.B. a w 30' R/Y SETBACK r s ED �30' F/Y SETBACK 10' TYPE A LB. 'DEVELOPMENT AREA I > c Cd 109 J <OZ I I C✓� I mIYYY4 ymjlj O w ~ O m tO I m I s rB, lo.v nd L}- LIVINGSTON LAKES PUD PRESERVE PLANNING NOTES: CURRENTZONING. A -AGRICULTURE PROPOSEDZONIN@ MPUD - MIXED USE PLANNED UNIT DEVELOPMENT CURRENT UUND USE: VACANT FUTURE LAND USE: URBAN RESIDENTIAL SUBDISTRICT LAND USE SUMMARY: OEVELOPM E NT AREh S 7.09 ACRES WATER MANAGEMENT: ESTIMATED t 1.14 ACTS BUFFERS: t 0.49 ACRES TOTAL SITE AREA = 4].50 ACRES USABLE OPEN SPACE WITHIN PUD DISTRICTS CONTAINING COMMERCIAL, INDUSTRIAL AND MI%ED USE INCLUDING RESIDENTIA4 AT LEAST 30 PERCENT OF THE GROSS AREA SHALL BE DEVOTED TO USABLE OPEN SPACE ].58ACX30%=227AC• 'USABLE OPEN SPACE LOCATIONS WILL BE DETERMINED ATTIME OF SDP FERMIRIHG. RESIDENML ZPER UNIT GROUP HOUSING: INDEPENDENT UVING UNITS - ONE Ill PER DWEW NG UNIT ASSISTED LIVING UNM-0.75 PER ASSISTED UNIT NURSING CARE UNITS -TWO (2) PADDING SPACES PER FIVE (5) BEDS MA%IMUM DENSITY: REBOENTIAL DEN311Y: MOU/A' RESIDENTIALDWEWNG UNRS: 76 GROUP HOUSING UNITS: 111 ' OF THE 3 UNITS OF RESIDENTIAL INFILL BONUS, 1 MUST BE TRANSFERRED DEVELOPMENTRIGHTS GENERAL NOTES: 1. INTERNAL THOROUGHFARES, INTERNAL PEDESTRIAN ACCESS WAYS AND INTERCONNECNON ROADWAYS WILL BE PROVIDED. LOCATIONS WILL BE DETERMINED ATTME OF SDP PERMITTING. LEGAL DESCRIPTION: THENORTHI/ZOFTHENORTHWM1/40FTHESOUTHWESTI/40FTHE PRESERVE'yI REQUIRED: W.13 AMU C-09 ACRE X 10%) PROVIDED:.A1 ACRES ,j4 NORTHWEST 3/4, ANDTHE NORTH LZ OFTHE SOUTH W OFTHE NORTHWEST TAT DEVIATIONS: 1/4 OFTHE SOUTHWEST I/4 OF WE NORTHWEST I/4, SECTION 3p TOWNSHIP 48 1 V PRELNWNAA SOUTH, MNGE 26 EAST, COWER COUNTY, FLORIDA. OEVUTON#1 SEEM RELIEF FROM WCSECTION 4.05.02. BUFFER REQUIREMENTS, NOTFOR WHICH REQUIRES A TEN-FOOT-WIDET(PE A BUFFER WHEN MULTIFAMILY CONSTRUCTE0. WEAN AREA DFAPPgO%IMATELY 330,1N 5pUARE FEETOR ML RESIDENIS ADJACENT TO THE PROPOSED MULTIFAMILY RESIDENTIAL OR ACHES OF MO. D 40 80 160 REQUIRES A RFTEEN-FOOT-WIDE TYPE B BUFFER WHEN MULWAIAILY RESIDENTIAL IS ADIACENTTOTHE PROPOSED COMMUNM FACILITI, TO ALLOW SUBIECFTO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. FOR NO LANDSCAPE BUFFER TO BE PLANTED ONTHE SOUTH PROPERTY LINE _ a; xo-OFe SCALE IN FEET AdACFMTO AN ABUTTIHGPRFSERVEPROVIOEDTHERF IS FULLOPA[IIY. MAKL�e Pnecle\L\WIHDSTC}I q0 PILO\OYFG\PlanNry D.,Plone\BIIBBIE PLAN URAL, UNP... (it � 11)T"m_NeFnn,rMn ry. ru �n�• _ vw_ 1 F 4 Note: 2018 Aerial obtained from Collier County Property Appraiser. Subject Property boundary obtained from Davidson Engineering. I 75 150 i 300 Feet Donovan Livingston Parcel Collier County, Florida 520 1.04 Ac 520 0.1 Ac POCKET, LAKE DR%"ZV,,. ��ttl 7ecd EARTH TECH ENVIRONMENTAL, LLC • 10600 JOLEA AVENUE 10600 J SPRINGS, FLORIDA 34135 PHONE (239) 30.4-0030 FAX (239) 324-0054 axaarxo. �„x�= www.eteflorida.com X Anticipated Jurisdictional Wetlands 4.23 Acres Subject Property Wetlands Anticipated Jurisdiclonal Wetlands Other Surface Water (OSW ) 1, FLUCCS Mapping 42211, Hydric Brazilian Pepper t! 520, Borrow Area �RaRS 624-P2, Oyprese-Pine-Cabbage Palm (26-50% FxoSce) 631-E4, Wetland Scrub (>75% Exotos) e 740H, Hydric Disturbed Land ,�� 743, Vegetated Spoil Area ' �- h t Anticipated Jurisdictional Wetlands wre raxamxc. acne 11/28/18 N/A AS SHOWN z6 E Now 2018 Aerial obtained from Collier County Property Appraiser. Subject Property boundary obtained from Davidson Engineering. i Or y, 'a rn i y► fa >is d M47i��i. f 624-E2 -- 1.09 Ac . • /"rte li ..-�^ - .w7 �'� tea- c-3 EARTH TECH ENVIRONMENTAL, LLC. Donovan Livingston Parcel 10600 JOLEA AVENUE g BONITA SPRINGS, FLORIDA 34135 C-71ierCounty, Florida WWW eEe(2o9tla0 -0030 FAX (239) 324-0054 uc '11100I y 1 Collier County ' Native Vegetation 1.09 Acres Y i Subject Property L Native Vegetation 624-E2(1.09 Ac) Native Vegetation o. X ��11/28/18 JEI'N/A 4u"k5 SHOWN ,`,nt, rem EmiVnIMY,LLC MEMORANDUM DATE: July 10, 2019 TO: Craig Brown, Environmental Reviewer, Collier County FROM: Jennifer Bobka, Ecologist, Earth Tech Environmental RE: KASE MPUD (F.K.A. Donovan -Livingston Parcel); PUDZ-PL 20180002453 The following is in response to the Collier County Review Comment Letter dated June 24, 2019 (Appendix A): Environmental Review; Reviewed By: Craig Brown. 1. Please provide an exhibit to show the preserves on adjacent property. • See Appendix B, Adjacent Preserves Map. 2. Please clarify how many Black Bear calls and telemetry occur within one mile of the subject property. • Based on the latest available data as provided by Florida Fish & Wildlife Conservation Commission (FWC), black bear telemetry has not been tracked in South Florida since 2007. 125 black related calls occurred within 1 -mile of the Subject Property between 2016 and 2018. See Appendix C, Black Bear Map. 3. Please clarify the proposed project development type to determine the correct percent of preserve to be saved. 15% is required for mixed use per LDC 3.05.07. Update the calculations as needed. • See Appendix D, Master Plan, as provided by Davidson Engineering, with preserve depicted. Please feel free to contact me if you have any questions. Sincerely, Jennifer Bobka Ecologist, Earth Tech Environmental 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 jenniferb@eteflorida.com Earth Tech Environmental, LLC Office: 239.304.0030 www.eteflorida.com C Co L County Growth Management Department June 24, 2019 Anna Ritenour, Senior Planner Davidson Engineering, Inc. 4365 Radio Rd, Suite 201 Naples, FL 34104 RE: PUDZ-PL20180002453; KASE MPUD Dear Ms. Ritenour: The following comments regarding the above referenced project that was submitted on 5-20-19, are being provided as requested. Please be aware that this is not a comprehensive list and is only being provided as a courtesy. All reviews must be completed prior to resubmittal. Rejected Review: Comprehensive Planning Review; Reviewed By: Sue Faulkner 1. This MPUD rezone petition may not be deemed consistent with the GGAMP. The applicant needs to submit an explanation of how this project meets all of the criteria for the Density Bonus provision for Residential In -Fill in order to qualify for the three additional dwelling units per acre. Also, PUD revisions are needed as noted in our review. Rejected Review: Environmental Review; Reviewed By: Craig Brown 1. Please provide an exhibit to show the preserves on adjacent property. 2. Please clarify how many Black Bear calls and telemetry occur within one mile of the subject property. 3. Please clarify the proposed project development type to determine the correct percent of preserve to be saved. 15% is require for mixed use per LDC 3.05.07. Update the calculations as needed. Rejected Review: Public Utilities - PUED Review; Reviewed By: Eric Fey 1. 6/20/2019: In the "Potable Water and Sanitary Sewer Systems" summary in Attachment "C," delete the sentences, " There is also an existing 10" PVC irrigation quality main located along the east side of Livingston Road, potentially available for on-site irrigation. Connection to the IQ main will be determined at time of SDP permitting." I.Q. service is not available to new customers at this time. Rejected Review: Transportation Planning Review; Reviewed By: Michael Sawyer 1. Additional Items that need to be addressed for Transportation Operations Review: Rev. 1: Reference TIS. Please add a section that covers the location of this development in the APPENDIX A TCMA. Because the CCPC has looked in depth all projects within the TCMA's including a section for this development is likely prudent. Understanding the impacts for this development do not trigger TCMA requirements -concerns, especially as it appears peak hour direction for this development is opposite peak hour AUIR segment call. Please outline clearly that the development is outside of TCMA requirements. Rejected Review: Zoning Review; Reviewed By: Timothy Finn 1. Submit Affidavit of Authorization from the current property owner (William A. Donovan) to the contract purchaser (AJS Realty Group, Inc) 2. Submit Affidavit of Authorization from the current property owner (Patricia Donovan Granados) to the contract purchaser (AJS Realty Group, Inc) 3. Submit Affidavit of Authorization from the contract purchaser (AJS Realty Group, hic) to the agent (Davidson Engineering, Inc.) 4. On PUD Master Plan please include the following: 1) The location and size (as appropriate) of all existing drainage, water, sewer, and other utilities 2) The location of all proposed major internal thoroughfares and pedestrian accessways, including interconnecting roadways within the PUD as well as with abutting uses 3) Typical cross sections of all major, collector, and local streets, public or private, within the proposed development 4) Label the proposed vehicular ingress and egress points 5) The location of water management areas 6) The location of any roadway and/or utility easements 7) The location of the clubhouse/recreation buildings 5. Provide the location and nature of all existing public facilities, such as schools, parks and fire stations that will service the PUD 6. The cover letter states that the property will allow for either residential or a group housing community facility to be constructed with no combination of the two and development will be limited by a maximum of 78 unadjusted two-way PM peak hour trips. However, Exhibit A of the PUD document does not show this language. As such, please add this language In Exhibit A in the permitted uses section. 7. The TIS and the conceptual site plans shows one proposed site plan with 14 buildings and another site plan with one building, a courtyard, and gardens. However, In Exhibit C Master Plan in the PUD document, shows this site plan as bare with the illustration of "development area". Please explain why this is? 8. Adhere to the following comments: • Ex. A — lists 212 group housing units AND 0.45 FAR; LDC lists 0.45 FAR. Shouldn't 212 be removed OR clearly state the FAR controls (e.g. max. of 212 units subject to 0.45 FAR)? • Ex. C — lists 212 group housing units (vs. FAR). Same issue. • Ex. C — "L.B.", "F/Y", "S/Y", "R/Y" abbreviations not explained. • Ex. B & C — Seems unusual and problematic to identify yard setbacks on the Master Plan rather than PUD/perimeter boundary setbacks. Ex. B lists several setbacks different than those on the Master Plan (some <, some >). Which controls when in conflict: setbacks shown on Master Plan or those listed on Ex. B? Does "minimum PUD setback" (of 15 feet) on Ex. B refer to the PUD boundary (as in Setback From PUD Boundary?). • Ex. F — shouldn't this contain the standard operational characteristics language for senior/group housing? Rejected Review: County Attorney Review; Reviewed By: Heidi Ashton-Cicko 1. County Attorney review will commence with Submittal 2. If all County staff approve Submittal 1, the County Attorney's office will be notified and submittal 1 will be reviewed. Rejected Review: Landscape Review; Reviewed By: Mark Templeton 1. Type 'B' buffers are required along the North and East if developed as an ALF 2. The buffer along the South does not appear to extend all the way to the preserve in the SE corner on the master plan. Please revise to show the South buffer extending the full length of the south boundary to the preserve. GENERAL COMMENTS: [Timothy Finn] 1. Additional comments or stipulations may be forthcoming once a sufficient application has been submitted for review. This correspondence should not be construed as a position of support or non-support for any issues within the petition. Staff will analyze the petition and the recommendation will be contained in the staff report prepared for the Collier County Planning Commission (CCPC) or Hearing Examiner (Hex). 2. Please be advised that pursuant to the LDC, an application can be considered closed if there has been no activity on the application for a period of six (6) months. That six months period will be calculated from the date of this letter. 3. Please ensure that all members of your review team that may testify before the Hex/CCPC and the Board of County Commissioners (BCC) are registered as lobbyists with the county pursuant to the regulations regarding that issue. 4. When addressing review comments, please provide a cover letter outlining your response to each comment. Include a response to all comments. 5. Please put revised dates on all exhibits and in the title block of the Site Plan. The PUD document should include a footer that reflects the project name, petition number, date and page X of Y for the entire document. Documents without this information will be rejected. 6. A partial resubmittal cannot be accepted; please do not resubmit until you can respond to ALL review comments. 7. Public hearings cannot be held until the Neighborhood Information criteria has been met. In some petition types a Neighborhood Information Meeting (NIM) must be held while other petition types only require the agent to send a letter. All letters and ads must be pre -approved by the county planner. For additional information about the process please contact me. Please note that the NIM must be held at least 15 days prior to the first hearing. As you prepare for that meeting, please be aware of the following items: a) Please provide the required affidavit and its attachments prior to the meeting (in compliance with the LDC); and b) Please post signs to direct attendees to the exact meeting location; and c) Please ensure that there is sound amplification equipment available and working for this meeting. If there is no permanent equipment, please bring a tested/working portable microphone; and a) You must provide a written synopsis of the meeting that includes a list of all questions and answers as well as providing the audio/video tape; and b) Please prepare documents for hand out to all NIM attendees and the public hearing file, that show the differences in the uses that would be allowed in the existing and proposed zoning districts. This request is based upon recent CCPC direction. 8. Note the adopted fee schedule requires payment of additional fees for petitions that require more than four resubmittals; please contact the appropriate staff and resolve issues to avoid this fee. Timothy Finn, AICP Principal Planner Cc: Anna Ritenour, Davidson Engineering, Inc., Eric Fey, Heidi Ashton-Cicko, Sue Faulkner, Mark Templeton, Mike Sawyer, Craig Brown 00 O 0 • O 0 O O O O ® O O O dD 0 OB O e0 p 0 O O O O _ p Q 00 CO CD 00 00 O O O O(g O O O 0 nn p Q%O 0 O t6 O 0 O 00 O O O O O Q� 1O 00 0 00 0 O b mo 0;0 0 00 0 00 0 0 0 O (i O 0 SUBJECTPROPERTY�0 0p opo 0 0 0 0 o a 6, 0 O 0 0 00 p a) (b o O 6000 00 6)0 0 0 0 0 °pyo, 0 0 0 8 p0 O 0 0 0 00 • ® o 0 0 IMMOKALEE RD • • 0 0 OLDS • p 0 O r Cp C O 0 O O 0 O 0 0 00 0 0 to O Z p11 00 O tb 0 O 0 O Note: All information Is based on the latest data as made 0 0 0 p available by Florida Fish 8 Wildlife Commission (FWC 2019) �O' O e0 00 0 O 00 80 O Subject Property 0 ]I�nl• p O O 0 61, OF 1 -Mile Radius o • Black Bear Related Calls (FWC 2016-2018) 00 0Cc O 0 0 O FWC Black Bear Range Florida (2016) O VANDERBILT BEACH 0 00 O 0 Black Bear Presence - o It— Rare t 0 0 C - Abundant o 0 00 CCommon • Occasional 0 0 0 0 0 O 0 KASEMPUD �9tthTeC� EARTH TECH ENVIRONMENTAL, LLC FWC Black Bear Information 10600 JOLEA AVENUE (F.K.A. Donovan Livingston Parcel) B O N I TA SPRINGS, Fl- 3 4 1 3 5 x PHONE (239) 304-0030 FAX (239) 774-0800 usfilPRUJEC 40, Collier County, Florida www.etefIorida.com C x 7/10/19 N/A ASSHOWN Environmental, LLC From: FinnTimothv To: Anna Ritenour; SmithCamden Subject: RE: KASE PUD - PL20180002453 Date: Friday, lune 28, 2019 10:04:52 AM Attachments: 0maaeOO8. nno Hi Anna, That's correct, both these comments have been withdrawn Timothy Finn, AICP Principal Planner Co ger County Zoning Division NOTE: New Email Address as of 1210912017: Timothy. Finn@ collierco u ntyf I. oov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at httoWbidy/CollierZonine. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: Anna Ritenour <Anna@davidsonengineering.com> Sent: Friday, June 28, 2019 9:51 AM To: FinnTimothy <Timothy.Finn @col liercountyfl.gov> Subject: RE: KASE PUD - PL20180002453 Hi Tim, Thanks for the call this morning. As discussed, I just wanted to confirm we can waive the two comments below and make note of our discussion in the response letter. Thank you, Anna Ritenour, AICP Senior Planner Davidson Engineering, Inc. Main: 239.434.6060 C•1... . ..-r• r--1111109ftlju Naples, FL Sarasota, FL From: Anna Ritenour Sent: Thursday, June 27, 2019 3:48 PM To: FinnTimothy <Timothy.Finn(@colliercountyfl.eov> Subject: KASE PUD- PL20180002453 Hi Tim, I'm in the process of reviewing the comments received for the KASE PUD and am awaiting confirmation of a post -review meeting date. In the meantime, I wanted to check with you on a couple of your comments. This is a lengthy email and we can certainly discuss this on a call if you prefer, but I wanted to get it all in writing for your review. 6. The cover letter states that the property will allow for either residential or a group housing community facility to be constructed with no combination of the two and development will be limited by a maximum of 78 unadjusted two-way PM peak hour trips. However, Exhibit A of the PUD document does not show this language. As such, please add this language In Exhibit A in the permitted uses section. I was given the Cleary PUD (Ord. 17-44) at the pre -app meeting and recommended by you (and maybe Ray?) to use as an example since this was a similar petition in asking for multifamily OR group housing. I copied the same language from that PUD and wondered if that was insufficient in specific areas and why? This is also why I chose to limit the PUD to a number of units and FAR. If we should only be limiting the group housing to FAR, please let me know. Approved Cleary PUD — PERMITTED USES: A maximum development density of 63 rtsgentuil dwelling units or 200 units of group housing for seniors shalt be permitted within the RPUD Construction of more than 36 residential dwellings requires the developer to demonstrate that they have transferred L dwelling unit per acre from Sending Lands consistent with the infill provisions of the Future Land Use Element and Exhibit F.2 of this PUD document. IM MM tdAM illostilm pOYp AouNttg alw. No budding or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following. MIXED USE: A. Principal Uses: Group housing for seniors including assisted Wing, continuing care retirement communities, skilled nursing, memorycare and independent living facilities at an FAR of up to 0.50 (See Exhibit A Item C, Operational Requirements for Group Housing and Exhibit E, Deviation pl); Residential Dwelling Units a. Single-family, including detached, zero lot line, two family and duplex; b Townhouse; c. Multi -family; Any other use, which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner Proposed KASE MPUD— A maximum of 76 residential dwelling urns or 212 group housing tarots for unions shall be permitted within this MPUD. Construclion of more than 2 residential dwellings per acre requires the developer to demonstrate that they have transferred I dwelling unit per acre Irom Sending lands consistent with Sec. I.B.2.d the Residential Will Density Bonus provision of the Growth Management Pian F uture lend Use E lement. The FAR established by this MPUD shall govern group housing unitJ No building or structure,or part thereol, shall be erected, altered or used, or land used, in whole or in part, Ion other than the following: Principal Uses: I. Residential Dwelling Units a. Single-family, including detached, zero lot line, two family/duplex; b. Townhouse; C. Multi -family; 2. Group Housing tot seniors including assisted Irving, continuing care retirement communities, skilled nursing, memory care and independent living Facilities with FAR up to 0.45; pursuant to 5429 F.S- 3. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (8ZA) or the Hearing Examiner by the process outlines in the EDC, subject to lite following criteria: a. The Standard Industrial Classification Code shall be similar, and b. The uses must function in a similar fashion; and c. The uses most be of similar intensity. The second comment I wanted a little more clarification on is the following: 7. The TIS and the conceptual site plans shows one proposed site plan with 14 buildings and another site plan with one building, a courtyard, and gardens. However, In Exhibit C Master Plan in the PUD document, shows this site plan as bare with the illustration of "development area". Please explain why this is? The TIS only has the MCP used for Exhibit C, whereas the methodology attachment does show the multifamily concept because it is the highest traffic generator; therefore, the calculation used for trip cap. I included the short description below of the difference between the MCP (Exhibit C) and the concepts (Attachment D) in my narrative with first submittal. Quite possibly this was not clear enough, but I'm wondering if you agree that a clearer description of the difference between Exhibit C and Attachment D is a sufficient response. Although these concepts were not required, we thought it would be better to include the scenarios for reference during review, although it's understandable that this is confusing when Exhibit C Master Plan is pretty bare. ATTACHMENT "B" NARRATIVE AND EVALUATION CRITERIA The purpose of this Planned Unit Development Rezone (PUDZ) application is to rezone approximately t 7.5 -acres from Agriculture (A) to Mixed Use Planned Unit Development (MPUD) to allow for the development of multifamily residential or group housing. The KASE MPUD development will be limited by a maximum of 78 unadjusted two-way. PM peak hour trips; allowing to; maximum projected trips generated by either multifamily residential or group housing. The PUD Master Plan. Included as Exhibit C to the PUD Document. Is the binding document to be recorded with the PUD ordinance Additional concepts have also been included In this submittal as Attachment D as a reference for the difference between a potential multifamily development and a group housing development these are conceptual only and should not be considered for recording as part of the DUD Master Plan We are working on including more detail to the MCP and other language to be more clear, but I wanted to go ahead and reach out to you and see if you could assist me with better understanding these two comments prior to the post -review meeting. Thank you, Anna Ritenour, AICP Senior Plannc DIE DAVIDSON T rJ C. 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EER ZASA, DOREEN A 67 PIERPONT RD 4041 PARKSHORE BLVD N #1004 15184 BUTLER LAKE DR #102 DUDLEY, MA 01571---0 NAPLES, FL 34103---0 NAPLES, FL 34109---0 ZDRAVEV, BLAGOJA ZENELAJ ETAL, ISMAIL ZENELAJ, ISMAIL EMILIJA MITEVA 756 E BROADWAY 756 E BROADWAY 8098 TAUREN COURT BOSTON, MA 02127---2347 BOSTON, MA 02127---2347 NAPLES, FL 34119---0 ZHUPA, ATLANT ZIMMERER, MICHAEL & EVA ZIZZO SR TR, FRANK D 101 WADING CIR #206 FELDBRUNNEN STR. 53 ANGELA E ZIZZO TRFRANK D ZIZZO SR REV LIV TRUSTANGELA E ZIZZO REV LIV TRUST NAPLES, FL 34110---0 HAMBURGH 20148 GERMANY 4630 ST CROIX LN #817 NAPLES, FL 34109---3520 DE DAVIDSON F i i (, i ri r r P i ri r: ESTABLISHED October 11, 2019 Dear Property Owner, Civil Engineering • Planning Permitting I ,esigningl xcellence The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc., representing property owners William Donovan and Patricia Donovan Granados and applicant Andrew Saluan, AJS Realty on: Tuesday, October 29, 2019 at 5:30 p.m. at Vanderbilt Presbyterian Church located at 1225 Piper Blvd, Naples, FL 34110. The subject property is located on the east side of Livingston Road, approximately % mile south of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of±7.58 acres. (see back for location map) The property owners are petitioning Collier County for the following: Planned Unit Development Rezone (PUDZ-PL20180002453): Rezone from Agriculture to Mixed Use Planned Unit Development (MPUD) to allow for the development of various residential types, senior group housing, or limited essential services, with no combination of uses. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Collier County staff. 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 individual below: Anna Ritenour, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: anna@davidsoneneineerin¢.com 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Location Map PROJECT LOCATION LN � BcRMVM a1GA � I � RILCIRCLE - - PUD PUD A EeoLI LN 1 r f SITE - -CroixJY LOCATION a ' � r 5. oI a Q R 9D5 = 3 CD PUD m & G AGE LIVINGSTONLAKES -- PUD =�'+ llo cket.4ake IS DR _. _ dm t8 d� PELICA[ RO � I Petition Number: PL20180002453 Zoning Map r KASE Planned Unit Development Rezone NEIGHBORHOOD INFORMATION MEETING October 29, 2019 DAVIDSON ESTABLISHED 9o1/n7 Cf G Csrllon Lakes ^� Piper BLVD all.: JDB V e Immnkalee RD �z CoR 3AI� 0 y Uuppa WAY t0 n 7 —C < a z Jog PROJECT Y 'Croix LN 3°' LOCATION a r dtlerf ODR F I d _ I Aston Cmrprd Porker l.af:e DR Pyokr LakeCll� Palmer Lake CIR 1`. Location Map Petition Number: PL20180002453 Zoning Map RIL CIRCLE PUD PUD A Sain EeoLI roil LN SITE c - --Croix Y LOCATION N Q d a Y r o d d � PUD LMNGSTONI ES PUD .t Yt k R- b PELIC �•�= �' FA4RSn Petition Number: PL20180002453 Zoning Map �. PR ;Gp'm :.IIa i$ �MPerrBly A r h .'� sp artl � � raY• y I �,• •i f � y � � it Y `r.;. � : � �� i N r. � �'WitlOe rc7aNs ' a Y �Ws 6oltl Oa -L -n---- o. a DAVIDSON Current Zoning: Agriculture PUDZ Request: • Rezone to Mixed Use Planned Unit Development • Allow residential, senior housing and essential services • No mix of uses proposed his is not a Mixed U development* Collier County staff determined the title of the PUD based on the various uses DAVIDSON PROPOSED MASTER SITEPLAN kjy:fd DAVIDSON APPROXIMATE APR.COR LE PUD _. PRESERVE N O LOCATION OF oao can EXISTING 20" _ MLILTF'MlY� n� FORCE MAIN II PROPOSED 15' TWE B LANDSCAPE 15' PUD PERIMETER BUFFER AND FENCE/WALL SETBACK jr �� "PUO BOUNDARY" ' I PEDESTRIAN 7 . CONNECTION (EXACT LOCATION TBD) I r III DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 15' TYPE B LANDSCAPE BUFFER ANC FENCE/WALL W 7 15' PUD n PERIMETER SETBACK I 'D p 'DEVELOPMENT AREA' - I 15' PUD PERIMETER I SETBACK ` 15' TYPE D ` it LANDSCAPE BUFFER `I APPROXIMATE 1 LOCATION OF 1 EXISTING 16" WATER MAIN �.aviosoN . - 24' WIDE t15' PUD PERIMETER SETBACK 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL STANCE TO BE DETERMINED AT DEVELOPMENT ORDER LIVINGSTON LAKE$ PUD ORD 99-18 MULTIFAMILY RESIDENTIAL 0.16 AC PRESERVE N O SCALE 1:100 KASE PUD :ONCEPTUAL MASTER EXHIBIT C -1 OF 2 APPROXIMATE APRLLCIRCLE PUD EBOLI PUD LOCATION OF e97c ORD. 97-29 I EXISTING 20" MULnFAMILY RESIDENnAL MULTIFAMILY RESIDENTIAL FORCE MAIN 15' TYPE B LANDSCAPE 15' PUD PERIMETER PROPOSED BUFFER AND FENCE/WALL SETBACK "PUO BOUN RY" PEDESTRIAN CONNECTION _ (EXACT LOCATION TBD) 14 C DISTANCE TO BE DETERMINE .Z AT DEVELOPMENT ORDER C 03 O O ® O m 'DEVELOPMENT AREA' 15' PUD PERIMETER SETBACK MINIMUM 24' WIDE 15' TYPE D Ir LANDSCAPE ED BUFFER F- AT DDEVELOPMENT ORDER f �l 1► j APPROXIMATE L. LOCATION OF EXISTING 16" WATER MAIN 15' PUD PERIMETER SETBACK ":;„„„" 15' TYPE 8 LANDSCAPE SOH �-�-- BUFFER AND FENCE/WALL LIWNGSTON LAKES PUO ORD 9916 MULTIFAMILY RESIDENTIAL 0.16 AC PRESERVE 15' TYPE B LANDSCAPE BUFFER AND FENCE/WALL 15' PUD PERIMETER SETBACK I 1O£y <�z , mWs wm� m P' y C � o 0 SCALE 1:100 KASE PUD JONCEPTUAL MASTER PLAN EXHIBIT C -1 OF 2 APPROXIMATE - LOCATION OF EXISTING 20" i FORCE MAIN PROPOSED PEDESTRIAN CONNECTION s (EXACT LOCATION TBD) I r I � 5i W O n Z 0 II 0 I 15' PUD PERIMETER - 15' TYPE D LANDSCAPE BUFFER APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN DAVIDSON A 11- CIRCLE PUD ESOU PUD ORD. 6416 ORD. 97-23 MMnF"ILY RESIDENTIAL MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE 15' PUD PERIMETER PUD BOUNDARY" BUFFER AND FENCE/WALL ; SETBACK DISTANCE TO BE DETERMINED 15' TYPE B AT DEVELOPMENT ORDER LANDSCAPE BUFFER AND FENCE/WALL 15' PUD PERIMETER m SETBACK DEVELOPMENT AREA' ; I µU. r T � Dln . <P m>�MINIMUM 24' WIDE o"w I c DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER I L. D PERIMETER SETBACK T5"T7VP,5E B LANDSCAPE BUFFER AND FENCE/WALL LIVINGSTON LWES PUD ORD. 99-18 MULTIFAMILY RESIDENTIAL 0.16 AC PRESERVE N SCALE I:IDD KASE PUD :ONCEPTUAL MASTER EXHIBIT C - 1 OF 2 APPROXIMATE - LOCATION OF EXISTING 20" FORCE MAIN II PROPOSED PEDESTRIAN CONNECTION (EXACT LOCATION TED) III � I � C � s Do 0 r0 1 � Z 7J O PE15'RIMETPUDER- SETBACK 15' TYPE D LANDSCAPE BUFFER 1 APPROXIMATE LOCATION OF EXISTING 16" WATER MAIN D4YI MSON 1 0.16 AC APR6. CIRCLE PUO J PRESERVE O • I � N F DLI PUD t15' PUD PERIMETER SCALE 1:100 SETBACK LIVINGSTON LAKE$ PUO ORD. 8976 CRD. 87-28 EXHIBIT C - 1 OF 2 NULTF MILY RESIDENTIAL MULTIFAMILY RESIDENTIAL 15' TYPE B LANDSCAPE 15' PUD PERIMETER "PUD BOUNDARY" BUFFER AND FENCE/WALL r SETBACK r ` jiSTANCE TO BE DETERMINE: 15' TYPE B AT DEVELOPMENT ORDER '\ LANDSCAPE BUFFER AND I FENCE/WALL 15' PUD PERIMETER SETBACK m 'DEVELOPMENT AREA' � z I • IKINP�2C wm - MINIMUM 26' N10E c m \\\\ DISTANCE TO BE DETERMINED AT DEVELOPMENT ORDER 1 0.16 AC J PRESERVE O • I � N t15' PUD PERIMETER SCALE 1:100 SETBACK LIVINGSTON LAKE$ PUO 15' TYPE B LANDSCAPE ORD 9918 KASE PUD MULTIFAMILYRESIDENTML CONCEPTUAL MASTER PLAI BUFFER AND FENCE/WALL EXHIBIT C - 1 OF 2 PERMITTED USES: A maximum of 76 residential dwelling units of 212 group housing units for seniors shall be permitted within this MPUD. The FAR established by this MPUD shall govern group housing units. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Residential Dwelling Units a. Detached single family; b. Attached single family and townhouse; c. Two-family and zero lot line; d. Multi -family; 2. Group Housing for seniors including assisted living, continuing care retirement communities, skilled nursing, memory care and independent living facilities with FAR up to 0.45; pursuant to §429 F.S. a. If independent living facilities are constructed as single family homes or townhomes, then they shall be considered residential dwelling units subject to a maximum of 76 units. 3. Essential Services limited to governmental facilities, including law enforcement. fire, emergency medical services and facilities, public library services and facilities - 4. Amenity Area a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests- b- Community administrative and recreation facilities. Outdoor recreation facilities such as a community swimming pool, tennis/pickieball courts and basketball courts, parks, playgrounds, pedestrian/bikeways and passive and/or active water features (private intended for use by the residents and their guests only). c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve residents and their guests. d- Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for nee by fha recidenec and their ouecfc n,,M 5. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Greater setbacks applied for amenity structures B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Garages and/or carports 2. Guardhouses, gatehouses and access control structures 3. Amenity Area a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. b. Community administrative and recreation facilities. Outdoor recreation facilities such as a community swimming pool, tennis/pickleball courts and basketball courts, parks, playgrounds, pedestrian/bikeways and passive and/or active water features (private intended for use by the residents and their guests only). c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve residents and their guests. d. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests. only). 4. Indoor facilities customarily associated with group housing for seniors such as rehabilitation rooms, dining rooms, beauty shop, medical support facilities and offices, media and exercise rooms, and personnel service areas. 5. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 6. Temporary construction, sales and administrative offices forthe developer and developer's authorized agents, including necessary access ways, parking ways and related uses, subject to the procedures for a temporary use permit provided in the LOC i. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning Appeals (BZA) orthe Hearing Examiner by the process outlined inthe LDC. LIVINGSTON LAKES PUD MASTER PLAN ^'�eUcsec <ASENAP„- pw -FrLm PRD - DONOVAN CENTER Lum nji 'Ir MMEU6YlODP1i81Y 1PE6 - \•'• ,•• i - 1 A. AOMJLTINE J NORTH A, ARiNCRLTOlE . uwo use reR>t c TIIACT 'iR- FE9DEMIAL (30 UNITSk 7ao"ACRES s! TRACT F' PAVE AREA& TOTAL PN),ECT AREIL' 40.3t ACM Ftl I (Ord. 99-18) 0 loo zoo 000 NEXT STEPS • Awaiting staff approval of application documents • Schedule Planning Commission hearing • Legal notification will be mailed and advertised prior to public hearing • Planning Commission makes recommendation to Board of County Commissioners • Legal notices will be required for this hearing also QUESTIONS? Davidson Engineering, Inc. Anna Ritenour, AICP anna@davidsonengineering.com 239-434-6060 Collier County Timothy Finn, AICP Timothy. Finn @colliercountyfLgov 239-252-4312 onviusoN I KASE PUD PUDZ - PL20180002453 10/29/2019 DIPi DAVIDSON Name Address Email Address 2 3 C C, sS 7^nV� A 4 s 7 8 9 Im Let,; �' i �— I u2 !�<�c y L<� ��- :;4 Te3 11r -e- LO31/0,7 10 2 o 11 Esc r �'� n S1 S.2 3 /�� /-S%%12 a G� '? j'U'�[S 1-�L 13 14 15 16 S v 18 19 20 DAVIDSON Civil Engineering • Planning Permitting I'll irirrriii-, _ -_ — ESTABLISHED esigning xcellence MEMORANDUM October 31, 2019 TO: Tim Finn, AICP, Collier County Growth Management Dept. FROM: Anna Ritenour, AICP, Davidson Engineering RE: KASE MPUD - PUDZ PL20180002453 Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting (NIM) for the subject KASE PUDZ Application on Tuesday, October 29, 2019 at 5:30 p.m. The meeting was held at Vanderbilt Presbyterian Church located at 1225 Piper Blvd, Naples, FL 34110. Anna Ritenour, AICP with Davidson Engineering was in attendance to represent the owner and contract purchaser/applicant. The sign in sheet, attached, indicates that 15 individuals were in attendance. Copies of the PowerPoint presentation and the draft PUD Document were available at the meeting and are also attached hereto. Anna Ritenour, agent for the applicant, conducted the meeting and gave an overview of the proposed application for Rezone to Mixed Use Planned Unit Development. She presented the site location, surrounding zoning and land use, explained the application currently in review and details of the proposed Master Concept Plan. Following the presentation, attendees were asked for questions or comments. The following list is a summary of questions asked and responses given by the agent in bold. 1. What are the proposed height restrictions? Response: Maximum height proposed includes the following: single family, townhome and two family has a maximum of 30 feet zoned and 35 feet actual height; multifamily and group housing has a maximum of 40 feet zoned and 47 feet actual height. All other development standards are within the PUD document on page 3 for comparison. 2. Were the preserve areas in Livingston Lakes required by Collier County or just done by WCI (developer at that time)? Response: Preserves were required by the County; however, we are not sure if WCI exceeded the requirements or not. 3. The eastern border of the property we're discussing is wetland. Is there any requirement to receive permits through the Southwest Florida Water Management District? Response: If any wetland is impacted, a permit from South Florida Water Management District. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D"IDSON FN G I N E FPI NG 4. Has this piece of property been sold? Response: It is currently still under the same historic ownership and under contract contingent upon this zoning approval. 5. Is there any indication as to what exactly will be built? Response: Not at this time. The uses listed in the PUD are requested to allow entitlement on the property. 6. Is there any chance it could be affordable housing? Response: It could be but we're not including anything in the PUD to require it. I don't believe that's been a consideration thus far. 7. My concern is traffic flow. If you're coming from the north, will you have to make a U -Turn at the Livingston Lakes entrance to enter the property? If you don't have the interconnection to the property to the north, all congestion will be concentrated to u -turn in front of Livingston Lakes entrance. Response: A median cut at this project's entrance will not be permitted. There is an existing right -turn lane today that leads to nothing to the property to the north. This project will require a right -turn lane entry. And yes, if you are approaching southbound on Livingston, a U-turn will be necessary to enter. 8. Does the County think they can handle that much traffic? Response: This is why we're required to submit the Traffic Impact Statement. Collier County grades every roadway based on volume of traffic and capacity of roadway and that is updated every year. The traffic consultant evaluates this grading and compares the proposed project in order to write the Traffic Impact Statement. We believe that this project will not create a negative impact. There will absolutely be more traffic because this is a vacant property so any development will create more traffic, but we believe that the current roadways can withstand that increase. 9. At 5:00, it is difficult to enter Livingston Lakes as it is backed up. How will people leave this project? Did you take into consideration the Seed to Table opening? Response: Yes, that project was considered. 10. What's the maximum number of senior housing units? How can you be sure that only 78 trips will be generated? Response: There is a maximum of 212 beds. Based on the ITE manual, studies from across the United States are compiled to create an average number of trips for each use. Single family generates more traffic that group housing. 11. What's the minimum age for senior housing? Was traffic calculated in -season or out of season? How is this similar to our area? KASE MPUD — PL20180002453 October 31, 2019 DE DAVIDSON NEERING Response: SS and up. Actual traffic counts were not conducted. The average was taken from the ITE manual for the TIS. The ITE manual uses data from all populations, large cities to small towns, and creates an average that ideally applies to any other project to evaluate traffic flow. During SDP permitting and review, the project may be required to make improvements to adjacent or nearby roadways based on staff evaluation such as a turn lane, as needed. 12. Is there an estimated timeframe for construction? Response: I do not know currently. However, if the project goes to public hearings in January and February and applies for Site Development Plan immediately after, review could take months and construction would not likely begin for a year. Project completion could be another year after that. 13. Will we be notified as to what is built there? Response: There is no public meeting requirement for permitting. You will be notified for the Planning Commission and Board of County Commissioners hearings. Once the rezone process is complete and the PUD is approved, any of the listed uses could be developed. End of memo. KAS E M P U D- PL20180002453 October 31, 2019 3 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 before me this 301h day of October, 2019 by Anna Ritenour who is personally known to me. (Signature of Notary Public) Jessica Harrelson Printed Name of Notary PUDZ— PL20180002453 KASE MPUD �; �e„ JESSICA HARRELSON rod: NOWY P10C SIM# al Fluride E CDMM1Btl0n I FF 951332 ':� Pi My Comm. EMPIrye May 18.2020 ^"�"• Belled IN0.9h National Norry Assn (Notary Seal) 4 NalItCS PART Of THE USATODAYNETWORK Published Daily Naples, FL 34110 DAVIDSON ENGINEERING, INC 4366 RADIO RD #201 NAPLES, FL 34104 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Joe Heynen who on oath says that he serves as legal clerk 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 Naples, 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. OCTOBER 11, 2019 Subscribed and sworn to before on October 31, 2019 wt. uv. ep t.0 -D-- -� Notary, State of WI, County of Brown TARA MOND LOON Notary Puhlic fitate 01 Wisconsin My commission expires: August 6, 2021 Publication Cosl. $945.00 Ad No: GC10283209 Customer No: 505016 PO#: NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc., representing property owners William Donovan and Patricia Donovan Granados and applicant Andrew Saluan, AJS Realty on: Tuesday, October 29, 2019 at 5:30 p.m. at Vanderbilt Presbyterian Church located at 1225 Piper Blvd, Naples, FL 34110. The subject property is located on the east side of Livingston Road, approximately 1/4 mile south of Immokalee Road in Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of ±7.58 acres. Project Location The property owners and applicant are petitioning Collier County for the following: Planned Unit Development Rezone (PUDZ-PL20180002453): Rezone from Agriculture to Mixed Use Planned Unit Development (MPUD) to allow for the development of various residential types, senior group housing, or limited essential services, with no combination of uses. If you are unableto attend this meeting but have questions or comments, they can be directed by mail, phone or e-mail to the individual listed below: Anna Ritenour, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: anna@davidsonengineering.com $A r FRIDAY, OCTOBER 11, 2019 r NAPLES DAILY NEWS .loonecxAyBNI; cwi in TEE rvNva-PnFsa.>uo.FA MF... Testimony Continued from Page GA Rodgers told his then-gidMendToy- In, shomaker he and Wright went to Florida to kill TemeA Sievers and did it with a hardware, Hunter said Curtis Wayne Wright Jr., left, Mark The jury can expect to hear testi.o- Shears, center, and Jimmy Redeem. By fi en Shomaker and Wright, Hunter right. Lcso said. 'Mr. Wright, being charged with this influrs, shuck a deal;' Hunter said."He anything while onWetrip aslie istech- .truckadeal with the udda:' savvy and would have known how Wright is going to tell We farods haw traceable his phone was, Fltzgeorge Teresa Sieverswaekibdandwhoiers- said. spassble, Hunter said. "What you will hear will show he htz,eorge, Rodgers' defense error- (RodgendIsBarred olanypad ofe0n- ney, took about 25 .[.[as to present apirric," Fitagemge said. her opening statement. Rodgers neer had correct with Investigators found themselves In a Mark Sieversand the jurors need to bind after Teresa Sieve/s killing be- ronsiderthecredibility ofthepmsecU- seitwasalsid diff case andthey brute witnesses, especially Wright and ]red no leads, Fitzgeorge said. shomakee latzge dge said dumb, her "Listen to all the evidence;" Fits- us," statement. leaves, told the jurors. "The evidence w10 show you this Is Wright brought a"burner phone on the Independent act of Coma Wayne Weir DID to Florida, while Rodgers Wright In conjunction with Mr. Sle- broughthis personal phone, Fitzgeorge vers;' Fitzgeorge said. said. Th.Rolge.jurylrial is scheduled to Rodgers rues not trying to conceal continue at 8:38 a.m. Friday. NEIGHBORHOOD INFORMATION MEETING The public Is Invited to attend a Neighborhood Information Meeting, held by Davidson Engineering, Inc., representing property owners William Donovan and Patricia Donovan Granados said applicant Andrew Seluan, AJS Realty on: Tuesday, October 29, 2019 at 5:30 p.m. at Vanderbilt Presbyterian Church located at 1225 Piper Blvd, Naples, FL 34110. The subject property, Is located on the east side of Uvingston Road, approximatelyya mile south of Immokalee Road In Section 30, Township 48 South, Range 26 East, Collier County, Florida, consisting of *7.58 acres. g r T— M ImmMeInRD— -- -- g ` GroJeD! Loeatl The property owners and applicant are petitioning Collier County for the following: Planned Unit Devaloomenl Rezone (PUDZ-PL201800024531: Rezone from Agriculture to Mixed Use Planned Unit Development (MPUD) to allow for the development of various residential types, senior group housing, or limited essential services, with no combination of uses. If you are unable to attend th is meet) ng but have questions or com menta, they can be directed by mail, phone or e-mail to the individual listed below: Anna Ritenoua AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: annaodavidsonengineering-com Morgan Stanley rte* Investing in Dividend Stocks in Today's Economic Climate Stephen Macko, CFP* You're Invited, vee P..a&" Sminr PeMdo Mareger 1.1. us far elunh pre..Bass "ea. we" be dlrmlyal. Fnm[ial Prison - ruby dNldend steNr are nrpmlam Dauld Carina IT le, to tesially grew your lnmme through divideadr Fast We Powders Mesk, vs, one Fund, and exterse Traded Park (PER) S.d., F.W.N. 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BCC: FEBRUARY 25, 2020 - 9:OOA.M. BCC MEETING ROOM - COLLIER COUNTY GOVT CENTER 3299 EAST TAMIAMI TRAIL, NAPLES. FL 34112 TIMOTHY FINN, AICP: 239-252-4312 MANJf . Julatllvd_ Pu. .�� _ _ _ __ � •JUIla19Nd � 11 N y E v 1 m ` ti a ! t 1 Y r al�ialn Oullx.WIoDr Y East Smivlra bey b ; 1nNn tlaV r 3 fw� �R�^4 .. _ ,wmdoaq C: , dwnv ABm `-wb d. u 40 s `-a.05 si 49 s. a . J� E ' D•¢ I i ! a - OW d , R a ry • do