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Agenda 01/12/2021 Item #17E (PL20200000564)
01/12/2021 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 05-46, the Bembridge Emergency Services Complex Community Facility Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD), to redesignate 5.11± acres of land from Tract A to Tract A-1; to increase the residential density from 6 to 16 units/acre for a maximum of 82 residential units on Tract A-1, using the affordable housing density bonus and to amend the master plan; and providing an effective date; and to approve an Affordable Housing Agreement. The subject property consists of 39.82f acres and is located east of Santa Barbara Boulevard, north of Davis Boulevard (SR 84) in Section 4, Township 50 South, Range 26 East, Collier County, Florida. [PL20200000564] OBJECTIVE: To have the Board of County Commissioners (Board) review staffs 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 consists of 39.82f acres and is located east of Santa Barbara Boulevard, north of Davis Boulevard (SR 84) in Section 4, Township 50 South, Range 26 East, Collier County, Florida. The petitioner seeks to amend the Bembridge Emergency Services Complex Community Facility Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD), to redesignate 5.1 if acres of land from Tract A to Tract A-1; to increase the residential density from 6 to 16 units/acre for a maximum of 82 residential units on Tract A-1, using the affordable housing density bonus and to amend the master plan. FISCAL IMPACT: The PUD Amendment (PUDA) 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 Amendment 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 designated Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict. The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. Urban designated areas allow for both residential and non-residential uses. Non-residential uses lists "Essential services as defined by the most recent Land Development Code" as an allowed use. This petition is consistent with the GMP. Packet Pg. 2086 01/12/2021 Transportation Element: In evaluating this project, staff reviewed the applicant's July 8, 2020 (revised) Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the applicable 2019 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 82 multi -family dwelling unit development will generate a projected total of +/- 50 PM peak hour, 2-way trips on the adjacent roadway segments of Santa Barbara Boulevard. The trips generated by this development will occur on the following adjacent roadway link Link/Roadway Link 2019 Current Peak Hour Peak 2019 AUIR Direction Volume/Peak Remaining LOS Direction Capacity 76.0/Santa Barbara Green Boulevard to D 2,100/North 480 Boulevard Golden Gate Parkway 77.0/Santa Barbara Golden Gate C 3,100/North 1,086 Boulevard Parkway to Radio Road 78.0/Santa Barbara Radio Road to C 3,100/ North 1,439 Boulevard Davis Boulevard 79.0/Santa Barbara Davis Boulevard to B 3,100/South 1,900 Boulevard Rattlesnake Hammock Road 15.0/Davis Boulevard County Barn Road C 2,200/East 606 to Santa Barbara Boulevard Packet Pg. 2087 01/12/2021 70.0/Radio Road Livingston to Santa C 1,800/East 653 Barbara Boulevard 71.0/Radio Road Santa Barbara B 1,800/West 951 Boulevard to Davis Boulevard Based on the TIS and the 2019 AUIR, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.82 acres of native vegetation. A minimum of 0.12 (15%) acres of native vegetation will be preserved to meet the preservation requirement. AFFORDABLE HOUSING AGREEMENT: Staff has reviewed the petition and accompanying Affordable Housing Density Bonus Agreement. The application seeks a density bonus of 12 units per acre in exchange for providing 100% of the residential units (82 units) as rental housing affordable to households earning less than 80% of the Area Median Income. Of the 82 units proposed, 13 will be restricted to tenants earning less than 50% AMI, 50 will be restricted to tenants earning between 51 % AMI to 60% AMI, and the remaining 19 units will be restricted to tenants earning between 61 % AMI to 80% AMI. Number Income Percent of of Units Level Development 13 50% 16% 50 51-60% 61 % 19 61%-80% 23% Corresponding Affordable Housing Density Bonus 7.6 u/a bonus 12.4 u/a bonus 12.4 u/a bonus 82 100% 20.0 u/a bonus (capped at 12 u/a bonus max) Base density of 4 u/a + bonus density of 12 u/a = 16 u/a X 5.11 acres = 82 units The proposal meets the requirements of the Affordable Housing Density Bonus provisions of the LDC. Community and Human Services Division recommends approval of this project and the associated Affordable Housing Density Bonus Agreement. (See Attachment B) COLLIER COUNTY PLANNING COMMISSION (CCPQ: The CCPC, heard Petition PUDA- PL20200000564, Bembridge Emergency Services Complex PUD on December 3, 2020, and voted 7-0 to forward this petition to the Board with a recommendation of approval of the PUDA and the Agreement Authorizing Affordable -Workforce Housing Density Bonus with revisions to the PUD document. There were letters of objection received; however, these issues were resolved at the CCPC meeting. The CCPC revisions to the PUD document are: 0 Section 3.5.A.1 (page 11) - addition of a 66' setback from Santa Barbara Blvd Packet Pg. 2088 01/12/2021 • Section 3.5.D.1 (page 11) - addition of a 44' actual permitted building height • Section 4.2 (page 14) - addition of developer commitments regarding the interconnect to the school and the architectural renderings. LEGAL CONSIDERATIONS AS TO ZONING: This is an amendment to the existing Bembridge Emergency Services Complex CFPUD and RPUD (Ordinance No. 85-46). The burden falls upon the applicant for the amendment to prove that the proposal is consistent with all of the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Criteria for PUD Amendments Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Packet Pg. 2089 01/12/2021 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Packet Pg. 2090 01/12/2021 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The 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 Board hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval (HFAC) LEGAL CONSIDERATIONS AS TO THE AFFORDABLE HOUSING AGREEMENT: 1. The accompanying Agreement Authorizing Affordable -Workforce Housing Density Bonus is approved for form and legality and requires a majority vote for Board action. However, if there are not enough votes to approve the rezone, this Agreement will be withdrawn. RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approves the request for Petition PUDA-PL20200000564, Bembridge Emergency Services Complex PUD (PUDA) and the accompanying Agreement Authorizing Affordable -Workforce Housing Density Bonus. Prepared by: Timothy Finn, AICP, Principal Planner, Zoning Division ATTACHMENT(S) 1. Staff Report - Bembridge PUDA (PDF) 2. Attachment A - Revised Proposed Ordinance 12-10-20 (PDF) 3. Attachment B - Affordable Housing Agreement (PDF) 4. [Linked] Attachment C - Application -Backup Materials (PDF) 5. Attachment D - CCPC-BCC Hybrid Meeting Waiver (PDF) 6. Attachment E - Opposition Letters (PDF) 7. Attachment F - Updated Hearing Property Sign (PDF) 8. legal ad - ID 13385 (PDF) Packet Pg. 2091 17.E 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 17.E Doe ID: 13385 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 05-46, the Bembridge Emergency Services Complex Community Facility Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD), to redesignate 5.11± acres of land from Tract A to Tract A-1; to increase the residential density from 6 to 16 units/acre for a maximum of 82 residential units on Tract A-1, using the affordable housing density bonus and to amend the master plan; and providing an effective date; and to approve an Affordable Housing Agreement. The subject property consists of 39.82± acres and is located east of Santa Barbara Boulevard, north of Davis Boulevard (SR 84) in Section 4, Township 50 South, Range 26 East, Collier County, Florida. [PL20200000564] Meeting Date: 01/12/2021 Prepared by: Title: — Zoning Name: Tim Finn 12/14/2020 1:33 PM Submitted by: Title: Manager - Planning — Zoning Name: Ray Bellows 12/14/2020 1:33 PM Approved By: Review: Zoning Zoning Growth Management Department Ray Bellows Additional Reviewer Anita Jenkins Additional Reviewer Diane Lynch Level 1 Reviewer Growth Management Department Thaddeus Cohen Department Head Review Public Services Department County Attorney's Office County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners James C French Deputy Department Head Review Jennifer Belpedio Additional Reviewer Heidi Ashton-Cicko Level 2 Attorney of Record Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Dan Rodriguez Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 12/15/2020 1:24 PM Completed 12/16/2020 3:49 PM Completed 12/16/2020 6:01 PM Completed 12/17/2020 9:16 AM Completed 12/18/2020 9:05 AM Completed 12/30/2020 8:18 AM Completed 12/30/2020 8:39 AM Completed 12/30/2020 8:41 AM Completed 12/30/2020 11:13 AM Completed 01/04/2021 10:57 AM Completed 01/05/2021 7:44 AM 01/12/2021 9:00 AM Packet Pg. 2092 17. E.1 Goi ier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 19, 2020 SUBJECT: PUDA-PL20200000564 BEMBRIDGE EMERGENCY SERVICES COMPLEX Owner/Applicant: Collier County, a Political Subdivision of the State of Florida 3335 Tamiami Trail E Naples, FL 34112 REQUESTED ACTION: Contract Purchaser: McDowell Housing Partners, LLC 601 Brickell Key Dr. Suite 700 Miami. FL 33131 Agent: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Rd. Suite 201 Naples, FL 34104 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to amend Ordinance Number 05-46, as amended, the Bembridge Emergency Services Complex Community Facility Planned Unit Development (PUD). GEOGRAPHIC LOCATION: The subject property consists of 39.82± acres and is located east of Santa Barbara Boulevard, north of Davis Boulevard (SR 84) in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (see location map, page 2). PURPOSE/DESCRIPTION OF PROJECT: The petitioner seeks to amend the Bembridge Emergency Services Complex Community Facility Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD), to redesignate 5.11± acres of land from Tract A to Tract A-1; to increase the residential density from 6 to 16 units/acre for a maximum of 82 residential units on Tract A-1, using the affordable housing density bonus and to amend the master plan. PUDA-PL20200000564; Bembridge Emergency Services Complex Page 1 of 16 Revised: November 9, 2020 Packet Pg. 2093 ki 17.E.1 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding boundaries of Tract A-1 of the Bembridge Emergency Services Complex Community Facility CFPUD and RPUD: North: Undeveloped land with a current zoning designation of Santa Barbara Landings RPUD (7.0 DU/AC) that is approved for single family attached, duplex and multiple family dwellings South: Plans to develop a master county pump station, with a current zoning designation of Bembridge Emergency Services Complex Community Facility CFPUD and RPUD (6.0 DU/AC) that is approved for multi -family residential, emergency medical services, and educational plants then to the south is mostly undeveloped land with a gas station at the corner of Santa Barbara Blvd and Davis Blvd with a current zoning designation of Shoppes at Santa Barbara PUD and is approved for commercial uses East: Developed with a water management area then to the east developed with Calusa Park Elementary School with a current zoning designation of Bembridge Emergency Services Complex Community Facility CFPUD and RPUD (6.0 DU/AC) that is approved for multi -family residential, emergency medical services, and educational plants then to the east is developed with multifamily residential with a current zoning designation of Wildwood Estates (12.4 DU/AC) that is approved for residential and commercial uses West: Santa Barbara Boulevard, a six -lane arterial roadway, and then developed with a golf course and multi -family with a current zoning designation of Berkshire Lakes PUD (3.8 DU/AC) and is approved for commercial, golf course, single and multi- family, and open space/conservation Intentionally blank PUDA-PL20200000564; Bembridge Emergency Services Complex Page 3 of 16 Revised: November 9, 2020 0 a a� a� 2 �L E aD m LO 00 M M r Packet Pg. 2095 17. E.1 Source: Davidson Engineering GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The GMP is the prevailing document to support land -use decisions, such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any amendment petition. This petition is consistent with the GMP. Future Land Use Element (FLUE): The subject site is designated Urban, Urban Mixed Use District, Urban Residential Fringe Subdistrict. The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural/Rural Area. Urban designated areas allow for both residential and non-residential uses. Non-residential uses lists PUDA-PL20200000564; Bembridge Emergency Services Complex Page 4 of 16 Revised: November 9, 2020 0 a a� a� �L E m Ln 00 M M r Packet Pg. 2096 17. E.1 "Essential services as defined by the most recent Land Development Code" as an allowed use. This petition is consistent with the GMP. Transportation Element: In evaluating this project, staff reviewed the applicant's July 8, 2020 (revised) Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the applicable 2019 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, _ Q 0 with consideration of their impact on the overall County transportation system, and shall a 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 12 •L is deficient as identified in the current AUIR, or which significantly impacts a roadway -0 E segment or adjacent roadway segment that is currently operating and/or is projected to m 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 LO co has significant impacts if the traffic impact statement reveals that any of the following Mn 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 projece's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed 82 multi -family dwelling unit development will generate a projected total of +/- 50 PM peak hour, 2-way trips on the adjacent roadway segments of Santa Barbara Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link 2019 Current Peak Hour Peak 2019 AUIR Direction Volume/Peak Remaining LOS Direction Capacity 76.0/Santa Barbara Green Boulevard D 2,100/North 480 Boulevard to Golden Gate Parkway PUDA-PL20200000564; Bembridge Emergency Services Complex Page 5 of 16 Revised: November 9, 2020 Packet Pg. 2097 77.0/Santa Barbara Golden Gate C 3,100/North 1,086 Boulevard Parkway to Radio Road 78.0/Santa Barbara Radio Road to C 3,100/ North 1,439 Boulevard Davis Boulevard 79.0/Santa Barbara Davis Boulevard B 3,100/South 1,900 Boulevard to Rattlesnake Hammock Road 15.0/Davis Boulevard County Barn C 2,200/East 606 Road to Santa Barbara Boulevard 70.0/Radio Road Livingston to C 1,800/East 653 Santa Barbara Boulevard 71.0/Radio Road Santa Barbara B 1,800/West 951 Boulevard to Davis Boulevard Based on the TIS and the 2019 AUIR, the subject PUD Amendment can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, the Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 0.82 acres of native vegetation. A minimum of 0.12 (15%) acres of native vegetation will be preserved to meet the preservation requirement. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. An evaluation relative to these subsections is discussed below, under the heading "Zoning Services Analysis." Drainage: The proposed PUD Amendment request is not anticipated to create drainage problems in the area. Stormwater best management practices, treatment, and storage will be addressed through the environmental resource permitting process with the South Florida Water Management District. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/or platting (PPL). PUDA-PL20200000564; Bembridge Emergency Services Complex Page 6 of 16 Revised: November 9, 2020 i 0 a a� a� �L E m m LO 00 M M r Packet Pg. 2098 17.E.1 Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The Master Plan illustrates the minimum PUD preserve requirement; the required preserve is 0.12 acres (15% of 0.82 acres). The applicant has proposed to meet the preserve requirement in accordance with LDC 3.07.05. The size of the required preserve gives the petitioner the option to meet the preservation requirement offsite in accordance with LDC Section 3.07.05 H. Lf. No listed animal or plant species were observed on the property. Landscape Review: The applicant is seeking 3 deviations regarding landscape buffers. See Deviation Discussion below. Affordable Housing Review: Staff has reviewed the petition and accompanying Affordable Housing Density Bonus Agreement. The application seeks a density bonus of 12 units per acre in exchange for providing 100% of the residential units (82 units) as rental housing affordable to households earning less than 80% of the Area Median Income. Of the 82 units proposed, 13 will be restricted to tenants earning less than 50% AMI, 50 will be restricted to tenants earning between 51 % AMI to 60% AMI, and the remaining 19 units will be restricted to tenants earning between 61 % AMI to 80% AMI. Number Income of Units Level 13 50% 50+19 60-80% EX Percent of Corresponding Affordable Development Housing Density Bonus 16% 7.6 u/a bonus 84% 12.4 u/a bonus 100% 20.0 u/a bonus (capped at 12 u/a bonus max) Base density of 4 u/a + bonus density of 12 u/a = 16 u/a X 5.11 acres = 82 units The proposal meets the requirements of the Affordable Housing Density Bonus provisions on the LDC. Community and Human Services Division recommends approval of this project and the associated Affordable Housing Density Bonus Agreement. (See Attachment B) Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval. Utilities Review: The project lies within the regional potable water and south wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontage on Santa Barbara Boulevard. Sufficient water and wastewater treatment capacities are available Zoning Services Review: The Bembridge Emergency Services Complex Community Facilities Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD) totals 139.82 acres and is located on the east side of Santa Barbara, south of Radio Road and north of Davis Boulevard. The intent of the Planned Unit Development Amendment (PUDA) is to request an increase in residential density from 6 units per acre to 16 units per acre, using the Affordable PUDA-PL20200000564; Bembridge Emergency Services Complex Page 7 of 16 Revised: November 9, 2020 0 a. a� a� �L E aD m LO 00 M M Packet Pg. 2099 17.E.1 Housing Density Bonus, for a maximum of 82 residential units within the Bembridge Emergency Services Complex CFPUD/RPUD. The subject County -owned parcel (folio #00400246406) is ±5.1-acres, now designated as Tract "A- I" on the updated PUD Master Plan. Of the parcel's total site area, 3.77-acres is allocated for the proposed Affordable Housing Development (Tract `A-1 Residential') and the remaining 1.33-acres is allocated for the development of a future Master County Pump Station (Tract `A-1 Master County Pump Station'). Density is calculated utilizing the site's total area of 5.1-acres (16 DU/A x 5.1 = 82 units). Via a public -private partnership, the future apartments (to be known as The Harmony on Santa Barbara) will be developed by McDowell Housing Partners, while the County maintains ownership of the 5.1-acre parcel. The apartment community will serve Collier County residents earning between 30 and 80 percent of the County's area median income (AMI). The Developer agrees to target and market at least 10% of units for seniors, veterans, or special needs populations. The community will provide one, two- and three -bedroom apartments along with accessory o recreational facilities. The request complies the County's Growth Management Policies that a. encourage the development of affordable housing such as, "The goal of the Housing Element of the Collier County Growth Management Plan is `to create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County'. The development of private E housing in Collier County is driven by an expensive housing stock; leaving a shortage of housing m for low-income and working-class families. Thus, there is a need for the County to find way to LO encourage the provision of affordable -workforce housing for these families. co r LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 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. Water transmission and wastewater transmission mains are readily available within the Santa Barbara Boulevard right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. Moreover, Staff has reviewed the proposed amendment and is of the opinion the uses and property development regulations are compatible with the development approved in the area in regard to traffic and drainage. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and PUDA-PL20200000564; Bembridge Emergency Services Complex Page 8 of 16 Revised: November 9, 2020 Packet Pg. 2100 17.E.1 policies of the Growth Management Plan (GMP). County staff has reviewed this petition and has offered an analysis of conformity with the relevant goals, objectives, and policies of the GMP within the GMP Consistency portion of this staff report on page 4. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. As described in the Staff Analysis section of this staff report, the proposed changes to the PUD do not affect the landscaping standards of the original PUD. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. No deviation from the required usable open space is being requested, and compliance would be demonstrated at the time of SDP or PPL. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. Moreover, Collier County has sufficient treatment capacity for water and wastewater services to the project. Conveyance capacity must be confirmed at the time of development permit application. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including adjacent Collier County Water - Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Five new deviations is proposed in connection with this request to amend the PUD. See deviations section beginning on page 12. Rezone Findings: PUDA-PL20200000564; Bembridge Emergency Services Complex Page 9 of 16 Revised: November 9, 2020 0 a a� a� 2 �L E d m LO 00 M M Packet Pg. 2101 17. E.1 LDC Subsection 10.02.08.F states, "When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners... shall show that the planning commission has studied and considered proposed change in relation to the following when applicable": 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning staff determined the subject petition is consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is described in the Surrounding o Land Use and Zoning section of this staff report. The proposed use would not change the a existing land use patterns of the surrounding properties. a� 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The property is currently zoned PUD and would remain as such. N m 4. Whether existing district boundaries are illogically drawn in relation to existing LO Go conditions on the property proposed for change. This petition does not propose any change to the boundaries of the PUD. a c a. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. L The proposed change is not necessary; however, it is being requested in compliance with m the LDC provisions to seek such changes because the petitioner wishes to include the , proposed uses and development standards that are specific to the subject parcel. o 6. Whether the proposed change will adversely influence living conditions in the Q. as neighborhood. The proposed PUD Amendment is not anticipated to adversely influence living conditions c in the neighborhood. E 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at time of first development order (SDP or Plat). Additionally, the project's development must comply PUDA-PL20200000564; Bembridge Emergency Services Complex Page 10 of 16 Revised: November 9, 2020 Packet Pg. 2102 17. E.1 with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. The proposed PUD Amendment request is not anticipated to create adverse drainage impacts in the area; provided stormwater best management practices, treatment, and storage on this project are addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated the changes proposed to this PUD Amendment would seriously reduce light or air to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent areas. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The increase of residential density from 6 to 16 units/acre for a maximum of 82 residential units on Tract A-1, using the affordable housing density bonus is not anticipated to serve as a deterrent to the improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed development complies with the GMP through the proposed amendment, then that constitutes a public policy statement supporting zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. PUDA-PL20200000564; Bembridge Emergency Services Complex Page 11 of 16 Revised: November 9, 2020 0 a a� a� 2 �L E aD m LO 00 M M r Packet Pg. 2103 17. E.1 The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without amending the PUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. It is staffs opinion that the proposed uses, associated development standards, and developer commitments will ensure that the project is not out of scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed for compliance with the GMP and the LDC, and staff does not specifically review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require considerable site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes, and again later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The activity proposed by this amendment will have no adverse impact on public utilities facility adequacy. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION: The PUD was approved via Ordinance 05-46 with one deviation. The petitioner is now seeking to add five deviations. The deviations are directly extracted from PUD Section 4.12. The petitioner's justification and staff analysis/recommendation for this deviation are listed below. Deviation #1: (Signs) PUDA-PL20200000564; Bembridge Emergency Services Complex Page 12 of 16 Revised: November 9, 2020 Packet Pg. 2104 17.E.1 "Deviation #1 Subsection 5.06.00 of the LDC Signs - Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign. Staff Recommendation: No modifications proposed, was previously approved by Ordinance 05- 46. Deviation #2: (Buffer Requirements) "Deviation #2 seeks relief from LDC section 4.06.02 CA., "Type D Landscape Buffer," which requires a 20-foot Type "D" landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1-Residential" along Santa Barbara Boulevard." Q 0 Petitioners Justification: The existing EMS Station site, located on Tract A of the PUD, has an a. existing 15' Type D buffer to remain. This deviation request will solider the existing 15' Type D a) buffer on the EMS Station's site and allow Tract A-1 to provide the same buffer for consistency. In addition, the existing water management lake and required lake maintenance easement, located E on Tract B, creates development restraints on Tract A-1 and a 20' Type `D' buffer requirement m would further reduce developable area and restrict on -site circulation needed for emergency LO services. The request for a reduction in width does not result in any negative impacts to the co surrounding area. All required plant material will still be installed within the proposed 15' Type `D' Landscape Buffer. Q Staff Analysis and Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element may be waived without detrimental effect on the health, safety and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #3: (Buffer Requirements) "Deviation #3 seeks relief from LDC Section 4.06.02 C.2., "Type B Landscape Buffer," which requires a 15' Type `B' buffer between multi -family residential and a community facility, to instead allow a 7' Type `B' buffer along the eastern property line of Tract "A-1-Residential." Petitioners Justification: The existing water management lake and required lake maintenance easements, located within Tract B, creates development restraints for Tract "A-1 Residential"; therefore, a reduction in the required buffer width is being requested. In addition, the reduction in width of the landscape buffer will allow the site to be to be designed/constructed to accommodate emergency service vehicles to easily circulate the site. A 7' Type B buffer provides sufficient width for plant materials to be installed and does not create a negative impact to the surrounding area. Staff Analysis and Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element PUDA-PL20200000564; Bembridge Emergency Services Complex Page 13 of 16 Revised: November 9, 2020 Packet Pg. 2105 17.E.1 may be waived without detrimental effect on the health, safety and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #4: (Parking Space Requirements) "Deviation #4 seeks relief from LDC Section 4.05.04. G., "Parking Space Requirements," which requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and accessory recreational facilities for multi -family projects, to instead require a total of four (4) parking spaces for the office/clubhouse and no additional parking spaces for the accessory recreational facilities on Tract "A-1 ". Petitioners Justification: Per the actual parking demand, a total of four (4) parking spaces is sufficient for the office%lubhouse component of the proposed affordable housing development. Additional parking for the accessory recreational facilities is not needed due to the small size of the site (3.77-acres) and the compact design of the project. Sidewalks will be provided throughout, making the project a walkable/pedestrian friendly community. Parking requirements for the dwelling units will be met, as required by the Collier County Land Development Code Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #5: (Buffer Requirements) "Deviation #5 seeks relief from LDC Section 4.06.02. CA., "Type D Landscape Buffer," which requires a 20-foot Type 'D' landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 10-foot wide Type `D' buffer along Santa Barbara Boulevard and along the Roadway Easement for Tract B." Petitioners Justification: The above requested deviation is to solidify existing conditions along the western and southern PUD boundaries for Tract B (Lake Tract) and is consistent with the approved plans for the water management lake. Staff Analysis and Recommendation: The as -built drawing for the lake on Tract B of the PUD, which was constructed as part of the Santa Barbara road widening project (see below), identifies an approved 10' landscape buffer adjacent to Santa Barbara Blvd. Therefore, staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that "the element may be waived without detrimental effect on the health, safety and welfare of the community" and LDC section 10.02.13.B.5.h the petitioner as demonstrated that PUDA-PL20200000564; Bembridge Emergency Services Complex Page 14 of 16 Revised: November 9, 2020 Packet Pg. 2106 17.E.1 the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." Deviation #6: (Buffer Requirements) "Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit `A', "Off -Street Parking Design Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or greater in width, to instead allow vehicular overhang into the 7' Type `B' buffer along the eastern boundary of Tract "A-1-Residential." Petitioners Justification: Through coordination with South Florida Water Management District, on -site pavement/impervious areas for the proposed affordable housing development have been reduced to the extent possible. To create a site plan that is designed with more green space, parking spaces abutting the eastern buffer are being planned at 16' in length rather than 18'. Providing parking spaces at this length prevents the opportunity to provide wheel stops, which would prevent vehicular overhang into the 7' Type `B' landscape buffer. There are no negative impacts created by this deviation request. Staff Analysis and Recommendation: Staff sees no detrimental effect if this deviation request is approved. Zoning and Development Review staff recommends APPROVAL of this deviation, finding that in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the PUDA-PL20200000564; Bembridge Emergency Services Complex Page 15 of 16 Revised: November 9, 2020 0 a a� a� �L E d m LO co M M r Packet Pg. 2107 17.E.1 community," and LDC Section 10.02.13.13.51, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM on September 10, 2020 at New Hope Ministries located at 7675 Davis Boulevard, Naples, Fl. The meeting commenced at approximately 5:30 p.m. and ended at 6:17 p.m. The applicant's agent explained the request for the proposed PUD Amendment. Jessica Harrelson, the agent, gave a PowerPoint presentation. It was discussed that the County entered into a private -public partnership and the applicant is requesting to increase the density from 6 to 16 units on the 5.1-acre parcel for a total of 82 units. The meeting was opened to attendees for questions. The concerns were height, traffic access points, too many apartments and rental units in the area, landscape buffers, increase of 30 units to 82 units, objection to affordable housing, too many affordable housing projects in the area. No commitments were discussed at this NIM meeting. A copy of the NIM materials are included in Attachment C. Currently there are no pending petitions at this location other than this PUDA. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 22, 2020. RECOMMENDATION: Staff recommends the CCPC forward this petition to the Board with a recommendation of approval of the PUDA and of the Agreement Authorizing Affordable Housing Density Bonus. Attachments: A) Proposed Ordinance B) Affordable Housing Density Bonus Agreement C) Application/Backup Materials PUDA-PL20200000564; Bembridge Emergency Services Complex Page 16 of 16 Revised: November 9, 2020 0 a a� a� 2 �L E aD m LO 00 M M r Packet Pg. 2108 17.E.2 ORDINANCE NO.21 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REDESIGNATE 5.11± ACRES OF LAND FROM TRACT A TO TRACT A-1; TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS AND TO AMEND THE MASTER PLAN; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 39.82f ACRES AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84) IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL202000005641 WHEREAS, on September 13, 2005, the Board of County Commissioners adopted Ordinance No. 05-46, which created the Bembridge Emergency Services Complex CFPUD and RPUD; and WHEREAS, Collier County, a political subdivision of the State of Florida, and McDowell Housing Partners, LLC, represented by Jessica Harrelson, AICP of Davidson Engineering, Inc., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO PUD DOCUMENT. The PUD Document, attached as Exhibit "A" to Ordinance No. 05-46, is hereby amended and replaced with the PUD Document attached hereto as Exhibit "A" and incorporated herein by reference. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. [20-CPS-02007/1587504/11116 Bembridge PL20200000564 12/10/20 Page 1 of 2 0 a a� �L E a� m LO 00 M Cl) r Packet Pg. 2109 17. E.2 PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of , 2021. ATTEST: CRYSTAL K. KINZEL, CLERK M. , Deputy Clerk Approved as to form and legality: �PV ^" Heidi F. Ashton-Cicko � Managing Assistant County Attorney Attachment: Exhibit A - PUD Document [20-CPS-02007/ 1587504/ 11116 Bembridge PL20200000564 12/10/20 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA I0 , Chairman Packet Pg. 2110 17.E.2 BEMBRIDGE EMERGENCY SERVICES COMPLEX A COMMUNITY FACILITIES AND RESIDENTIAL PLANNED UNIT DEVELOPMENT a 0 REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES a COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE E d m PREPARED FOR: Ln 00 M M COLLIER COUNTY BOARD OF COMMISSONERS And McDowell Housing Partners 601 Brickell Key Drive, Suite 700 Miami, FL 33131 PREPARED BY: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 EXHIBIT A Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 1 Packet Pg. 2111 17.E.2 TABLE OF CONTENTS PAGE LIST OF EXHIBITS............................................................................................................3 Q STATEMENT OF COMPLIANCE.....................................................................................4 a a� SECTION I PROPERTY OWNERSHIP AND DESCRIPTION............................................5 �L SECTION II PROJECT DEVELOPMENT REQUIREMENTS.............................................7 E m SECTION III COMMUNITY FACILITIES AREAS PLAN.................................................199 Ln 00 M M SECTION IV GENERAL DEVELOPMENT COMMITMENTS........................................4-514 Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 2 Packet Pg. 2112 17.E.2 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN EXHIBIT A-1 TRACT A-1-RESIDENTIAL ARCHITECTURAL RENDERINGS Bembridge Emergency Services Complex CFPUD & RPUD PU DA-20200000564 December 9, 2020 3 ., 0 a a� �L E co M 00 M M r Packet Pg. 2113 17.E.2 STATEMENT OF COMPLIANCE The development of approximately 39.82± acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities Planned Unit Development (Bembridge ESC CFPUD and RPUD) shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and implementing land development regulations. The Calusa Park Elementary School and auxiliary school facilities are subject to the Interlocal Agreement adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered consistent with the Growth Management Plan. The land uses of the CFPUD and the RPUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict Land Use Designation and located just north of Activity Center #6 as identified on the Future Land Use Map. Residential uses, government facilities and essential services are permitted within this designation. 2. The subject property is located within the residential density band of Mixed Use Activity Center Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boulevard. As sueh, the subject PFOpeFty is eligible f9F 3 additienal dwelling units peF affe (DW/ The projected density of g 16 DU/A shall be calculated using Tract A-1's total site area of 5.1-acres and is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density (Based on FLUE Density Rating System) 4.0 DU/A Affordable Housing Density Bonus 12.0 DU A Total Permitted Density for Tract "A-1 Residential" 7-.-016.0 DU/A 6.0 DIJ{ 16.0 DU/A x 5.1-acres = 82 maximum residential units 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity as required in Objective 2 of the Future Land Use Element (FLUE). 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4.5.The project development will result in an efficient and economical extension of community facilities and services. Sr.6.All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of the Collier County Land Development Code (LDC). 6.7.The Bembridge ESC CFPUD and RPUD project is compatible with and complementary to existing and future surround land uses and is considered to be consistent with Policy 5.4 of the FLUE. Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 4 0 a a� a� E d m LO 00 M M T Packet Pg. 2114 17.E.2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bembridge ESC CFPUD and RPUD. 1.2 LEGAL DESCRIPTION The subject property is currently known as the Bembridge PUD, which is approximately 39.82± acres, located in Section 4, Township 50 South, and Range 26 East, and described as follows: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, Collier County, Florida. Tax Folio Numbers: 00399840007, 00400246406, 00400246309 and 00400248006 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis Boulevard. B. The zoning classification of the subject property prior to the effective date of this approved CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the Board of County Commissioners in 1998 (Ordinance 98-86) for residential and church use with a nursing home. Prior to that date it was designated Agricultural. C. Collier County Public Schools purchased 39.82± acres of the Bembridge PUD in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a 5.998± acre parcel and a 7± acre parcel from the School District of Collier County to build the ESC Center and EMS Station #4975 and water management lakes. D. The property has received the following approvals: 1. SDP approval for EMS Station #1975 (SDP-2003-AR-4786), May, 2004. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 December 9, 2020 Q 0 a m a� E d m LO 00 Cl) M Packet Pg. 2115 17.E.2 1.5 1.6 1.7 PHYSICAL DESCRIPTION The project site is located within the Lely Canal Sub -basin. Run-off from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around the Royal Wood Development to a canal which is tied to the Lely Canal. The current permitted, pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and run-off attenuation to pre -development rates. A water management lake will be constructed by the Collier County Transportation Division on five acres located in the southwest comer of this project, which will serve Santa Barbara Boulevard (6-lanes), residential o uses, EMS Station #1975, and Calusa Park Elementary School. An existing detention lake is located a- in the central area of the project on the elementary school site. a� •L Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is E within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415. m a LO The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by M development of the site. 77 PROJECT DESCRIPTION The Bembridge ESC CFPUD and RPUD project is a multi -use project. Major uses consist of residential uses, those related to public safety (emergency medical services), the existing Calusa Park Elementary School and related auxiliary school facilities, and water management facilities which will serve these facilities and Santa Barbara Boulevard. SHORT TITLE This Ordinance shall be known and cited as the "Bembridge ESC Community Facility CFPUD and RPUD Ordinance". Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 6 Packet Pg. 2116 17.E.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bembridge ESC CFPUD and RPUD shall be in accordance with the contents of this Document, the CFPUD and RPUD Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply to toe €Tracts "A","A-1" and "B". Tract "C", Calusa Park Elementary School and auxiliary facilities are subject to the Interlocal Agreement between the Collier County School District and Board of County Commissioners adopted in May 2003. B. Unless otherwise noted, the definitions of all terms in this Document have the same meaning as the definitions set forth in Collier County LDC. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bembridge ESC CFPUD and RPUD shall become part of the regulations that govern the manner in which the Bembridge ESC CFPUD and RPUD site shall be developed. D. The provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement (Adopted May 2003), where applicable, remain in full force and effect with respect to the development of the land which comprises the Bembridge ESC CFPUD and RPUD. E. The Master Plan is illustrated graphically as Exhibit A. The location, size and configuration of the individual water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Section 10.02.03 of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit A, the Master Plan. There shall be t-wa three land use tracts (Tracts "A "A-1" and "C") with necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit A. Tract "A" represents the fU t e Fesidential aFea and Emergency Management Services building and related facilities. Tract "A-1" represents a future residential area on 3 77-acres and a Master County Pump Station on 1.33-acres, for a total 0 IL a� a� �L E m m LO 00 M Cl) Bembridge Emergency Services Complex CFPUD & RPUD PU DA-20200000564 December 9, 2020 7 Packet Pg. 2117 17.E.2 site area of 5.1-acres. Tract "C" represents the existing Calusa Park Elementary School. An additional development tract, Tract "B" represents the lake and lake expansion aFea which w44 provides detention for stormwater runoff for this project and the Santa Barbara Boulevard Fead B. In addition to the various areas and specific items shown on Exhibit A, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. Q 0 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE a m a� The EMS Station #4975 shall not exceed 7,000 square feet. Ancillary uses, such as heating, cooling, air conditioning mechanical equipment buildings and radio tower equipment areas, do not count E towards this building area allocation. The gross residential project density shall be a maximum of m F9 16.0 units per acre, based upon the undeveloped P9Fti8n total site area of Tract A-1 only, LO subject to an Affordable Housing Density Bonus Agreement between the Developer and Collier M County. (16.0 DU/A x 5.1-acres = 82 maximum residential units) `7 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit A, the Master Plan, constitutes the required PUD development plan. C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD and RPUD as provided in the Collier County LDC, Section 10.02.13.E. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 December 9, 2020 8 Packet Pg. 2118 17.E.2 3.1 3.2 3.3 SECTION III COMMUNITY FACILITIES PLAN PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan. Q 0 GENERAL DESCRIPTION a- m a� The CFPUD and RPUD provides for a maximum of 7,000 square feet of building area for permitted and accessory emergency operations uses, limited to an EMS use, as well as the existing Calusa E Park Elementary School and a residential area, on 39.82± acres. Ancillary uses, such as HVAC and m radio tower equipment areas, do not count towards this building area allocation. L; 00 M M PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Educational plants (Tract "C") 2. Emergency medical services (Tract "A") 3. Residential units that are one family and two family dwellings, tewnheuse dwellings, gaFden apaFtment dwellings, and multi -family dwellings limited to 6 16 units per acre on Tract "A-1" only 4. Essential Services inclusive of a Master County Pump Station (Tract "A-11 Uses Accessory to Permitted Uses: 1. Accessory uses and structures customarily associated with the principal uses including carports, garages, and utility buildings for residential uses within Tract A-1. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a principal use. 3. Accessories for residential use such as recreational uses and facilities including swimming pools, tennis courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings/clubhouses, and basketball/shuffle board courts for residential uses within Tract A-1. 4. Temporary use of the site for public purposes in accordance with Section 10.02.06.G. the LDC. 5. Parking facilities (Tract "A",Tract "A-1" and "C"). 6. HVAC plants and other like facilities (Tract "A Tract "A-1" and "C'). 7. Major maintenance and service facilities (Tract "A",.Tract "A-1" and "C") Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 9 Packet Pg. 2119 3.4 COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. Minimum Lot Area: B. Minimum Lot Width: C. Minimum Yards: 1. Principal and Accessory Structures a. Perimeter of CFPUD abutting residentially zoned property b. Perimeter of CFPUD abutting non residentially zoned property. c. Waterfront None required. None required. Fifty (50) feet or Y2 the building height, whichever is greater. Twenty-five (25) feet or %2 the building height, whichever is greater. Zero (0) feet to bulkhead or rip -rap at top of of Bank, otherwise 20 feet. D. Distance Between Principal Structures on the Same Parcel: A minimum 15 feet or one-half sum of the building heights as measured by the closest exterior building walls, whichever is greater. E. Distance Between Accessory Structures on the Same Parcel: A minimum of 10 feet between detached accessory structures and between accessory structures and principal structures. F. Maximum Building Height 1. Principal buildings shall not exceed 40 feet in height nor 3 stories, whichever is less. 2. Accessory structures shall not exceed 30 feet in height. 0 a a� a� E m m LO co M M T Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 December 9, 2020 10 Packet Pg. 2120 17.E.2 3.5 TRACT A-1-RESIDENTIAL USE DEVELOPMENT STANDARDS A. Minimum Yards: 1. Yards along Santa Barbara Boulevard: S^••^�(70)-Sixty-six (66) feet feF ene (1) and two 2. Yards from on -site lakes: twenty (20) feet 3. Yards for internal tracts (principal structures): o Front - 30 feet or half the building height a Side / Rear — 20 feet a� •L 4. Yards for internal tracts E — Front - 10 feet a) Side/Rear - 5 feet LO 00 77 M B. Minimum Floor Area (residential units): 1. One bedroom units - six hundred (600) square feet. 2. Two bedroom units - eight hundred fifty (850) square feet. 3. Three bedroom units - eleven hundred (1100) square feet. 4. Four bedroom units - one thousand three hundred fifty (1350) square feet. C. Distance Between Principal Structures: 1. Between one (1) story structures - Ten (10) feet. 2. Between one (1) story and two (2) story structures - Fifteen (15) feet. 3. Between one (1) story and three (3) story structures - Twenty (20) feet. 4. Between two (2) story structures - Twenty (20) feet. 5. Between two (2) story and three (3) story structures - Twenty-five (25) feet. 6. Between three (3) story structures - thirty (30) feet. 7. Principal to accessory structures —ten (10) feet. D. Maximum Building Height: 1. Principal buildings shall not exceed a zoned height of 40 feet in height or 3 stories, whichever is less, and shall not exceed an actual height of 44 feet. 2. Accessory structures shall not exceed the height restrictions of the LDC. 3.6 PROVISIONS FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with "clear and fill" application requirements pursuant to Subsection 4.06.04.A.1.a.iii of the LDC. Off -site removal shall be limited to 10% of the total Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 11 Packet Pg. 2121 17.E.2 volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County Code of Laws and Ordinances. B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply. 3.7 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS 3.8 3.9 The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground cover berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms -vertical B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape buffer tract alon&the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary subdivision plat and site development plan submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier County Community Development and Environmental Services (CDES) for approval prior to construction. C. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the LDC. D. A 15' Type "D" buffer shall be provided along Santa Barbara Boulevard for the portion of Tract "A-1" that is developed with residential uses. DESIGN GUIDELINES AND STANDARDS The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land as set forth in Section 2.03.06. of the LDC. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD General permitted uses are those uses which generally serve the facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03 of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 12 Packet Pg. 2122 17.E.2 Temporary construction and administrative offices for authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.10 SIGNAGE All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement of May 2003. Two entry signs for the Calusa Park Elementary School shall be permitted, if one is a marquee sign (see 4.13.F 4.12.1). o a 3.11 SIDEWALKS/BIKEPATHS a� •L A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD, E sidewalks/bikepaths shall be permitted as follows: m LO 1. An internal sidewalk shall be permitted within drainage easements. °; 2. Sidewalks may be located outside platted rights -of -way when located within a separate r sidewalk easement. N 3. Sidewalks may be located within landscape buffers and/or easements. c Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 December 9, 2020 13 Packet Pg. 2123 17. E.2 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Bembridge Emergency Services Complex CFPUD. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject to the requirements in Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer, is bound by the commitments within this Document. 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) The developer of Tract A-1-Residential shall coordinate with the Collier County School District to determine the need and location of a pedestrian interconnect to Calusa Park Elementary School, prior to SDP or plat approval. Final design of Tract A-1-Residential shall closely resemble the architectural renderings attached as Exhibit A-1. 4.3 CFPUD MASTER PLAN A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. a 0 a m a� �L E a) m LO 00 Cl) M Z Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 December 9, 2020 14 Packet Pg. 2124 17.E.2 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring of Tract A-1-Residential 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 Collier County. 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 their/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 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. 4.5 ENGINEERING A. All project development shall be consistent with the LDC. 4.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be amended. B. Upon completion of the utility facilities, the facilities shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. 4.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to approval of the site development plan. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval. Bembridge Emergency Services Complex CFPUD & RPUD PU DA-20200000564 December 9, 2020 15 Packet Pg. 2125 17.E.2 4.8 ENVIRONMENTAL A. A minimum of sixty (60) thirty 30 percent open space of the PUD's gross area of the PeFtien of the site that is developed fGF residential ^ as described in Section 4.02.01.6.2. of the LDC, shall be provided. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to the Department of Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP and the Collier County LDC in effect at the time of final development order approval. D. Environmental permitting shall be in accordance with the State of Florida Environmental Resource. Permit Rules and be subject to review and approval by the Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. All approved agency (SFWMD, ACOE, FPWCC) permits shall be submitted prior to final plan/construction plan approval. F. The preservation requirement for Tract "A-1" shall be 15% of the existing native vegetation on -site and can be provided off -site per LDC Section 3.05.07 H.f.iii. (0.82-acres x 15% = 0.12- acres required) 4.9 TRANSPORTATION .. .. ._ A. The maximum total daily trip generation for 'Tract A-1-Residential' shall not exceed 50 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." Bembridge Emergency Services Complex CFPUD & RPUD PU DA-20200000564 December 9, 2020 16 Packet Pg. 2126 17. E.2 4.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure, except for a construction site administrative office. 4.1411 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC in effect at time of building permit application. 44312 DEVIATIONS FROM LAND DEVELOPMENT CODE 1. Subsection 5.06.00 the LDC — Signs Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign. 2. Deviation #2 seeks relief from LDC section 4 06 02 CA. "Type D Landscape Buffer," which requires a 20-foot Type "D" landscape buffer along rights -of -way for developments of 15 acres or more to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1- Residential" along Santa Barbara Boulevard. 3. Deviation #3 seeks relief from LDC Section 4 06.02 C. "Landscape Buffers," which requires a 15' Type'B' buffer between multi -family residential and a community facility, to instead allow a 7' Type 'B' buffer along the eastern property line of Tract "A-1-Residential". 4. Deviation #4 seeks relief from LDC Section 4 05 04 G. "Parking Space Requirements," which requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and accessory recreational facilities for multi -family projects to instead require a total of four (4) parking spaces for the office/clubhouse and no additional parking spaces for the accessory recreational facilities on Tract "A-1". 5. Deviation #5 seeks relief from LDC Section 4 06 02 C.4. "Type D Landscape Buffer," which requires a 20-foot Type'D' landscape buffer along rights -of -way for developments of 15 acres or more to instead allow a 10-foot wide Type 'D' buffer along Santa Barbara Boulevard and along the Roadway Easement for Tract B. 6. Deviation #6 seeks relief from LDC Section 4 05.02 Exhibit 'A' "Off -Street Parking Design Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or greater in width to instead allow vehicular overhang into the 7' Type 'B' buffer along the eastern boundary of Tract "A-1-Residential". 4.13 AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has agreed to construct 13 rental units for residents in or below the very low income category (50% or less of the County median income) 50 rental units for residents in the low income category (51 to 60% of the County median income) and 19 rental units for residents in the low to moderate income category (61 to 80% of the County median income). Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 Q 0 D a m a� •L E d m LO 00 Cl) M December 9, 2020 17 Packet Pg. 2127 \ )k ( 6§ }2\ () - )Q �Gf / ( °\ \z\ \§ / 2 G § Cl) ( § \ 4 / � CL /§LLI ir ƒ ) ) ( k§ m » \ \ LL /$ ) �§ ƒ§ p= \ . § Co LL )§ } § ) »mooLL, §\ \ LU } !¥ES L0 m § \ 0V c�o� b \ [ § \ ) , 2)§ m R Q»o )§Z ®k) §k\ \ \ § § ! ( 2 CL § 7 � _e.. mm—__m -n"3AG)6 _<_m_,... 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E.2 I O LU x n0 U O LU (n � U L w Co J C w o> rn 3 in a 3 } 3 Q w rn — D > d �w C p a� ran a E i N N C) D O = m m ^^,, O CD ao w W N V Lo O J 00 cc]00 w M 3 ( M _ 0 Q tN V) N z } w Z o, G Q J O 0 r Co L H r, N Q Y LL TES N r iU o0 Cl) ^ , Q C� w O z W O N a -Co LL Q a o � -� w w O Q N N � CL O z Q CoC W O Co w ~ iQ ry Z d m N)� Q � w Q J w d � 1= L Na o E N i O V O f0 N Q Q O Lrr z F Lu w Lu CO J 22 Packet Pg. 2132 1 EXHIBIT A-1 (PAGE 4 OF 4) I 17. E.2 I w U) Q �a U a 'w CL LLJ W N z O a Co w z Q -m i� 23 N Z O w Co w om mD a OU og gam o ai J Q wU V W O > r N N U) a W N z x m Co W -qm U)Z) L L m O E L O o N O w N m U W En U H a U Cl) ly� �w �a N Z O a Co w om Y J U H a,LL QO 0 Q� 2 O U x U O LU 00 W 'J^ V w 3 3 � a a L y rn � o i U N E m 0 v Lo J 00 CM Co n � Co Q O • w I Y ' Q a. w Z 3 Q I w J dC G W H N Co O N O O N , Q Q O (�} Y Y i W d' W Co W < ,D V Packet Pg. 2133 17.E.3 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2020, by and between McDowell Housing Partners, LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties" RECITALS: A. The Developer is the contract purchaser of a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developer's intent to construct a maximum of 82 residential units (the "Units") at a density of 16 units per gross acre on the Property. The gross acreage of Property is 5.1 acres. The number of affordable Units constructed by Developer shall be 82, representing jQn percent of the total number of residential Units approved in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Page 1 of 26 Q Packet Pg. 2134 17.E.3 Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer o M a. authorizing the construction of 61.32 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. E NOW, THEREFORE, in consideration of the approval and grant of the density m bonus of 12 units per acre requested by the Developer and the benefits conferred thereby M M on the Property, and for other good and valuable consideration, the receipt and c sufficiency of which are hereby acknowledged, the Developer and the Commission E aD as hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Develooer Agreements. The Developer hereby agrees that he shall construct 82 affordable Units which Units shall be sold or rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, and C, and Appendix C, and attached hereto. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series Page 2 of 26 Packet Pg. 2135 17.E.3 of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for o family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are E authorized by HUD or any successor agency. In the event that HUD ceases to publish an a) LO established median income as aforesaid, the Parties hereto shall mutually agree to co M another reasonable and comparable method of computing adjustments in median c income. P (3) Eligibility and Qualification of Owner/Renter. Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner/Renter; 2) verification of family housing unit provided under the affordable density bonus program prior to being qualified at the appropriate level of income (low or moderate income) in accordance with this Section; 3) certification of eligible Owner/Renter by the Community and Human Services Division. The Developer shall be responsible for qualifying Owners/Renters by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible Owner/Renter family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC§§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner/renter shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of owning/renting and occupying an affordable housing unit pursuant to the affordable Page 3 of 26 " Packet Pg. 2136 17.E.3 housing density bonus program. The Preliminary Application for affordable housing unit shall be provided by Collier County Community and Human Services Division as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing unit in the a 0 M development shall be sold/rented whose household income has not been verified and a a� certified in accordance with this Agreement and LDC§ 2.06.05. E (c) Income Verification. The Developer shall obtain written verification from the m potential occupant (including the entire household) to verify all regular sources of income o M M (including the entire household). The most recent year's federal income tax return for the c potential occupants (including the entire household) may be used for the purpose of W income verification, attached to the Affordable Housing Applicant Income Verification a form, including a statement to release information, occupant verification of the return, and c a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the a information may be verbally updated from the original sources for an additional 30 days, ,o a provided it has been documented by the person preparing the original verification. After m r this time, a new verification form must be completed. The Affordable Housing Applicant E Income Verification form shall be provided to the Community and Human Services a Division as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated Q by reference herein. E M U (d) Income Certification. Upon receipt of the Preliminary Application for an a affordable housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to Page 4 of 26 !- Packet Pg. 2137 17.E.3 occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify o occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted bya. a� the Community and Human Services Division upon reasonable notice. E (4) Annual Progress and Monitoring Report. The Developer shall provide the m Community and Human Services Division an annual progress and monitoring report o M regarding the delivery of affordable housing units throughout the period of their c construction and occupancy. The annual progress and monitoring report shall, at a E as as minimum, provide any information reasonably required to insure compliance with LDC § Q 2.06.00, or subsequent amendments thereto. The report shall be filed on or before c September 30 of each year and the report shall be submitted by the Developer to the as Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the a due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written m r extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single U year. (5) Occupancy Restrictions. No affordable unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4 units per acre, and is therefore granted a density bonus of 12 density bonus units per acre, for a total density (total = density bonus units per acre X Page 5 of 26 CVl Packet Pg. 2138 17.E.3 gross acreage) of 16 unitslac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 82 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4, Commission Agreement. During the term of this Agreement, the a Commission acting through the Community and Human Services Division or its a successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which am are applicable to the affordable Unit. m LO 5. Violations and Enforcement CO M a. Violations. It shall be a violation of this Agreement and LDC § c aD 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided E P L under the affordable housing density bonus program except as specifically permitted by a the terms of this Agreement; or to knowingly give false or misleading information with N respect to any information required or requested by the Community and Human Services = a� Division or by any other persons pursuant to the authority which is delegated to them by L LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms a of this Agreement. The method of enforcement for a breach or violation of this Agreement m r c shall be at the option of the Commission by criminal enforcement pursuant to the E provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed bylaw. a b. Notice of Violation for Code Enforcement Board Proceedings. aD Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, �a that should be enforced before the Code Enforcement Board, then a Notice of Violation Q shall be issued and sent by the appropriate department by certified return- receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. Page 6 of 26 Packet Pg. 2139 17.E.3 C. Certificate of Occupancy_ In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this o M Agreement and with LDC§ 2.06.00, asamended. a as a� 6. Assignment bV Commission. The Commission may assign all or part of its E obligations under this Agreement to any other public agency having jurisdiction over the m Property provided that it gives the Developer thirty (30) days advance written notice o M thereof. The Developer may not assign, delegate or otherwise transfer all or part of its c duties, obligations, or promises under this Agreement to any successor in interest to the E a� a� Property without the express written consent of the Commission , which consent may be a withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or c promises under this Agreement to any successor in interest to the Property without the x a� express written consent of the Commission as required by this Section shall be void ab L initro. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: Page 7 of 26 a Packet Pg. 2140 17.E.3 To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: McDowell Housing Partners, LLC 601 Brickell Key Drive, Suite 700 a Miami, FL 33131 L Any Party may change the address to which notices are to be sent by notifying the other E m Party of such new address in the manner set forth above. LO 00 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority E to monitor and enforce the Developer's obligations hereunder. L 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and Q c hold Collier County and its officers, employees, and agents harmless from and against 0 any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and 0 judgments arising out of any claim, willful misconduct or negligent act, error or omission, a m or liability of any kind made by Developer, its agents or employees, arising out of or ;= a� incidental to the performance of this Agreement. U fC 11. Covenants. The Developer agrees that all of its obligations hereunder shall Q constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall Page 8 of 26 CC"$ Packet Pg. 2141 17.E.3 look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon o their respective heirs, successors, and assigns.a. a� 14. Termination. Each affordable housing unit shall be restricted to remain and E be maintained as the required affordable housing as provided in the LDC §2.06.04. m 15. Modification. This Agreement shall be modified or amended only by the o M written agreement of both Parties. c 16. Discrimination. E a� a. The Developer agrees that neither it nor its agents shall discriminate a against any owner/renters or potential owner/renters because of said owners/renters race, color, religion, sex, national origin, familial status, or handicap. a� b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner a and shall make available any relevant information to any person who is interested in m r purchasing such affordable housing unit. E C. The Developer agrees to be responsible for payment of any real a estate commissions and fees for which it is liable in the purchase and sale of affordable Q units. P d. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. e. The square footage, construction and design of the affordable, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Appendix C, shall be the Page 9 of 26 Packet Pg. 2142 17.E.3 same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Appendix C, shall be the same in both the market rate units and the affordable units in each phase, Units in a subsequent phase may contain different amenities than units in a previous a 0 phase so long as the amenities for market rate units and affordable units are the same a a� within each phase and provided that in no event may a market rate unit or affordable unit E in any phase contain physical amenities less than those described in the Developer m Application. 00 M M 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase c and shall be constructed as part of each phase of the development on the Property. aD P, a Developer commits to 100% percent affordable housing units for this project, with 100% percent of the units in each phase consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer, renter, or lender of the particular affordable housing unit or units, which ,o a units in the development are designated as affordable housing units. m 1 g. Consistency. This Agreement and authorized development shall be r E consistent with the Growth Management Plan and land development regulations of Collier a County that are in effect at the time of development. Subsequently adopted laws and a policies shall apply to this Agreement and to the development to the extent that they are E t U not in conflict with the number, type of affordable housing units and the amount of r a affordable housing density bonus approved for the development. 20. Affordable _Housing_ Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Page 10 of 26 0 Packet Pg. 2143 17.E.3 Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. a 0 23. Further Assurances. The Parties hereto shall execute and deliver, in a a� a� recordable form if necessary, any and all documents, certificates, instruments, and E agreements which may be reasonably required in order to effectuate the intent of the m Agreement. Such documents shall include but not be limited to any document requested o M by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. c IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OFCOUNTY COMMISSIONERS CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA , DEPUTY CLERK By: BURT L. SAUNDERS, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney O Page 11 of 26 Packet Pg. 2144 17.E.3 DEVELOPER: Witnesses: Witness Printed Name Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 2020, by Such person(s) Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: Page 12 of 26 as identification. a 0 a m a� �L E d m LO 00 M M r Packet Pg. 2145 17.E.3 N 89'36I57"E 60.00' I EXHIBIT Page � OF �I ,00 POINT OF �o COMMENCEMENT o� WEST 1/4 CORNER OF SECTION 4 N89'36'57"E 343.47' POINT OF I BEGINNING WEST LINE OF I THE SW 1 /4 OF SECTION 41 I N �rl n O 5.11 ACRES, o �s o 0 0 v7 589 o®o, 4.00' 0.00 ' SCALE IN FEEr LEGEND: I L R/W = RIGHT—OF—WAY I o 03 S89'43'08"W 300.65' I z DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N,89'36'57"E. 60.00 FEET TO THE EAST RIGHT OF WAY LINE OF SANTA BARBARA BOULEVARD; THENCE S,00'14'52"E, ALONG SAID EAST RIGHT OF WAY LINE 120.00 FEET TO THE POINT OF BEGINNING; THENCE N,89'36'57"E. 343.47 FEET; THENCE S.00'00'12"E. 660.04 FEET; THENCE S.89'43'08"W. 300.65 FEET; THENCE N.00'14'52"W. 81.70 FEET; THENCE S.89'40'03"W. 40.00 FEET; THENCE N.00'14'52"W, 577.76 FEET TO THE POINT Of BEGINNING: CONTAINING 222,399 SQUARE FEET OR 5.11 ACRES, MORE OR LESS. NOTES: CERTIFICATION: 1. THIS IS NOT A SURVEY. __ 2. BEARINGS ARE BASED ON THE WEST Barry E Syren (For the Firm 1-I3#1542) LINE OF THE SOUTHWEST QUARTER OF professional Land Surveyor Florida Certificate No. 5365 SECTION 4, AS BEING N. 00'14'52" W. 3. SUBJECT TO EASEMENTS, RESERVATIONS Date Signed: -------- AND RESTRICTIONS OF RECORD. Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper a NAPLES, FLORIDA 34112 j PHONE (239) 434-0333 FAX (239) 434-9320 E N G I N E E R I N G E.B. #642 & L.B. #642 DATE 3/2007 SKETCH AND DESCRIPTION 18-49-26 1 1" = 120' 1 1 or 1 �e Q 0 I1 d Im 'L �C E d In 00 M M Page 13 of 26 Packet Pg. 21 6 17.E.3 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS Of the 82 units proposed, 13 will be restricted to Owner(s)/Renter(s) earning less than 50% AMI (very low income), 50 will be restricted to tenants earning between 51 % AMI to 60% AMI (low income), and the remaining 19 units will be restricted to a tenants earning between 61 % AMI to 80% AMI (low to moderate income). For rent a. and income levels, please see Appendix A, Exhibit C. a� (1) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 5.1-acres E (3) Maximum number of affordable housing density bonus units 00 allowed in this development pursuant to LDC Section 2.06.00 12 LO units. M (4) Gross residential density of this development (including affordable housing density bonus units) 16 units/acre. a (5) Percentage of affordable housing units pledged by the developer (as a W percent of the total number units in the development) 100% tM Page U of 26 Packet Pg. 2147 17.E.3 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, moderate, and gap income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonuses which may be granted for a development based on household income level , type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, or moderate) of the affordable housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of affordable housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the affordable housing density bonus exceed twelve (12) dwelling units per gross acre. Page 15 of 26 a 0 IL m a� �L E a� m LO 00 M M c Packet Pg. 2148 17.E.3 APPENDIX A. EXHIBIT B, AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) Maximum Allowable Density Bonus by Percent of Development Designated as Affordable Housing "2,3 Product (% of MI) 10% 2o% 1 30% 1405 _I 50% Fo% 70% 80% 190% 10o%._ Gap 1 2 ( 3 1 4 15 6 7 8 n/a n/a (>120--s140) ¢,5 Moderate r- i{>80—�120) a 2 4 5 5 7 8 9 FO FlP2 I [—Low (>50-580) Very -Low (_<50) 17 1 8 l 9 110 ill 1 12 1 12 1 1.2 1121 12 ' Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1 /10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit (based on level of income shown above) is proposed for a development , the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed 12 dwelling units per gross acre. 4 Owner -occupied only. 5 May only be used in conjunction with at least 20% at or below 120% MI Page 16 of 26 a 0 IL m a� �L E m m LO 00 M M C04�) Packet Pg. 2149 17.E.3 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE VERY LOW, LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(i); Collier County Code of Laws and Ordinances, moderate income is 61% to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median income. RECOMMENDED RENTAL RATES The Low -Income Rental Housing Tax Credit (LIHTC) rents utilized by The Florida Housing Finance Corporation (FHFC) are calculated based on HUD's income limits. See income levels for 2020 below, followed by the rental rates applicable to this project. To calculate net rents, an utility allowance must be applied. The allowance is estimated based on an energy consumption study completed by a third -party consultant and approved by FHFC. COLLIER COUNTY MEDIAN INCOME 2020 County Metro Percentage Cale or Income Limit by Number of Persons in Household 1 2 3 4 5 6 7 8 9 10 Collier County 30% 17,300 19.800 22.250 25,200 30580 35,160 39,640 44.120 ftefor to HUD (Napies.lmrnokalee-NbrCoIsland M S 50% 28,850 32,950 37,050 41,150 44,450 47,750 51,050 54,350 57M0 60,902 80% 46,100 52,700 59,300 65,850 71,150 76,400 81,700 &a,VA 92,176 97,443 h4edian: 82,300 120% 69,240 79,080 88.920 98,760 106,680 114,600 122,520 130,440 138,264 146,165 140;'e 1 $0,780 1 92,260 1 103,740 1115,220 1 124,460 1 133.704 1 142,94a 1152,180 161,308 170.526 RENTAL RATES BASED ON 30% AMI, 60%AMI and 80%AMI 1BR 2BR 3BR 30% AMI $463 $555 $642 60% AMI $927 $1,111 $1,284 80% AM] $1,236 $1,482 $1,712 ESTIMATED UTILITY ALLOWANCES IN COLLIER COUNTY I BR: $131 2BR: $146 and 3BR: $161 a 0 IL m a� �L E a� m LO 00 M M Page 17 of 26 Packet Pg. 2150 17.E.3 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT (DRAFT) Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: YourName: Race/National Origin: Handicap: Yes_No_ Co-TenantName Race/National Origin: Handicap: Yes —No — Present Address: Street City State Zip Telephone No, Name of Landlord How Long atthis Address: Landlord's Address: Street City State Zip Telephone No, If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City APPLICANT: State Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly$ Weekly$, Zip Telephone No. _Job Title Every 2 Weeks$ Monthly$ Q 0 a d as �L E m m Ln w M M Page 18 of 26 Packet Pg. 2151 17.E.3 Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title^ CO -TENANT: Present Employers Name a 0 M Address and Telephone No. a d How long with Present Employer: Job Title •L Gross Salary: Hourly$_ Weekly$ Every 2 Weeks $ Montlh[y$ E m Social Security Number Birth Date 00 LO Previous Employers Name 00 M Address and Telephone No. .r c How long with Previous Employer Job Title °D E d NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AG SOCIAL SECURITY L IM 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: no� Page 19 of 26 Packet Pg. 2152 17.E.3 ►U-10►L11►e *-I nI a flli-p AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name:_ Co -Tenant's Name::_ Present Address; Street city state (DRAFT) I hereby make application for a single family unit at ocial Security Number I hereby declare and reveal all of my sources of income. SecurityNumber Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. 1 understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Amount Frequency Received of Pay Co -Occult Amount Frequency Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman' s Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ Union Pension $ $ $ $ Q 0 IL d as �L E m m Ln w M M Page 20 of 26 Packet Pg. 2153 17.E.3 Self -Employment Business, Silent Partner, etc. $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY o THE AFFORDABLE, WORKFORCE, OR GAP UNIT. a d as THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL E SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN m AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. m Ln ao M M Page 21 of 26 co Packet Pg. 2154 17.E.3 APPENDIX_B, EXII BI IT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION (DRAFT) APPLICANT: Present Employer:. Address: ob Title: Street City State Zip 1, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF COUNTY OF a 0 IL d as �L E m m Ln ao M M The foregoing instrument was acknowledged before me by means of ❑ physicai presence or ❑ online notarization th day of , 2020, by Such person(s) Notary Public must check applicable box: ❑ are personally known to me. ❑ produced her current driver license. ❑ produced as identification. (Notary Seal) Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: Page 22 of 26 CW, Packet Pg. 2155 17.E.3 EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: Number of Hours Worked (Weekly):_ . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually o D IL d Supervisor :L STATE OF E m COUNTY OF m Ln The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization th M day of , 2020, by Such person(s) Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced as identification. Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: CAO Page 23 of 26 Packet Pg. 2156 17.E.3 APPENDIXC DEVELOPER APPLI!LATION FOR AFFORDABLE HOUSINQ DLNSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Q Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County M a Community and Human Services Department. L All items requested must be provided. E m m 1. Please state what zoning districts are proposed by the applicant, if any, on the property and Ln w the acreage of each; Bembrid e EmergencX Services Complex CFPUD & RPUD 2. Has an application for rezoning been requested in conjunction with the affordable housing E density bonus process? m X Yes _ No If yes, state date of application PUDA filed 6.24.2020.and if the request has been approved, state the Ordinance number NIA 3. Gross density of the proposed development. 16 units/ acre Gross acreage of the proposed development. 5.1- acres 4. Are affordable -workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? Yes x No. If yes, please state name and location of the PUD and any other identifying information. Bernbridge Emergency Services Complex CFPUD & RPUD 5. Name of applicant: Jessica Harrelson, AICP, Davidson Engineering Inc. Name of land developer if not the sarneas Applicant: McDowell Housing Partners LLC Page 24 of 26 Packet Pg. 2157 17.E.3 6. Please state the number of units that will be rental and owner occupied, number of affordable housing units, and number of bedrooms the units will have. All 82 units will be renter occupied. See detailed unit mix below: 1BR @ 30% AMI: 4 IBR @ 60%AMI: 14 0 IBR @ 80% AMI: 4 a 2BR @ 30% AMI: 7 CD 2BR @ 60% AMI: 29 2BR @ 80% AMI: 12 CD 3BR @ 30% AMI: 2 Ln M 3BR @ 60% AMI: 7 3BR @ 80% AMI: 3 c 7. Please provide a physical description of the affordable units by type of unit (very low income, low income , moderate income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher , stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. As shown above, the project will have 13 very low income units (50% AMI and below), 50 low income units (51 % to 60% AMI) and 19 low to moderate income units (61% to 80% AMI). The unit size will be the following: IBR — 700 SF, 213R — 994 SF to 1,065 SF (corner unit) and 3BR --- 1,336 SF. Units will feature solid surface countertops; plywood cabinets; ceramic and/or luxury vinyl tile flooring; impact windows, full-size energy star appliances including range, refrigerator microwave, and dishwasher; washer/dryer hookups in every unit; and LED lighting throughout. Project amenities will include a clubhouse (computer lab, billiards or ping-pong table, gathering room with media), fitness center and large heated pool. Page 25 of 26 owa, Packet Pg. 2158 17.E.3 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. IOW a 0 a m a� �L E M� W LO 00 M m r O� Page 26 of 26 Packet Pg. 2159 17.E.5 Codie-r County _ �. COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountvfl.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Hybrid Virtual Quasi -Judicial Public Hearing Waiver For Petition Number(s): Emergency/Executive Order 2020-04 Hearing of the Collier County Planning Commission and Board of County Commissioners PUDA-PL20200000564 (Bembridge Emergency Services Complex) Regarding the above subject petition number(s), McDowell Housing Partners, LLC Name of Applicant) elects to proceed during the declared emergency with hybrid virtual public hearings of the Collier County Planning Commission and Board of County Commissioners, and waives the right to contest any procedural irregularity due to the hybrid virtual nature of the public hearing. Christopher Shear, Managing Director, McDowell Housing Partners, LLC Name: Signature*: ❑ Applicant ❑ Legal Counsel to Applicant Date: 9/30/2020 * This form must be signed by either the Applicant (if the applicant is a corporate entity, this must be an officer of the corporate entity) or the legal counsel to the Applicant. a Packet Pg. 2160 17.E.6 FinnTimoth From: Roy Anderson <eanderson075@gmail.com> Sent: Monday, November 9, 2020 2:22 PM To: Fi nnTi mothy Subject: Fwd: Bembridge Thurs Attachments: Scan20110407_55_25.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. The attachments here go with the Resolution I'm sending you. Roy Anderson Life is short, play 18 ---------- Forwarded message --------- From: Joe Smith <jsmith@csgcc.net> Date: Wed, Nov 4, 2020, 8:31 AM Subject: Re: Bembridge Thurs To: Roy Anderson <eanderson075@gmail.com> Here you go JS From: Roy Anderson <eanderson075@gmail.com> Date: Wednesday, November 4, 2020 at 6:56 AM To: Joe Smith <jsmith@csgcc.net> Subject: Re: Bembridge Thurs Yes if you could send me those today that would be great. Roy Anderson Life is short, play 18 On Tue, Nov 3, 2020, 4:16 PM Joe Smith <jsmith@csgcc.net> wrote: Ok, the minutes aren't officially approved but I can provide you with the agenda and the copy of that motion specifically Packet Pg. 2161 17. E.6 JS From: Roy Anderson <eanderson0752gmad,com> Date: Tuesday, November 3, 2020 at 3:44 PM To: Joe Smith <jsmith@csgcc.net> Subject: Re: Bembridge Thurs. For the Planning Commission could we bring an official copy from your office showing date of meeting, unanimous vote etc. We'll use it later for the BCC as well. Roy Anderson Life is short, play 18 On Tue, Nov 3, 2020, 3:28 PM Joe Smith <'smith cs cc.net> wrote: Yes, it was approved as is. is From: Roy Anderson <eanderson0752gmail.com> Date: Tuesday, November 3, 2020 at 2:28 PM To: Joe Smith <jsmith@csgcc.net> Subject: Bembridge Thurs Hi Joe, just checking, do we have the final resolution for Thursday? Roy Anderson Life is short, play 18 a 0 IL a� E d m LO 00 M M r Packet Pg. 2162 17.E.6 RESOLUTION REGARDING THE BEMBRIDGE SERVICES COMPLEX COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT DATE: September 29, 2020 COMMITTEE: External Community Relations CHAIRPERSON. Roy B. Anderson CURRENT POLICY REFERENCES: 39.11.2. A. and B. a WHEREAS: The project proposal is located on the east side of Santa Barbara Boulevard and is a part a of the subject complex which comprises 39.8 acres. It includes the already -built projects of Calusa Park Elementary School, the Emergency Management Station #75, water management lakes, land for a future wastewater master pumping station (1.33 acres) and land for this proposed affordable housing project (3.77 acres), aEi m WHEREAS: The parcels of interest are the pumping station and the housing sites, which front Santa Ln Barbara Boulevard directly opposite Countryside, specifically the Country Hollow and Country Haven 00 communities.. The immediate project is for the housing site only, not the pump station site, WHEREAS: At a Neighborhood Information Meeting (NIM) on January 30, 2020, the housing project a; as presented consisted of 42 affordable housing units to be two stories high on a site of 6.3 acres. The J ECRC reviewed this project and concluded that it would have a minimal impact on Countryside, _ however it would be monitored in the future, WHEREAS: Another NIM was held on September 10, 2020 and the project now proposed consisted of 82 affordable housing units on a 3.77 acre site and with three-story high buildings, WHEREAS: The 82-unit proposal will require the approval of the Collier County Planning Commission and the Board of County Commissioners for density bonuses for affordable housing. Further, they propose applying the density bonus not only to the projeces 3.77 acres but also to the 1.33 acres designated for the pumping station for purposes of calculating the total allowable units which will all be on the 3.77 acre site. WHEREAS: The increase in size of the project as now proposed will have a material effect on Countryside including most importantly, visual impacts as well as noise and traffic impacts. Countrysiders in this area are already impacted by sirens from EMS vehicles, NOW, THEREFORE: That the Master Board go on record as opposing use of the affordable housing bonus and use of the pumping station land to achieve the total project size of 82 housing units with three story buildings. Packet Pg. 2163 17.E.6 MOTION Motion to consider further discussion related to amending restrictions outlined in the master community documents —Article X, Section 12-Vehicles. NO MOTION MADE MOTION Motion made by Bev Whiteman, seconded by Mike Cashman to approve flawless dress denim in the Lakeview Lounge and Patio as of January 1, 2021. Flawless denim is defined as not having signs of faded, worn, or frayed fabric, tears, holes, or rips in colors of indigo (very dark blue), black or white only. Final decisions on acceptable conditions of denim will be at the discretion of Q club management. 8 Yeas, 1 Nay (Randy Koelb) - MOTION CARRIED a m L E MOTION m Motion to enter into a contract with a selected architectural/design firm to begin feasibility LO study of the amenity campus. M M MOTION DELAYED W MOTION Motion to approve the creation of an ad hoc master plan phase II committee and open up application process to the community. MOTION DELAYED MOTION Motion made by Mike Cashman, seconded by Ken Laycock to adopt the ECRC proposal motion opposing the 82 unit Brembridge Planned Unit Development. 9 Yeas, 0 Nays — MOTION CARRIED UNANIMOUSLY MOTION Motion made by Ken Laycock, seconded by Randy Koelb, to approve the Delinquent Members Suspension List. 9 Yeas, 0 Nays - MOTION CARRIED UNANIMOUSLY Packet Pg. 2164 17.E.6 VIII iX. X. 1 COUNTRYSIDE ccx.�rrxvstoe c.�.F A �u'vixa' cwa Countryside Master Board of Directors Meeting October 29, 2020 Call to Order 8:30 AM Approval of the Master Board Minutes of a. May 28, 2020 Reading of the Executive Committee Minutes of a. June 9, 2020 b. August 11, 2020 c. September 8, 2020 d. September 15, 2020 (Special Meeting) e. October 20, 2020 Committee Recommendations / Reports a. ECRC — Bembridge Development Update.............................................Roy Anderson, Chair General Manager's Report ............................................................................Joe Smith, GM/COO Controller's Report .......................................................................................Jeff Jacob, Controller Old Business a. M-Consulting Group — Cable Survey Update...................................Larry Franzen, President b. Cheryl Deering Community Marketing Program....................................Joe Smith, GM/COO c. Review Dress Code Survey and possible revisions ........................Larry Franzen, President New Business a. Kitchen AC Unit — Unplanned Replacement........................................Joe Smith, GM/COO b. Walk-in Cooler Evap Coil & Condenser Replacement ........................Joe Smith, GM/COO c. Resident Request — Review master document restrictions specific to pick up, trucks, campers, RVs etc...............................Larry Franzen, President d. Candidate for Open Director Position..................................................Joe Smith, GM/COO e. Adhoc Master Plan Phase II Committee Charter.................................Joe Smith, GM/COO f. Delinquent Member Suspension List.........................................Jeff Jacob, Finance Manager Open Forum for Members ***Owners may make a statement up to 3 minutes on agenda items under old/new business, action items and board motions. Board Motions a. Motion to appoint Kathy Kunow to fill the remaining term of the open director's 0 o_ a� a� E m m Ln 00 M M a� a� J _ 0 y 0 a 0_ O w_ m E U 0 Q m E t U 0 w r Q position. Packet Pg. 2165 b. Motion 17.E.6 to require masks in all indoor areas and the cart staging area until further notice. c. Motion to approve Cheryl Deering Community Marketing proposal for a term of 5 months at $3000 per month. d. Motion to approve unplanned kitchen W/1 Cooler evaporator coil and condenser replacement in the amount of $7635.42 e. Motion to approve unplanned kitchen a/c replacement in the amount of $8078.50 f. Motion to consider further discussion related to amending restrictions outlined in the master community documents - Article X, Section 12 — Vehicles. g. Motion to approve flawless dress denim in the Lakeview Lounge and Patio as of January 1, 2021. Flawless dress denim us defined as not having any signs of faded, worn or frayed fabric, tears, holes or rips in the colors of indigo (very dark blue), black or white Q D a. only. Final decisions on acceptable condition of denim will be at the discretion of club management. a� h. Motion to enter into a contract with selected architecture/design firm to conduct CD m feasibility study of the amenity campus. Ln i. Motion to approve the creation of an ad hoc master plan phase II committee and open 00 cn 77 up the application process to the community. N L j. Motion to approve delinquent member suspension list. d J XI. Adjournment o w Board Workshop to immediately follow Board Meeting o a a 1. M-Consulting Group O a. TV/Internet Survey Results w = b. Provider Proposal Comparison Presentation m E s c. Next steps U y Q d. Board Discussion c m Due to social distancing practices we are not making in -person attendance available at this meeting. We are, however, providing access to this meeting via the zoom link provided below. Q Please remember that your participation is limited to listening for most of the meeting except for Item IX, the Open Forum segment. As a reminder, you are only permitted to comment on agenda items. Zoom Meeting Information: Topic: October Board Meeting & Workshop Time: Oct 29, 2020 08:30 AM Eastern Time (US and Canada) Join Zoom Meeting htts: zoorn.us ' 91519867316? wd=ZX15WTICZUhFRGY5Wi9 CkVVYWZJZZ09 Packet Pg. 2166 Meeting ID: 915 1986 7316 Passcode: 268355 17.E.6 One tap mobile +13126266799„91519867316#,,,,,,0#„268355# US (Chicago) +16465588656„91519867316#...... 0#„268355# US (New York) Dial by your location +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San lose) +1 253 215 8782 US (Tacoma) Meeting ID: 915 1986 7316 Passcode: 268355 Find your local number: https://zoom.us/u/ad6AuVtvcU i IL a� a� �L E MW W LO 00 M M r Packet Pg. 2167 17.E.6 FinnTimothy From: Roy Anderson <eanderson075@gmail.com> Sent: Monday, November 9, 2020 2:25 PM To: FinnTimothy Subject: Bembridge Nov 19 Attachments: MB Res Bembridge.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. Enclosed are items for my statement opposing the proposed Bembridge project. Included herein is an Agenda and record of our Master Board's meeting on October 29,2020 wherein the board unanimously accepted the attached o Resolution. On the 19th we may have other speakers as well. If ready in time I will forward you their statements. Thank you for the opportunity to provide these statements. -a L E d m In 00 M M r Packet Pg. 2168 17. E.6 RESOLUTION REGARDING THE BEMBRIDGE SERVICES COMPLEX COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT DATE: September 29, 2020 COMMITTEE: External Community Relations CHAIRPERSON: Roy B. Anderson CURRENT POLICY REFERENCES: 3.9.11.2. A. and B. a 0 WHEREAS: The project proposal is located on the east side of Santa Barbara Boulevard and is a part as of the subject complex which comprises 39.8 acres. It includes the already -built projects of Calusa Park a, Elementary School, the Emergency Management Station #75, water management lakes, land for a future wastewater master pumping station (1.33 acres) and land for this proposed affordable housing E project (3.77 acres), LO Go WHEREAS: The parcels of interest are the pumping station and the housing sites, which front Santa Barbara Boulevard directly opposite Countryside, specifically the Country Hollow and Country Haven communities.. The immediate project is for the housing site only, not the pump station site, y, WHEREAS: At a Neighborhood Information Meeting (NIM) on January 30, 2020, the housing project as presented consisted of 42 affordable housing units to be two stories high on a site of 6.3 acres. The ECRC reviewed this project and concluded that it would have a minimal impact on Countryside, however it would be monitored in the future, WHEREAS: Another NIM was held on September 10, 2020 and the project now proposed consisted of 82 affordable housing units on a 3.77 acre site and with three-story high buildings, WHEREAS: The 82-unit proposal will require the approval of the Collier County Planning Commission and the Board of County Commissioners for density bonuses for affordable housing. Further, they propose applying the density bonus not only to the projects 3.77 acres but also to the 1.33 acres designated for the pumping station for purposes of calculating the total allowable units which will all be on the 3.77 acre site. WHEREAS: The increase in size of the project as now proposed will have a material effect on Countryside including most importantly, visual impacts as well as noise and traffic impacts. Countrysiders in this area are already impacted by sirens from EMS vehicles, NOW, THEREFORE: That the Master Board go on record as opposing use of the affordable housing bonus and use of the pumping station land to achieve the total project size of 82 housing units with three story buildings. Packet Pg. 2169 17.E.6 FinnTimoth From: Roy Anderson <eanderson075@gmail.com> Sent: Tuesday, November 10, 2020 3:02 PM To: FinnTimothy Cc: Bev Whiteman; Joe Smith 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. I am Beverly Whiteman, a Countryside resident and I serve on the Countryside Master Board. The Countryside Golf and Country Club comprises 1133 families living out their dreams and enjoying the amenities of the surrounding area. Our _ Board was disturbed to hear of the Bembridge proposal to construct three-story high buildings on Santa Barbara Q 0 Boulevard within clear view of Countryside residents. a as a� The eastern vista seen by Countryside is generally low profile even with the Calusa Park School and the EMS station :2 L structures. E a� m The original proposal for two-story structures was much more palatable to our Board. We appreciate the need for In affordable rental housing in the County which this project will provide. However, we implore you to eliminate a 00 M potential eyesore from being inflicted upon our residents. r N Please be advised that our Master Board unanimously approved a Resolution opposing this Bembridge proposal on October 29, 2020.This Resolution is being provided by others to the Planning Commission. J Packet Pg. 2170 17.E.7 FinnTimoth From: Jessica Harrelson <Jessica@davidsonengineering.com> Sent: Wednesday, December 9, 2020 12:49 PM To: FinnTimothy Subject: FW: Bembridge PUDA-20200000564 EXTERNAL EMAI' This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links, Hi Tim The sign has been updated- please see below. Thank you. Jessica Harrelson, AICP Senior Planner Packet Pg. 2171 17.E.8 Public Notices Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on January 12, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners (BCC) will con- sider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF. COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUM- BER 05-46, THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REDESIGNATE 5.11t ACRES OF LAND FROM TRACT A TO TRACT A-1; TO INCREASE THE RESIDENTIAL DENSITY FROM 6 TO 16 UNITS/ACRE FOR A MAXIMUM OF 82 RESIDENTIAL UNITS ON TRACT A-1, USING THE AFFORDABLE HOUSING DENSITY BONUS AND TO AMEND THE MASTER PLAN; AND PROVIDING AN EFFEC- TIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 39.82t ACRES AND IS LOCATED EAST OF SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84) IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20200000564) 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 register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at vvww.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meetingg please call Geoffrey Willig at 252-8369 or email to Geoffrey.Wil�9@collieccount I.gov. 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 is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommoda- tion in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BURT L. SAUNDERS, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Pub Date: Dec 23, 2020 #4507492 .i O D ; Q m; 0 a v; CD tM rn, -0 h `: E m y � m m , :0 U1 N, M 4J' M N O N' LO Car co M M Z a _ Q a a� r; Z >; M H t c,> to a Packet Pg. 2172 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 of 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. APPLICANT CONTACT INFORMATION Name of Property Owner(s): Collier County, a Political Subdivision of the State of Florida and Name of Applicant if different than owner: McDowell Housing Partners, LLC Address: 601 Brickell Key Drive, Suite 700 City: Miami - Telephone: 786-257-2767 Cell: E-Mail Address: cshear@mcdhousing.com Name of Agent: Jessica Harrelson, AICP Firm: Davidson Engineering, Inc. Address: 4365 Radio Rd, Suite 201 City: Naples Telephone: 239.434.6060 Cell: E-Mail Address: Jessica@davidsonengineering.com State: FL ZIP: 33131 Fax: 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. March 4, 2020 Page 1 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: CFPUD and RPUD Zoning district(s) to the CFPUD & RPUD zoning district(s). Present Use of the Property. Calusa Park Elementary, EMS Station and Undeveloped Proposed Use (or range of uses) of the property: Addition of Affordable Housing Original PUD Name: Bembridge Emergency Services Complex CFPUD and RPUD Ordinance No.: 2005-46 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: 1___ 50 26 Lot: Block: Subdivision: Metes & Bounds Description: See attached survey and legal description Plat Book: Page #: Property I.D. Number: 00400246406 Size of Property: varies ft. x varies ft. = 222,591.6 Total Sq. Ft. Acres: 5.1 Address/ General Location of Subject Property: Located on the east side of Santa Barbara Boulevard, west of Calusa Park Elementary, north of EMS Station #75 PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑■ Residential ❑■ Community Facilities ❑ Mixed Use ❑ Other: ❑ Industrial March 4, 2020 Page 2 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N Santa Barbara Landings RPUD Developed & Undeveloped Residential S Shoppes at Santa Barbara PUD / New Hope MPUD Undeveloped & Developed Residential (Legacy) E Wildwood Estates PUD Developed Residential W ROW / Berkshire Lakes PUD Santa Barbara Blvd / Developed Residential & Golf Course 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 #: Metes & Bounds Description: Property I.D. Number: 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/]ndex.aspx?page=774. Name of Homeowner Association: Countryside Master Association, Inc. Mailing Address: 600 Countryside Drive City: Naples State: FL Zip: 34104 Name of Homeowner Association: Plantation Homeowners' Association of Collier County Inc. c/o Gulf Breeze Mngt Services, LLC Mailing Address: 8910 Terrence Ct, Suite 200 City: Bonita Springs State: FL Zip: 34135 Name of Homeowner Association: Legacy Naples,LLC Mailing Address: 25101 Chagrin Blvd, Suite 300 City: Beachwood State: OH Name of Homeowner Association: The Enclave Homeowners' Association, Inc. Mailing Address: 27180 Bay Landing Drive, Suite 4 City: Bonita Springs State: FL ZIP: 44122 Zip: 34135 Name of Homeowner Association: Mailing Address: City: State: ZIP: March 4, 2020 Page 3 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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. See attachment 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. March 4, 2020 Page 4 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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? N/A Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and an 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 subject to the then current code. March 4, 2020 Page 5 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): McDowell Housing Partners Address: 601 Brickell Key Drive, Suite 700 City: Miami Telephone:786.257.2767 Cell: E-Mail Address: cshear@mcdhousing.com Address of Subject Property (If available): N/A City: Naples State: FL ZIP: r20PERTY INFORMATION Section/Township/Range: 4 50 26 Lot: Block: Subdivision: N/A Metes & Bounds Description: See Survey Plat Book: Page #: State: FL Fax: Property I.D. Number: 00400246406 ZIP: 33131 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System 0 b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: Collier County d. Package Treatment Plant ❑ (GPD Capacity): e. Septic System ❑ I TYPE OF WATER SERVICE TO BE PROVIDED I Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Private System (Well) ❑ Total Population to be Served: 205 Provide Name: Collier County Peak and Average Daily Demands: A. Water -Peak: 38,745 Average Daily: 28,700 B. Sewer -Peak: 27,675 Average Daily: 20,500 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: 2/2021 March 4, 2020 Page 6 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (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. N/A 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. March 4, 2020 Page 7 of 11 Co*er County COLLIER COUNTY GOVERNMEP"" 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEP NAPLES, FLORIDA 34104 www.colliercounty.goy (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 BEMBRIDGEEMERGENCY SERVICES COMPLEX - TRACT A-1 RESIDENTIAL SANTA BARBARA BLVD, NAPLES, FL (SEE ATTACHED LEGAL AS EXHIBIT A) (Street address and City, State and Zip Code) and legally described in ExhibitA attached hereto. The property described herein is the subject of an application for CFPUD/RPUD planned unit development ( CFPUD/RPUD PUD) zoning. We hereby designate DAVIDSON 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. 5. 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 arLd�afeguards of the planned unit development. Owr'� I Owner NICK CASALANGUIDA, DEPUTY COUNTY MANAGER, COLLIER COUNTY Printed Name STATE OF FLORIDA COUNTY OF COLLIER Printed Name The foreg ing instrument was acknowleged before me by means of hysical presence oroonline notarization this day o 20� by (printed name of owner or qualifier) NICK CASALANGUIDA, DEPUTY COUNTY MANAGER, COLLIER COUNTY S ch persons Notary Public must check applicable box: 4as re personally known to me produced a current drivers license — Notary Pubbc Stata of Ronda Has produced as identification. son JessicapHa�el E�icpiCre�s o51211202a �769 Notary Signatur ar March 4, 2020 Page 8 of 11 DE EXHIBIT A A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER, COUNTY, FLORIDA; THENCE N.89°36'57"E. 60.00 FEET TO THE EAST RIGHT OF WAY LINE OF SANTA BARBARA BOULEVARD; THENCE S.00°14'52"E. ALONG SAID EAST RIGHT OF WAY LINE 120.00 FEET TO THE POINT OF BEGINNING; THENCE N.89°36'57"E. 343.47 FEET; THENCE S.00'00'12" E. 660.04 FEET; THENCE 5.89°43'08"W. 300.65 FEET; THENCE N.00°14'52"W. 81.70 FEET; THENCE 89°40'03"W. 40 FEET; THENCE N.00°14'52" W. 577.76 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 2 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER (W %) CORNER OF SAID SECTION 4, THENCE N.88049'26"E. ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER (SW %) OF SAID SECTION 4, A DISTANCE OF 60.00 FEET; THENCE 5.01'02'22"E. DEPARTING SAID NORTH LINE ALONG THE WEST LINE OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2970, PAGE 3419, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 600.77 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.88°55'17"E. DEPARTING SAID WEST LINE, A DISTANCE OF 341.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID DESCRIBED LANDS; THENCE 5.00°14'43"E. ALONG THE SAID EAST LINE, A DISTANCE OF 179.00 FEET; THENCE 5.88°55'37"W. DEPARTING SAID EAST LINE, A DISTANCE OF 300.65 FEET TO AN INTERSECTION WITH THE WEST BOUNDARY OF SAID DESCRIBED LANDS; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING THREE COURSES: 1. N.01°02'23"W., A DISTANCE OF 82.01 FEET, 2. 5.88052'32"W., A DISTANCE OF 40.00 FEET, 3. N.01°02'22W., A DISTANCE OF 96.99 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINING 164,656 SQUARE FEET OR 3.77 ACRES, MORE OR LESS. aembridge Emergency Services Complex CFPUD & RPUD PUDA- PL20200000564 Exhibit A —Legal Description July 8, 2020 CO*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 0 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 x❑ ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 0 ❑ List Identifying Owner and all parties of corporation 1 0 ❑ Signed and sealed Boundary Survey 1 0 ❑ Architectural Rendering of proposed structures 1 ❑ ❑ Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 ❑ ❑ Statement of Utility Provisions 1 ❑ ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ 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. ❑ 0 ❑ 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 0 ❑ Electronic copy of all required documents 1 ❑ ❑ Completed Exhibits A-F (see below for additional information)' ❑ 0 ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ 0 ❑ Checklist continues on next page March 4, 2020 Page 9 of 11 CO*Br County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov 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 ❑ 0 ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ 0 ❑ Revised PUD document with changes crossed thru & underlined 1 0 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ 0 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards 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: El School District (Residential Components): Amy Lockheart El conservancy of SWFL: Nichole Johnson ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams (Director) ❑ Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ I City of Naples Utilities ❑ Other: I ASSOCIATED FEES FOR APPLICATION I U Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Co*er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov ❑✓ 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 not listed, but 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 5t' and subsequent re -submittal will be accessed at 20% of the original fee. - - 6.18.2020 Sigriat Petitioner or Xgent Date Jessica Harrelson, AICP Printed named of signing party March 4, 2020 Page 11 of 11 DE DAVIDSON ENGINEERING BEMBRIDGE EMERGENCY SERVICES COMPLEX - PUDA PROJECT NARRATIVE: The Bembridge Emergency Services Complex Community Facilities Planned Unit Development (CFPUD) and Residential Planned Unit Development (RPUD) totals ±39.82 acres and is located on the east side of Santa Barbara, south of Radio Road and north of Davis Boulevard. The intent of the Planned Unit Development Amendment (PUDA) is to request an increase in residential density from 6 units per acre to 16 units per acre, using the Affordable Housing Density Bonus, for a maximum of 82 residential units within the Bembridge Emergency Services Complex CFPUD/RPUD. The subject County -owned parcel (folio #00400246406) is ±5.1-acres, now designated as Tract "A-1" on the updated PUD Master Plan. Of the parcel's total site area, 3.77-acres is allocated for the proposed Affordable Housing Development (Tract 'A-1 Residential') and the remaining 1.33-acres is allocated for the development of a future Master County Pump Station (Tract 'A-1 Master County Pump Station'). Density is calculated utilizing the site's total area of 5.1-acres (16 DU/A x 5.1 = 82 units). Via a public -private partnership and a 99-year land lease, the future apartments (to be known as The Harmony on Santa Barbara) will be developed by McDowell Housing Partners, while the County maintains ownership of the 5.1-acre parcel. The apartment community will serve Collier County residents earning between 30 and 80 percent of the County's area median income (AMI). The Developer agrees to target and market at least 10% of units for seniors, veterans, or special needs populations. The community will provide one, two- and three -bedroom apartments along with accessory recreational facilities. Please refer to the Collier County Long -Term Lease Agreement included for reference. The request complies the County's Growth Management Policies that encourage the development of affordable housing such as, "The goal of the Housing Element of the Collier County Growth Management Plan is 'to create an adequate supply of decent, safe, sanitary, and affordable housing for all residents of Collier County'. The development of private housing in Collier County is driven by an expensive housing stock; effectively excluding low-income and working-class families from the housing market. Thus, there is a need for the County to find way to encourage the provision of affordable -workforce housing for these families." Additional updates to the PUD are outlined below: 1. Updated 'Residential Use Development Standards' (PUD Section 3.5) 2. Redesignate portions of the existing "Tract A" to Tract "A-1 Residential" and Tract "A-1 County Pump Station" 3. Addition of Developer Commitments (PUD Sections 4.2 and 4.4) 4. Updated Open Space Requirement (30% of the PUD's gross area), per LDC Section 4.02.01.B.2. (PUD Section 4.8) 5. Addition of Preservation Requirement for Tract "A-1" (PUD Section 4.8) 6. Addition of Maximum Trip Generation for Tract "A-1 Residential" (PUD Section 4.9) Bembridge Emergency Services Complex CFPUD & RPUD PUDA - P L20200000564 August 5, 2020 1 www.davidsonengineering.com DE DAVIDSON ENGINEERING 7. Addition of Deviations pertaining to Landscape Buffers and Parking Requirements (PUD Section 4.12) EVALUATION CRITERIA: The following criteria have been addressed by the applicant to evaluate the proposed PUDR application: 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: Bembridge Emergency Services Complex is an existing CFPU & RPUD and is located within an established area of Collier County; therefore, does not contribute to urban sprawl. Existing ingress and egress points are located along Santa Barbara Blvd. One additional Access point along Santa Barbara Blvd. into Tract "A-1 Residential" is proposed; refer to Conceptual Master Plan. The PUD is and will continue to be served by Collier County Public Utilities; refer the Statement of Utility Provision. A Traffic Impact Statement has been prepared to outline the projects impacts to area roadway networks, while the PUD further addresses the development's maximum AM and PM peak -hour trips. Stormwater has been conceptually reviewed and will be finalized at time of Site Development Plan permitting. An Environmental Resource Permit Modification, through the South Florida Water Management District, will be also obtained at time of SDP permitting. 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: Evidence of Unified Control has been provided. The applicant/developer will be responsible for the provision and maintenance of all facilities on -site. Please refer to the recorded warranty deeds and the Collier County Long -Term Lease Agreement. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) Response: The subject PUD is located within the Urban Residential Subdistrict, per the Future Land Use Map. Permitted uses within the existing PUD are consistent with the County's Growth Management Plan. The density being requested of Bembridge Emergency Services Complex CFPUD & RPUD P U DA - P L20200000564 August 5, 2020 2 www.davidsonengineering.com DE DAVIDSON ENGINEERING 16 units per acre is being achieved through an Affordable Housing Density Bonus Agreement between the Developer and Collier County (4 base units + 12 affordable housing density bonus units =16 DU/A). 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 Bembridge Emergency Services Complex has been designed to be compatible with adjacent developments. The adequacy of usable open space areas in existence and as proposed to serve the development. Response: The PUD will continue to meet and/or exceed required open space requirements. 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 Analysis included within this PUDA request. The development, as proposed, will not have a negative impact upon existing private and public facilities. The ability of the subject property and of surrounding areas to accommodate expansion. Response: The subject properties are surrounded by rights -of -way, single-family residential and agricultural facilities. Expansion beyond the proposed PUD boundary is not feasible as currently proposed. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Response: The proposed PUD Amendment complies with all applicable regulations set forth within the PUD and the Collier County Land Development Code. Bembridge Emergency Services Complex CFPUD & RPUD P U DA - P L20200000564 August 5, 2020 3 www.davidsonengineering.com DE DAVIDSON ENGINEERING Future Land Use Element Provisions Policy 5.3 All rezonings must be consistent with the Growth Management Plan. For properties that are zoned inconsistent with the Future Land Use Designation Description Section but have nonetheless been determined to be consistent with the Future Land Use Element, as provided for in Policies 5.9 through 5.13, the following provisions apply: a. For such commercially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity commercial zoning district as the existing zoning district, and provided the overall intensity of commercial land use allowed by the existing zoning district, except as allowed by Policy 5.11, is not exceeded in the new zoning district. The foregoing notwithstanding, such commercial properties may be approved for the addition of residential uses, in accordance with the Commercial Mixed -Use Subdistrict, though an increase in overall intensity may result. A zoning change of such commercial -zoned properties to a residential zoning district is allowed as provided for in the Density Rating System of this Future Land Use Element and as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. b. For such industrially -zoned properties, zoning changes will be allowed provided the new zoning district is the same or a lower intensity industrial, or commercial, zoning district as the existing zoning district, and provided the overall intensity of industrial land use allowed by the existing zoning district is not exceeded in the new zoning district. c. For such residentially -zoned properties, zoning changes will be allowed provided the authorized number of dwelling units in the new zoning district does not exceed that authorized by the existing zoning district, and provided the overall intensity of development allowed by the new zoning district does not exceed that allowed by the existing zoning district, except as provided for in the Bayshore/Gateway Triangle Redevelopment Overlay. d. For property deemed to be consistent with this Element pursuant to one or more of policies 5.9 through 5.13, said property may be combined and developed with other property, whether such other property is deemed consistent via those same policies or is deemed consistent with the Future Land Use Designation Description Section. For residential and mixed use developments only, the accumulated density between these properties may be distributed throughout the project, as provided for in the Density Rating System or the Commercial Mixed Use Subdistrict, as applicable. e. Overall intensity of development shall be determined based upon a comparison of public facility impacts as allowed by the existing zoning district and the proposed zoning district. Response: The subject PUD is an existing Community Facilities PUD and Residential PUD. The Amendment is requesting an increase in residential density, which will be achieved through an Affordable Housing Density Bonus Agreement between the Developer and Collier County. Public facilities are available to accommodate the proposed project. Bembridge Emergency Services Complex CFPUD & RPUD P U DA - P L20200000564 August 5, 2020 4 www.davidsonengineering.com DE DAVIDSON ENGINEERING 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). Response: The Bembridge Emergency Services Complex CFPUD/RPUD is an existing PUD and has been designed to be compatible with adjacent developments. 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 Bembridge Emergency Services Complex CFPUD/RPUD has existing access points along Santa Barbara Boulevard. One additional access, directly to the Bembridge Apartments site along Santa Barbara Blvd. is also proposed. Please refer to the Conceptual Mater Plan for access locations. 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 Bembridge Apartments, "Tract A-1 Residential" will be developed with internal vehicular drive aisles and circulation. 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. Tract "A-1 Residential" abuts Calusa Park Elementarv' s access road alona the north and due to bus traffic and parent pick-up/drop off stacking, a vehicular interconnection is not feasible. A pedestrian interconnect for the students will be provided and coordination with CCPS regarding sidewalk extensions/striping is underway. The site abuts a proposed pump station "Tract A-1 Master County Pump Station" to the south and water management to the east. 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 Bembridge Apartments, proposed on "Tract A-1 Residential", will be designed with sidewalks throughout the site and a sidewalk connection to Santa Barbara Blvd will be constructed to encourage a walkable community. Bembridge Emergency Services Complex CFPUD & RPUD P U DA - P L20200000564 August 5, 2020 5 www.davidsonengineering.com DE DAVIDSON -NGINEERING Conservation & Coastal Management Element CCME 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... Per Collier County, the native vegetation requirement is 15% of the existing native vegetation, 0.82 acres. 0.82 * .15 = 0.12 acres. The project is proposing to preserve 0.12 acres of wetlands. See Figure 4 within the Environmental Report. Offsite mitigation is proposed to offset wetland impacts. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats... No listed species have been identified on the Subject Property, which is completely surrounded by roadways and development. See Appendix C, Protected Species Survey. A Wood Stork Foraging Analysis and Florida Bonneted Bat Tree Cavity Survey will be provided during permitting, if warranted. Bembridge Emergency Services Complex CFPUD & RPUD P U DA - P L20200000564 August 5, 2020 6 www.davidsonengineering.com BEMBRIDGE EMERGENCY SERVICES COMPLEX U COMMUNITY FACILITIES AND RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY BOARD OF COMMISSONERS And McDowell Housing Partners 601 Brickell Key Drive, Suite 700 Miami, FL 33131 PREPARED BY: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples. FL 34104 EXHIBIT A Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 October 12, 2020 1 TABLE OF CONTENTS PAGE LISTOF EXHIBITS............................................................................................................3 STATEMENT OF COMPLIANCE.....................................................................................4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION............................................5 SECTION II PROJECT DEVELOPMENT REQUIREMENTS.............................................7 SECTION III COMMUNITY FACILITIES AREAS PLAN.................................................409 SECTION IV GENERAL DEVELOPMENT COMMITMENTS........................................4-514 Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 October 12, 2020 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 STATEMENT OF COMPLIANCE The development of approximately 39.82± acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities Planned Unit Development (Bembridge ESC CFPUD and RPUD) shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and implementing land development regulations. The Calusa Park Elementary School and auxiliary school facilities are subject to the Interlocal Agreement adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered consistent with the Growth Management Plan. The land uses of the CFPUD and the RPUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict Land Use Designation and located just north of Activity Center #6 as identified on the Future Land Use Map. Residential uses, government facilities and essential services are permitted within this designation. 2. The subject property is located within the residential density band of Mixed Use Activity Center Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boulevard. As sweh, the subjeet PF9peFty is eligible f9F 3 admi+i...,al H-;.y,iiing units paffe rr,W� The projected density of & 16 DU/A shall be calculated using Tract A-1's total site area of 5.1-acres and is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density (Based on FLUE Density Rating System) 4.0 DU/A Be s Density, ate to an Activity I".,v teF 3.0 Affordable Housing Density Bonus 12.0 DU A Total Permitted Density for Tract "A-1 Residential" 7-.-016.0 DU/A RP D Density (calculated e n d.,.,.,i.,ped peFtien efT.aet A enly) ETA 16.0 DU/A x 5.1-acres = 82 maximum residential units 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity as required in Objective 2 of the Future Land Use Element (FLUE). 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4.5.The project development will result in an efficient and economical extension of community facilities and services. 5-6.All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of the Collier County Land Development Code (LDC). &7.The Bembridge ESC CFPUD and RPUD project is compatible with and complementary to existing and future surround land uses and is considered to be consistent with Policy 5.4 of the FLUE. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bembridge ESC CFPUD and RPUD. 1.2 LEGAL DESCRIPTION The subject property is currently known as the Bembridge PUD, which is approximately 39.82± acres, located in Section 4, Township 50 South, and Range 26 East, and described as follows: The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26 East, Collier County, Florida. Tax Folio Numbers: 00399840007, 00400246406, 00400246309 and 00400248006 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis Boulevard. B. The zoning classification of the subject property prior to the effective date of this approved CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the Board of County Commissioners in 1998 (Ordinance 98-86) for residential and church use with a nursing home. Prior to that date it was designated Agricultural. C. Collier County Public Schools purchased 39.82± acres of the Bembridge PUD in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a 5.998± acre parcel and a 7± acre parcel from the School District of Collier County to build the ESC Center and EMS Station #4r975 and water management lakes. D. The property has received the following approvals: 1. SDP approval for EMS Station #1975 (SDP-2003-AR-4786), May, 2004. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 1.5 PHYSICAL DESCRIPTION The project site is located within the Lely Canal Sub -basin. Run-off from the site is routed to the Davis Boulevard Swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard Swale system along County Barn Road, around the Royal Wood Development to a canal which is tied to the Lely Canal. The current permitted, pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and run-off attenuation to pre -development rates. A water management lake will be constructed by the Collier County Transportation Division on five acres located in the southwest comer of this project, which will serve Santa Barbara Boulevard (6-lanes), residential uses, EMS Station #3-975, and Calusa Park Elementary School. An existing detention lake is located in the central area of the project on the elementary school site. Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415. The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by development of the site. 1.6 PROJECT DESCRIPTION The Bembridge ESC CFPUD and RPUD project is a multi -use project. Major uses consist of residential uses, those related to public safety (emergency medical services), the existing Calusa Park Elementary School and related auxiliary school facilities, and water management facilities which will serve these facilities and Santa Barbara Boulevard. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bembridge ESC Community Facility CFPUD and RPUD Ordinance". Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bembridge ESC CFPUD and RPUD shall be in accordance with the contents of this Document, the CFPUD and RPUD Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply to toe €Tracts "A","A-1" and "B". Tract "C", Calusa Park Elementary School and auxiliary facilities are subject to the Interlocal Agreement between the Collier County School District and Board of County Commissioners adopted in May 2003. B. Unless otherwise noted, the definitions of all terms in this Document have the same meaning as the definitions set forth in Collier County LDC. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bembridge ESC CFPUD and RPUD shall become part of the regulations that govern the manner in which the Bembridge ESC CFPUD and RPUD site shall be developed. D. The provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement (Adopted May 2003), where applicable, remain in full force and effect with respect to the development of the land which comprises the Bembridge ESC CFPUD and RPUD. The Master Plan is illustrated graphically as Exhibit A. The location, size and configuration of the individual water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Section 10.02.03 of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit A, the Master Plan. There shall be twe three land use tracts (Tracts "A","A-1" and "C") with necessary water management lakes, street rights -of -way, the general configuration of which is also illustrated by Exhibit A. Tract "A" represents the future residential AYea and Emergency Management Services building and related facilities. Tract "A-1" represents a future residential area on 3.77-acres and a Master County Pump Station on 1.33-acres, for a total Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 site area of 5.1-acres. Tract "C" represents the existing Calusa Park Elementary School. An additional development tract, Tract "B" represents the lake and Ial(e expansion aFea which wj 4 provides detention for stormwater runoff for this project and the Santa Barbara Boulevard Fead ^*�. B. In addition to the various areas and specific items shown on Exhibit A, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The EMS Station #4-975 shall not exceed 7,000 square feet. Ancillary uses, such as heating, cooling, air conditioning mechanical equipment buildings and radio tower equipment areas, do not count towards this building area allocation. The gross residential project density shall be a maximum of 16.0 units per acre, based upon the undeveleped 199Fti9H total site area of Tract A-1 only, subject to an Affordable Housing Density Bonus Agreement between the Developer and Collier Countv. (16.0 DU/A x 5.1-acres = 82 maximum residential units) 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit A, the Master Plan, constitutes the required PUD development plan. C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD and RPUD as provided in the Collier County LDC, Section 10.02.13. E. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 8 SECTION III COMMUNITY FACILITIES PLAN 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan. 3.2 GENERAL DESCRIPTION The CFPUD and RPUD provides for a maximum of 7,000 square feet of building area for permitted and accessory emergency operations uses, limited to an EMS use, as well as the existing Calusa Park Elementary School and a residential area, on 39.82± acres. Ancillary uses, such as HVAC and radio tower equipment areas, do not count towards this building area allocation. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Educational plants (Tract "C") 2. Emergency medical services (Tract "A") 3. Residential units that are ^ e family and twe family dwellings tev.onheuse dffive"i^^s gaFden apaFtment dwellings, and multi -family dwellings limited to b 16 units per acre on Tract "A-1" only 4. Essential Services, inclusive of a Master County Pump Station (Tract "A-1") B. Uses Accessory to Permitted Uses: 1. Accessory uses and structures customarily associated with the principal uses including carports, garages, and utility buildings for residential uses within Tract A-1. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a principal use. 3. Accessories for residential use such as recreational uses and facilities including swimming pools, tennis courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings/clubhouses, and basketball/shuffle board courts for residential uses within Tract A-1. 4. Temporary use of the site for public purposes in accordance with Section 10.02.06.G. the LDC. 5. Parking facilities (Tract "A"L Tract "A-1" and "Cl. 6. HVAC plants and other like facilities (Tract "A",Tract "A-1" and "C"). 7. Major maintenance and service facilities (Tract "A",Tract "A-1" and "C") Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 9 3.4 COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. Minimum Lot Area: B. Minimum Lot Width: C. Minimum Yards: 1. Principal and Accessory Structures a. Perimeter of CFPUD abutting residentially zoned property b. Perimeter of CFPUD abutting non residentially zoned property. c. Waterfront None required. None required. Fifty (50) feet or % the building height, whichever is greater. Twenty-five (25) feet or % the building height, whichever is greater. Zero (0) feet to bulkhead or rip -rap at top of of Bank, otherwise 20 feet. D. Distance Between Principal Structures on the Same Parcel: A minimum 15 feet or one-half sum of the building heights as measured by the closest exterior building walls, whichever is greater. E. Distance Between Accessory Structures on the Same Parcel: A minimum of 10 feet between detached accessory structures and between accessory structures and principal structures. F. Maximum Building Height 1. Principal buildings shall not exceed 40 feet in height nor 3 stories, whichever is less. 2. Accessory structures shall not exceed 30 feet in height. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 10 3.5 RESIDENTIAL USE DEVELOPMENT STANDARDS A. Minimum Yards: 1. Yards along Santa Barbara Boulevard: Seventy 0rFift 50 feet fer one (` and two (" steFy struratures -and ene hundred fifty (150) feet fA-.r three SAAry S461etuFes. 2. Yards from on -site lakes: twenty (20) feet 3. Yards for internal tracts (principal structures): Front - 30 feet or half the building height Side / Rear— 20 feet 4. Yards for internal tracts (accessory structures): Frnnt - in faat Side/Rear - 5 feet B. Minimum Floor Area (residential units): 1. One bedroom units - six hundred (600) square feet. 2. Two bedroom units - eight hundred fifty (850) square feet. 3. Three bedroom units - eleven hundred (1100) square feet. 4. Four bedroom units - one thousand three hundred fifty (1350) square feet. C. Distance Between Principal Structures: 1. Between one (1) story structures - Ten (10) feet. 2. Between one (1) story and two (2) story structures - Fifteen (15) feet. 3. Between one (1) story and three (3) story structures - Twenty (20) feet. 4. Between two (2) story structures - Twenty (20) feet. 5. Between two (2) story and three (3) story structures - Twenty-five (25) feet. 6. Between three (3) story structures - thirty (30) feet. 7. Principal to accessory structures — ten (10) feet. D. Maximum Building Height: 1. Principal buildings shall not exceed 40 feet in height or 3 stories, whichever is less. 2. Accessory structures shall not exceed the height restrictions of the LDC. 3.6 PROVISIONS FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with "clear and fill" application requirements pursuant to Subsection 4.06.04.A.1.a.iii of the LDC. Off -site removal shall be limited to 10% of the total Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 11 volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County Code of Laws and Ordinances. B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply. 3.7 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground cover berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms -vertical B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary subdivision plat and site development plan submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier County Community Development and Environmental Services (CDES) for approval prior to construction. C. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the LDC. D. A 15' Type "D" buffer shall be provided along Santa Barbara Boulevard for the portion of Tract "A-1" that is developed with residential uses. 3.8 DESIGN GUIDELINES AND STANDARDS The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land as set forth in Section 2.03.06. of the LDC. 3.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD. General permitted uses are those uses which generally serve the facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03 of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 12 5. Temporary construction and administrative offices for authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.10 SIGNAGE All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement of May 2003. Two entry signs for the Calusa Park Elementary School shall be permitted, if one is a marquee sign (see 4F 4.12.1). 3.11 SIDEWALKS/BIKEPATHS A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal sidewalk shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way when located within a separate sidewalk easement. 3. Sidewalks maybe located within landscape buffers and/or easements. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 13 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Bembridge Emergency Services Complex CFPUD. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject to the requirements in Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer, is bound by the commitments within this Document. 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) 4.3 CFPUD MASTER PLAN A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 14 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 Collier County. 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 their/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 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. 4.5 ENGINEERING A. All project development shall be consistent with the LDC. 4.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be amended. B. Upon completion of the utility facilities, the facilities shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. 4.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to approval of the site development plan. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval. 4.8 ENVIRONMENTAL A. A minimum of sixty (60) thirty 30 percent open space of the PUD's gross area ^{ the Site that ;s develeped {^F Fesidential ^ as described in Section 4.02.01.13.2. of the LDC, shall be provided. Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 15 B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to the Department of Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP and the Collier County LDC in effect at the time of final development order approval. D. Environmental permitting shall be in accordance with the State of Florida Environmental Resource. Permit Rules and be subject to review and approval by the Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. E. All approved agency (SFWMD, ACOE, FPWCC) permits shall be submitted prior to final plan/construction plan approval. F. The preservation requirement for Tract "A-1" shall be 15% of the existing native vegetation on -site and can be provided off -site per LDC Section 3.05.07 H.f.iii. (0.82-acres x 15% = 0.12- acres required) 4.9 TRANSPORTATION D-. The bicyclists development shall be designed to promote the safe travell A-f all readway users including fA-.r the Sidewalks and shall previde safety of pedestrians crossing said readways. shall practices, be separated fro—rn ve—hicular traffic in v.gith re-r-egnized standards and safe -accerdance s doter .n d by Collier County Transportation Services Staff. A. The maximum total daily trip generation for `Tract A-1 Residential' shall not exceed 50 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." Bembridge Emergency Services Complex CFPUD & RPUD PUDA-20200000564 October 12, 2020 `[: 4.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure, except for a construction site administrative office. 4.4-211 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC in effect at time of building permit application. 4.1312 DEVIATIONS FROM LAND DEVELOPMENT CODE A. n +• khd F_ 1. Subsection 5.06.00 the LDC — Signs Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign. 2. Deviation #2 seeks relief from LDC section 4.06.02 C.4., "Type D Landscape Buffer," which requires a 20-foot Type "D" landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1- Residential" along Santa Barbara Boulevard. 3. Deviation #3 seeks relief from LDC Section 4.06.02 C., "Landscape Buffers," which requires a 15' Type'B' buffer between multi -family residential and a community facility, to instead allow a 7' Type 'B' buffer along the eastern property line of Tract "A-1-Residential". 4. Deviation #4 seeks relief from LDC Section 4.05.04. G., "Parking Space Requirements," which requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and accessory recreational facilities for multi -family protects, to instead require a total of four (4) parking spaces for the office/clubhouse and no additional parking spaces for the accessory recreational facilities on Tract "A-1". 5. Deviation #5 seeks relief from LDC Section 4.06.02. CA., "Type D Landscape Buffer," which requires a 20-foot Type'D' landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 10-foot wide Type 'D' buffer along Santa Barbara Boulevard and along the Roadway Easement for Tract B. 6. Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit 'A', "Off -Street Parking Design Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or greater in width, to instead allow vehicular overhang into the 7' Type 'B' buffer along the eastern boundary of Tract "A-1-Residential". 4.13 AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, the Developer has agreed to construct 13 rental units for residents in or below the very low income category (50% or less of the County median income), 50 rental units for residents in the low income category (51 to 60% of the County median income) and 19 rental units for residents in the low to moderate income category (61 to 80% of the County median income). Bembridge Emergency Services Complex CFPUD & RPUD P U DA-20200000564 October 12, 2020 17 ZONING: BERKSHIRE LAKES PUD LAND USE: GOLF COURSE/RESIDENTIAL SANTA BARBARA BL VD (I60'PUBLIC RIGHT-OF-WAY) 15' TYPE "D" LANDSCAPE BUFFER 10'TYPE"D"LANDSCAPE BUFFER 5 — PUD PARCEL BOUNDARY BOUNDARY "TRACT A" ZONING: SHOPPES AT SANTA BARBARA PUD LAND USE: VACANT COMMERCIAL PEDESTRIAN INTERCONNECT ZONING: NEW HOPE MPUD LAND USE: RESIDENTIAL IEMS STATION ROADWAY EASEMENT O.R. BOOK 1701, PAGE 600-601 1�� 10'TYPE "D" LANDSCAPE BUFFER I�PARCEL BOUNDARY RIGHT -IN / RIGHT -OUT — 15TYPE "D" LANDSCAPE BUFFER "TRACT "TRACT A-1" A-� �� RESIDENTIAL PEDESTRIAN INTERCONNECT •• COUNTY PUMP ZONING: SANTA BARBARA STATION 0.12 ACRE PRESERVE LANDINGS RPUD LAND USE: PRESERVE "TRACT B" EXISTING LAKE 15'TYPE "B" LANDSCAPE BUFFER 11 ZONING: PLANTATION PUD 16 TYPE "B" LANDSCAPE BUFFER "TRACT C" LAND USE: RESIDENTIAL I CALUSA PARK ELEMENTARY SCHOOL PUD BOUNDARY 15'TYPE "B" LANDSCAPE BUFFER PUD �— BOUNDARY ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL REVISIONS 1. REV. PER CC RAI COMMENTS - 7/13/2020 2. REV. PER CC RAI COMMENTS - 8/24/2020 3. REV. PER CC RAI COMMENTS - 10/12/2020 (D o 62.5 125 250 SCALE IN FEET c8 PLANNING NOTES: OPEN SPACE SUMMARY CURRENT ZONING: BEMBRIDGE EMERGENCY SERVICES COMPLEX CFPUD AND RPUD REQUIRED OPEN SPACE (39.82 AC X 30% = 11.95 AC) PROPOSED ZONING: BEMBRIDGE EMERGENCY SERVICES COMPLEX CFPUD AND RPUD OPEN SPACE TO BE DETERMINED AT TIME OF SDP PERMITTING. CURRENT LAND USE: COMMUNITY FACILITIES/ESSENTIAL SERVICES/WATER MANAGEMENT PROPOSED LAND USE: COMMUNITY FACILITIES/ESSENTIAL SERVICES/WATER MANAGEMENT/RESIDENTIAL FUTURE LAND USE: URBAN RESIDENTIAL SUBDISTRICT MAXIMUM DEVELOPMENT INTENSITY: TRACT A (EMS STATION): 7,000 SF FOR PRINCIPAL STRUCTURE TRACT A-1 (RESIDENTIAL): 82 RESIDENTIAL UNITS NOTE: REMAINING TRACTS ARE NOT SUBJECT TO A MAXIMUM DEVELOPMENT INTENSITY PRESERVE CALCULATION (TRACT'A-1'): 15% OF EXISTING NATIVE VEGETATION = 0.15 " 0.82 AC = 0.12 AC PER LDC SECTION 3.05.07 H.f.iii., PRESERVE REQUIREMENT MAY BE PROVIDED OFF -SITE. DEVIATIONS 1� SUBSECTION 5.06.00 THE LDC - SIGNS DEVIATION FROM SUBSECTION 5.06.06.C.1 OF THE LDC, WHICH LIMITS THE NUMBER OF SIGNS TO ONE GROUND SIGN OR ONE POLE SIGN. CALUSA PARK ELEMENTARY SCHOOL SHALL BE PERMITTED TWO ENTRY SIGNS BUFFER," WHICH REQUIRES A 20-FOOT TYPE 'D' LANDSCAPE BUFFER ALONG RIGHTS -OF -WAY FOR DEVELOPMENTS OF 15 ACRES OR MORE, TO INSTEAD ALLOW A 10-FOOT WIDE TYPE 'D' BUFFER ALONG SANTA BARBARA BOULEVARD AND ALONG THE WITH ONE BEING A MARQUEE SIGN. ROADWAY EASEMENT FOR TRACT B. 2DEVIATION #2 SEEKS RELIEF FROM LDC SECTION 4.06.02 C.4., "TYPE D LANDSCAPE 6DEVIATION #6 SEEKS RELIEF FROM LDC SECTION 4.05.02 EXHIBIT 'A', "OFF-STREET BUFFER," WHICH REQUIRES A 20-FOOT TYPE "D" LANDSCAPE BUFFER ALONG PARKING DESIGN STANDARDS," WHICH PERMITS A 2' VEHICULAR OVERHANG INTO ANY RIGHTS -OF -WAY FOR DEVELOPMENTS OF 15 ACRES OR MORE, TO INSTEAD ALLOW A LANDSCAPE BUFFER THAT IS 10' OR GREATER IN WIDTH, TO INSTEAD ALLOW 15-FOOT WIDE TYPE "D" BUFFER ON TRACTS "A" AND "A-1-RESIDENTIAL" ALONG VEHICULAR OVERHANG INTO THE 7' TYPE 'B' BUFFER ALONG THE EASTERN BOUNDARY SANTA BARBARA BOULEVARD. OF TRACT "A-1-RESIDENTIAL". 3�. DEVIATION #3 SEEKS RELIEF FROM LDC SECTION 4.06.02 C.2., "TYPE B LANDSCAPE BUFFER," WHICH REQUIRES A 15' TYPE 'B' BUFFER BETWEEN MULTI -FAMILY RESIDENTIAL AND A COMMUNITY FACILITY, TO INSTEAD ALLOW A 7' TYPE 'B' BUFFER ALONG THE EASTERN PROPERTY LINE OF TRACT "A-1-RESIDENTIAL" �4. DEVIATION #4 SEEKS RELIEF FROM LDC SECTION 4.05.04. G_, "PARKING SPACE REQUIREMENTS," WHICH REQUIRES PARKING SPACES FOR OFFICES/CLUBHOUSES TO BE PARKED AT 50% NORMAL REQUIREMENTS AND ACCESSORY RECREATIONAL FACILITIES FOR MULTI -FAMILY PROJECTS, TO INSTEAD REQUIRE A TOTAL OF FOUR (4) PARKING SPACES FOR THE OFFICE/CLUBHOUSE AND NO ADDITIONAL PARKING SPACES FOR THE ACCESSORY RECREATIONAL FACILITIES ON TRACT "A-1". 5� DEVIATION #5 SEEKS RELIEF FROM LDC SECTION 4.06.02. C.4., "TYPE D LANDSCAPE REVISIONS 1. REV. PER CC RAI COMMENTS - 7/13/2020 2. REV. PER CC RAI COMMENTS - 8/24/2020 3. REV. PER CC RAI COMMENTS - 10/12/2020 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of. , 2020, by and between McDowell Housing Partners, LLC (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties". RECITALS: A. The Developer is the contract purchaser of a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property") It is the Developer's intent to construct a maximum of 82 residential units (the "Units") at a density of 16 units per gross acre on the Property The gross acreage of Property is 5_1 acres. The number of affordable Units constructed by Developer shall be 82, representing 100% percent of the total number of residential Units approved in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Page 1 of 26 Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of 61.32 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 12 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that he shall construct 82 affordable Units which Units shall be sold or rented in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, and C, and Appendix C, and attached hereto. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series Page 2 of 26 of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner/Renter. Family income eligibility is a three -step process: 1) submittal of an application by a prospective Owner/Renter; 2) verification of family housing unit provided under the affordable density bonus program prior to being qualified at the appropriate level of income (low or moderate income) in accordance with this Section; 3) certification of eligible Owner/Renter by the Community and Human Services Division. The Developer shall be responsible for qualifying Owners/Renters by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to Community and Human Services Division. Qualification by the Developer of any persons as an eligible Owner/Renter family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC§§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner/renter shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of owning/renting and occupying an affordable housing unit pursuant to the affordable Page 3 of 26 housing density bonus program. The Preliminary Application for affordable housing unit shall be provided by Collier County Community and Human Services Division as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing unit in the development shall be sold/rented whose household income has not been verified and certified in accordance with this Agreement and LDC§ 2.06.05. (c) Income Verification The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for an affordable housing unit and Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as eligible to Page 4 of 26 occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Community and Human Services Division upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Community and Human Services Division an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the Community and Human Services Division within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No affordable unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4 units per acre, and is therefore granted a density bonus of 12 density bonus units per acre, for a total density (total = density bonus units per acre X Page 5 of 26 gross acreage) of 16 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of 82 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Community and Human Services Division or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Division or by any other persons pursuant to the authority which is delegated to them by LDC § 2.06.00. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed bylaw. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return- receipt requested U.S. Mail, or hand -delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. Page 6 of 26 C. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC§ 2.06.00, asamended. 6. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission , which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: Page 7 of 26 To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail Building H, Suite 211 Naples, Florida 34112 To the Developer: McDowell Housing Partners, LLC 601 Brickell Key Drive, Suite 700 Miami, FL 33131 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder 10. Indemnify The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall Page 8 of 26 look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2 06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties 16. Discrimination a. The Developer agrees that neither it nor its agents shall discriminate against any owner/renters or potential owner/renters because of said owners/renters race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. C. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. d. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. e. The square footage, construction and design of the affordable, and gap housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Appendix C, shall be the Page 9 of 26 same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Appendix C, shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 100% percent affordable housing units for this project, with 100% percent of the units in each phase consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer, renter, or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Page 10 of 26 Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: CRYSTAL K. KINZEL, Clerk , DEPUTY CLERK Approved as to form and legality: BOARD OFCOUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: BURT L. SAUNDERS, CHAIRMAN Jennifer A. Belpedio, Assistant County Attorney Page 11 of 26 DEVELOPER: Witnesses: M Witness Printed Name Witness Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 2020, by Such person(s) Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced Notary Public Printed Name of Notary: Commission Number: My Commission Expires: as identification. Page 12 of 26 E N O co 0 0 N 0 0 E a X W O+ 3 0 co N ID ID i 0 0 I N N 0 0 i (n N89°36'57"E 60.00' I POINT OF Xx COMMENCEMENT WEST 1/4 CORNER OF SECTION 4 POINT OF BEGINNING w N O �o O N O N89°36'5 1-11I 343.47 WEST LINE OF THE SW 1 /4 OF SECTION 4� I N O O 5.11 ACRES, +/— (0 o in 0 z w o 0 0 O 07 I' 1-1� S89`40'03"W 0 60' 120' 40.00' SCALE IN FEET LEGEND: � �_ R/W = RIGHT—OF—WAY o, 00 S89°43'08"W 300.65' I z DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N.89°36'57"E. 60.00 FEET TO THE EAST RIGHT OF WAY LINE OF SANTA BARBARA BOULEVARD; THENCE S.00°14'52"E. ALONG SAID EAST RIGHT OF WAY LINE 120.00 FEET TO THE POINT OF BEGINNING; THENCE N.89°36'57"E. 343.47 FEET; THENCE S.00°00'12"E. 660.04 FEET; THENCE S.89°43'08"W. 300.65 FEET; THENCE N.00°14'52"W. 81.70 FEET; THENCE S.89°40'03"W. 40.00 FEET; THENCE N.00°14'52"W. 577.76 FEET TO THE POINT OF BEGINNING. CONTAINING 222,399 SQUARE FEET OR 5.11 ACRES, MORE OR LESS. NOTES: 1. THIS IS NOT A SURVEY. 2. BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 4, AS BEING N. 00°14'52" W. 3. SUBJECT TO EASEMENTS, RESERVATIONS AND RESTRICTIONS OF RECORD. ENGINEERING NAPLES, FLORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. #642 & L.B. #642 CERTIFICATION: Barry E. Syren (For the Firm 1-13#642) Professional Land Surveyor Florida Certificate No. 5365 Date Signed: --- __ Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper SKETCH AND DESCRIPTION 3/2007 120066278-071 18-49-26 11" = 120' I 1 OF 1 Page 13 of 26 APPENDIX A, EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS Of the 82 units proposed, 13 will be restricted to Owner(s)/Renter(s) earning less than 50% AMI (very low income), 50 will be restricted to tenants earning between 51 % AMI to 60% AMI (low income), and the remaining 19 units will be restricted to tenants earning between 61 % AMI to 80% AMI (low to moderate income). For rent and income levels, please see Appendix A, Exhibit C. (1) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 5.1-acres (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00 12 units. (4) Gross residential density of this development (including affordable housing density bonus units) 16 units/acre. (5) Percentage of affordable housing units pledged by the developer (as a percent of the total number units in the development) 100% Page 14 of 26 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for very low, low, moderate, and gap income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonuses which may be granted for a development based on household income level , type of affordable housing units (owner -occupied or rental, single-family or multi -family, where applicable and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Table A, below, shall be used. Table A shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (very low, low, or moderate) of the affordable housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of that type of affordable housing unit(s) proposed in the development compared to the total number of dwelling units in the development. From this determination, Table A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. In no event shall the affordable housing density bonus exceed twelve (12) dwelling units per gross acre. Page 15 of 26 APPENDIX A. EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Grass Acre) Maximurn Allowable Density Bonus by Percent of Development Designated as Affordable Housing Product (% of Mk) 10% 20% 30% 40% 50% � 60% 70% 80% 90% 100% Gap (>120—<140} 5 1 2 3 4 5 6 7 a n/a n/a Moderate (>$0—_<120) a 2 4 5 6 7 8 9 10 11 12 Low (>50—s80) 3 6 7 8 9 10 11 12 12 12 Very -Low (!c%) 7 8 9 10 r 11 12 12 12 12 12 ' Total Allowable Density = Base Density + Affordable Housing Density Bonus. In no event shall the maximum gross density exceed that which is allowed pursuant to the GMP. 2 Developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1/10 of a residential dwelling unit per gross acre for each additional percentage of affordable housing units in the development. 3 Where more than one type of affordable housing unit (based on level of income shown above) is proposed for a development , the AHDB for each type shall be calculated separately. After the AHDB calculations for each type of affordable housing unit have been completed, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed 12 dwelling units per gross acre. 'Owner -occupied only. 5 May only be used in conjunction with at least 20% at or below 120% MI Page 16 of 26 APPENDIX A. EXHIBIT C INCOME AND RENT LEVELS FOR THE VERY LOW, LOW AND MODERATE INCOME. Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances, moderate income is 61 % to 80% of the median income, low income is 51 % to 60% of the median income and very low income is less than 50% of the median Income. RECOMMENDED RENTAL RATES The Low -Income Rental Housing Tax Credit (LIHTC) rents utilized by The Florida Housing Finance Corporation (FHFC) are calculated based on HUD's income limits. See income levels for 2020 below, followed by the rental rates applicable to this project. To calculate net rents, an utility allowance must be applied. The allowance is estimated based on an energy consumption study completed by a third -party consultant and approved by FHFC. COLLIER COUNTY MEDIAN INCOME 2020 County Metro Percentage Category Income Limit by Number of Persons in Household 1t3295O 3 4 5 6 7 9 9 10 Collier County 3D% 17.300 22.254 26,200 30,690 35,160 39.640 �1.120 Re' r lu HUD tNia0es•Immakalee-Ma= Isbnd M 50% 28,851 37.050 41,150 44,450 47,750 51,050 54.350 57.61D 50,9D2 8D% 46.100 52.700 59.300 65.&50 71,150 76.400 a1,700 86.9$O 92.176 97,443 hlecen. 82.300 120% 69,240 79.080 98.920 KM 106.680 114M(l 122,5N 130.440 139.264 146.165 14096 1 80.780 1 92.260 1103.740 1115MO 1124.460 1133.700 1142.940 1152.180 11613C8 1170.525 RENTAL RATES BASED ON 30% AMI, 60%AMI and 80%AMI 1BR 2BR 3BR 30% AMI $463 $555 $642 60% AMI $927 $1,111 $1,284 80% AMI $1,236 $1,482 $1,712 ESTIMATED UTILITY ALLOWANCES IN COLLIER COUNTY 1BR: $131 2BR: $146 and 3BR: $161 Page 17 of 26 APPENDIX B. EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT (DRAFT) Date Occupancy Desired: Date ofApplication: Amt. Of Sec. Deposit: Your Name: Race/National Origin: Handicap: Yes_ No_ Co -Tenant Name Race/National Origin: Handicap: Yes_ No Present Address: Street City State Zip Telephone No. Name of Landlord How Long atthis Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address andTelephone No. How long with Present Employer: Job Title Gross Salary: Hourly$_ Weekly$_ Every 2 Weeks$ Monthly$ Page 18 of 26 Social Security Number Birth Date Previous Employers Name Address andTelephone No. How long with Previous Employer Job Title CO -TENANT: Present Employers Name _ Address andTelephone No. How long with Present Employer: Job Title Gross Salary: Hourly$_ Weekly$ Every 2 Weeks $ Monthly$ Social Security Number Birth Date Previous Employers Name Address andTelephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 2. 3. SOCIAL SECURITY PERSONAL REFERENCES (Not Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 19 of 26 APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION (DRAFT) Date: Applicant's Name: Social Security Number Co -Tenant's Name:: Social SecurityNumber Present Address: Street city state I hereby make application for a single familyunit at I hereby declare and reveal all of my sources of income. Zip Telephone No. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable, workforce, or gap housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Amount Frequency Received of Pay Co-Occullant Amount Frequency Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman' s Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $__ $ Union Pension $ $ $ $ Page 20 of 26 Self -Employment Business, Silent Partner, etc. $ Private Insurance Pension $ TOTAL ANNUAL INCOME THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. Page 21 of 26 APPENDIX B. EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION (DRAFT) APPLICANT: Present Employer: Job Title: Address: Street City State Zip hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 2020, by Such person(s) Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced as identification. Notary Public Printed Name of Notary: Commission Number: My Commission Expires: Page 22 of 26 EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: Number of Hours Worked (Weekly):_ . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of , 2020, by Such person(s) Notary Public must check applicable box: (Notary Seal) ❑ are personally known to me. ❑ produced her current driver license. ❑ produced as identification. Notary Public Printed Name of Notary: Commission Number: _ My Commission Expires: Page 23 of 26 APPENDIXC DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County Community and Human Services Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; Bembridge Emergency Services Complex CFPUD & RPUD 2. Has an application for rezoning been requested in conjunction with the affordable housing density bonus process? Yes No If yes, state date of application PUDA filed 6.24.2020.and if the request has been approved, state the Ordinance number N/A 3. Gross density of the proposed development. 16 units/ acre Gross acreage of the proposed development. 5.1- acres 4. Are affordable -workforce housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? Yes x No. If yes, please state name and location of the PUD and any other identifying information. Bembridge Emergency Services Complex CFPUD & RPUD 5. Name of applicant: Jessica Harrelson, AICP, Davidson Engineering,Inc. Name of land developer if not the same as Applicant: McDowell Housing Partners, LLC Page 24 of 26 6. Please state the number of units that will be rental and owner occupied, number of affordable housing units, and number of bedrooms the units will have. All 82 units will be renter occupied. See detailed unit mix below: 1BR @ 30% AMI: 4 1 BR @ 60%AMI: 14 1 BR @ 80% AMI: 4 2BR @ 30% AMI: 7 2BR @ 60% AMI: 29 2BR @ 80% AMI: 12 3BR @ 30% AMI: 2 3BR @ 60% AMI: 7 3BR @ 80% AMI: 3 7. Please provide a physical description of the affordable units by type of unit (very low income, low income , moderate income, gap income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher , stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. As shown above, the project will have 13 very low income units (50% AMI and below), 50 low income units (51 % to 60% AMI) and 19 low to moderate income units (61 % to 80% AMI). The unit size will be the following: 1BR — 700 SF, 2BR — 994 SF to 1,065 SF (corner unit) and 3BR — 1,336 SF. Units will feature solid surface countertops; plywood cabinets; ceramic and/or luxury vinyl tile flooring; impact windows, full-size energy star appliances including range, refrigerator microwave, and dishwasher; washer/dryer hookups in every unit; and LED lighting throughout. Project amenities will include a clubhouse (computer lab, billiards or ping-pong table, gathering room with media), fitness center and large heated pool. Page 25 of 26 8. Please supply any other information which would reasonably be needed to address this request for an affordable, workforce, and gap housing density bonus for this development. Attach additional pages if needed. N/A Page 26 of 26 DE DAVIDSON E N G I N E E R I N G BEMBRIDGE EMERGENCY SERVICES COMPLEX DEVIATION JUSTIFICATIONS Deviation #2 seeks relief from LDC section 4.06.02 CA, "Type D Landscape Buffer," which requires a 20-foot Type "D" landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1- Residential" along Santa Barbara Boulevard. Justification: The existing EMS Station site, located on Tract A of the PUD, has an existing 15' Type D buffer to remain. This deviation request will solidify the existing 15' Type D buffer on the EMS Station's site and allow Tract A-1 to provide the same buffer for consistency. In addition, the existing water management lake and required lake maintenance easement, located on Tract B, creates development restraints on Tract A-1 and a 20' Type 'D' buffer requirement would further reduce developable area and restrict on -site circulation needed for emergency services. The request for a reduction in width does not result in any negative impacts to the surrounding area. All required plant material will still be installed within the proposed 15' Type 'D' Landscape Buffer. Deviation #3 seeks relief from LDC Section 4.06.02 C.2., "Type B Landscape Buffer," which requires a 15' Type 'B' buffer between multi -family residential and a community facility, to instead allow a 7' Type 'B' buffer along the eastern property line of Tract "A-1-Residential". Justification: The existing water management lake and required lake maintenance easements, located within Tract B, creates development restraints for Tract "A-1 Residential", therefore, a reduction in the required buffer width is being requested. In addition, the reduction in width of the landscape buffer will allow the site to be to be designed/constructed to accommodate emergency service vehicles to easily circulate the site. A 7' Type B buffer provides sufficient width for plant materials to be installed and does not create a negative impact to the surrounding area. Deviation #4 seeks relief from LDC Section 4.05.04. G., "Parking Space Requirements," which requires parking spaces for offices/clubhouses to be parked at 50% normal requirements and accessory recreational facilities for multi -family projects, to instead require a total of four (4) parking spaces for the office/clubhouse and no additional parking spaces for the accessory recreational facilities on Tract "A-1". Bembridge Emergency Services Complex CPUD & RPUD PUDA- PL20200000564 Deviation Justifications October 12, 2020 Firm DAVIDSON E R I N G Justification: Per the actual parking demand, a total of four (4) parking spaces is sufficient for the offic%lubhouse component of the proposed affordable housing development. Additional parking for the accessory recreational facilities is not needed due to the small size of the site (3.77-acres) and the compact design of the project. Sidewalks will be provided throughout, making the project a walkable/pedestrian friendly community. Parking requirements for the dwelling units will be met, as required by the Collier County Land Development Code. Deviation #5 seeks relief from LDC Section 4.06.02. CA., "Type D Landscape Buffer," which requires a 20-foot Type 'D' landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 10-foot wide Type 'D' buffer along Santa Barbara Boulevard and along the Roadway Easement for Tract B. Justification: The above requested deviation is to solidify existing conditions along the western and southern PUD boundaries for Tract a (Lake Tract) and is consistent with the approved plans for the water management lake. Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit 'A', "Off -Street Parking Design Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or greater in width, to instead allow vehicular overhang into the 7' Type 'B' buffer along the eastern boundary of Tract "A-1-Residential". Justification: Through coordination with South Florida Water Management District, on - site pavement/impervious areas for the proposed affordable housing development have been reduced to the extent possible. To create a site plan that is designed with more green space, parking spaces abutting the eastern buffer are being planned at 16' in length rather than 18'. Providing parking spaces at this length prevents the opportunity to provide wheel stops, which would prevent vehicular overhang into the 7' Type '8' landscape buffer. There are no negative impacts created by this deviation request. Bembridge Emergency Services Complex CPUD & RPUD PUDA- PL20200000564 Deviation Justifications October 12, 2020 Co er Count y 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: PUDA Date and Time: Wednesday, April 1 Cad 9:00 AM Assigned Planner: Tim Finn ` Engineering Manager (for PPL's and FP's): Project Information Project Name: Bembridge PL #: 20200000564 Property ID #: 400246406 Current Zoning: PUD Project Address: City: State: Zip: Applicant: Davidson Engineering Agent Name: Jessica Harrelson Phone: (239) 434-6060 Agent/Firm Address:4365 Radio Road, Suite 201 City: Naples State: FL Zip: 34104 Property Owner: Collier County C/O Real Property Management Please provide the following, if applicable: i. Total Acreage: 5.11 acres ii. Proposed # of Residential Units: 82 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: Ord 05-46 vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page I 1 of 5 ClarkeThomas From: FinnTimothy Sent: Wednesday, April 01, 2020 11:30 AM To: ClarkeThomas Subject: Pre-app Bembridge PUDA Attachments: Res 2018-40 Expedited Permitting.pdf Hi Thomas, The following are the zoning comments: /t/G -e-S 1. Strikethru/underline of entire PUD including a revised Master Plan 2. Per Resolution 18-40 please make sure that upon the first submittal that Intake Dept has all reviews set at 15 days, Resolution attached to email — SE M ATtAchED RE S t95-WO Timothy Finn, AICP Principal Planner Im COLVer C01414ty Zoning Division NOTE: New Email Address as of 1210912017: Timothy. Finn @colliercountyfl.Qov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZonins. 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. 1 Q` 1.6 - RESOLUTION NO.18 - 4 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2007- 176, AMENDING THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING. RECITALS WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of affordable housing to its workers and residents, encourage the retention of affordable -workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable- housing by adoption of certain Goals, Objectives and Policies in the County's Growth Management Plan (GMP); and WHEREAS, the intent of Goal 1 of the GMP's Housing Element is to create an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to "Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very -low, low, moderate and gap incomes, including households with special needs such as rural and farmworker housing in rural Collier County; and WHEREAS, in order to address the housing needs of low, moderate, and gap income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires the County and the City of Naples to review its existing permit process system in an effort to reduce the processing time and cost [ 18-GRC-O D66111392679/ I J 1.M of affordable housing and continue to identify areas that can be streamlined; and WHEREAS, in order to comply with State law, the Board of County Commissioners through Resolution No 2007-176 adopted as its policy, specific procedures for expediting the review of development orders for affordable housing qualified projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to improve the benefit to providers of affordable housing serving families with 140% or below median household income levels, and to make the program consistent with other affordable housing programs administered by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution2007-176. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing expedited review policy, as amended, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose of this Program is to establish procedures to allow for expedited reviews of all development orders qualifying as affordable housing so as to create more affordable housing and comply with State law. The expedited review process for qualified development orders is not intended to otherwise modify or alter existing procedural standards for reviewing development orders, including those that do not qualify for affordable housing. B. Applicability: These procedures apply to the review of all qualified development orders for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for the expedited review process, the applicant for a proposed development ordermust: 1. Specifically request affordable housing expedited review project [ 18-G RC-00661/1392679111 status as part of an application for a County development order, as defined in Sec. 163.3164 (7), F.S., including but not limited to: Rezone petitions, including those for Planned Unit Development (PUD) districts, Conditional Use, Site Development Plans, Subdivision Plats, and Building Permits, including but not limited to their corresponding zoning, engineering, environmental, transportation, building, and fire code reviews; and 2. Construct an affordable housing project that contains a minimum of twenty percent (20%) of the total number of approved units as approved affordable housing in the 140% or below of household medium income category; and 3. Include a certificate issued by the Collier County Community and Human Services Division stating that the affordable housing project has qualified for expedited review status by meeting the criteria as outlined in this Resolution. C. Affordable Housing Expedited Review Procedures. 1. Affordable housing review qualification meeting and Certificate. Prior to the pre -application meeting process and an application for a development order being submitted to Collier County for the expedited review process, the applicants or agents must attend a qualification meeting with Collier County Community and Human Services. To qualify, the applicant or agent must demonstrate how the project will comply with paragraph B above. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. 2. Affordable Pre -application meeting. A pre -application meeting is required prior to a development order application being submitted under this expedited review process. 3 Submittal of affordable expedited review Development Order Application. Once qualified, an application for a development order, including an approved copy of the certificate of affordable housing for expedited review issued [i Bd3RC-00661/1392679/11 by Collier County Community and Human Services, must be submitted to the County for expedited review within nine (9) months fi-om date of issuance of the certificate. If not timely submitted, the applicant must apply to be re -qualified as set forth above. 4. Affordable housing expedited review time line for application sufficiency. Complete development order application submittal packages, once time - stamped by the Growth Management Department will receive an expedited sufficiency review as set forth below. a. The Growth Management Department, will review the submittal package and determine it to be "complete" or "incomplete" after sufficiency review. b. To be considered "complete" an application submittal package for a Zoning, Engineering and/or Environmental Section type petition must include the following: all items checked off on pre -application meeting notes (i.e., application and review fees, addressing checklist, and any additional information requested and noted during the pre -application meeting, and any other information noted as a required). To be considered "complete" an application submittal package for the Building Permit Section must include all items checked off on the application checklist noted as required (i.e. survey, truss drawings, energy calculations, and any other information noted asrequired). C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant noting the deficiencies and the applicant will be directed to reapply. With each subsequent submittal, the Growth Management Department will determine an application package to be "complete" or "incomplete" after sufficiency review d. Once an application package is deemed "complete" it will have all necessary data entered into the computer project -tracking program noting the project as an "affordable housing" and an expedited review route sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency review to determine submittal as "complete". [18-GRC-00661/1392679/11 a. Expedited review times for affordable projects. Review of any development order with an expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred and twenty (120) business days for petition types such as Rezone and/or Conditional Use requests, sixty (60) business days for petition types such as Subdivision Plats and/or Site Development Plan requests, or seventy-five (75) days for residential Building Permit requests from date of distribution for staff review. b. To ensure that expedited review applications move through the review process in a timely manner, all re -submittal packages and plan corrections must be provided to the County by the applicant within fifteen (15) business days measured from the date of staffs review comment letter created at the end of each review cycle. As such, the County's complete 120/6o/75 business day review timeframes will not include any time when the County is waiting for the applicant to re -submit plan corrections based on staffs review comment letter. C. in order to meet the complete expedited review period noted in paragraph 5. a and b. above, review staff must complete their reviews for affordable housing applications within fifteen (15) business days from the distribution date of submittal package for planning petitions (i.e. PUD Rezones or Conditional Use), seven (7) business days from the distribution date of submittal package for site -related petitions (i.e. Subdivision Plats or Site Development Plans), or twenty- five (25) business days from the distribution date of submittal package for Building Permits. d. Resubmittal packages, additional information and/or corrected plans will be reviewed under the same submittal procedures until all of the assigned review departments have approved the development order and final approval is granted by the County Manager or his designee. e. Once an application for a development order has been rejected twice by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County review departments yet to approve the application. The purpose of such a project review meeting will be to reach resolution and allow the [ 18-O RC-0066 I11392679/ 11 application to proceed to public hearings. f. Once all departments have completed reviews for a development order such as but not limited to a site development plan or building permit resulting in an approved status the final approval process shall be completed within three (3) business days (i.e. final typing of permit or approval letter for site development plan). 6. Public Meeting and Hearings. Qualified affordable expedited review projects will be given first priority for scheduling of all meetings including but not limited to pre -application meetings, neighborhood informational (NIM) meetings, project meetings, and public hearings. Note: If an applicant does not respond within the fifteen (15) business days as outlined in paragraph 5.b. above, the County cannot guarantee first priority scheduling. This Resolution adopted after motion, second, and majority vote this � day of February 2018. ATTEST: DWIG ,E: BROG} CLERK qI By: << ofuiplerk Atl6f as to -dig! f � JFI 11v Approved as to form and legality: Jenra'fer`Belpedio Assistant County Atto ey �C�-1` C4 [ 18-GRC-00661 /1392679/1 j BOARD OF O Y CO NERS COLLIE O T By: REW SOLIS, CHAIRMAN Co er County 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 https://www.coIIiergov.net/Home/ShowDocument?id=75093. EljvifbNmEotkL PIEASE ProvA Sup orljj FNViac.i,v,vAAL, DPJA FLUCKS Y1A Llsk,A Species Sura U J4 Ed -No oidEk 44tO I I moolA0pIicA*4' S141E� fhE PHSEIWE S ArE fo bE tAICEN OEF-S►i E. PIECE 2c-QuE4 A deu,Aot J wj+h Svppor'4-:�°) jySA, f, cAA6tj pFV . 05. 07 R f i i i • Am A woe- -Lc, r- 4tiE MA4 Q PIAO iNAICA4:to the Afovai of VQ[SEkk 4,5 tip +AVejo off c, �e . I SJ"la PreSErUF- k 60IRE /VIEAJ+. SEr- ChECL 1*5+ If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(aDnaplesgov.com Allyson Holland AM Holland CQnaplesgov.corn Robin Singer RSingera_naplesgoy.com Erica Martin emartin(@naplesgov.com 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 7/11/2019 Page 1 2 of 5 Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name 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 C2.) 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 Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 OFF SttP 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 3.05.07.13-13; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 QFF- S►�F pro pog A . Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 06. 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 SPrinciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory �1 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 boundaryidentifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New 6 FF-1 •}e Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 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 OFF S 1 fe Q91fthe PUD includes a Preserve Tract section 01 - 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. A. A- 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 the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 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: .AA Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. 2� WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 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. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 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. Provide when treated stormwater is being directed into preserves (#S above). J. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered Provide a survey for listed plants identified in 3.04.03 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 plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed Z .0 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. For sites 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 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. GIdentify 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. a�. Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. a. Demonstrate on map. f F AWI b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 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. 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 (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 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 FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. 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. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 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. 20. 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. 21. 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. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. 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. 24. 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. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. 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. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. 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) 01.E , 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. 26. Is EAC Review (by CCPC) required? i i1 27. PUD master plan or PPUSDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment): 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. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certificate of occupancy. 1. AY Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 µ Landscape: Label buffers on updated Master Plan. 20' Type D buffer along Santa Barabara Blvd. Type B along the East and the South. Type A where abutting Santa Barbara Landings to the North. Will follow up regarding buffer requirement where abutting Plantation to the North. S,Q,a. A lT 4ek cz h N oT es F Qd I�lll�a S'rre...�.Q.ti - IRAutPaa.T�'i W.w Lv%- amid c. CvaF3y Sah�.��i - Co,nG �t4N�.tN� ri&6E 3. ClarkeThomas From: SawyerMichael Sent: Thursday, April 02, 2020 8:09 AM To: ClarkeThomas; Beard Laurie Subject: RE: Pre-App Notes for Bembridge PUDA - PL20020000564 So sorry should have sent after the meeting: Thomas, T2+��SPvn Tr�t�n.� `�I,,�rvrvirvc, IJ�T�S Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: " The maximum total daily trip generation for the PUD shall not exceed two-way PMpeak 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. " Thanks, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(a colliercountyfl gov From: ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, April 1, 2020 4:54 PM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; Beard Laurie <Laurie.Bea rd@colliercountyfl.gov> Subject: Pre-App Notes for Bembridge PUDA - PL20020000564 Hi Mike and Laurie, When you get a chance, shoot me a quick email with your Notes from this morning Pre-App for Bembridge PUDA - PL20020000564 Respectfully, Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2526 NOTE: New Email Address as of 1210912017. 3, A Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning _. mig-c- S jwy,&w_ " 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." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring I3.e,9tiD "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. 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." 3.0. Pre -Application Meeting Notes Provided by: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Subject: Pre -Application Meeting - PL20200000564 - Bembridge PUDA When: Wednesday, April 01, 2020 9:00 AM-10:00 AM Where: Via Tele-Conference - GMD Conference Room C - Planner - Timothy Finn, Zoning Section Subject property is located in: (FLUE provisions follow) 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. Density Rating System 2. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. c. Affordable Housing Bonus: To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to twelve (12) residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended), and if the affordable housing units are targeted for families earning no greater than 140% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of six (6) residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. 3.c No apparent Comprehensive Planning issues; Agent notified of the need to address, as applicable: • Compliance with the FLUE/FLUM Urban Residential Subdistrict and Density Rating System; • Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP consistency clause; LDC compatibility & complementary clause); • Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better Places — Community Character Plan); Identify the source or sources from which bonus dwelling units/density are derived. If these are solely from utilizing the Affordable Housing Bonus, explain justification and rationale for so. Provide a narrative statement and/or data & analysis for the introduction and amount of residential density; If project is proposed solely for market rate rental apartments, make sure data & analysis supports this; or if proposed for market rate and/or affordable rental apartments, and/or market rate and/or affordable for -sale residential units, make sure data & analysis supports these. Revise Conceptual Master Plan, (and elsewhere land uses, acreage figures, etc. need to be revised) in the PUD Document to bring current. Staff notes: Notes from this mtg. have been prepared & are foldered in: GACDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2020 Cycles & Small Scale Petitions\pre-app meetings in 2020\4-01-2020 Bembridge PUDA. These notes will also be/have also been uploaded into CityView and will be/are visible there. 11bcc.colliergov.netldata\GMD-LDSICDES Planning ServiceslComprehensiveTRE-APP. meeting noteslpre-app docsbotes 202014-01-2020 Bembridge PUDA A= 3.W Coiber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20200000564 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david. anthony@colIiercountyfLgov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov L� Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ firic Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 rchard. hen derlong@colliercountyfLgov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bran dy.otero@coIliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard @colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑l James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Ln Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 1 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email r G 1N CVt�.swar,�Ml }¢ultci6�' S- 465 1C 4t4-$0 . ,%vt6SON E.VV T�t4lG+at� Vrl)Sor �vc.�rvaanaNG C&A ffWWTi'-1. s, r 9maif/ T rl c (a rT aG ASS / C.4 f,Du! Cu $t LLo5 �r rt/dieS i• ,ou , 1vvoLV1'ee l� 5 S ,N 1111i tON.V �U.wl�'WI.q+V — rttiw q-lk6L,�&64-- A Updated 7/11/2019 J Page 1 5 of 5 t d' Co Yer COUnty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20200000564 — Bembridge (PUDA) — Tim Finn PRE-APP Assigned Ops Staff: Amanda Martin Jessica Velasco,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Jessica Harrelson, AICP Davidson Engineering, Inc. 239.434.6060 jessica@davidsonengineering.com • Agent to list for PL# Jessica Harrelson, AICP — Davidson Engineering, Inc. • Owner of property (all owners for all parcels) Collier County • Confirm Purpose of Pre-App: (Rezone, etc.) Amendment to the Bembridge PUD (Ordinance 2005-46) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 16 units an acre. Density to be calculated over the entire County -owned parcel of 5.11-acres (pending survey) for ±82 apartments. The southern 1.33-acres of the property will be developed as a County pump station. Base Density — 4 u/a Affordable Housing Density Bonus —12 u/a • Details about Project: The future Bembridge apartments, located on county -owned property along Santa Barbara Boulevard just north of Davis Boulevard, will be an 82-unit apartment community that will serve residents of Collier County earning between 30 and 80 percent of the county's area median income. The community will provide a mix of one, two and three -bedroom apartments and feature a clubhouse, pool, and fitness center, along with various resident services and programs. In July 2019 the BCC through entered into a public/private partnership with McDowell to develop affordable housing on the site. The existing PUD will be amended to upd,gvelopment standards and density for the subject parcel. Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 - w ivwr.colhergov.net REQUIRED Supplemental Information provided by: Name: Jessica Harrelson, AICP Title: Senior Planner Email: jessica@davidsonengineering.com Phone: 239.434.6060 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor dannv.condomina@colliercountvfl Phone: 239-2S2-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoriing Division • 2800 North Horseshoe Drive • Naples, RoWa 34104.239-252-2400 • www.cdiagov.net MCDOWELL +�(JU:iIYh 1'nu i NF fds SANTA BARBARA BLVD. 5, 10 1 1 1( J 1 \I'- m SITE PLAN BEMBRIDGE PUD SANTA BARBARA FAMILY APARTMENTS COLLIER COUNTY, FLORIDA 3-27-2020 Ic. t 1 ~ LIFT• r o LIFT. J TATI N z STORMWATER RETENTION POND li MJGLEBERG MCH ARCHITECTURE. PLANNING. URBAN DESIGN AA26002103 EXISTING SITE AREA: 3.55 Ac PROPOSED SITE AREA: 3.78 Ac (approx.) PROPOSED USE: MULTIFAMILY BUILDINGS A:41 UNITS GHT: 3 STORY UNITS PARKING 1 BED: 22 1+.75 = 39 2 BED: 48 1+ 1 = 96 3 BED: 12 1 + 1 = 24 TOT: 82 159 ARKING PROVIDED 169 SPACES N -4 SCALE: 1' = 50' 0110, 50' 100, Co4her County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM I 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 L7 c 'CI l.C1 ILC%t' VI �>U(-II Hn Uer UsA: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage or stocK owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI I.CIIIdb'C UI IHU21esL: I Name and Address I % of Ownership I Created 9/28/2017 Page 1 of 3 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 d. If the orooerty is in the name of a GFNFRAI or I WITH) PARTNFRCHIP list tha names of the eneral and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the itticers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of`° I mci z), n d wi Pur duun, Pdrmer5n1P, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 cover County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: . or Anticipated closing date: I AFFIRM PROPERTY OWNERSHIP INFORMATION I 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: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.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.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing 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 project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 [ ❑ Statement of Utility Provisions 1] ❑ 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 FE6. lv&L Qe CoU.QcTQt, gfT,Me OF P14D Sw 11114 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 Q ❑ Electronic copy of all required documents 1 ❑ 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 February 1, 2019 Page 9 of 11 CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.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 ❑ rx ❑ Original PUD document/ordinance, and Master Plan 24" x 36" —Only if Amending the PUD ❑ W ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ Q *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: d Exhibit A: List of Permitted Uses d Exhibit B: Development Standards 2' Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code d Exhibit D: Legal Description 1 Exhibit E: List of Requested LDC Deviations and justification for each C� Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ® Utilities Engineering: Eric Fey Wr Parks and Recreation: Barry Williams (Director) 5J Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities ❑ I Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: c Methodology Review: $500.00 3y Eih&v- QeQutQ,sfl 3y STAFF *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Co) ler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net P"'�Legal Advertising Fees: grCCPC: $1,125.00 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 not listed, but 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 Printed named of signing party Date February 1, 2019 Page 11 of 11 AFFIDAVIT OF AUTHORIZATION PUDA-PL20200000564 I, Nick Casalanguida (print name), as Deputy County Manager, (title, if applicable) of Collier County, a Political Subdivision of the State of Florida, (company, if applicable), swear or affirm under oath, that Collier County is (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/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. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. Ares. 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. 'A/1 e,1< c4 5,9 l , �V109 ignat a Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to (or affirmed) and subscribed before me on Tune 16, 2020 (date) by Nick Casalanguida (name of person providing oath or affirmation), as Deputy County Manager who is personally known to me or who has produced (type of identification) as identification. STAMP/SEAL Signature of Notary Public 3e1� t�wrel�n Ilij Cersrr�rri+A+40£f9Q EPj rpn��85�21i34�1 At-HUAVI I Ur AU I ti )KILA I IV N PUDA-PL20200000564 I, Christopher Shear (print name), as Managing Director, (title, if applicable) of McDowell !-lousing Partners, LLC (company, if applicable), swear or affirm under oath, that I am the (choose one): The owner _applicant X contract purchaser _ and that: I. 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/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. 'Notes: • If the applicant is a corporation, then it is usually executed by the core. pres. or v. pres. • ff the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.G), 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 appropriote format for that ownership. Under penalties of perjury, f declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Signature Printed Name STATE OF FLORIDA COUNTY OF 404*" M1aw'j -DaAP- The foregoing instrument was sworn to (or affirmed) and subscribed before me on , Z07-0 (date) by % S,heair , (name of person providing oath or affirmation), as who is personally known to me or who has produced (t p of identification as identification. STAMP/SEAL , tAy�"W, CNERYL CHIILAS _.._ Notary Public • State of Florida Signature of No ary Public ' Commission s# GG 035993 ?w. My Comm. Expires Oct 23, 2020 'FOF Bonded lhraugh National Notary Assn, ', Cotfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (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. COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA OWNS THE SUBJECT PARCEL (100%) Should any changes of ownership or changes in contracts or 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 I % of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address I % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership Created 9/28/2017 Page 1 of 3 CotfieY 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 general and/or limited partners: e f [* Name and Address I % 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 'I IIut=I J, JLUL.RI IUIUIn J, UCI ICI IL.IQI ICJ, UI PCII LI ICI J. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers. if a comoration. DartnershiD. or trust: Name and Address Date subject property acquired 12.19.2001-Collier County Purchase ❑■ Leased: Term of lease 99 years /months MCDowell Housing Partners If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Cotfier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: Date option terminates: or Anticipated closing date: 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: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 6.18.2020 gent/Ow er Signatu Date Jessica Harrelson, AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 2923264 OR: 2970 PG: 3419 PROJECT: Santa Barbara/62081 PARCEL: School Board - Pond "Colin le olrIcI11 "cons of M1111 COW, 11 01/21/2142 at 11:51" Dulcet 1. IlOC1, CM COW 411411.11 11C 111 15.11 Collis 3.11 1atc 111E 110"I" 1111145 IHII HIIC1 SPECIAL WARRANTY DEED il� THIS SPECIAL WARRANTY DEED made this _ 19 day of 20J, by the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, whose post -office address is 3710 Estey Avenue, Naples, Florida 34104, (hereinafter referred to as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post -office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, ,af r, Jn ppnsideration of the sum of Ten Dollars ($10.00) and other valuable con i� m whereof is hereby acknowledged, hereby grants, bargains, sells°, -,"AR, remises, relo,onveys and confirms unto the Grantee, all that certain land�,�sit6a' in Collier County, rid , to wit: Subject to easements -tiistrictions, reserva`ins./ of ord and taxes for the year 2001 and subsequent years. THIS IS NOT H4ES�AD"PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to WI and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. 1ltits Cowl ACCWM By THE Dom or lawns, orlM 0. � bpi OR: 2970 PG: 3420 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: azz& zq A e: � (Signature) Az e e Pctiec) ir (Print Name) A/(,&ALc� (Signature)/� _ Dor% S ( v-o ISSN. (Print Name) ATTEST: // . Superintendent of Schools of Ex-Officio Secretary 11 (Print Name) STATE OF_ COUNTY OF DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA BY: 1)4/efz�-Rt�tj ANNE GOODNIGHT Madame Chairman r. The foregoing Special Warranty Nod `vas~°acknowledged before me this I_ day of DecQn,bc._ , 20QL by Anne Goodnight, as Madame Chair of The School Board of Collier County, Florida, on behalf of the District School Board Of Collier County, Florida, who is personally known to me or who has produced [type of Identification] as identification. � 4� � Y Collie f WITNESS my hand and official seal this ��' day of r�e, . _, 200_1. (affix notarial seal) (Signature of Notary Public) r+1+2Z?N g.. L CAL— t (Print Name of Notary Public) A"24"M NOTARY PUBLIC �oroeowusa►NwwMwa�� Serial/Commission #: W. I z 7o!is? My Commission Expires: & - al-og Appr ve L s o fo 6 gal sufficiency r Assistant ounty Attorney a. "I OR: 2970 FG: 34Z1 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941)774-8192 SKETCH OF DESCRIPTION P O.C. W 1/4 COR. SEC 4, TWP RUE. 26 F NOT A SURVEY E.M.S. PARCEL LEGAL DESCRIPTION COMMENCE AT TIIE WEST QUARTER CORNER OF SF.C'ITON 4, TOWNSHIP 30 SOUTH, RANGE 26; EAST COLLIER COUNIY, FIARIDA, TIIENCE N 89.36'57- E 6000 FEET TO THE POINT OF BEGINNING;111ENCF CONTINUE N 19'3&57" E 40.00 FEETR'FIIE.NCE S 00.14'32" E 120 00 FEFI'; THENCE N 89.36'37" E 303.47 FEET; TIIENCF, S 00'00'12" E 773.48 FEET; TIIENCF. S 89'43'08" W 300.17 FEET; THENCF N 00.14'52" W 193.13 FEET; TIIEW''E S 89'40'03" W 40.00 FEE 1; THENCE N 0.14'32" W 697 76 FEET I'O TIIE POIN'l OF HEGINNING. CONTAINNING S "1 ACRES MORE OR LESS GENERAL NOTES 1) P.O.C. s POINT OF COMMENCEMENT 2) P.O.B. ■ POINT OF BEGINNING 3) SEC. • SECTION EXHIBIT pop_, .0 4) TWP. ■ TOWNSHIP S) RGE. a RANGE b) RAN ■ RIGHT OF WAY 7) ALL DISTANCE$ ARE IN FEET AND DECIMALS THEREOF a) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: 1 ORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC. WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE DATE FLLE NO OCTOBER 9, 2001 1 SBSCD SHEET 1 OF 1 INSTR 5802340 OR 5705 PG 747 RECORDED 12/12/2019 9:39 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $1,000.30 REC $18.50 CONS $142,900.00 PROJECT: MPS 313 Expansion FOLIO: 00400246406 STATUTORY DEED THIS STATUTORY DEED is made this Z-Z"day of 2019, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 Tamiami Trail East, Naples, Florida 34112 (hereinafter called the Grantor), to BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE .GC?1I:III�QARD OF COLLIER COUNTY WATER- . _ r SEWER DISTRICT, whose malhnaqp d r'7 9 Is 3336i Trail East, Suite 101, Naples, FL 34112 (hereinafter called the Grargte� __._ Whenever used herein instrument and their respective WITNESSETH that the Gtant ,r,-f6f arid=~rr "cd it in hand paid by the Grantee, t whereof is f and sell unto the Grantee, the o ting land de: easements, restrictions, and reserfor of record. IN WITNESS WHEREOF the sa Board of County Commissioners acting ATTEST: Crystal K Irl�l� • � r � 4 i d Attest atlp signature 011111. JP n Deputy Clerk include all the parties to this sum of Ten Dollars, ($10.00) to led, does hereby grant, bargain A attached hereto; subject to �d these presents to be executed by its , the day and year aforesaid. To I.N � 1 �R►`i�i� Approved as to form and legality: n ijs�_ pP Jennifer A. Belpedio, Asaiant County Attorney lz; I' MISSIONER S pmu' THIS CONvEyANCE AceFp EO gy TW ROARO OF COUNTY COIRMISSIOWNS. COLLIER COUNTY. FLORID!, PURSUANT TO NDA, /J� DATED: /d ITEM NO. C� this ConveyYa�nce Approved By The Board Of County Commissioners Collier County Florida, PursuantT Agenia C$ Date: is a lR ltem No: *** OR 5705 PG 748 *** DESCRIPTION A PARCEL OF LAND SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA A PARCEL OF LAND LYING IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER (W 1/4) CORNER OF SAID SECTION 4, THENCE N.88'49'26"E. ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER (SW 1 /4) OF SAID SECTION 4, A DISTANCE OF 60.00 FEET; THENCE S.01'02'22"E. DEPARTING SAID NORTH LINE ALONG THE WEST LINE OF THE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 2970, PAGE 3419, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 600.77 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING, THENCE N.88'55'17"E. DEPARTING SAID WEST LINE, A DISTANCE OF 341.42 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID DESCRIBED 3 LANDS; THENCE S.00'47'43"E. ALONG THE SAID EAST LINE, A 40 DISTANCE OF 179.00 FEET; THENCE S.8855'37"W. DEPARTING pa SAID EAST LINE, A DISTANCE OF 300.65 FEET TO AN = d INTERSECTION WITH THE WEST BOUNDARY OF SAID DESCRIBED LANDS; o THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING THREE v (3) COURSES: 1. N.01-02'23"W., A DISTANCE OF 82.01 FEET, 2. S.88'52'32"W., A DISTANCE OF 40.00 FEET 3. N.01-02'22"W., A DISTANCE OF 96.99 FEET O rTHE POINT OF BEGINNING. .. , DESCRIBED PARCEL CONTAINING 57,759 QUA7 FEET OR ACRES, MORE OR LESS. it k u.. 0 50 100 200 (INTENDED DISPLAY SCALE: 1 "= tA6 NOT A SURVEY I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE LEGAL DESCRIPTION AND SKETCH WERE PREPARED IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF CHAPTER 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER 472, FLORIDA STATUTES. BARRY EN (FOR FIRM L.B. 642) PROFESSIONAL SURVEYOR A D MAPPER FLORIDA CERTIFICAA�T,,EII NO. 365 DATE SIGNED: SLL� 0 I�------------- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. O.B. (57,759 SO. FT /, I • ME NO`� JOHNSON ENGINEERING, INC. 2350 STANFORD COURT 2350 NAPLES, FLORIDA 34112 PHONE: (239) 434-0333 ENGINE E R I N G EFAX: (239) 334.B. #642 & L.B. # 61 642 P. 0 L. PARCEL NO. 00400246503 ST GEORGE GROUP GIRD CORP W1/4 CORNER OF S£C. 4, (ORB 3920, PG 1399) TWP. 50 S, RCE. 26 E COLLIER COUNTY, FLORIDA N88'49 26 E 60.00' 1 (BASIS OF BEARINGS) 1 N. LINE OF SW 1/4 OF SEC. 4 N88'49 26 E `-PARCEL No. 00400248006 COLLIER COUNTY W. LINE OF DESCRIBED LANDS PARCEL NO. 00400246406 COWER COUNTY (ORB 2970. PG 3419) DESCRIBED LANDS" PARCEL NO. 00400246309 COLLIER COUNTY (ORB 2814, PG 848) Ypa v '0 M o�w a O Y OD N Z� N WO�m rla NOTES: 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO BE USED AS ONE. 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE IN FEET AND ARE PROJECTED ONTO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (NAD83), 2011 ADJUSTMENT. 3. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER (SW1/4) OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, WHEREIN SAID NORTH LINE BEARS N.88'49'26"E. 4. PARCEL CONTAINS 57,759 SQUARE FEET OR 1.33 ACRES, MORE OR LESS. 5. P.O.C. = POINT OF COMMENCEMENT 6. P.O.B. = POINT OF BEGINNING 7. ORB = OFFICIAL RECORDS BOOK 8. PG = PAGE 9. SO. FT. / AC. = SQUARE FEET/ACRES 10. SEC. = SECTION 11. TWP. = TOWNSHIP 12. RGE. = RANGE SKETCH AND DESCRIPTION SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA 1TE PROJECT NO. n E NO. ISCALE OFIEEI 08-27-19 20149700-193 04-50-26 1"=200' 1 OF 1 Radio Rd Countryside Golf & Country Club 10 Gelderli Cote High School Temporarily closed PRO✓EC T L OCA TION RF W CL B VICINITY MAP NOT TO SCALE SURVEYOR'S RESPONSE 1 THROUGH 8, GENERAL EXCEPTIONS. 9 THROUGH 13. AFFECTS SUBJECT PROPERTY. NOT PLOTTABLE. 14. AFFECTS SUBJECT PROPERTY. DEPICTED AND NOTED HEREON. 15. AFFECTS SUBJECT PROPERTY. DEPICTED AND NOTED HEREON. 16. AFFECTS SUBJECT PROPERTY. DEPICTED AND NOTED HERON. c Cedar Hammock Country Club (B.O.B.) S 01 °03'06" E 2736.92' (M) �% I 0 10 20 40 so GRAPHIC SCALE %ftft■■ft"8■m, SCHEDULE B SECTION II EXCEPTIONS FIRST AMERICAN TITLE INSURANCE COMPANY 0 EOP ti DRAIN INLET EOP = 12.18 RS" oro iniv ni - nn FILE NO,: 2037-4728304 MCD❑WELL H❑USING PARTNERS SCHEDULE B SECTI❑N II EXCEPTI❑NS 1, DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE BUT PRI❑R TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS C❑MMITMENT. 2, ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN P❑SSESSI❑N OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS, 3, ANY ENCROACHMENT, ENCUMBRANCE, VI❑LATI❑N, VARIATI❑N OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCL❑SED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND, 4, ANY LIEN, FOR SERVICES, LABOR, OR MATERIALS IN C❑NNECTI❑N WITH IMPROVEMENTS, REPAIRS OR REN❑VATI❑NS PR❑VIDED BEFORE, ON, OR AFTER DATE OF P❑LICY, NOT SHOWN BY THE PUBLIC RECORDS. 5, ANY DISPUTE AS TO THE B❑UNDARIES CAUSED BY A CHANGE IN THE L❑CATI❑N OF ANY WATER BODY WITHIN OR ADJACENT TO THE LAND PRI❑R TO DATE OF P❑LICY, AND ANY ADVERSE CLAIM TO ALL OR PART OF THE LAND THAT IS, AT DATE OF P❑LICY, OR WAS PREVI❑USLY UNDER WATER. 6, TAXES OR SPECIAL ASSESSMENTS NOT SHOWN AS LIENS IN THE PUBLIC RECORDS OR IN THE RECORDS OF THE LOCAL TAX C❑LLECTING AUTH❑RITY, AT DATE OF P❑LICY, 7, ANY MINERALS OR MINERAL RIGHTS LEASED, GRANTED OR RETAINED BY CURRENT OR PRI❑R OWNERS, 8. TAXES AND ASSESSMENTS FOR THE YEAR 2020 AND SUBSEQUENT YEARS, WHICH ARE NOT YET DUE AND PAYABLE. 9, RES❑LUTI❑N CREATING THE GOLDEN GATE WATER/SEWER MST DISTRICT RECORDED APRIL 12, 1976 IN BOOK 646, PAGE 1838, 10, RES❑LUTI❑N NO. CWS-85-4 RECORDED JUNE 25, 1985 IN BOOK 1142, PAGE 1796, 11, RES❑LUTI❑N NO. 87-66 AND RES❑LUTI❑N NO, CWS-87-6 RECORDED APRIL 2, 1987 IN BOOK 1259, PAGE 2; AND RES❑LUTI❑N NO, 89-98 AND RES❑LUTI❑N NO. CWS-89-8 RECORDED APRIL 14, 1989 IN BOOK 1432, PAGE 1981. 12,CR❑SS EASEMENT AGREEMENT BY AND BETWEEN SH❑PPES AT SANTA BARBARA, INC,, A FLORIDA C❑RP❑RATI❑N AND R❑YCE 0, STALLINGS, JR., RECORDED N❑VEMBER 13, 1989 IN BOOK 1483, PAGE 1619 13,TERMS AND C❑NDITI❑NS AS SET FORTH IN THAT CERTAIN EASEMENT AGREEMENT AND N❑N-EXCLUSIVE, ACCESS EASEMENT BY AND BETWEEN DISTRICT SCHOOL BOARD OF C❑LLIER COUNTY, FLORIDA AND C❑LLIER COUNTY, A P❑LITICAL SUBDIVISI❑N OF THE STATE OF FLORIDA RECORDED JANUARY 28, 2002 IN BOOK 2970, PAGE 3324; AS AMENDED BY FIRST AMENDMENT TO EASEMENT AGREEMENT AND N❑N-EXCLUSIVE, ACCESS EASEMENT RECORDED MARCH 6, 2008 IN BOOK 4336, PAGE 798. 14,DECLARATI❑N BY C❑LLIER COUNTY, A P❑LITICAL SUBDIVISI❑N OF THE STATE OF FLORIDA RECORDED APRIL 25, 2006 IN BOOK 4023, PAGE 4072. 15,SUBJECT TO AUT❑MATIC PHOSPHATES, METALS, MINERALS AND PETROLEUM RESERVATI❑NS BY VIRTUE OF SECTI❑N 270,11(1), F,S, AS To THE P❑RTI❑N OF THE SUBJECT PROPERTY DESCRIBED IN DEED/CONVEYANCE RECORDED JANUARY 28, 2002 IN BOOK 2970, PAGE 3419. 16,SUBJECT TO AUT❑MATIC PHOSPHATES, METALS, MINERALS AND PETROLEUM RESERVATI❑NS BY VIRTUE OF SECTI❑N 270,11(1), F,S, AS TO THE P❑RTI❑N OF THE SUBJECT PROPERTY DESCRIBED IN DEED/CONVEYANCE RECORDED DECEMBER 12, 2019 IN BOOK 5705, PAGE 747, 17,SUBJECT TO AUT❑MATIC PHOSPHATES, METALS, MINERALS AND PETROLEUM RESERVATI❑NS BY VIRTUE OF SECTI❑N 270,11(1), F,S, AS TO THE P❑RTI❑N OF THE SUBJECT PROPERTY DESCRIBED IN DEED/CONVEYANCE RECORDED , 2019 IN BOOK PAGE . (NOTE: THE COMPANY MAY C❑NSIDER DELETING THIS EXCEPTI❑N AFTER PR❑DUCTI❑N OF A SATISFACT❑RY RELEASE OF THE MINERAL RIGHTS TO BE RECORDED IN THE PUBLIC RECORDS OR, ALTERNATIVELY, AFTER REVIEW AND APPROVAL OF PROOF THAT SUCH RIGHTS WERE NOT RESERVED OR RETAINED BY THE AGENCY OR REQUIRED TO BE RESERVED BY THE ENABLING STATUTE OF THE AGENCY) NOTE: THIS EXCEPTI❑N WILL BE AUT❑MATICALLY DELETED UPON C❑MPLIANCE WITH REQUIREMENT B 4A, 18,SUBJECT TO AUTOMATIC PHOSPHATES, METALS, MINERALS AND PETROLEUM RESERVATI❑NS BY VIRTUE OF SECTI❑N 270,11(1), F.S. AS To THE P❑RTI❑N OF THE SUBJECT PROPERTY DESCRIBED IN DEED/CONVEYANCE RECORDED 2019 IN BOOK PAGE - (NOTE: THE COMPANY MAY C❑NSIDER DELETING THIS EXCEPTI❑N AFTER PR❑DUCTI❑N OF A SATISFACT❑RY RELEASE OF THE MINERAL RIGHTS TO BE RECORDED IN THE PUBLIC RECORDS OR, ALTERNATIVELY) AFTER REVIEW AND APPROVAL OF PROOF THAT SUCH RIGHTS WERE NOT RESERVED OR RETAINED BY THE AGENCY OR REQUIRED TO BE RESERVED BY THE ENABLING STATUTE OF THE AGENCY) NOTE: THIS EXCEPTI❑N WILL BE AUT❑MATICALLY DELETED UPON C❑MPLIANCE WITH REQUIREMENT B 4B, 19,TERMS AND CONDITIONS OF ANY EXISTING UNRECORDED LEASE(S), AND ALL RIGHTS OF LESSEE(S) AND ANY PARTIES CLAIMING THROUGH THE LESSEE(S) UNDER THE LEASE(S), tVl' CA SANTA BARBARA BOULEVARD BENCHMARK SIR & CAP DRAIN INLET TRAV. LB, 6897 EOP = 11.50 ELEVATION = 12.71 )o" Pro IN\/ W 4600 SANTA BARBARA BLVD. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE WEST QUARTER OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE N.89°36'57"E. 60.00 FEET TO THE EAST RIGHT OF WAY LINE OF SANTA BARBARA BOULEVARD; THENCE S.00°14'52"E. ALONG SAID EAST RIGHT OF WAY LINE 120.00 FEET TO THE POINT OF BEGINNING; THENCE N.89°36'57"E. 343.47 FEET; THENCE S.00°00'12"E. 660.04 FEET; THENCE S.89°43'08"W. 300.65 FEET; THENCE N.00°14'52"W. 81.70 FEET; THENCE S.89°40'03"W. 40.00 FEET; THENCE N.00°14'52"W. 577.76 FEET TO THE POINT OF BEGINNING. CONTAINING 222,381, SQ.FT. AND/OR 5.10 ACRES MORE OR LESS SURVEYOR'S NOTES 1, BEARINGS ARE BASED ON CIL OF SANTA BARBARA BOULEVARD ROAD AS BEING S 01 °03'06" E AS SHOWN, 2, EL E VA TIONS ARE BASED ON N, A, V, R, 1988 UNL ESS NO TED, 3, FIELD MEASUREMENTS ARE IN SUBSTANTIAL AGREEMENT WITH PLAT AND/OR DEED CALLS UNLESS NOTER 4, SUBJECT TO EA SEMEN TS, RESTRICTIONS AND/OR RESER VA TIONS OF RECORD, 5 THE PROPERTY DESCRIBED HEREON IS THE SAME AS THE PROPERTY DESCRIBED IN TITLE BY FIRST AMERICAN TITLE INSURANCE COMPANY, FILE NO, 2037- 4 728304 WITH AN EFFECTIVE -DATE OF APRIL 30, 2020 AT 800 A, M, AND THAT ALL EASEMENTS, COVENANTS AND RESTRICTIONS REFERENCED IN SAID TITLE COMMITMENT OR APPARENT FROM A PHYSICAL INSPECTION OF THE SITE OR O THER WISE KNOWN TO ME HAVE BEEN PLOTTED HEREON OR O THER WISE NOTED AS TO THEIR EFFECT ON THE SUBJECT PROPER T Y 6, SURVEYORS CER TIFICA TION DOES NOT APPLY TO MATTERS OF TITLE, ZONING, OR FREEDOM OF ENCUMBRANCES, AND IS NOT VALID WI THOU T THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, 7 NO UNDERGROUND UTILITIES, FOUNDATIONS OR O THER UNDERGROUND INSTALLATIONS WERE L OCA TED UNLESS SHOWN, 8 NO OTHER PERSONS OR ENTITIES, OTHER THAN SHOWN, MAY RELY ON THIS SL/R VE Y, 9, ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF, UNLESS O THER WISE NO TED, 11, THE FLOOD ZONE LINE AS SHOWN HEREON IS APPROXIMA TE ONL Y AND HAS BEEN SCALED FROM FLOOD PANEL MAPS BY FEMA AND COLLIER COUNTY, PROPERTY OWNER SHOULD OBTAIN WRITTEN FLOOD ZONE DE TERMINA TION FROM OUR LOCAL PERMITTING, PLANNING, AND BUILDING DEPARTMENT PRIOR TO ANY CONSTRUCTION PLANNING AND/OR CONSTRUCTION, ABBREVIATI❑NS BOB = BASIS OF BEARING C/L = CENTERLINE CO = SANITARY CLEAN OUT CTV = CABLE TV EDP = EDGE OF PAVEMENT 0 ELEC. = ELECTRIC BOX FCM = FOUND CONCRETE MONUMENT FIR = FOUND 5/8' IRON ROD F,F, ELEV. = FINISHED FLOOR ELEVATION FN = FOUND NAIL FND = FOUND NAIL AND DISC FPL = FLORIDA POWER AND LIGHT F/H = FIRE HYDRANT LP = LIGHT POLE M = MEASURED ME = MAINTENANCE EASEMENT NGVD = NATIONAL GEODETIC VERTICAL DATUM OHW = OVERHEAD WIRES P = PLAT xx.x' = CONTOUR LINES PCP = PERMANENT CONTROL P❑INT PK = PK NAIL P.0.C. = P❑INT OF COMMENCEMENT P,0.B. = P❑INT OF BEGINNING PRM = PERMANENT REFERENCE MONUMENT PSM = PR❑FESSI❑NAL SURVEYOR AND MAPPER PU&DE = PUBLIC UTILITY AND DRAINAGE EASEMENT R/W = RIGHT OF WAY LINE SIR = SET 5/8 IRON ROD AND CAP LB 6897 TEL = TELEPHONE BOX TP = TRAFFIC LIGHT POLE UE = UTILITY EASEMENT UE&PE = UTILITY EASEMENT AND PEDESTRIAN EASEMENT ® WMB = WATER METER BOX �WPP = WOOD POWER POLE O = BENCHMARCK ELEVATI❑N L = GUY ANCHOR N WV = WATER VALVE (❑) _ OFF PROPERTY ® = SURVEYOR'S RESPONSE SP = FLORIDA STATE PLANE NAD83(1999) CLF = CHAIN LINK FENCE ^bti P.O.C. W. 1 /4 CORNER OF 1 C R D " SEC. 4, TWIN. 50 S., RING. 26 E. DRAIN INLET Z Z I EOP = 11.86 65" RCP INV N = 1.75 O O CID O 00 O 65" RCP INV S = 1.09 00 l o 00*14'52" E� rn CROSSWS "--POST P. B. 120.00' (D) �N^ J . ^o SIR S 01 °02'25" E■.�■■�"� Fo ■■ 120.00' (SP) Fr' 0� FLOOD ZONE-X - - ss! - FLOOD ZONE X500 EC FLOOD ZONE AE FLOOD ZONE AH X \ 14 0. R. ti BOOK 4023, PG. 4072--, d0 \ H L G�v W B 6 �' , F BALLARD o b ■ ■ r ■ ■ ■ ■ om m a� 1 �ry I o 0 0 o i Z I A 16 I OD X UI 0 I O J Z ■ Z m m oM m XF Cn of�B CA i 4600 SANTA BARBARA BLVD. CALUSA PARK ELEMENTARY SCHOOL J ^ ■ C7 ,�O x 1 IN of x I I I I 0 & CA 6773 0 J �c • i i I i I LINE TABLE DEED LINE BEARING LENGHT L1 N 00*14'52" W 81.70 L2 S 89°40'03" W 40.00 LINE TABLE SP & M LINE BEARING LENGHT L1 N 01 °02'35" W 81.70 L2 S 88°52'30" W 40.00 FLOOD ZONE: PANEL NO.: ZONE AH 12021C 0414 H ELEVATI❑N = 10.5 MAP REVISI❑N DATE MAY 16, 2012 CERTIFICATION: TO MCDOWELL HOUSING PARTNERS, FIRST NATIONA TITLE INSURANCE COMPANY: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(A), 6(B), 7(A), 7(B)(1), 7(C), 8, 9, 10(A), 11, 13, 14, 16, 17, 18, 19 AND 20 OF TABLE A THEREOF. THE FIELDWORK WAS COMPLETED ON JUNE 26, 2019. DATE OF PLAT OR MAP: 3 Y.- JOHN SCOTT RHODES, SR. BOUNDARY, A LTA SPS & TOPOGRAPHIC SURVEY RHODES & RHODES AND SURVEYING, IN LICENSE #LB 6897 Pg: date: MAY ??, 2020 1241 75,78 scale: 1" = 100' cogo #20-309 1 'El 28100 BONITA GRANDE DRIVE SUITE 107 BONITA SPRINGS, FL 34135 (239) 405-8166 (239) 405-8163 FAX i J � • s \\ o 0.0 a ,r 4 i •JCS :� �. Y4y'y 1� tt � a iq f ✓ �. yyy�Y��y..s�t _ 3 �i ". �Wy '.. t \ � g6pPQ,tlr �. a> Oil, ` .et j y i r ' ..'-� -.�• - 1 y' . .v - v n i r� $� . �y pd L -yam • V . 7 a , _�" � �- I�� � R1F�, " � .. ...:_ - .. ..Y,r;XY uYlvuv.Yi'` \_v1 .. - � as x. . j i a J fy rull KA _ 7:1 .ram 1 � ^..I Ha �� ��TJ_�i --1 +i✓ �8 t I' +.,T 1'..., f! M. Y' VIM A kill",LJ o r (aYo nT rF,71-r3--rr, fP�ilfbi3o`i7-1, �V.YirfYol',Ql ,Y,Y� Xt X `•l a v ! _ I ,. BEMBRIDGE PUD Environmental Data for PUDA SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Collier County Growth Management Division C,O er County 2800 North Horseshoe Drive Naples, FL 34104 Prepared By: Te�S Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 em:o LLC www.eteflorida.com August 4, 2020 Environmental Data for PUDA EXHIBITS Figure 1 Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Existing Native Vegetation Figure 4 Site Plan Figure 5 Proposed Preserve APPENDICES APPENDIX A: Collier County PUDA Pre-App Notes APPENDIX B: Earth Tech Environmental Staff Qualifications APPENDIX C: Protected Species Survey APPENDIX D: Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Planned Unit of Development Amendment (PUDA) for the Bembridge PUD property (Subject Property). This information is in response to the items in the PUDA Pre -Application Notes as provided by Collier County (see Appendix A). The Subject Property consists of a single parcel (Folio # 00400246406) totaling approximately 5.10 acres. The southern portion of the property contains a deed from Collier County for a proposed pump station, which totals 1.33 acres. The northern portion of the property is proposed to be developed as an affordable housing complex, which totals 3.77 acres. PROPERTY LOCATION The Bembridge parcel is located immediately east of Santa Barbara Boulevard and approximately 0.50 miles north of Davis Boulevard, in Collier County. See Figures 1 & 2 below for the property location. Figure 1. Location Map Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA Figure 2. Aerial Map Environmental PUDZ-PUDA Checklist (non-RFMU) See pages 10-11 of Collier County Pre-App Notes 1. Is the project in the 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 • Yes 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -13627 • See Figure 3, FLUCCS Map below and associated descriptions. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA Figure 3. FLUCCS Map with Existing Native Vegetation TABLE 1. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE UPLANDS/WETLANDS EXISTING NATIVE VEGETATION? 513 Water (Ditch) 0.09 OTHER SURFACE WATERS No 619 Exotic Wetland Hardwoods 3.04 WETLANDS No 641-E2 Freshwater Marsh (26-50% Exotics) 0.82 WETLANDS Yes 740 Disturbed Lands 1.15 UPLANDS No Site Total: 5.10 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 UPLAND COMMUNITY DESCRIPTIONS FLUCCS 740, Disturbed Land This community consists of previously cleared areas which border the east and west property boundaries. They are heavily inundated with exotic vegetation including canopy level Brazilian pepper (Schinus terebinthifolia). Groundcover consists of ragweed (Ambrosia artimisifolia), dog fennel (Eupatorium capillifolium), Spanish needle (Bidens alba), balsam apple (Momordica charantia), and grapevine (Vitis rotundifolia). Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA WETLAND COMMUNITY DESCRIPTIONS FLUCCS 619, Exotic Wetland Hardwoods This community is found throughout the majority of the property. It consists of dense Brazilian pepper with lesser amounts of earleaf acacia (Acacia auriculiformis) and scattered cabbage palm (Saba) palmetto). Groundcover consists of sedges (Cyperus spp.), dog fennel, balsam apple and a variety of vines, with cogon grass (Imperata cylindrica) and torpedograss (Panicum repens) along the edges. FLUCCS 641-E2, Freshwater Marsh (26-50% Exotics) This community is found in the southern portion of the property. It is largely void of canopy -level vegetation. The understory contains small earleaf acacia, Carolina willow (Salix caroliniana), sedges, golden rod (Solidago sempervirens), lobelia (Lobelia spp.), and cogon grass. Drift lines and bleaching were apparent within this community. OTHER SURFACE WATERS FLUCCS 513, Ditch A ditch is located parallel to the western property boundary. It contains standing water bordered by Carolina willow. 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and rations 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.E-D; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation — P547 Per Collier County, the native vegetation requirement is 15% of the existing native vegetation, 0.82 acres. 0.82 * .15 = 0.12 acres. The project is proposing to preserve 0.12 acres of wetlands. See Figure 4 above. Offsite mitigation is proposed to offset wetland impacts. See Figures 4 & 5 below. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA - 17" rM. S _ 1 o a;11�Pcr�r�r�� 41 � 3 150'w o00 ai ! !R¢ ,.; 'F O Subject Property RI r 'a �^ Site Plan � O Figure 4. Site Plan Figure 5. Proposed Preserve Earth Tech Environmental, LLC 7 www.eteflorida.com Environmental Data for PUDA 6. Retained preservation areas shall be selected based on criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 • See #4 above. 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 • See Appendix B, Earth Tech Environmental Staff Qualifications. 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 • See PUD Document and Master Plan. 13. PUD Document shall identify any listed species found on the site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 • No listed species have been identified on the property. ENVIRONMENTAL DATA CHECKLIST See pages 12-15 of Collier County Pre-App Notes 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. • This Environmental Data Report was prepared by staff from Earth Tech Environmental, LLC. See Appendix B for qualifications. 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 the 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 Earth Tech Environmental, LLC 8 www.eteflorida.com Environmental Data for PUDA 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. • No bald eagles/nests or other listed species were identified on the Subject Property. See Appendix C for Protected Species Survey. 8. Provide a survey for listed plants identified in 3.04.03 • No listed plants were identified on the Subject Property. See Appendix C. 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 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. • N/A; no listed species were identified on the Subject Property. 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. a. Provide descriptions of each FLUCFCS code. Provide calculations for each acreage of native vegetation required to be retained on -site. a. Demonstrate on map. b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. See Figure 3 and Table 1 above for a FLUCCS Map and corresponding descriptions. A deviation is being requested from the native vegetation requirement. See #4 above. 26. Is EAC Review (by CCPC) required? • To be determined at First Review. Earth Tech Environmental, LLC www.eteflorida.com Environmental Data for PUDA CCME 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... Per Collier County, the native vegetation requirement is 15% of the existing native vegetation, 0.82 acres. 0.82 * .15 = 0.12 acres. The project is proposing to preserve 0.12 acres of wetlands. See Figure 4 above. Offsite mitigation is proposed to offset wetland impacts. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats... No listed species have been identified on the Subject Property, which is completely surrounded by roadways and development. See Appendix C, Protected Species Survey. A Wood Stork Foraging Analysis and Florida Bonneted Bat Tree Cavity Survey will be provided during permitting, if warranted. Earth Tech Environmental, LLC IC www.eteflorida.com Environmental Data for PUDA APPENDIX A Collier County PUDA Pre-App Notes Earth Tech Environmental, LLC www.eteflorida.com Co er Count y 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: PUDA Date and Time: Wednesday, April 1 Cad 9:00 AM Assigned Planner: Tim Finn ` Engineering Manager (for PPL's and FP's): Project Information Project Name: Bembridge PL #: 20200000564 Property ID #: 400246406 Current Zoning: PUD Project Address: City: State: Zip: Applicant: Davidson Engineering Agent Name: Jessica Harrelson Phone: (239) 434-6060 Agent/Firm Address:4365 Radio Road, Suite 201 City: Naples State: FL Zip: 34104 Property Owner: Collier County C/O Real Property Management Please provide the following, if applicable: i. Total Acreage: 5.11 acres ii. Proposed # of Residential Units: 82 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: Ord 05-46 vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page I 1 of 5 ClarkeThomas From: FinnTimothy Sent: Wednesday, April 01, 2020 11:30 AM To: ClarkeThomas Subject: Pre-app Bembridge PUDA Attachments: Res 2018-40 Expedited Permitting.pdf Hi Thomas, The following are the zoning comments: /t/G -e-S 1. Strikethru/underline of entire PUD including a revised Master Plan 2. Per Resolution 18-40 please make sure that upon the first submittal that Intake Dept has all reviews set at 15 days, Resolution attached to email — SE M ATtAchED RE S t95-WO Timothy Finn, AICP Principal Planner Im COLVer C01414ty Zoning Division NOTE: New Email Address as of 1210912017: Timothy. Finn @colliercountyfl.Qov 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.4312 Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZonins. 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. 1 Q` 1.6 - RESOLUTION NO.18 - 4 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPERSEDING AND REPLACING RESOLUTION 2007- 176, AMENDING THE PROCEDURES FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED AFFORDABLE HOUSING. RECITALS WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of affordable housing to its workers and residents, encourage the retention of affordable -workforce housing in the County, encourage the location of residences in proximity to employment centers, reduce commute times to places of employment, and provide businesses with access to a pool of employees within the County; and WHEREAS, the Board has formally expressed its commitment to affordable- housing by adoption of certain Goals, Objectives and Policies in the County's Growth Management Plan (GMP); and WHEREAS, the intent of Goal 1 of the GMP's Housing Element is to create an adequate supply of safe, decent, sanitary, and affordable housing for all residents of Collier County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to "Provide new affordable housing units in order to meet the current and future housing needs of legal residents with very -low, low, moderate and gap incomes, including households with special needs such as rural and farmworker housing in rural Collier County; and WHEREAS, in order to address the housing needs of low, moderate, and gap income persons by encouraging the more efficient production of affordable housing, GMP Policy 2.5 requires the County and the City of Naples to review its existing permit process system in an effort to reduce the processing time and cost [ 18-GRC-O D66111392679/ I J 1.M of affordable housing and continue to identify areas that can be streamlined; and WHEREAS, in order to comply with State law, the Board of County Commissioners through Resolution No 2007-176 adopted as its policy, specific procedures for expediting the review of development orders for affordable housing qualified projects to a greater degree than other reviews; and WHEREAS, the Board of County Commissioners wishes to amend its expedited review program to improve the benefit to providers of affordable housing serving families with 140% or below median household income levels, and to make the program consistent with other affordable housing programs administered by the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: 1. This Resolution shall supersede and replace Resolution2007-176. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing expedited review policy, as amended, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose of this Program is to establish procedures to allow for expedited reviews of all development orders qualifying as affordable housing so as to create more affordable housing and comply with State law. The expedited review process for qualified development orders is not intended to otherwise modify or alter existing procedural standards for reviewing development orders, including those that do not qualify for affordable housing. B. Applicability: These procedures apply to the review of all qualified development orders for new and expanding development in Collier County proposing to construct affordable housing. In order to qualify for the expedited review process, the applicant for a proposed development ordermust: 1. Specifically request affordable housing expedited review project [ 18-G RC-00661/1392679111 status as part of an application for a County development order, as defined in Sec. 163.3164 (7), F.S., including but not limited to: Rezone petitions, including those for Planned Unit Development (PUD) districts, Conditional Use, Site Development Plans, Subdivision Plats, and Building Permits, including but not limited to their corresponding zoning, engineering, environmental, transportation, building, and fire code reviews; and 2. Construct an affordable housing project that contains a minimum of twenty percent (20%) of the total number of approved units as approved affordable housing in the 140% or below of household medium income category; and 3. Include a certificate issued by the Collier County Community and Human Services Division stating that the affordable housing project has qualified for expedited review status by meeting the criteria as outlined in this Resolution. C. Affordable Housing Expedited Review Procedures. 1. Affordable housing review qualification meeting and Certificate. Prior to the pre -application meeting process and an application for a development order being submitted to Collier County for the expedited review process, the applicants or agents must attend a qualification meeting with Collier County Community and Human Services. To qualify, the applicant or agent must demonstrate how the project will comply with paragraph B above. Those projects that demonstrate compliance will be issued a certificate to allow the expedited review process for all development orders. 2. Affordable Pre -application meeting. A pre -application meeting is required prior to a development order application being submitted under this expedited review process. 3 Submittal of affordable expedited review Development Order Application. Once qualified, an application for a development order, including an approved copy of the certificate of affordable housing for expedited review issued [i Bd3RC-00661/1392679/11 by Collier County Community and Human Services, must be submitted to the County for expedited review within nine (9) months fi-om date of issuance of the certificate. If not timely submitted, the applicant must apply to be re -qualified as set forth above. 4. Affordable housing expedited review time line for application sufficiency. Complete development order application submittal packages, once time - stamped by the Growth Management Department will receive an expedited sufficiency review as set forth below. a. The Growth Management Department, will review the submittal package and determine it to be "complete" or "incomplete" after sufficiency review. b. To be considered "complete" an application submittal package for a Zoning, Engineering and/or Environmental Section type petition must include the following: all items checked off on pre -application meeting notes (i.e., application and review fees, addressing checklist, and any additional information requested and noted during the pre -application meeting, and any other information noted as a required). To be considered "complete" an application submittal package for the Building Permit Section must include all items checked off on the application checklist noted as required (i.e. survey, truss drawings, energy calculations, and any other information noted asrequired). C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant noting the deficiencies and the applicant will be directed to reapply. With each subsequent submittal, the Growth Management Department will determine an application package to be "complete" or "incomplete" after sufficiency review d. Once an application package is deemed "complete" it will have all necessary data entered into the computer project -tracking program noting the project as an "affordable housing" and an expedited review route sheet will be completed, attached, and the application package distributed for staff review within three (3) business days from sufficiency review to determine submittal as "complete". [18-GRC-00661/1392679/11 a. Expedited review times for affordable projects. Review of any development order with an expedited review status will be completed and the appropriate staff reports and approvals completed within one hundred and twenty (120) business days for petition types such as Rezone and/or Conditional Use requests, sixty (60) business days for petition types such as Subdivision Plats and/or Site Development Plan requests, or seventy-five (75) days for residential Building Permit requests from date of distribution for staff review. b. To ensure that expedited review applications move through the review process in a timely manner, all re -submittal packages and plan corrections must be provided to the County by the applicant within fifteen (15) business days measured from the date of staffs review comment letter created at the end of each review cycle. As such, the County's complete 120/6o/75 business day review timeframes will not include any time when the County is waiting for the applicant to re -submit plan corrections based on staffs review comment letter. C. in order to meet the complete expedited review period noted in paragraph 5. a and b. above, review staff must complete their reviews for affordable housing applications within fifteen (15) business days from the distribution date of submittal package for planning petitions (i.e. PUD Rezones or Conditional Use), seven (7) business days from the distribution date of submittal package for site -related petitions (i.e. Subdivision Plats or Site Development Plans), or twenty- five (25) business days from the distribution date of submittal package for Building Permits. d. Resubmittal packages, additional information and/or corrected plans will be reviewed under the same submittal procedures until all of the assigned review departments have approved the development order and final approval is granted by the County Manager or his designee. e. Once an application for a development order has been rejected twice by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County review departments yet to approve the application. The purpose of such a project review meeting will be to reach resolution and allow the [ 18-O RC-0066 I11392679/ 11 application to proceed to public hearings. f. Once all departments have completed reviews for a development order such as but not limited to a site development plan or building permit resulting in an approved status the final approval process shall be completed within three (3) business days (i.e. final typing of permit or approval letter for site development plan). 6. Public Meeting and Hearings. Qualified affordable expedited review projects will be given first priority for scheduling of all meetings including but not limited to pre -application meetings, neighborhood informational (NIM) meetings, project meetings, and public hearings. Note: If an applicant does not respond within the fifteen (15) business days as outlined in paragraph 5.b. above, the County cannot guarantee first priority scheduling. This Resolution adopted after motion, second, and majority vote this � day of February 2018. ATTEST: DWIG ,E: BROG} CLERK qI By: << ofuiplerk Atl6f as to -dig! f � JFI 11v Approved as to form and legality: Jenra'fer`Belpedio Assistant County Atto ey �C�-1` C4 [ 18-GRC-00661 /1392679/1 j BOARD OF O Y CO NERS COLLIE O T By: REW SOLIS, CHAIRMAN Co er County 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 https://www.coIIiergov.net/Home/ShowDocument?id=75093. EljvifbNmEotkL PIEASE ProvA Sup orljj FNViac.i,v,vAAL, DPJA FLUCKS Y1A Llsk,A Species Sura U J4 Ed -No oidEk 44tO I I moolA0pIicA*4' S141E� fhE PHSEIWE S ArE fo bE tAICEN OEF-S►i E. PIECE 2c-QuE4 A deu,Aot J wj+h Svppor'4-:�°) jySA, f, cAA6tj pFV . 05. 07 R f i i i • Am A woe- -Lc, r- 4tiE MA4 Q PIAO iNAICA4:to the Afovai of VQ[SEkk 4,5 tip +AVejo off c, �e . I SJ"la PreSErUF- k 60IRE /VIEAJ+. SEr- ChECL 1*5+ If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(aDnaplesgov.com Allyson Holland AM Holland CQnaplesgov.corn Robin Singer RSingera_naplesgoy.com Erica Martin emartin(@naplesgov.com 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 7/11/2019 Page 1 2 of 5 Environmental PUDZ-PUDA Checklist (non-RFMU) Project Name 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 C2.) 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 Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 OFF SttP 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 3.05.07.13-13; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 QFF- S►�F pro pog A . Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 06. 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 SPrinciple structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory �1 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 boundaryidentifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New 6 FF-1 •}e Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 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 OFF S 1 fe Q91fthe PUD includes a Preserve Tract section 01 - 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. A. A- 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 the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. Do not include this as an Environmental Commitment. If Landscape Review wants to include as a commitment, it shall go into a Buffer section. 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: .AA Environmental Data Checklist Project Name The Environmental Data requirements can be found in LDC Section 3.08.00 1. Provide the EIS fee if PUD or CU. 2� WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 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. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 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. Provide when treated stormwater is being directed into preserves (#S above). J. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered Provide a survey for listed plants identified in 3.04.03 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 plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed Z .0 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. Note: Not required at time of Land use petitions except for Bald Eagle Management Plans. Staff requests management plans for other species are only provided at time of Plat or SDP. 10. For sites 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 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. GIdentify 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. a�. Provide descriptions of each FLUCFCS code Provide calculations for the acreage of native vegetation required to be retained on -site. a. Demonstrate on map. f F AWI b. Provide a companion chart. Include the above referenced calculations and aerials on the SDP or final plat construction plans. 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. 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 (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 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 FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 18. 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. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Indicate that the petition is in compliance with 3.06.00 and does not propose any prohibited uses per LDC 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. 20. 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. 21. 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. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. 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. 24. 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. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. 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. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. 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) 01.E , 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. 26. Is EAC Review (by CCPC) required? i i1 27. PUD master plan or PPUSDP site plan notes (note requirements subject to change during review process) Type B or C Landscape Buffer (provide as Buffer commitment): 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. In order to provide the required (insert Type B or C) buffer, a minimum 6-foot-wide landscape buffer easement located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. Owner will plant additional landscape material in the buffer easement to achieve the opacity requirement no later than one year from the issuance of the first residential certificate of occupancy. 1. AY Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliereov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 µ Landscape: Label buffers on updated Master Plan. 20' Type D buffer along Santa Barabara Blvd. Type B along the East and the South. Type A where abutting Santa Barbara Landings to the North. Will follow up regarding buffer requirement where abutting Plantation to the North. S,Q,a. A lT 4ek cz h N oT es F Qd I�lll�a S'rre...�.Q.ti - IRAutPaa.T�'i W.w Lv%- amid c. CvaF3y Sah�.��i - Co,nG �t4N�.tN� ri&6E 3. ClarkeThomas From: SawyerMichael Sent: Thursday, April 02, 2020 8:09 AM To: ClarkeThomas; Beard Laurie Subject: RE: Pre-App Notes for Bembridge PUDA - PL20020000564 So sorry should have sent after the meeting: Thomas, T2+��SPvn Tr�t�n.� `�I,,�rvrvirvc, IJ�T�S Please check the TIS required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: Methodology meeting by email required and provide note on TIS cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the TIS. Provide trip limit based on TIS using standard language: " The maximum total daily trip generation for the PUD shall not exceed two-way PMpeak 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. " Thanks, Michael Sawyer Principal Planner Growth Management Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer(a colliercountyfl gov From: ClarkeThomas <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, April 1, 2020 4:54 PM To: SawyerMichael <Michael.Sawyer@colliercountyfl.gov>; Beard Laurie <Laurie.Bea rd@colliercountyfl.gov> Subject: Pre-App Notes for Bembridge PUDA - PL20020000564 Hi Mike and Laurie, When you get a chance, shoot me a quick email with your Notes from this morning Pre-App for Bembridge PUDA - PL20020000564 Respectfully, Operations Coordinator - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone:239-252-2526 NOTE: New Email Address as of 1210912017. 3, A Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning _. mig-c- S jwy,&w_ " 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." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring I3.e,9tiD "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. 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." 3.0. Pre -Application Meeting Notes Provided by: Corby Schmidt, AICP, Principal Planner, Comprehensive Planning Section Subject: Pre -Application Meeting - PL20200000564 - Bembridge PUDA When: Wednesday, April 01, 2020 9:00 AM-10:00 AM Where: Via Tele-Conference - GMD Conference Room C - Planner - Timothy Finn, Zoning Section Subject property is located in: (FLUE provisions follow) 1. Urban Residential Subdistrict The purpose of this Subdistrict is to provide for higher densities in an area with fewer natural resource constraints and where existing and planned public facilities are concentrated. This Subdistrict comprises approximately 93,000 acres and 80% of the Urban Mixed Use District. Maximum eligible residential density shall be determined through the Density Rating System but shall not exceed 16 dwelling units per acre except in accordance with the Transfer of Development Rights Section of the Land Development Code. Density Rating System 2. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the rezone criteria in the Land Development Code. c. Affordable Housing Bonus: To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to twelve (12) residential units per gross acre may be added to the base density if the project meets the requirements of the Affordable Housing Density Bonus Ordinance (Section 2.06.00 of the Land Development Code, Ordinance No. 04-41, as amended), and if the affordable housing units are targeted for families earning no greater than 140% of the median income for Collier County. In the Urban Coastal Fringe Subdistrict, projects utilizing the Affordable Housing Density Bonus must provide appropriate mitigation consistent with Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of six (6) residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural/Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.06.00 of the Land Development Code. 3.c No apparent Comprehensive Planning issues; Agent notified of the need to address, as applicable: • Compliance with the FLUE/FLUM Urban Residential Subdistrict and Density Rating System; • Compliance with FLUE Objective 5 and its applicable policies, esp. s/s 5.3, 5.6 (GMP consistency clause; LDC compatibility & complementary clause); • Compliance with FLUE Objective 7 and its applicable policies 7.1 through 7.4 (Toward Better Places — Community Character Plan); Identify the source or sources from which bonus dwelling units/density are derived. If these are solely from utilizing the Affordable Housing Bonus, explain justification and rationale for so. Provide a narrative statement and/or data & analysis for the introduction and amount of residential density; If project is proposed solely for market rate rental apartments, make sure data & analysis supports this; or if proposed for market rate and/or affordable rental apartments, and/or market rate and/or affordable for -sale residential units, make sure data & analysis supports these. Revise Conceptual Master Plan, (and elsewhere land uses, acreage figures, etc. need to be revised) in the PUD Document to bring current. Staff notes: Notes from this mtg. have been prepared & are foldered in: GACDES Planning Services\Comprehensive\COMP PLANNING GMP DATA\Comp Plan Amendments\2020 Cycles & Small Scale Petitions\pre-app meetings in 2020\4-01-2020 Bembridge PUDA. These notes will also be/have also been uploaded into CityView and will be/are visible there. 11bcc.colliergov.netldata\GMD-LDSICDES Planning ServiceslComprehensiveTRE-APP. meeting noteslpre-app docsbotes 202014-01-2020 Bembridge PUDA A= 3.W Coiber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20200000564 Collier County Contact Information: Name Review Discipline Phone Email ❑ David Anthony Environmental Review 252-2497 david. anthony@colIiercountyfLgov ❑ Claudine Auclair GMD Operations and Regulatory Management 252-5887 claudine.auclair@colliercountyfl.gov ❑ Sally Ashkar Assistant County Attorney 252-8842 sally.ashkar@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ❑ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov L� Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Craig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Alexandra Casanova Operations Coordinator 252-2658 Alexandra.casanova@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov Thomas Clarke Operations Coordinator 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Prin. Environmental Specialist 252-6290 Jaime.cook@colliercountyfl.gov ❑ firic Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov Tim Finn, AICP Zoning Division 252-4312 timothy.finn@colliercountyfl.gov ❑ Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov ❑ Jeremy Frantz LDC Manager 252-2305 Jeremy. Frantz@colliercountyfLgov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov ❑ Nancy Gundlach, AICP, PLA Zoning Division 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Richard Henderlong Principal Planner 252-2464 rchard. hen derlong@colliercountyfLgov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov ❑ Erin Josephitis Environmental Specialist, Senior 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov ❑ Diane Lynch Operations Analyst 252-8243 diane.lynch @colliercountyfLgov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Updated 7/11/2019 Page 1 4 of 5 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov ❑ Matt McLean, P.E. Development Review Director 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Annis Moxam Addressing 252-5519 annis.moxam@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov ❑ Brandy Otero Transit 252-5859 bran dy.otero@coIliercountyfLgov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard @colliercountyfLgov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire.com ❑ Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblum@colliercountyfl.gov ❑l James Sabo, AICP Zoning Principal Planner 252-2708 james.sabo@colliergo.net Ln Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Chris Scott, AICP Development Review - Zoning 252-2460 chris.scott@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov ❑ Camden Smith Zoning Operations Manager 252-1042 camden.smith@colliercountyfl.gov ❑ Mark Strain Hearing Examiner/CCPC 252-4446 mark.strain@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Jessica Velasco Zoning Division Operations 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov ❑ David Weeks, AICP Comprehensive Planning Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-5518 1 kirsten.wilkie@colliercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email r G 1N CVt�.swar,�Ml }¢ultci6�' S- 465 1C 4t4-$0 . ,%vt6SON E.VV T�t4lG+at� Vrl)Sor �vc.�rvaanaNG C&A ffWWTi'-1. s, r 9maif/ T rl c (a rT aG ASS / C.4 f,Du! Cu $t LLo5 �r rt/dieS i• ,ou , 1vvoLV1'ee l� 5 S ,N 1111i tON.V �U.wl�'WI.q+V — rttiw q-lk6L,�&64-- A Updated 7/11/2019 J Page 1 5 of 5 t d' Co Yer COUnty Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20200000564 — Bembridge (PUDA) — Tim Finn PRE-APP Assigned Ops Staff: Amanda Martin Jessica Velasco,(Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Jessica Harrelson, AICP Davidson Engineering, Inc. 239.434.6060 jessica@davidsonengineering.com • Agent to list for PL# Jessica Harrelson, AICP — Davidson Engineering, Inc. • Owner of property (all owners for all parcels) Collier County • Confirm Purpose of Pre-App: (Rezone, etc.) Amendment to the Bembridge PUD (Ordinance 2005-46) • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 16 units an acre. Density to be calculated over the entire County -owned parcel of 5.11-acres (pending survey) for ±82 apartments. The southern 1.33-acres of the property will be developed as a County pump station. Base Density — 4 u/a Affordable Housing Density Bonus —12 u/a • Details about Project: The future Bembridge apartments, located on county -owned property along Santa Barbara Boulevard just north of Davis Boulevard, will be an 82-unit apartment community that will serve residents of Collier County earning between 30 and 80 percent of the county's area median income. The community will provide a mix of one, two and three -bedroom apartments and feature a clubhouse, pool, and fitness center, along with various resident services and programs. In July 2019 the BCC through entered into a public/private partnership with McDowell to develop affordable housing on the site. The existing PUD will be amended to upd,gvelopment standards and density for the subject parcel. Zoning Division • 2800 North Horseshoe Drive • Naples, Florida 34104.239-252-2400 - w ivwr.colhergov.net REQUIRED Supplemental Information provided by: Name: Jessica Harrelson, AICP Title: Senior Planner Email: jessica@davidsonengineering.com Phone: 239.434.6060 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor dannv.condomina@colliercountvfl Phone: 239-2S2-6866 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Zoriing Division • 2800 North Horseshoe Drive • Naples, RoWa 34104.239-252-2400 • www.cdiagov.net MCDOWELL +�(JU:iIYh 1'nu i NF fds SANTA BARBARA BLVD. 5, 10 1 1 1( J 1 \I'- m SITE PLAN BEMBRIDGE PUD SANTA BARBARA FAMILY APARTMENTS COLLIER COUNTY, FLORIDA 3-27-2020 Ic. t 1 ~ LIFT• r o LIFT. J TATI N z STORMWATER RETENTION POND li MJGLEBERG MCH ARCHITECTURE. PLANNING. URBAN DESIGN AA26002103 EXISTING SITE AREA: 3.55 Ac PROPOSED SITE AREA: 3.78 Ac (approx.) PROPOSED USE: MULTIFAMILY BUILDINGS A:41 UNITS GHT: 3 STORY UNITS PARKING 1 BED: 22 1+.75 = 39 2 BED: 48 1+ 1 = 96 3 BED: 12 1 + 1 = 24 TOT: 82 159 ARKING PROVIDED 169 SPACES N -4 SCALE: 1' = 50' 0110, 50' 100, Co4her County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM I 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 L7 c 'CI l.C1 ILC%t' VI �>U(-II Hn Uer UsA: Name and Address % of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the ercentage or stocK owned by each: Name and Address % of Ownership If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the CI I.CIIIdb'C UI IHU21esL: I Name and Address I % of Ownership I Created 9/28/2017 Page 1 of 3 Co*r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliereov.net (239) 252-2400 FAX: (239) 252-6358 d. If the orooerty is in the name of a GFNFRAI or I WITH) PARTNFRCHIP list tha names of the eneral and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE. with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the itticers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or of`° I mci z), n d wi Pur duun, Pdrmer5n1P, or trust: Name and Address g. Date subject property acquired ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 cover County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Date option terminates: . or Anticipated closing date: I AFFIRM PROPERTY OWNERSHIP INFORMATION I 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: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date Created 9/28/2017 Page 3 of 3 Co er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.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.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 ❑ Completed Application with required attachments (download latest version) 1 Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing 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 project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 [ ❑ Statement of Utility Provisions 1] ❑ 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 FE6. lv&L Qe CoU.QcTQt, gfT,Me OF P14D Sw 11114 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 Q ❑ Electronic copy of all required documents 1 ❑ 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 February 1, 2019 Page 9 of 11 CAT County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.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 ❑ rx ❑ Original PUD document/ordinance, and Master Plan 24" x 36" —Only if Amending the PUD ❑ W ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ Q *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement 'The following exhibits are to be completed on a separate document and attached to the application packet: d Exhibit A: List of Permitted Uses d Exhibit B: Development Standards 2' Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code d Exhibit D: Legal Description 1 Exhibit E: List of Requested LDC Deviations and justification for each C� Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS — INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ® School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ® Utilities Engineering: Eric Fey Wr Parks and Recreation: Barry Williams (Director) 5J Emergency Management: Dan Summers ❑ Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities ❑ I Other: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 ❑ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑ Transportation Review Fees: c Methodology Review: $500.00 3y Eih&v- QeQutQ,sfl 3y STAFF *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 February 1, 2019 Page 10 of 11 Co) ler County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net P"'�Legal Advertising Fees: grCCPC: $1,125.00 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 not listed, but 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 Printed named of signing party Date February 1, 2019 Page 11 of 11 Environmental Data for PUDA APPENDIX 6 Earth Tech Environmental Staff Qualifications Earth Tech Environmental, LLC www.eteflorida.com JEREMY STERK, C.E.P. Partner \ Principal Ecologist Mr. Sterk has been an environmental consultant in Southwest Florida since 1994 and has worked on projects throughout Collier, Lee, Hendry, Desoto, Glades, and Charlotte counties. His varied experience spans marine, upland, and estuarine habitats and includes extensive work with a wide variety of listed species. Relevant Experience In addition to authoring dozens of habitat and species management plans, in 2007, Jeremy co-authored the first habitat conservation plan (HCP) in the nation to address incidental take issues for both red cockaded woodpeckers (RCW) and Florida panther on the same property. In 1998, he wrote an ecological assessment computer model for the South Florida Water Management District as part of the South Lee County Watershed Study. Early in his career, Jeremy was the principal investigator of a field research project in the Bahamas that utilized telemetry tracking to study the swimming speed of sub -adult lemon sharks. Jeremy's work experience includes: FWC Approved Shorebird Monitor USFWS Bald Eagle Monitor Vegetation & Habitat Mapping USFWS Section 7 & Section 10 Permitting Water Use Monitoring & Compliance Preserve Management Plans RCW Surveys & Habitat Evaluations Environmental Land Use Planning e: jeremys@eteflorida.com Native Vegetation Restoration Plans t: 239.304.0030 Site and Aerial Photography m: 239.595.4929 Scrub Jay Surveys Mangrove Assessments & Restorations Hard Bottom & Soft Bottom Benthic Surveys Years Experience Artificial Reef Deployments 26 years Certifications/Credentials ■ Certified Environmental Professional Education/Training Environmental Professionals Environmental Resource Permitting (ERP) Turbidity Monitoring Wetland & Water Level Monitoring Environmental Impact Statements (EIS) Project Management GIS / GPS Mapping & Exhibits Phase 1 Environmental Site Assessments Phase II Environmental Site Assessments Lake Management Plans Due Diligence Reports Wetland Jurisdictional Determinations Bonneted Bat Surveys Seagrass Surveys Manatee Observer #1692037, Academy of Board Certified B.S. Aquatic Biology ■ Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise St. Cloud State University Agent (Permit No. GTA-09-00192) (1994) . Florida Fish and Wildlife Conservation Commission Burrowing Owl Registered Agent (No. RAG-18-00080) ■ PADI Research Diver Certified Professional Affiliations 0 SSI Nitrox Diver Certified Florida Association of Environmental Professionals — member since January 1995; Academy of Board Certified served on the Board of Directors for the Southwest Florida Chapter from (2008 — Environmental Professionals 2012). Past Secretary, Vice President, & President. #16992037 0 State of Florida Real Estate License (2003 to Present) Appointed by the Collier County Board of County Commissioners to: Florida Association of . Conservation Collier Land Acquisition Advisory Committee, Chairman of the Environmental Professionals Lands Evaluation and Management Subcommittee. (2009 to 2014). (FAEP) • Collier County Development Services Advisory Committee (DSAC) (2015 to Present). • FWC Local Rule Review Committee (Manatee Protection Speed Zones) (2016). Publications Sundstrom, L.F., J. Sterk, & S.H. Gruber. 1998. Effects of a speed -sensing transmitter on the swimming speed of lemon sharks. Bahamas J. Sci. 6 (1): 12-22. 1 EARTH TECH ENVIRONMENTAL 239.304.0030 1 www.eteflorida.com M JENNIFER BOBKA Ecologist e: jenniferb@eteflorida.com t: 239.304.0030 m: 406.579.4616 Ms. Bobka joined Earth Tech Environmental, LLC (ETE) in 2016 as an Ecologist with more than 9 years of private and public sector experience in the environmental field. As an Ecologist, Jennifer fulfills duties in environmental consulting, wetland & wildlife monitoring, species surveys and management plans, Florida bonneted bat acoustic surveys, GIS mapping, and ERP permitting. 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 plants and wildlife, with a special interest in threatened and endangered species. She is also an experienced environmental educator and Florida Master Naturalist. Jennifer's work experience includes Vegetation and Habitat Mapping Bald Eagle Monitoring Shorebird Monitoring Protected Species Surveys Bat Acoustic Surveys Species Management Plans Submerged Resource Surveys Turbidity Monitoring Wetland Determinations Monitoring Well Installation Water Level Monitoring GIS Mapping Phase I ESAs Environmental Resource Permitting (ERP) Natural Resource Management Trail Maintenance Seagrass Surveys Mechanical and Manual Forest Fuel Reduction Years' Experience Wetland Preserve Monitoring Small Watercraft Operations 9 years Invasive and Exotic Species Mapping Ecological Restoration Wildfire Assessments Environmental Education & Outreach Education/Training B.A. Environmental Studies Montana State University Relevant Certifications/Credentials (2009) CPR/First Aid/AED, American Safety & Health Institute, 2020 Marine Biology & Coastal Ecology Florida Master Naturalist, OF/IFAS, 2019 Study Abroad, Costa Rica (2007) Nitrox Certified SCUBA Diver, SCUBAdventures, 2018 Python Responder Certified Interpretive Guide, National Association of Interpretation, 2016 The Nature Conservancy (2015) PADI Open Water SCUBA Diver, SCUBA Outfitters of Naples, 2012 Sawyer Training Wilderness First Responder, SOLO Schools, 2009 US Forest Service (2010) Professional Affiliations Florida Native Plant Society (FNPS) Florida Association of Environmental Professionals (FAEP) earth Teoh C League of Environmental Educators of Florida (LEEF) 239.304.0030 www.eteflorida.com Environmental, LLC Environmental Data for PUDA APPENDIX C Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com BEMBRIDGE PUD Protected Species Survey SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Davidson Engineering ,a,L 4365 Radio Road, Suite 201 RIM, Naples, FL 34104 www.davidsonengineering.com Prepared By: c Z- 10600�Earth Tech Environmental, LLC Jolea Avenue 17 Bonita Springs, FL 34135 '�Lq' 239.304.0030 E"""°"'"p'm'• LC www.eteflorida.com June 12, 2020 Protected Species Survey TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................................. 5 2.0 PROPERTY LOCATION................................................................................................................... 5 3.0 SPECIES SURVEY MATERIALS & METHODS...................................................................................5 4.0 EXISTING SITE CONDITIONS.......................................................................................................... 6 5.0 RESULTS......................................................................................................................................10 6.0 SUMMARY...................................................................................................................................16 7.0 REFERENCES................................................................................................................................17 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect Map & Field Results Figure 6 Florida Bonneted Bat Consultation Area Figure 7 Florida Panther Information Figure 8 Wood Stork Foraging Information Figure 9 Florida Black Bear Information Figure 10 Bald Eagle Information Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a search for listed species on the property referred to as Bembridge PUD (Subject Property) prior to development. This assessment was conducted by ETE on April 14, 2020 to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. 2.0 PROPERTY LOCATION The Subject Property for this report consists of a single parcel (Folio # 00400246406). The Subject Property is located on the east side of Santa Barbra Boulevard, just north of Davis Boulevard in Collier County, Florida. According to the Collier County Property Appraiser's website, the Subject Property totals approximately 5.11 acres. See Figure 1 below for a location map. �/ � A KSONVILLE ORLAW� ,EAR,WAT�R ER SBURG CORAL RCKE PIN J - "COLLIER ' N COUNTY Figure 1. Site Location Map ai FAN"" PROPERTY 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 2020) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in (Figures 3 & 4). The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: Earth Tech Environmental, LLC www.eteflorida.com 9 Protected Species Survey ❖ "Florida's Endangered Species, Threatened Species & Species of Special Concern -Official Lists", December 2018. ❖ "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 listed species or signs of listed species. This is accomplished using a series of transects throughout each vegetation community (see Figure 5). 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 Table 3), particular attention was paid to the presence or absence wading birds. Florida bonneted bat, Florida black bear and Florida panther were also considered. Approximately three (3) man-hours were logged on the Subject Property during this species survey (see Table 1). TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY START END NO. MAN DATE TASK TIME TIME ECOLOGISTS HOURS April 14, 2020 9:30 am 12:30 pm 1 3.0 Species Survey Fieldwork 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the high 80's. Cloud cover varied, but was mostly absent. The Subject Property is vacant and vegetated, with a combination of wetland and upland communities. Large amounts of exotic vegetation are present throughout the property. The property is surrounded by development on all sides, with Santa Barbra Boulevard running along the western property boundary. See Figure 2 below for an aerial map. The Subject Property has the following surrounding land uses: North Road Access/School East Pond/School South Fire Station/Commercial West Santa Barbra Boulevard Earth Tech Environmental, LLC www.eteflorida.com 4 Protected Species Survey Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 and 4). 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 & II species that may be found on the Subject Property. Category I & 11 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, Caesarweed, and air potato. Levels of exotic density were mapped by using field observations and photo interpretation as shown in Figure 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. TABLE 2. ACREAGE PER FLUCCS COMMUNITY FLUCCS CODE DESCRIPTION ACREAGE 513 Ditch 0.09 619 Exotic Wetland Hardwoods 3.04 641-E2 Freshwater Marsh (26-50% Exotics) 0.82 740 Disturbed Land 1.16 Site Total: 5.11 Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey 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 Figure 3. FLUCCS Map with Aerial Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Nme.- s�ce�_v,�aF,ry anui�nen trorr wm�==-on eneineennc 0 75 150 300 Feet 513 619 541-F2 Figure 4. FLUCCS Map 740 Subject properly FLUCCS Mapping 513, Ditch 518, Exotic Wetland Hardwoods 641-E2.. Freshwater Marsh (26-50% Exotics) 740, Disturbed Land FLUCCS 513, Ditch A ditch is located parallel to the western property boundary. It contains standing water bordered by Carolina willow (Salix caroliniana). FLUCCS 619, Exotic Wetland Hardwoods This community is found throughout the majority of the property. It consists of dense Brazilian pepper (Schinus terebinthifolia) with lesser amounts of earleaf acacia (Acacia auriculiformis) and scattered cabbage palm (Saba) palmetto). Groundcover consists of sedges (Cyperus spp.), dog fennel (Eupatorium capillifolium), balsam apple (Momordica charantia) and a variety of vines, with cogon grass (Imperata cylindrica) and torpedograss (Panicum repens) along the edges. FLUCCS 641-E2, Freshwater Marsh (26-50% Exotics) This community is found in the southern portion of the property. It is largely void of canopy -level vegetation. The understory contains small earleaf acacia, Carolina willow, sedges, golden rod (Solidago sempervirens), lobelia (Lobelia spp.), and cogon grass. FLUCCS 740, Disturbed Land This community consists of previously cleared areas which border the east and west property boundaries. They are heavily inundated with exotic vegetation including canopy level Brazilian pepper. Groundcover consists of ragweed (Ambrosia artimisifolia), dog fennel, Spanish needle (eidens alba), balsam apple (Momordica charantia), and grapevine (Vitis rotundifolia). Earth Tech Environmental, LLC www.eteflorida.com 7 Protected Species Survey The various listed species which may occur in the corresponding FLUCCS communities are shown below in Table 3. TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS CATEGORY FLUCCS POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC OR FDACS FWS 513 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Snail Kite Rorstrhamussociabilis E E Tricolored Heron Egretta tricolor T Wood Stork Mycteria americana T T 619 NONE 641 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T Florida Bonneted Bat Eumops floridanus Florida Sandhill Crane Grus canadensis pratensis T Little Blue Heron Egretta caerulea T Reddish Egret Egretta rufescens T Snail Kite Rorstrhamussociabilis E E Tricolored Heron Egretta tricolor T Wood Stork Mycteria americana T T 740 Burrowing Owl Speotyto cunicularia T Gopher Tortoise Gopherus polyphemus T 814 NONE Abbreviations Agencies: FDA CS = Florida Department of Agriculture and Consumer Services FWC = Florida Fish & Wildlife Conservation Commission FWS = United States Fish and Wildlife Service 5.0 RESULTS Status: CE = Commercially Exploited E = Endangered SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance All relevant species observed on the Subject Property are detailed in Table 4 and any listed species observed are specifically noted. See Figure 5 below for transects and field results. Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey Figure 5. Transect Map & Field Results TABLE 4. SPECIES OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS Mourning Dove zenaida macroura DV N MAMMALS Black Rat Rattus rattus DV N Eastern Cottontail Sylvilagus floridanus DV N REPTILES Brown Anole Anolis sagrei DV N AMPHIBIANS NONE PLANTS NONE * = protected species Abbreviations Observations: C = Cavity DB = Day Bed DV = Direct Visual HV = Heard Vocalization(s) MT = Marked Tree Observations: N = Nest OH = Observed Hole/Burrow OT = Observed Tracks R = Remains S = Scat Status: CE = Commercially Exploited FE = Federally Endangered FT = Federally Threatened SE = State Endangered SSC = Species of Special Concern ST = State Threatened Earth Tech Environmental, LLC www.eteflorida.com Protected Species Survey The Subject Property does have community types in which listed species could reside. Below are discussions of listed species that could potentially utilize the site. During permitting, the following listed species concerns may be raised by the agencies: Figure 6. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridana) (FBB) The Subject Property falls within the United States Fish & Wildlife (USFWS) Florida Bonneted Bat Consultation Area (see Figure 6 above). During the species survey, a tree to tree cavity survey was also conducted and no potential tree/bat cavities were observed. The Subject Property is surrounded by development on all sides. Prior to development or permitting activities, USFWS will likely not require acoustic surveys to further determine presence or absence of FBB roosts or foraging on the property. Earth Tech Environmental, LLC www.eteflorida.com 10 Protected Species Survey Figure 7. Florida Panther Information Florida Panther (Felis concolor corgi) The Subject Property does not fall within the USFWS Florida Panther Habitat Zones or Consultation Area. See Figure 7 for Florida panther information as it relates to the Subject Property. Consultation with the USFWS will likely not be necessary for Florida panther. Earth Tech Environmental, LLC www.eteflorida.com 11 Protected Species Survey (.OLDEN GATE aLVD W 7 — 1, SEAG ATE DR PINE RIDGE RD PINE RIDGE RD YXT 1 o i s — y o° ,am GREEN BLUD a - w + 7; a w Q j Z�> q GOLDENoATEPKY ,�! N a RADIO RD z '�,• J J ,`\••.\ ��� maw �m -.•.g:;6 ,gipO DAVIS BLVD P �. � m , �•• RATTLESN,AKE HAMMOCK RD o TgA_r mO Z ood stork dares nNelarest available lmmeM1e uanad star.. FnM1awodurasamma lusFwg �RDT� ,�� LIES 9W0,0 Property �: Wood 51erk Colonies (USF WS through 2018) � Q (;, �=18,6-Mile Core Foraging Areas J J �•. 0 salawlaa cnomy E—daries Figure 8. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property falls within the core foraging area (estimated at 18.6 miles) of at least one (1) wood stork colony in Collier County (see Figure 8). Consultation with USFWS may be necessary for wood stork and wood stork foraging if wetlands will be impacted on the property. Earth Tech Environmental, LLC www.eteflorida.com 12 Protected Species Survey b, lla ble by Florida FISH 8 Wildlife Cammis nlFV4C 201©1 7111i� kl ile Radius Q Subject Properly • Black Bear Related Calls (FWC 2C16 2018) FWC Black Bear Range Florida (20161 Black Bear Presence Aanndam =Common Occasional Rare U., • . • • i • • • • _J ADKINSAVE• • - AVE Figure 9. Florida Black Bear Information T Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within the Florida Fish & Wildlife Conservation Commission's (FWC) mapped range for Florida black bear. Telemetry points from tagged bears have been documented in the vicinity of the Subject Property. See Figure 9 for black bear mappings as they relate to the Subject Property. The County may require the Client to implement FWC-approved bear -proof waste receptacles and education measures on the property. Earth Tech Environmental, LLC www.eteflorida.com 13 Protected Species Survey Figure 10. Bald Eagle Information Bald Eagle (Holiaeetus leococepholus) The Subject Property does not fall within 0.50-miles of any FWC documented bald eagle nests. See Figure 10 for bald eagle mappings as they relate to the Subject Property. 6.0 SUMMARY No listed species or signs of listed species were observed on the Subject Property. The small size of the property and surrounding development likely preclude most wildlife usage. Earth Tech Environmental, LLC www.eteflorida.com 14 Protected Species Survey 7.0 REFERENCES Atlas of Florida Plants. Institute for Systematic Botany. https://florida.plantatlas.usf.edu/ Ashton, Ray E. and Patricia S. "The Natural History and Management for the Gopher Tortoise." Krieger Publishing Company. Malabar, Florida. 2008. Collier County Property Appraiser. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. "Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large -Scale Development in Florida." Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl file/062015-Ifwm- 055.s2. odf?code=ufws-site FLEPPC 2019 List of Invasive Plant Species. Florida Exotic Pest Plant Council. https://www.fleppc.org/list/list.htm "Florida's Endangered and Threatened Species"- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2018. http://mvfwc.com/media/1515251/threatened-endangered-species.pdf http://mvfwc.com/imperiledspecies/ Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanuall999.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, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorid a.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants Earth Tech Environmental, LLC www.eteflorida.com 15 Environmental Data for PUDA APPENDIX D Full Page Exhibits Earth Tech Environmental, LLC www.eteflorida.com L�b SU Project Bembridge PUD Collier County, Florida EARTH TECH ENVIRONMENTAL, LLC 10600 JOLEA AVENUE Map Type Location Map BONITA SPRINGS, FLORIDA 34135 PHONE (239) 304-0030 Date — 06/10/20 FAX (239) 324-0054 arch Te�� Environmental, LLC WWW.ETEFL0RIDA.00M Project Map Type — Date march rec,� Bembridge PUD Collier County, Florida Aerial Map 7/30/20 Environmental, LLC EARTH TECH ENVIRONMENTAL, LLC 10600 JOLEA AVENUE BONITA SPRINGS, FLORIDA 34135 PHONE (239) 304-0030 FAX (239) 324-0054 WWW.ETEFLORIDA.COM Project Map Type Date march rec,� Bembridge PUD Site Plan 7/30/20 Collier County, Florida Environmental, LLC EARTH TECH ENVIRONMENTAL, LLC 10600 JOLEA AVENUE BONITA SPRINGS, FLORIDA 34135 PHONE (239) 304-0030 FAX (239) 324-0054 WWW.ETEFLORIDA.COM Project Map Type — Date in Tee Bembridge PUD Collier County, Florida Preserve Area Map 8/3/20 Environmental, LLC EARTH TECH ENVIRONMENTAL, LLC 10600 JOLEA AVENUE BONITA SPRINGS, FLORIDA 34135 PHONE (239) 304-0030 FAX (239) 324-0054 WWW.ETEFLORIDA.COM DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT For Bembridge PUD (Santa Barbra Boulevard, Collier County, Florida) June 15, 2020 Revised July 8, 2020 County IIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Small -Scale Study) Review Fee =$0.00 Prepared by: 5,m ocuSigned by: t,S �°jcun,�S JMB TRANSPORTATION ENGINEERING, INC. 519D67 f?AV7F . 471 1 7TH AvENUE SW NAPLES. FL❑RIDA 341 1 9 CERTIFICATE OF AUTHORIZATION No. 27830 (PROJECT NO. 200312) JAM FL❑I *�\t1%liftItfjPrrrr:.' 0 - O '� ' � e � T r BAfly �j'ED AV �� r�1 TE rdfPlllIE SY YY\\\ DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB TABLE OF CONTENTS Conclusions 2 Methodology 2 Scope of Project 2 Table A - Proposed Land Use 2 Figure i - Project Location & E+C Road Classification 2.1 Master Concept Plan 2.2 Project Generated Traffic 3 Table B - Net New Trips Generated 3 Table I - Trip Generation Computations 3.1 Existing + Committed Road Network 4 Project Traffic Distribution 4 Area of Significant Impact 4 Figure 2 - Project Traffic Distribution 4.1 Table 2 - Area of Impact/Road Classification 4.2 Figure 3 - Project Traffic Assignment 4.3 Site Access Conditions 5 Table C — Site Access Improvements 5 2019 thru 2023 Project Build -out Traffic Conditions 6 Table 3 - 201.9 & 2023 Link Volumes 6.1 Table 4 - 2023 Link Volumes/Capacity Analysis 6.2 Appendix 7 1 DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB Conclusions Based upon the findings of this report, it was determined that the proposed Bembridge PUD will not have a significant or 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 associated with the proposed residential community that will consist of 82 multi -family dwelling units and associated amenities. As determined, the road network will continue to operate at acceptable levels of service for the foreseeable future and the project will not create any off -site transportation deficiencies that need to be mitigated. Site Access The project proposes to construct one (1) right-in/out access on Santa Barbara Boulevard, which will require a right -ingress turn lane to be constructed pursuant to Collier County Government's minimum design standards. Methodology On April 4, 2020, a Traffic Impact Statement (TIS) Methodology Report was submitted to the office of Collier County Transportation Planning Department. The $500.00 methodology meeting fee will be paid at the time of submitting the zoning application. A copy of the approved TIS methodology has been provided in the appendix (refer to pages M 1 thru MI 1). Scope of Project Bembridge PUD is a proposed residential community that will consist of 82 multi -family dwelling units. The site is located on the east side of Santa Barbara Boulevard and approximately 1,000 feet north of Davis Boulevard, within Collier County. It is expected that the project will be completed by the year 2023. Table A Proposed Land Use Proposed Land Use Number of Units Multi -Family 82 d.u.'s 2 DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB N� I I ��r�: I Devonshire B1v� Radio Road I Davis Boulevard — — — — — — — — — — — — — — — — — — — — — — — —--- ----------..._—_—.,__ v I ' °� o� I 01 Davis Boulevard — — — — — — — — — — — — — — — — — — — --- -- I NORTH I N.T.S. 0 n vl b 61 0 I Q _0 QI �I Qof L ml a m al En G I 0 I Ii s I 1 N ` Rattlesnake Hammock — ---------------- — — — — — — — — — + PIZ/ ♦ �� 'a� LEGEND 6-LANE ARTERIAL 4-LANE ARTERIAL/COLLECTOR 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD --- %fMTRANSPORTATION ENGINEERINC3, INC. Bembridge PUD April 4, 2020 Project Location & Roadway Classification FIGURE 1 SANTA BARBARA BL AD (160'PU&IC RIOH7-OF-WAY) s• wix sw[wax J `- F ------------------ I xvr an LEl r•- . I . III 7MRACT III t sM' It{I Ifl I I , I,vn�-•-swueouuusc.,rEeuFrar r LEGEND m r..m suxr.er PLANNING NOTES mrxc- untnu 9µerc Kwm fzaxnl: exr (�wwtl' W,'� s!cae .wuub mi�erm smart (WMT.� SIINCNaL1: W' x T x x +t I I. 1:wwAa�sPn�s - - e'Kia• PAxw� ` �'a M1M P�FkM'C zITNj Fl1U�gW ' �a•xrs, aiamsrga i I e euFcae "TRACT S•' FJ4 .1. PARKING REQUIREMMTS: ao.ax« � F. wr . n:s Harz war rox •.�mma rra�urc . ae araHm savxs ., arnnoor mac ra wr . � n.rt iaer rcx rrmw n¢ar.. ,a xp�,ae ee.nc. SITE ! LAND USE SUMMARY iwewbw STALE ,:ZY ww swM[ r �t �9r ire .tMkY 4P.Os BMFT NJ wA6CTGv (`Ylwlr DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB 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, I Oh Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was determined that land use code "Multi -Family" (LUC 220) was most appropriate for the purpose of estimating the trips associated with the RPUD. As determined, Bembridge PUD will generate 40 vph and 50 vph during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the total new trips. Table B provides a summary of the trip generation computation results that are shown in Table 1, Table B Site -Generated Trips (Summation of Table 1) Daily Weekday AM Peak Hour PM Peak Hour Trips Generated Trips Generated Trips Generated ADT} (vph) h 579 40 50 The report concludes that the project will generate no more than 50 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 "no more than 50 trips", which is defined as a small-scale study. DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB TABLE 1 TRIP GENERATION COMPUTATIONS Bembridge PUD Land Use Code Land Use Description 220 Multi -Family (Low Rise) Land Use Code Trip Period LUC 220 Daily Traffic (ADT) _ AM Peak Hour (vph) = PM Peak Hour (vph) = Build Schedule 82 Units Trip Generation Equation T = 7.56(X) - 40.86 = Ln(T) = 0.95Ln(X)-0.51 = 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 = 63% Enter/ 37% Exit = Total Trips Trips_Enter/Exit 579 ADT 40 vph 9 / 31 vph 50 vph 32 / 18 vph 3.1 DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB Existing + Committed Road Network Figure I and Table 2A provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's area of influence. Santa Barbra Boulevard Santa Barbara Boulevard varies from a four -lane to a six -lane major arterial that has a north/south orientation between its southern terminus at its intersection with Rattlesnake Hammock Road and its northern terminus at its intersection with Green Boulevard where the roadway continues north to Immokalee Road and is known as Logan Boulevard. Between Golden Gate Boulevard and Rattlesnake Hammock Road, Santa Barbara Boulevard is classified as a six -lane divided arterial having a maximum service capacity of 3,100 vphpd. Within proximity of the site, the posted speed limit of Santa Barbara Boulevard is 45 MPH. Rattlesnake Hammock Road Rattlesnake Hammock Road varies from a four -lane to a six -lane divided arterial that has an east/west orientation between its eastern terminus that extends past its intersection with C.R. 951 and its western terminus at its intersection with U.S. 41. Davis Boulevard Davis Boulevard varies from a four -lane to a six -lane divided arterial that has an cast/west orientation between its eastern terminus at its intersection with C.R. 951 and its western terminus at its intersection with U.S. 41. 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., nearby businesses and recreational features, as well as growth trends for the surrounding areas. Table 2 and Figure 2 provide a detail of the traffic distributions to the adjacent road network. Figure 3 depicts the site -generated turning movements at the project's access on Santa Barbara Boulevard for AM and PM peak hours. 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 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the projects area impact are shown in Table 2. Cl DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB � I 1-75 of I Devonshire Blvd Radio Road 1q► I 5--► Davis Boulevard — — — — — — — — — — — — — — — — — — — — — — — —--- —_.r...____--,,.-- OI / a � o I /' Ln Davis Boulevard ____________________r-- ` Rattlesnake Hammock �--- a---------- A' a oy% LEGEND Oi - D% . PROJECT TRAFFIC DISTRIBUTION BY JMTRANSPORTATMN ENGINEERING, INC. Bembridge PUD Project -Generated FIGURE 2 1 4, 2020 Traffic Distribution KV Project Traffic Peak Direction (vphpd) = Project Traffic Non -Peak Direction (vph) _ 15.0 Davis Boulevard County Barn to Santa Barbara 0 0 0 c cQ m m TABLE 2 PROJECTS AREA OF IMPACT D cn N C7 v 32 Entering n 18 Exiting 0 Cn 70.0 Radio Road Livingston to Santa Barabara 71.0 Santa Barbara to Davis Blvd 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pkwy 77.0 Golden Gate Pkwy to Radio Rd 78.a Radio Rd to Site 78.b Site to Davis Blvd 79.0 Davis to Rattlesnake +1 N m n 0 LOS Service Project Project co PK Dir. PK Direction Project Pk Hr Project Pk Hr Project w Road Serv. Vol. Volume Traffic PK Dir Pk Hr Non-PK Dir Non -Pk Impact Percent w Significan N Class LOS v (phod) % Dist. v ( phpd) Pk Dir (vph) DiR Standard Impact Impact w 4D D 2200 35.0% 11 E 6 w 2% 0.51 % _ No n 4D D 1800 5. D% 2 E 1 w 2% 0.09% No 4D D 1800 2.0% 1 w 0 E 2% 0.04% No 4D D 2100 10% 3 S 2 N 3% 0.15% No 6D E 3100 30% 10 S 5 N 2% 0.31 % No 6D E 3100 50.0% 16 S 9 N 2% 0.52% No 6D E 3100 50.0% 16 N 9 S 2% 0.52% No 6D E 3100 15.0% 5 N 3 S 2% 0.15% No DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB L 1 4% O M m NORTH N.T3, l' AM 31 PM 18 Site Access Site —Generated Trips AM Peak Hour = 9 enter/31 exit a PM Peak Hour = 32 enter/18 exit rn s LEGEND AM 35 : PM 34 -----► Project Traffic Assignment %MTRAN9PORTATI❑N ENGINEERIN❑, ING. Bembridge PUD Project -Generated FIGURE 3 Traffic Assignment July 8, 2020 DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB Site Access Conditions The project proposes to construct one (1) right-in/out access on Santa Barbara Boulevard, which will require a right -ingress turn lane to be constructed pursuant to Collier County Government's minimum design standards. Santa Barbara Boulevard has a posted speed limits of 45 MPH. Based upon FDOT's Standard Index No. 711-001, the total taper + deceleration lane will need to be 240' in length. The right turn lane is a free -flow condition, so no turn vehicle storage is required. Table C 01tc r%a:Veaa 11M Intersection Site Access @ Santa Barbara Blvd is NB Right Ingress Turn Lane Req. Decel+ Taper = 240' Req. Storage = 0' 5 DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB 2019 thru 2023 Project Build -out Traffic Conditions In order to establish 2019 thru 2023 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 and annual growth rates were derived from the 2019 Collier County AUIR Report. Using the annual growth rate, the 2023 background traffic conditions were determined, which are depicted in Table 3. The second traffic forecasting method was to add the vested trips (trip bank) identified in the 2019 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips 'Y' 2023 background traffic volumes are depicted. in Table 3. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2023 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2019 thru 2023 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. G TABLE 3 2019 & 2023 ROADWAY LINK VOLUMES 15.0 Davis Boulevard County Barn to Santa Barbara 70.0 Radio Road Livingston to Santa Barabara 71.0 Santa Barbara to Davis Blvd 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pkwy 77.0 Golden Gate Pkwy to Radio Rd 78.a Radio Rd to Site 78.b Site to Davis Blvd 79.0 Davis to Rattlesnake Per Vested Trips Methc Per Growth Rate Method 2023 2023 Peak Hour 2019 Growth Peak Hour PK Direction AUIR AUIR Rate PK Direction Trip Background Traffic Pk per Background Bank Per Vested Trips (vphpd) DiR AUIR v{ phpol v h d tvphpol 1410 E 2.00% 1526 184 1594 1120 E 2.00% 1212 27 1147 710 W 2.00% 769 139 849 1620 N 2.00% 1754 0 1620 1960 N 2,65% 2176 54 2014 1420 N 2.49% 1567 241 1661 1420 N 2A9% 1567 241 1661 980 S 4.00% 1146 220 1200 0 0 c Cn cQ m m 0 0 0 0 c cQ m m TABLE 4 2023 ROADWAY LINK VOLUMEICAPACITY ANALYSIS o D cn N C7 v 2023 2023 2023 2023 n 2023 n 2019 Peak Hour Peak Hour Project Project Build -Out Serv. Voi. Build -Out Build-Ou Cp Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hot n CD PK Direction Background Pk Background PK Dir Pk Non-PK Dir Non -Pk PK Dir PK Dir PK Direction PK Directi n (vl2hpd LOS v h d Dir LOS v{ phgd} fir �vph) lair v( nhpd? v{ phpd) v/c Ratio LOS 0 15.0 Davis Boulevard County Barn to Santa Barbara 1410 C 1594 E C 11 E 6 w 1605 2200 0.73 C 00 0 N m 70.0 Radio Road Livingston to Santa Barabara 1120 C 1212 E C 2 E 1 w 1214 1800 0.67 w C n 71.0 Santa Barbara to Davis Blvd 710 B 849 w B 1 w 0 E 850 1800 0.47 B 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pk 1620 D 1754 N D 3 S 2 N 1755 2100 0.84 D 77.0 Golden Gate Pkwy to Radio R+ 1960 C 2176 N C 10 S 5 N 2182 3100 0.70 C 78.a Radio Rd to Site 1420 C 1661 N C 16 S 9 N 1670 3100 0.54 C 78.b Site to Davis Blvd 1420 C 1661 N C 16 N 9 S 1677 3100 0.54 C 79.0 Davis to Rattlesnake 980 B 1200 S B 5 N 3 S 1203 3100 0.39 B V i DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB APPENDIX DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB JM© TRANSPORTATION ENGINEERING, No. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Bembridge PUD (Santa Barbra Boulevard, Collier County, Florida) April 4, 2020 County TIS IC v_ieu'. Fees TIS Methodology Review Fee = $500.00 TIS (Small -Scale Study) Review Fee =$O.00 Prepared by; JMB TRANSPQRTATI©N E:Nr.INEERING, INC- 471 1 7TH AVENUE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE OF AUTHORIZATION No. 27630 (PROJECT NO. 20031 2) JAMES M. ANKS, P.E. DATE FL.ORIO EG. NO. 43960 M i DocuSign Envelope ID: 79A52C67-F0C6-4EF0-8CC3-BC2E31CAAAAB APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:4-4-2020 Time: Location: Collier Caun Government Offices (North Horseshoe Drive 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 Preparer: 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 Reviewers) Reviewer's Name & Title:. Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: Bembrid e� PUD Location: East side of Santa Barbara Boulevard and approximately 1/2 mile north of Davis Boulevard Land Use Type: Multi -Family (82 dwelling units) ITE Code #: LUC 220 Proposed number of development units: 82 dwelling units Other: Description: Zoning: Existing: Vac'mt Comprehensive plan recommendation: Requested: Findings of the Preliminary Study; See the attached G9Users;vnhsx'�eskfapiG{HlIE sf1�`36312 P.zmLrdye�7detfipc'c7�yF'epQri.�nr A2� DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB Study Tyne: Small -Scale TIS Study Area: Boundaries:. Based upon the County`s 2%, 2% & 3% impact rule See attached Additional intersections to be analyzed: None Horizon Year(s): 2023 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, I Oth Edition (Table 1) Reductions in Trip Generation Rates: Pass -by trips: Internal trips (PUp). Transmit use: Other: Horizon Year Rc►adwa Network Improvements: Collier Countv's 5-year CIE. Methodolozy & Assumptions: Non -site traffic estimates, See Attached Site -trip generation: See Table I Trip distribution method: Based upon manual assignment (See Table 2 & Figare 22) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current_AUIR Reports, but not less than 2% or backaround or vested tri s method whichever is greater. C1Usw47rtkM JxsktaplCOLLfER1TRU312 cc . DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB 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 X Minor Study - $750.00 Major Study - $1500.00 Includes 2 intersections Additional Intersections - $500,00 each None All fees will be agreed to during lire Methodology meeting and must be paid to Transportation prior to our sign -off on the application. Reviewers Applicant G'else;sit%�5sw!De.7tnp>.f,ULLfER�20��312 6em#�fiigeV.fethodorogyRepatdac ML DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB 1* l I �75 I ' Devonshire Blvd Radio Road l Davis --------- --- ---------------....,------------ C U ff + , Boulevard l �� -------rLovis l I I NORTH I N.T.S. O 5] I U o O °I � I a mI °I v o n Of 91 m� C v OS vl cI C C o U I G I I x Boulevard ` Rattlesnake HaMMOCk — —��— �----- ------- �`'`■� lA�------ q'; fLEGEND °' 6-LANE ARTERIAL �wr r.wr. +r 'f o I 0 4-LANE ARTERIAL/COLLECTOR — — — — — I 2-LANE ARTERIAL c 7 2-LANE COLLECTOR/LOCAL 0 I U i RAIL ROAD YIIifJTRANSP0RTAT4❑N ENISINEERING, INC. Bembridge PUD Project Location & April 4, 2020 FIGURE IRoadway Classification M 0 MCDOWI LL SANTA BARBARA BLVD, 7— �.. ANCAITEU RE . FLAi1NR16 , URBAN DESIGN - _ AA26()02103 for LIFil STAT3 w s:. LT till m SITE PLAN BEMBRIDGE PUD SANTA BARBARA FAMILY APARTMENTS COLLIER COUNTY, FLORIDA 3-27-2020 fn STflRRAWAT EFi RETENTION POND EXISTING SITE AREA: 3:55 Ac PROPOSED SITE AREA: 3.78 Ac (approx.) PROPOSED USE: MULTIFAMILY UfL€]INGS A: 41 UNITS HEIGHT: 3 STORY EUNITS PARKING II 1 BED: 22 1+.75 = 39 2 BED: 48 1+ 1 = 96 ' 3 BED: 12 1 + 1�24 TOT: 82 159 I IPARKINCC PROVIDED 169 SPACES SCALE: 1' = 50' 50' 11�fl' 0 0 c cn cQ m CD 0 -0 CD I DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB TABLE 1 TRIP GENERATION COMPUTATIONS Bembridge PUD Land Use Code Land Use Description 220 Multi -Family (Law Rise) Land Use Code Trip Period LUC 220 Daily Traffic (ADT) _ AM Peak Hour (vph) PM Peak Hour (vph) = Build Schedule 82 Units Trip Generation Equation T = 7.56(X) - 40.86 - Ln(T) = 0.95Ln(X)-0.51= 23% Enter/ 77% Exit = Ln(T) = 0.89Ln(X)-0.02 63% Enter/ 37% Exit = Total Trips Trips Enter/Exit 579 ADT 40 vph 9 / 30 vph 50 vph 32 / 18 vph M-1 0 c Cn cQ m m 0 a TABLE 2 0 PROJECT'S AREA OF IMPACT Lo Project Traffic Peak Direction (vphpd) = 32 Entering Project Traffic Non -Peak Direction (vph) = 18 Exiting 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 C Significant IF Class LOS v h d % Dist. v h d Pk Dir v h DiR Standard Impact I_Mpact C 15.0 Davis Boulevard County Barn to Santa Barbara 4D D 2200 35.0% 11 E 6 w 2% 0.51 % No 70.0 Radio Road Livingston to Santa Barabara 4D D 1800 5.0% 2 E 1 W 2% Q 09% No 71.0 Santa Barbara to Davis Blvd 4D D 1800 2.0% 1 W 0 E 2% 0.04% NO 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pkwy 4D D 2100 10% 3 S 2 N 3% 0.15% No 77.0 Golden Gate Pkwy to Radio Rd 6D E 3100 30% 10 S 5 N 2% 0,31 % No 78.a Radio Rd to Site 6D E 3100 50.0% 16 S 9 N 2% 0.52% No 78.b Site to Davis Blvd 6D E 3100 50.00/o 16 N 9 S 2% 0,52% No 7M Davis to Rattlesnake 6D E 3100 15,0% 5 N 3 S 2% 0,15% No 6—O 0 0 c (/) cQ m m 0 a TABLE 3 0 2019 & 2023 ROADWAY LINK VOLUMES Lo Per Vested Trigs Methc Per Growth Rate Method 2023 21123 Peak Hour 2019 Growth Peak Hour PK Direction AUIR AUIR Rate PK direction Trip Background Traffic Pk per Background Bank Per Vested Trips vhd DIR AUIR vhd vhd vvphPdl 15.0 Davis Boulevard County Barn to Santa Barbara 1410 E 2.00% 1526 184 1594 70.0 Radio Road Livingston to Santa Barabara 1120 E 2.00% 1212 27 1147 71.0 Santa Barbara to Davis Blvd 710 W 2.00% 769 139 849 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pkwy 1620 N 2.00% 1754 0 1620 77.0 Golden Gate Pkwy to Radio Rd 1960 N 2.65% 2176 54 2014 78.a Radio Rd to Site 1420 N 2.49% 1567 241 1661 78.b Site to Davis Blvd 1420 N 2.49% 1567 241 1661 79.0 Davis to Rattlesnake 980 S 4.00% 1146 220 1200 0 0 c cQ m m 0 a TABLE 4 0 2023 ROADWAY LINK VOLUMEICAPACITY ANALYSIS D N C7 I I v n O 2023 2023 2023 2023 n 2023 T 2019 Peak Hour Peak Hour Project Project Build -Out Serv. Vol. Build -Out Build -Out m Peak Hour PK Direction Bkgd PK Direction Pk Hr Prjct Pk Hr Prjct Peak Hour Pk Hr Peak Hour Peak Hour 1p PK Direction Background Pk Background PK Dir Pk Non-PK Dir Non -Pk PK Dir PK Dir PK Direction PK Direction n v( PhPd) LOS (vphpol Dir LOS v h d Dir (vph) p it of phudl v h d v!c Ratio LOS m 15.0 Davis Boulevard County Barn to Santa Barbara 1410 C 1594 E C E 6 fit! 1605 2200 0.73 w C 0 ro w 70.0 Radio Road Livingston to Santa Bambara 1120 C 1212 E C 2 E 1 11V 1214 1800 0.67 C n 71.0 Santa Barbara to Davis Blvd 710 B 849 W B I W 0 E 850 1800 0.47 B co 76.0 Santa Barbara Blvd Green Blvd to Golden Gate Pk 1620 D 1754 N D 3 S 2 N 1755 2100 0.84 D 77.0 Golden Gate Pkwyto Radio R 1960 C 2176 N C 10 S 5 N 2182 3100 0.70 G 78.a Radio Rd to Site 1420 C 1661 N C 16 S 9 N 1670 3100 0.54 C 78.b Site to Davis Blvd 1420 C 1661 N C 1i1) N 9 S 1677 3100 0,54 C 79.0 Davis to Rattlesnake 980 B 1200 S B 5 N 3 S 1203 3100 0.39 B DocuSign Envelope ID: 79A52C67-FOC6-4EFO-8CC3-BC2E31CAAAAB v_on—shire�Blvd .—... - -- Radio ► Davis Boulevard — — — — — — — — — — — — — — —— — — � 0� IIII ALI " o ' I 0O' — — — — — — — — — — — — — ,—f--- ----DCe 3�0 Davis Boulevard � I,j 11 _ F I I NORTH I > I , I in o I 0 Y I 0 I a I a I �I I 0 o �I m U 61 � I6 d fI 0, s 0 v 1 ` Rattlesnake Hammock --...._________ I ____...-....---------- -----___� I / LEGEND Cr - 0% PROJECT TRAFFIC DISTRIBUTION BY PERCENT t C � I i TRANSFORTATION %IIML7 ENGINEERING, INC. Bembridge PUD Project -Generated FIGURE 2 April 4, 2020 Traffic Distribution W. r .�,trict Schvoye � a I . ZCollier Cou�''�� Collier County School District School Impact Analysis Application Instructions: Submit one copy of completed application and location map for each new residential project requiring a determination of school impact to the Planning Department of the applicable local government. This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, I. Project Information: Project Name: Bembridge Emergency Services Complex RPUD & CFPUD Municipality: Collier County Parcel ID#: (attach separate sheet for multiple parcels): 00400246406 Location/Address of subject property: East Side of Santa Barbara Blvd (see attached location map) Closest Major Intersection: Davis Blvd/Santa Barbara Blvd (Attach location map) II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Owner: Collier County, a Political Subdivision of the State of Florida Leaser: McDowell Housing Parters (99-Year Lease Agreement) Aqent/Contact Person: Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: 4365 Radio Rd, Suite 201, Naples, FL 34104 Telephone#: 239.434.6060 Fax: N/A Email Jessica@davidsonengineering.com I hereby certify the statements and/or information contained in this application with any attachments submitted herewith are true and correct to the best of my knowledge. _-- I fl ,,. V _ zed Agent tiSigbature III. Development Information 6.18.2020 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Undeveloped Proposed Land Use Designation: Multi -Family Current Zoning: Bembridge Emergency Services Complex CFPUD & RPUD Proposed Zoning No Change Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 32 Total Units Proposed by Type: 82 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: Worksheet is required to be completed by the Applicant only if the project is to be phased: Unit Type Yrl Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF MF 82 MH C G Totals by Yr 82 Grand Total Insert totals by unit type by years. Unit Types: SF = Single Family MF = Multi-Family/Apartments MH = Mobile Homes C = Condo/Co-Op G = Government EXAMPLE: Unit Type Yrl Yr2 Yr3 Yr4 Yr5 Yr6 Yr7 Yr8 Yr9 Yr10 Yr 11-20 20+ Years SF 25 25 25 25 -- -- -- -- -- -- -- -- MF 50 0 0 0 -- -- -- -- -- -- -- -- MH N/A C N/A G N/A Totals by Yr 75 25 25 25 -- -- -- -- -- -- -- -- Grand Total Grand Total 1150 Types of Reviews: School Impact Analysis: This review should be divided into two categories: - School Capacity Review (land use and rezonings), and; - Concurrency Determinations (site plans and subdivisions). School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a review of the impact of the development on school capacity and is considered long range planning. This may be a review resulting in mitigation being required. In situations where the applicant may be required to mitigate, capacity may be reserved dependent on the type of mitigation. Concurrency Determination is the review of residential site plans and subdivisions to determine whether there is available capacity. When capacity is determined to be available a School Capacity Determination Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant upon request. For those residential developments that are determined to not have an impact, a letter of no impact will be prepared for the applicant upon request. Exemption Letter: An applicant may request an Exemption Letter as documentation for the local government. These are projects that would be exempt from school concurrency review or projects that do not impact the public schools. Exemptions from school concurrency are limited to existing single family or mobile home lots of record; amendments to previously approved site plans or plats that do not increase the number of dwelling units or change the dwelling unit type; age restricted communities with no permanent residents under the age of 18; or residential site plans or plats or amendments to site plans or plats that generate less than one student; or are authorized as a Development of Regional Impact (Chapter 380, F.S.) as of July 1, 2005. Concurrency Determination Amendment: An applicant may request an amendment to a previously issued School Concurrency Determination or to an application being processed. This review may require additional staff time beyond the initial concurrency determination review and results in a modified determination being issued. An amendment could result in a negotiation period and/or a mitigation agreement being issued or a previously approved determination being modified and reissued. 'fir � �, ` • , ,tJ+� a ,40 PUD BOUNDARY ss' t'� •o'IL - I 5N 3 ^, ,• , .� — r. 1-75 S IMF to -4. - .� �.. - ter..- ,"� _ w :a( 1 C'''� y./a •rv'.+rr,;�r •a�p� c _ ` ,je p • , all , f l � v �� ryrrri4F't.�sxu,�•�i�,��rr ii�� :_f ®lly IilUm!!Q �► .cad xr fitly Mj '°i■3! ■ I :i .�7 c • ' s j i' °"�> Ily �/it \ .i= ; �® se 1M d4-. � age ►5;33 r I ,a !, � is ! i �� Viz, ,� ���• , �e ,� + ;r i - '��" � � } + a� . .:,,r" � �< � Y ' t wr■J■ Lt�Y411lhLnS 1. LZ Ty-°p e ! - : r ■M it � �f, ,A� +r ■urN!!■inr�ywr+rlrrr� ,��. ' .+�.e; � ' .r "., 4 ys' �, �' n �m+s�ri��_rdr R.W .. _ .' � ai�RiR31tl� - r. �, � �iz�3RrJ��. � �i � ,y �- , . �l1R��■■'cflll�9� ` +'r; { ��\'� ¢ v � �""I' ,'� ': �i� �; � a r piss t �+ 1 R t3 L, r r d' • t I R ,•,^.�/Inn �■'::Z SY' J i! :� _ �e ",�.. % �„"!..r 'J L � � rols `'� :■YC ur.�S` mac- 4-4,F" 44s- X 1 f3l1r ,�"r'4 Y"^p :>.: I, �i `.+,��.� /`�a ��� � st3 • � .,. - ._'�� � �', i` I1 �"r�ra. ;g I+�` � :a�, it "� ei m` jr ��;i=2=l.,� r. - _ f.. hlig _ v , pp I � } r a i ;..;,� �.: x h ; �, �. � 'ld' �•. at '� x: r y � � ��. ,,,�\tom "r 'Iri J'dld ,H ^r" �"�� >t' R - .Ie� ,,'• ,� t,�. ¢ i .. - ,� tt �•. �l * `•�' �i 3 .. v Ili IF µ _" In- F7m. IF w +[ - �:+�.r r 1 �'f. � pr►� / 1u 4�,:� j� ,c� �, .�. b' '°'�""7x , t B 4 r i . +° � iriii ■■+r�i■ 1. w 'z ; �T .,�� JN a ■■r■►■iR a '� 4 yM�RRRI 4R RRRR f7� y+.�., .•�T a. riuui �aa ■i J,. Ir R�5Y� aARlR4 RyRR■ R�F;Q �� s'r sq , Rrr 6rIa t �� a_ -y■'.na iiid��lY■ia I _ _r a _ , 17 - P RRRr�R9�RRRR nRF,- IIaRK I min t■■ Rsiii r r -C i� �' ,. •.` uiu ► tiii■yi: lRL1RWRYPik, RRRIRRll � ® � � � '-'•"-"YY"^"' � - � •.. _ � _ • ,O •\��'1�� . ! ! • •'_ •.� �> _ R` : ��E: -.:. � � fy . f a''M1� '1 k� . _ - .h. rf�''k`„ � .,w�.. L ,' �'�. DE DAVIDSON E N G I N E E R I N G CELEBRATING 20 YEARS PUBLIC FACILITIES LEVEL OF SERVICE (LOS) ANALYSIS The Bembridge Emergency Services Complex CFPUD and RPUD is an existing PUD and comprises approximately ±39.82-acres. The PUD is located on the east side of Santa Barbara Boulevard, south of Radio Road and north of Davis Boulevard. The purpose of PUD Amendment is to request an increase in residential density from 6 units per acre to 16 units per acre, using the Affordable Housing Density Bonus, for a maximum of 82 residential units. For this comparative analysis, the site will be conceptually developed to the maximum standards using the proposed zoning. Summary for Existing Use: Calusa Park Elementary School Collier County EMS Station #79 Summary for Proposed Change in Use: Multi -Family Residential (Apartments): 82 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. Arterial and Collector Roads See included Traffic Impact Statement for Level of Service. The level of service is not significantly or adversely impacted by the proposed build -out. There is adequate and sufficient roadway capacity to accommodate the proposed development's generated trips without adversely affecting the adjacent roadway network level of service. Bembridge Emergency Services Complex CFPUD & RPUD PUDA-PL2020000OS64 June 18, 2020 1 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G CELEBRATI_R20 YEARS Surface Water Management Systems Currently the site's surface water management system is designed within a master stormwater system that is already in place and permitted. During the time of any development order permitting, the site's stormwater management system will be designed in accordance with LDC section 6.5.01. The stormwater management system for the site has been approved by South Florida Water Management District under Permit No. 11-02037-P. Therefore, no level of service issues will be created by the proposed site build -out conditions with respect to surface water management. Potable Water and Sanitary Sewer Systems Water service to the project is and will be continued to be provided by Collier County Public Utilities via an existing 16" water main within the Santa Barbara Blvd. R.O.W. The future water service line size and fire protection mains will be determined during the time of SDP permitting and whether it is necessary to account for potable/irrigation. Wastewater treatment is and will be continued to be provided via existing 4" force mains located within the Santa Barbara Blvd right-of-way. The future connection size for the 5.11-acre development will be determined during time of SDP permitting. Table 1— Previously Approved Level of Service for 5.11-acre parcel Proiect Capacity - RESIDENTIAL A = Type of Unit B = Number of Units C = Population per Unit D = Total Population (B x C) E = Per Capita Flow (gpd) F = Total Average Daily Flow (gpd) (DxE) G = Peak hour flow (gpm) Residence* 32 2.5 80 100 8,000 23.7 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Bembridge Emergency Services Complex CFPUD & RPUD PUDA-PL2020000OS64 June 18, 2020 2 www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G CELEBRATI 2O YEARS' Build -out conditions are shown in the table of calculations below. Table 2 — Proposed Conceptual Development Level of Service Project Capacity - RESIDENTIAL A = Type of Unit B = Number of Units C = Population per Unit D = Total Population (B x C) E = Per Capita Flow (gpd) F = Total Average Daily Flow (gpd) (DxE) G = Peak hour flow (gpm) Residence* 82 2.5 205 100 20,500 59.0 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Bembridge Emergency Services Complex CFPUD & RPUD PUDA-PL2020000OS64 June 18, 2020 3 www.davidsonengineering.com } DAVIDSON f hk (. i N i' , f, : rA C, EZiTAaLI19HIED September 14, 2020 Civil Engineering • Planning • Permitting MEMORANDUM esigning xcellence To: Timothy Finn, AICP, Principal Planner, Collier County Zoning Division From: Sean Sammon, Planner Reviewed By: Jessica Harrelson, AICP, Senior Planner RE: Bembridge PUDA —Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting regarding the Bembridge Emergency Services Complex Planned Unit Development Amendment on Thursday, September 10, 2020, at S:30pm. The meeting was held at New Hope Ministries, located at 7675 Davis Boulevard, Naples, FL 34104 on the second floor of the Event Center (Room 212). The meeting was also offered on-line, via Zoom. There was a total of 6 in -person attendees from the public, and two individuals from the public that participated virtually. The list of individuals below, associated with the project, also participated in the meeting: - Jessica Harrelson, Davidson Engineering (in -person) - Sean Sammon, Davidson Engineering (in -person) - Timothy Finn, Collier County (in -person) - Ariana Brendle, McDowell Housing (Zoom) - Chuck Hollis, McDowell Housing (Zoom) Jessica Harrelson, Agent for the Applicant, began the presentation at approximately 5:30pm and reviewed the details of the PUD Amendment request. (A PDF copy of the PowerPoint Presentation is attached for reference). During and following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com DE DAVIDSON E N G I N E E R I N G • Roy Anderson: "The whole area was designated an Emergency Services Complex?" Response: It's called the Bembridge Emergency Services Complex, it's designated and permitted currently for residential and community facilities uses. • Roy Anderson: "So how does it come about that part of the Emergency Services Complex land was given up for residential project?" Response: It's a residential and community facilities PUD, it's both, that portion of the project has always been designated for residential uses. • Angelo Quieto: "So they wanted to go from 6 per unit acre, to go for how many up to? What was the original?" Response: Right, we're going from 6 units per acre up to 16 units per acre on the 5.1-acre lot. • Angelo Quieto: "How many units would it have been in the original what it was?" Response: It would have been 30 — 31 units, now to 82 units. • Angelo Quieto: "Is that Bembridge or the County's request?" Response: This is a County initiated project, and the County has entered into a long-term lease agreement with McDowell Housing Partners to develop this as affordable housing community. • Angelo Quieto: "Who's idea, if you know, like I mean, if they wanted to go from the 30 to the 80?" Response: There's a need for affordable housing in Collier County and they initiated this project, and we're taking advantage of the density bonus units that are available for the property to maximize what is needed in the County. • Roy Anderson: "[Setbacks] Is that to the edge of the pavement or the edge of the Right -of - Way, the 50 feet?" Response: It should be from the back of the curb. Along the Right -of -Way, yes. • Angelo Quieto: "[reduction in width for Landscape Buffer along eastern boundary] So you're saying that supposed to be 15 feet and they're changing that to 7?" Response: 7, yes, and this is adjacent to the existing lake tract. • Angelo Quieto: "All of the deviations, how do you find that, has this gone before the County and has that been approved yet for that?" Response: We haven't been to hearing yet, we have gone through 2 reviews at Staff Level and we have received approval from all reviewers, the next step is to be scheduled for hearings. • Angelo Quieto: "Now will they have to go before the Planning Board?" Response: It will go before the CCPC and the BCC. And if you were notified via letter about tonight's meeting you will be notified by the County about the Hearing dates as well. • Roy Anderson: "This has to go before the Planning Board, the Planning Commission as well as the BCC? Response: Correct. 2 DE DAVIDSON E N G I N E E R I N G • Ann Quieto: "They know to track it between the school, and the ambulances how far those setbacks have to be? And then have another place for where the children come out [of school]?" Response: Well we are constructing a turn lane to allow people to get off the main road and turn into the site. • Ann Quieto: "They can't if the ambulance is coming, it's a red light, and if they stop to let the school traffic out, that's another thing. I live this far down, the traffic goes way past where the tower ... [traffic concerns on Santa Barbara]" • Response: Off of Santa Barbara? You're still noticing traffic issues with the increments that have been in, where the ambulance comes out? This project has no negative impact on this roadway network. We'll make note of your concerns. • Angelo Quieto: "'Been fine with the 30 units rather than the 80, commented about the neighborhood with other areas of similar developments and the impacts to traffic lights to a Wal-Mart near the Habitat..." Response: The Habitat development, I believe is owner -occupied, whereas this is going to be a rental community. • Ann Quieto: "There's not enough rental communities around..." Response: The County has done a study and has determined a need for affordable housing in this County. • Roy Anderson: "I'm from Countryside and I've heard a lot of complaints about the Emergency Facility across the way with the Fire engine going off, and has impacts to our neighborhood, we've been seriously impacted by that facility, we hear this size of the facility is now tripled, there's going to be turning impacts, 80-100 cars in the site. There's a 50' setback from Santa Barabara, and a 20' buffer, what is that about? Response: There's a 20' setback on the internal boundaries, we decrease the road setback from 75' to 50'. • Roy Anderson: "We're not very pleased to hear of the increase on height, there will be some visual impact..." Response: I'll be glad to email many of you our Traffic Impact Statement that was prepared by our Traffic Engineer that states that the roads will be continuing to be operating at their adopted Level of Service. • Carlos Blanci: "I know it was discussed that they're were going to put something on the wooded area on the side of the northern boundary of the [entrance of the school] development, there's 6 acres" Response: That's not part of this development. • Anita Blanci: "6 months ago we're at a meeting at the CAT station for affordable housing that will be put there, we thought that that was this meeting was for." Response: That's the school's entrance right there, the PUD boundary stops right there. 3 DE DAVIDSON E N G I N E E R I N G • Carlos Blanci: "My fear is that they're going to build this one then you'll go to the other side of the street/driveway..." Response: Not sure if there's a development going in there, I can look into it for you and let you know. • Roy Anderson: "What was the reason for increasing it from 31 units to 80 units?" Response: To meet the County's need for affordable housing. • Roy Anderson: "So you're going for the max that's allowed for zoning? Without any consideration on the impact to the neighborhood?" Response: Yes. We did do an evaluation of compatibility and consistency with the neighborhood, that's why we're going through this process. • William Cannon: "How long is the commitment to maintain this affordable housing? Whose commitment is that? Will they manage that property?" Response: I believe it's 30 years, but I can double check. That would be McDowell Housing, they're the developer. The County's going to maintain ownership of the land. McDowell owns the building. • William Cannon: "Where's the nearest CAT bus stop?" Response: There's several bus stops along Santa Barbara, I don't know where the exact proximity of the stops is, but I can get that information to you. • William Cannon: "How many parking spaces do you have per unit?" Response: We have 163 spaces on site. This is parking requirements, we're required to have 159, we're providing 163 spaces. • Roy Anderson: "Will there be a turning lane for entering into the area, and a loading area so the street will be redesigned?" Response: Yes, there will be a right turn lane constructed on Santa Barbara into the site. • Carlos Blanci: "Will there be a left turn lane when you leave the complex to go south or do they have to take a right?" Response: It's going to be a right, right in, right out, yes. • Anita Blanci: "1 think the biggest concern would be you have all the young children walking along Santa Barbara to Calusa Elementary with more cars coming in and out of the project" Response: Sidewalks will be constructed and reconstructed, and a pedestrian interconnect will be provided from our site into Calusa park. The school will construct a sidewalk from their bus loop all the way to our project. They don't promote children walking across Santa Barbara, they likely take a bus from the western developments. • Roy Anderson: "Will there be another separate entrance and exit off of Santa Barbara for this project?" Response: Yes, I'll show you. It will be just south of the school's entrance. Our turn lane will connect into the turn lane entrance for the school. • Roy Anderson: "Is there going to be a conflict with the Fire Department getting pretty close to their location?" M DE DAVIDSON E N G I N E E R I N G Response: No conflict. • Carlos Blanci: "What is the pump station?" Response: It's part of the County's utility infrastructure. It will serve the greater area, more than just our project. I can get more information on the pump station plans for you. This has already been planned for some time as part of a master system. Wastewater station, yes. • William Cannon: "Flood elevation question regarding heights?" Response: I can provide the information to you from our engineers, that is an engineering question. The site will be permitted through South Florida Water Management District. I will get all of you that information as long as you left your email and phone number. • Angelo Quieto: "This is actually the first meeting you have had on this particular project?" Response: Yes, this is the one and only required NIM that we're required to have prior to hearing. All property owners within 500' of the project were notified and could participate virtually, so if they live out-of-state, they could participate via Zoom, we gave everyone an equal opportunity to participate. • Roy Anderson: "What stage is the project now? In preliminary planning or it's not in final design stage?" Response: We're not in final design stage, we do have an engineer, our firm is working on those plans now, and we just submitted for our first SDP with Collier County, but we can't move forward with SDP permits until the PUD is approved. • William Davis (ONLINE): "What is the County's Median Income?" Response: The County's Median Income is $82,300. The developer has agreed to construct 13 rental units that are in or below the very low income level, 50 rental units for low income, and 19 for the low -moderate income level, based on household size and the rent limits (table provided). • Roy Anderson: "It's too bad that there wasn't a meeting public before the decision was made before the development was decided to max out the units." Response: That's why we're here today, to get everyone's concerns/input, we haven't been to hearing yet. • Carlos Blanci: "It seems like affordable housing is going in one area of the county, you would think it would spread out a little bit." Response: The private developers and Collier County are looking at other areas. • William Cannon: "Comment about affordable housing in the county..." Response: If you want, I can send you information on base flood elevation and where we're designing at, any other information related to the project. • Angelo Quieto: "Who's idea as to why they increased from 30 to 80 units. Why are you asking for deviations within the project, you're asking for something not there, something special, that should require more, deviations to make it less?" Response: We are maxing out the Affordable Housing Density Bonus allowed to the site. With PUD's you're allowed to request deviations to the LDC to meet your specific design DI DAVIDSON E N G I NEE ki ni c, elements. The deviations are 4 related to our project, 2 of them don't pertain to our project, to solidify and be consistent with what was already approved for our project. • Roy Anderson: "What's the next step on the project? What's the timing to go to the CCPC? Response: We should be getting our hearing dates next week, I can get you the dates and you will be notified by the county. If you have any additional questions, feel free to email me or call me and thank you for coming. [Meeting Adjourned] 6 - BEMBRIDGE EMERGENCY SERVICES COMPLEX PLANNED UNIT DEVELOPMENT AMENDMENT N-4. NEIGHBORHOOD INFORMATION MEETING SEPTEMBER 10, 2020 .AELISHEO BEMBRIDGE EMERGENCY SERVICES a COMPLEX 4 i EXISTING ZONING: A BEMBRIDGE EMERGENCY SERVICES COMPLEX Residential PUD and R Community Facilities PUD a ;k (RPUD and CFPUD) DAVIDSON ESTABLISHED MAXIMUM RESIDENTIAL DENSITY F ?fl! a N4 l Ir Y ' !II R ,r,UD MASTER PLAN'= - ZONING: BERKSHIRE LAKES PUD LAND USE: GOLF COURSEIRESIDENTIAL TRACT A-1 3t1NTA 6.4R8,4RA &L VD (,W'�,�RGHrWAY, ±5.1-ACRES IF TYPE "D" LANDSCAPE BUFFER 4t 10'TYPE 'D" LANDSCAPE BUFFER 5 PUD BOUNDARY PARCEL BOUNDARY "TRACT A" "TRACT AV "TRACT A - ROADWAY EMS STATION 'D`-1 RESIDENTIAL [74 ] T \� PEDESTRIAN INTERCONNECT EASEMENT O R BOOK 1701 COUNTYPUMP ZONING. SANTA BARBARA LANDINGS RPUD ZONING. SHOPPES AT PAGE 600-601 STATION 0.12ACREPREF.ERVE a LAND USE PRESERVE SANTA BARBARA PUD LAND USE VACANT COMMERCIAL LJ 10'TYPE "D'LANDSCAPE BUFFER "TRACT B" PBOUNDARY ARCEL EXISTING LAKE 5 I 4 PEDESTRIAN INTERCONNECT ZONING. NEW HOPE MPUD LAND USE: RESIDENTIAL D 4365 Ratlio Rostl. Sole 2D1 `C? R�Ies.Fbrida 3A1�4 �AVNDS�N m W 4M. Damn eslxsusneo -•,*� «m w'. 0000wsB N 16 TYPE'B' LANDSCAPE BUFFER 18 TYPE'B' LANDSCAPE BUFFER "TRACT C" CALUSA PARK ELEMENTARY SCHOOL PUD BOUNDARY I ZONING: PLANTATION PUD ` LAND USE: RESIDENTIAL 15 TYPE'B' LANDSCAPE BUFFER PUD � L BOUNDARY — — — — a 615 125 250 ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL SCALE IN FEET BEMBRIDGE EMERGENCY SERVICES COMPLEX REVISIONS CFPUD AND RPUD 1. REV. PER CC RAI COMMENTS -7113/2020 EXHIBITA: PUD MASTER PLAN 2_ REV. PER CC RAI COMMENTS - 8/24/2020 PAGE 1 OF 2 DAVIDSON ESTABLISHED Tinkro A e0 Nate: 1. 1010 Rena] obta Ined Irom i Cal Lci Catui ly P rc per ty kppranrr 2. Suhj Re hoperiybouAwy ohlained f rom Davidion f ne i nrr ri oe 0 + 75 150 300 I R Et'' R- 3 -T2�AA C R F M"'At 7bioctoperty,7 0.12 Acj 1 ■ 11 DAVIDSON E-B LI S H EO arrrcc 0 i RIGHT-IN/RIGHT-OUT ACCESS AND TURN LANE SANTA a44REAP.4 BLVD .,GHT-IN 1 RIGHT -OUT (160-PUBLIC RIGHT-OF-WAY) 15' TYPE "D" LANDSCAPE BUFFER 10'TYPE"D"LANDSCAPE BUFFER 2 5PUD — PARCEL BOUNDARY BOUNDARY "TRACT "TRACT A—l" "TRACT A" A_� e EMS STATION RESIDENTIAL PEDESTRIAN INTERCONNECT ROADWAY COUNTY` EASEMENT PUMP ZONING. SANTA BARBARA ZONING: SHOPPES AT D.R. BOOK 1101, STATION 0.12 ACRE PRESERVE LANDINGS RPUD SANTA BARBARA PUD PAGE 600-601 3 LAND USE: PRESERVE LAND USE. VACANT COMMERCIAL 10'TYPE"D'LANDSCAPE BUFFER "TRACT B" BARGEE EXISTING LAKE ' PEDESTRIAN BOUNDARY 5 INTERCONNECT 15 TYPE'B' LANDSCAPE BUFFER PEDESTRIAN INTERCONNECT J 15' TYPE "B" LANDSCAPE BUFFER "TRACT C" ZONING: NEW HOPE MPUD CALUSA PARK ELEMENTARY SCHOOL LAND USE: RESIDENTIAL PUD BOUNDARY ZONING: PLANTATION PUD LAND USE: RESIDENTIAL 15 TYPE"B"LANDSCAPE BUFFER L PUB JC — rj"1T`�} ,jf� BOUNDARY a 62.5 125 250 ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL SCALE IN FEET REVISIONS 1 _ REV_ PER CC RAI COMMENTS - 7/13/2020 2- REV. PER CC RAI COMMENTS - 8/24/2020 DAVIDSON ESTABLISHED NORTH I CA WO O y Iv ul if fps � d i o X111 I '7i �-,JLI IRA ICI III r s I 7,Rlpp— a No MAXIMUM HEIGHT- �'�40' or 3 stories IXDDITION OF DFVIATIC Deviation #2 seeks relief from LDC section 4.06.02 CA, "Type D Landscape Buffer," which requires a 20-foot Type "D" landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 15-foot wide Type "D" buffer on Tracts "A" and "A-1" along Santa Barbara Boulevard. 15' TYPE'T LANDSCAPE BUFFER 10'TYPE-D-LANDSCAPE BUFFER � ZONING: SHOPPES AT SANfA BARBARA PUD LAND USE: VACANT GDMMERCIAL PUD ` PARCEL J BOUNDARY BOUNDARY "TRACT A" EMS STATION ROADWAY EASEMENT O.R. BOOK 1 TO I, PAGE 600-601 1D' TYPE U' LANDSCAPE BUFFER PARCEL BOUNDARY RIGHT -IN 1 RIGHT -OUT "TRACT "TRACT A-1" RESIDENTIAL410-4- PEDESTRIAN INTERCONNECT 00UNTY 1E PUMP ZONING: SANTA BARBARA STATION 0.12 ACRE PRESERVE LANDINGS RPUD j LAND USE: PRESERVE I 1 -- 1 15TYPE -B' LANDSCAPE BUFFER ZONING: PLANTATION PUD LAND USE: RESIDENTIAL "TRACT B" EXISTING LAKE PEDESTRIAN INTERCONNECT 1STYPE'B'LANDSCAPE BUFFER "TRACT C` ZONING: NEN' HOPE MPUD ` CALUSA PARK ELEMENTARY SCHOCA LAND USE: RESIDENTIAL PUD BOUNDARY PUD — — IL BIXINDARS' ❑ 62.5 125 250 ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL SCALE IN FEET D� BESE R IC E EMERGENCY .�5 raae Re,e. s��.�o, SERVICES COMPLEX Hwrs. Flpri� yrtpa REVISIONS CFPUD AND RPUD 1. REV. PER CC RAI COMMENTS - 7l1312020 ExH1817 A: PUD MASTER PLAN 2. REV. PER CC RAI COMMENTS - 8/24/2020 PAGE 1 OF 2 15'TYPE'B'LANDSCAPE BUFFER IXDDITION OF DFVIATIC Deviation #3 seeks relief from LDQ Section 4.06.02 C.2., "Type B Landscape Buffer," which requires a 15' Type `B' buffer between multi -family residential and a community facility, to instead allow a 7' Type 'B' buffer along the eastern property line of Tract "A-1-Residential". 15' TYPE "D" LANDSCAPE BUFFER 10'TYPE-D-LANDSCAPE BUFFER � ZONING: SHOPPES AT SANfA BARBARA PUD LAND USE: VACANT COMMERCIAL PEDESTRIAN INTERCONNECT ZONING: NEW HOPE MPUD LAND USE: RESIDENTIAL C 69E5 Aadw Rea.. Mu 04111 NapNf. Flpri.a 34iW DAV I D50N P 23o..a+.sxa o..00.sa ES�a B��sHEO ZONING: BERKSHIRE LAKES PUD LAND USE: GOLF COURS&RESIDENTIAL &WrA SARBARA BLVD (14LV%C tCRIGNTQVGWAr) PUD _j `PARCEL J BOUNDARY BOUNDARY 11 "TRACT A" 1 EMS STATION ROADWAY EASEMENT O.R BOOK 1701, PAGE 6DO-601 IV TYPE V LANDSCAPE BUFFER PARCEL BOUNDARY PUMP STATION 0.72 "TRACT B" EXISTING LAKE RIGHT -IN 1 RIGHT -OUT PEDESTRIAN INTERCONNECT ZONING: SANTA BARBARA LANDINGS RPUD LAND USE: PRESERVE 1 1 15'TYPE-B'LANDSCAPE BUFFER ZONING PLANTATION PUD LAND USE RESDENTIAL "TRACT 15'TYPE'B-LANDSCAPE BUFFER C" ` CALUSA PARK ELEMENTARY SCHOOL 1j I r 15'TYPE'B'LANDSCAPE BUFFER BCAINDARS' 1 ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL PUD BOUNDARY REVISIONS 1, REV. PER CC RAI COMMENTS - 7/1312020 2. REV. PER CC RAI COMMENTS - 8/24/2020 0 ❑ 82.5 125 250 SCALE IN FEET BEMBRIDGE EMERGENCY SERVICES COMPLEX CFPUD AND RPUD EXHIBIT A: PUD MASTER PLAN PAGE 1 OF 2 DEVIATION #4 IXDDITION OF DFVIATIC Deviation #5 seeks relief from LDQ Section 4.06.02. CA, "Type D Landscape Buffer," which requires a 20-foot Type 'D' landscape buffer along rights -of -way for developments of 15 acres or more, to instead allow a 10-foot wide Type `D' buffer along Santa Barbara Boulevard and along the Roadway Easement for Tract B. 10'TYPE-D-LANDSCAPE PEDESTRIAN INTERCONNECT ZONING: NEW HOPE MPUD LAND USE: RESIDENTIAL 13E 69E5 Aadw Rea.. Mu 04111 NapNf. Flpri.a 34iW DAV I DSON P 23o..a+.sxa o..00.sa ES�a B�"sHEO ZONING: BERKSHIRE LAKES PUD LAND USE: GOLF COURS&RESIDENTIAL &WrA SARBARA BLVD (14LV%C tCR7IGNT{%GWAr) RIGHT -IN 1 RIGHT -OUT ` PARCEL ` BOUNDARY BOUNDARY I "TRACT "TRACT "TRACT "TRACT A" A-1'" A-1 ` EMS RESIDENTIAL PEDESTRIAN INTERCONNECT ROADWAY El EASEMENT COUNTY PUMP ZONING: SANTA BARBARA OR- BOOK 17i11, STATION 0.12 ACRE PRESERVE LANDINGS RPUD PAGE BDB-fi01 3 1 LAND USE: PRESERVE IV TYPE V LANDSCAPE BUFFER "TRACT B" PARCEL EXISTING LAKE BOUNDARY 5 — — 15'TYPE-B'LANDSCAPE 1 BUFFER ZONING PLANTATION PAD 15' TYPE'B- LANDSCAPE BUFFER "TRACT C" RESIDENTIAL LAW ASE REST ` CALUSA PARK ELEMENTARY SCHOOL PUD 1j BOUNDARY I 15'TYPE'B'LANDSCAPE BUFFER PUD- BOUNDARY 1 ❑ 515 125 250 ZONING: WILDWOOD ESTATES PUD LAND USE: RESIDENTIAL SCALE IN FEET BEMBRIDGE EMERGENCY SERVICES COMPLEX REVISIONS CFPUD AND RPUD 1, REV. PER CC RAI COMMENTS - 7/1312020 EXHIBIT A' PUD MASTER PLAN 2. REV. PER CC RAl COMMENTS - 8l2412020 PAGE 1 OF 2 11 avi ftl I 110] 0 KOH196 Deviation #6 seeks relief from LDC Section 4.05.02 Exhibit 'A; "Off - Street Parking Design Standards," which permits a 2' vehicular overhang into any landscape buffer that is 10' or greater in width, to instead allow vehicular overhang into the 7' Type '6' buffer along the eastern boundary of Tract "A-1- Residential". M 1.75 cal., min.. 25o.c. PROPERTY LINE MODIFIED 7' TYPE `B' BUFFER PLAN EXHIBIT not to sca I e MODIFIE 'B' LANDSCA BUFFER PROPERTY LINE -- Treas: 1 J o.a_, 4' sInr., 1,75 cal., min., 25' o.c.�_ 3 i Shrubs: 5' tall, 4' o.C. TYPE D CURB: ACTING AS WHEEL STOP (24" DEPTH, ACTING AS ROOT BARRIER) I 2' OVERHANG MODIFIED 7' TYPE `B' BUFFER SECTION/ELEVATION not to sca I e DAVIDSON E-B LI-ED !)1\J!qFmILTA Ipity mELM rk THE BEMBRIDGE PROJECT WILL HAVE NO NEGATIVE IMPACT ON THE SURROUNDING ROADWAY NETWORK. Am w ti � w Table B Site -Generated Trips f+u1nQl L{lYi 2L i DOL (-' ! j Daily Weekday Trips Generated DT} AM Peak Hour Trips Generated v h PM Weak Hour Trips Gencrawd h 579 40 50 DAVIDSON ES BLI-ED I .. Enter Full Screen Jessica Harrelson n FA o I* I© o 6 End Join Audio Start Video Security Participants Chat Share Screen Record Read.— AGENT JESSICA HARRELSON, AICP� EMAIL: JESSICA@DAVIDSONENGINEERING.COM I � COUNTY STAFF:!!= Tim Finn, AICP, Principal Planner EMAIL: Timothy. Finn @colliercou ntyf Lgov �4717.iKo10[r7J ■JI! PARKING KIN RE DIRE IE IT : 1 BEDROOM UNITS: 22 1 SPACE PER UNIT + 0.75 PER UNIT FOR VISITOR PARKING G = 39 REQUIRED ED SPACES BEDROOM UNITS: 4B 1 SPACE PER UNIT + 1.00 PER UNIT FOR VISITOR PARKING = 96 REQUIRED ED SPACES BEDROOM UNITS- 12 1 SPACE PER UNIT + 0.75 PER UNIT FOR VISITOR PARKING = 24 REQUIRED ED SPACES OVERBILL PARKING F EOUIRE TENT: 150 SPACES REQUIRED 163 SPACESPROVIDED DAVIDSON E-B LI-ED 9111125kAge IrlIiioa �u►•INA : Collier County 2020 Income Limit by Number of People in Household Rent Limit by Number of Bedrooms Income Percent 1 1 I 2 I 3 I 4 I 5 11 1 I 2 I 3 $30,680 $463 30% $17,300 $19,800 $22,250 $26,200 $556 $711 FEALow 50% $28,850 $32,950 $37,050 $41,150 $44,450 $772 $926 $1,070 80% $46,100 $52,700 $59,300 $65,850 $71,150 $1,235 $1,482 $1,712 Moderate 120% $69,240 $79,080 $88,920 $98,760 $106,680 $1,854 $2,223 $2,568 Gap 140% 1 $80,780 $92,260 $103,740 $115,220 $124,460 $2,163 $2,593 $2,996 Median Household Income Collier County 2020 = $82,300 The Developer has agreed to construct 13 rental units for residents in or below the very low income category (50% or less of the County median income), 50 rental units for residents in the low income category (51 to 60% of the County median income) and 19 rental units for residents in the low to moderate income category (61 to 80% of the County median income). DAVIDSON E-B LI-ED 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 and Growth Management Plan Amendment, 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 Jessica Harrelson, AICP State of Florida County of Collier The foregoing Affidavit of compliance was acknowledged before me this 15th day of September 2020 by Jessica Harrelson, AICP, who is personally known to me. (Signature of Notary Public) (Notary Seal) Tocia Hamlin Printed Name of Notary ` .: TOCIA NAMI.N�ROSA .: MY LION � OG 30 W r EXPIR . July 7. 2W Bembridge Emergency Services Complex ''-.... SWedDANotsyPW*�M�den*n PUDA- PL2020000OS64 Zjtjj1tr.q PART OFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 DAVISDSON ENGINEERING INC 4365 RADIO RD #201 NAPLES FL 34014 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. 8/24/2020 Subscribed and sworn to before on August 24, 2020- Notary, State of WI, County of Brown TARA MONDLOCI-I Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: $945.00 Ad No GC10478191 Customer No: DAVIDSON ENGINEERING INC PO#: NEIGHBORHOOD MEFTING INFORMATION NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a Neighborhood Information Meeting, regarding the Bembridge Emergency Services Complex Planned Unit Development Amendment (PUDA- 20200000564), being held by Davidson Engineering, Inc. on: Thursday, September 10th, 2020 at 5.30 p.m., at New Hope Ministries, located at 7675 Davis Boulevard, Naples, FL 34104 (Room 212, located on the 2nd Floor of the Event Center) The subject ±5.1-acre property is located along on the east side of Santa Barbara Boulevard, west of Calusa Park Elementary School, in Section 4, Township 50 South, and Range 26 East. Radio RD Project (Location c� m L Davis BLVD m C � � 7 ` The Planned Unit Development Amendment (PUDA) application, submitted to Collier County, is seeking approval for the following: Bembridae Emergencv Services Complex (PUDA-20200000564): To request an increase in residential density from 6 units per acre to 16 units per acre, using the Affordable Housing Density Bonus, for a maximum of 82 residential units within the Bembridge Emergency Services Complex CFPUD/RPUD. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you are unable to attend the meeting in -person and would like the opportunity to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in -person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com Notice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA. 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2202 162 PLANTATION CIR TED THIAGARAJAH 3 DRUMMONDVILLE LANE N MIAMI BEACH, FL 33160 --- 0 24754204206 N MIAMI BEACH, FL 33160 --- 0 24754202981 N MIAMI BEACH, FL 33160 --- 0 24754204329 N MIAMI BEACH, FL 33160 --- 0 24754204604 N MIAMI BEACH, FL 33160 --- 0 24754201128 N MIAMI BEACH, FL 33160 --- 0 24754202240 NAPLES, FL 34104 --- 0 67965018154 ANTWERP 2018 BELGIUM 31156001524 NAPLES, FL 34117 --- 0 46573000009 NAPLES, FL 34104--- 5809 31156004149 NAPLES, FL 34104 --- 0 31156002086 MAPLE L6A OX3 CANADA 31156000525 COLORADO SPRINGS, CO 80910 --- 0 46573003543 ROCKVILLE, MD 20854 --- 0 46573002861 HARW ICH, MA 02645 --- 0 28273750321 NAPLES, FL 34104--- 5416 46573001600 NAPLES, FL 34104 --- 0 31156002125 HUNTINGTN STA, NY 11746--- 2854 28405000221 BREWSTER, MA 02631--- 2306 31156003085 NORTHPORT, NY 11768--- 2632 31156006781 BONITA SPRINGS, FL 34134 --- 0 46573004348 BONITA SPRINGS, FL 34134 --- 0 46573003488 BONITA SPRINGS, FL 34134 --- 0 46573000261 MIAMI, FL 33177--- 5260 31156001281 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--- 0 31156001401 MIRAMAR, FL 33029--- 1666 46573002049 PHILADELPHIA, PA 19116--- 3936 31156004246 NAPLES, FL 34110--- 7047 46573001846 NAPLES, FL 34104--- 6400 67965017605 TORONTO M4E 3X7 CANADA 31156000884 EAST HANOVER, NJ 07936--- 1802 31156002361 NAPLES, FL 34104 --- 0 31156001184 POList 500 PL20200000564 19 ZUCCARO, MARTINO 1235 WILDWOOD LAKS BLVD #4-203 NAPLES, FL 34104--- 5816 31156001029 POList 500 PL20200000564 DAVIDSON F N G I N F F R I N G ESTABLISHED August 24, 2020 Dear Property Owner, Civil Engineering • Planning • Permitting esigning "xcellence The public is invited to attend a Neighborhood Information Meeting, regarding the Bembridge Emergency Services Complex Planned Unit Development Amendment (PUDA-20200000564), being held by Davidson Engineering, Inc. on: Thursday, September 10th, 2020 at 5:30 p.m., at New Hope Ministries, located at 7675 Davis Boulevard, Naples, FL 34104 (Room 212, located on the 2"d Floor of the Event Center) The subject ±5.1-acre property is located along on the east side of Santa Barbara Boulevard, west of Calusa Park Elementary School, in Section 4, Township 50 South, and Range 26 East (see back for location map). The Planned Unit Development Amendment (PUDA) request, submitted to Collier County, is seeking approval for the following: Bembridge Emergency Services Complex (PUDA-20200000564): To request an increase in residential density from 6 units per acre to 16 units per acre, using the Affordable Housing Density Bonus, for a maximum of 82 residential units within the Bembridge Emergency Services Complex CFPUD/RPUD. Business and property owners, residents and visitors are welcome to attend the presentation to discuss the project. If you would like to participate virtually, an on-line meeting will be available. Details related to joining the meeting can be obtained by contacting the individual listed below. Reservations for in - person meeting attendance is required to ensure that the CDC guidelines for social distancing can be achieved. If you are unable to attend the meeting in -person or participate virtually, and have questions or comments, they can also be directed by mail, phone or e-mail to the individual below: Jessica Harrelson, AICP Davidson Engineering, Inc. 4365 Radio Road, Suite 201 Naples, FL 34104 Phone: 239-434-6060 Email: jessica@davidsonengineering.com 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com DE DAVIDSON ENGINEERING Radio RD project Location J m Davis BLVD m cM cn � c o U m BEMBRIDGE EMERGENCY SERVICES COMPLEX PUDA-PL20200000564 9/10/2020 DAVIDSON E N G I N E E R I N G Name IN -PERSON ATTENDANCE: Address Email Address 1 1. k f IP— . 4C Itf L1,12 &2�Lln wt �o�n/t ` @C� NUJ �OIU 2 re ��-.�--� j 6 S �� ' J ��s �G'►��f�� ti a- �'� . �.� 1 3 4 ll L 5 7 8 9 10 11 12 13 14 15 16 17 19 20 VIRTUAL ATTENDANCE: 1. Bruce Carlson (Email: bcarlson02l69@verizon.net) �/Xdj •daA 2. William Davis (Email: William.Davis@fsresidential.com) (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTINGNOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JESSICA HARRELSON, AICP WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.000F THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PUDA- PT MmnnnnnSFa SI RE OF 4PUCANT OR AGENT Jessica Harrelson, AICP, Senior Planner, Davidson Engineering, Inc. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER 4365 Radio Road, Suite 201 STREET OR P.O. BOX Naples, FL 34104 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 30th day of September , 2020, by Jessica Harrelson, AICP, who is personally known to me and whhon 'did take an�o�at�h.�� octKWL"RM n ems: *7,2= �.:.�' eo�aean�onomryp,ekuasnra+ My Commission Expires: (Stamp with serial number) Signature of NotaryPublic Tocia Hamlin Rosa Printed Name of Notary Public Bembridge Emergency Services Complex PU DA-P L20200000564 v'u ` r `? � � }� 1. �.`�wN�i�sifiiN'v �\ �f'1l i'✓i� 4 11 COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE jrh This Long -Terns Ground Lease ("Ground Lease") is entered into this day of O,Lcc-"� , 20 1 at , by and between McDowell Housing Partners, LLC, a Delaware limited lia ility company ("Lessee") registered to conduct business in Florida and Collier County, a political subdivision of the State of Florida ("Lessor°) (collectively, Lessor and Lessee are "parties"). RECITALS: WHEREAS, the Lessor is the owner- of certain real property identified as Parcel Number 00400246406 by the Collier County Property Appraiser located in the Collier County, Florida 34104 ("Premises"); WHEREAS, on February 6, 2019, Collier County issued an Invitation to Negotiate (ITN) # 19- 7556 "Beinbridge PUD Affordable Housing Land Development." WHEREAS, Lessee, a duly organized Bruited liability corporation, has beers awarded Invitation to Negotiate and has requested that the Board of County Commissioners enter into a 99- year lease of the Premises; and WHEREAS, it is the Board's Ending that it is in the public interest to lease this property to Lessee on the terms and conditions set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10,00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into the Ground Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in the Ground Lease, and in consideration of Lessee's performance under the Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Land described below. 2. Description of Leased Land. The Premises which leased to Lessee pursuant to the Ground Lease is located within the Bernbridge Emergency Services Complex CFPUD and RPUD No. 05-46, as amended, Collier County, Florida, with a legal description set forth in Exhibit A, hereinafter referred to as "Leased Land." 3. Conditions to Conve ante. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Leased Land; b. Any and all existing zoning laws or ordinances; and c. Lessee's satisfactory performance of all tennis and conditions of the Ground Lease. 4. Use of Leased Land. The purpose of the Ground Lease is for Lessee to provide affordable housing which use the Boafd of County Commissioners has found to be in the public's interest. Accordingly, Lessee shall utilize the Leased Land in strict accordance with the Lessee's Response to Invitation to Negotiation 19-7556, as summarized in Exhibit B. In the event Lessee shall cease to use the Premises after completion of the Project for the purposes described in 2 and 3 of Exhibit B, and such cessation of use shall continue for a period of dne (1) year, the Ground Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to the Building, as defined in Exhibit B. 5, Lessee's Obligation to Build and Modifications to Building, Lessee shall design, permit and construct in compliance with all applicable governmental regulations, at its sole cost and expense, a Building to be solely utilized for the uses described in 2 and 3 of Exhibit B. The plans, specifications and building design, for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate the Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Laird. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. Lessor will provide Lessee with requisite authorization to apply for permits once plans are determined to be acceptable by Lessor. All plans shall be in conformity with Collier County standards, Construction of the Building must commence no later than twenty-four months (24) from the date the Lessee secures a Funding Allocation, as defined hereafter, (the "Construction Commencement Deadline"). Funding Allocation is herein defined as receipt of an invitation to credit underwriting from Florida Housing finance Corporation ("FHFC") for gap financing or low-income housing tax credits issued under a competitive request for application. In the event Lessee does not Commence construction of the Building by the Construction Commencement Deadline, Lessor shall extend the Construction Commencement Deadline if Lessee provides documentation from Project lender ("Leasehold Mortgagee") and/or investor ("Investor") that construction cormrrencement of the Building is expected within six (6) months following the initial Construction Commencement Deadline. If documentation is not provided by Lessee, Lessor shall have the right to terminate the Ground Lease and neither party shall have any further obligations to the other party, Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before thirty (30) ruonths from commencement, subject to delays beyond the control of the Lessee, Lessee shall be solely responsible for the costs of repairing any damage (other than ordinary wear and teat) to Lessor's roads, water and sewer facilities or other infrastructure located within the Leased Land resulting from construction or 2 use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds necessary to complete the Building, and Lessee shall, prior to construction commencement, post a payment and performance bond or life security as required by to assure completion of the Project, Any entitlements, permits, and easements that are necessary to construct and use the Building as set forth in Exhibit "B" shall be pursued by Lessor. Lessor will join in or otherwise authorize Lessee to pursue such applications. Lessor shall pursue such applications with reasonable diligence and in a timely and commercially reasonable manner consistent with the prevailing standard of practice applicable to Dandling and processing land use matters in Collier County, Florida. In return, Lessor agrees to use is best efforts to cause the Collier County Growth Management Division and/or Board of County Commissioners to: (1) designate the application(s) submitted by Lessee as "Fast Tracy Process" and (ii) cause the applications for amendments to the GMP and LCD to be processed concurrently with Lessee's application to rezone the property. 6. Term of Ground Lease. The term of the Ground Lease shall commence upon its execution (the "Effective Date") and, unless terminated earlier by the Parties, shall terminate on the ninety-ninth (99`t') year anniversary from the Effective Date ("Teri-W ). There is no option to renew. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terns, covenants and conditions of the Ground Lease subject, however, to Lessor's right to seek legal relief to eject Lessee -from the Premises as a holdover. 7. Rent, The Lessee agrees to pay the Lessor the sum of $10.00 per annum, in advance, for each year of the Term. 8, Net Lease. This is a fully net lease, with Lessee responsible for all its costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all such costs, fees, taxes, permit, trash removal services, assessments, utility charges, impact fees and obligations of any bind that relate to the Premises. Lessee will indemnify and hold Lessor harmless from any and all actual claims, costs and obligations arising from Lessee's use of the Premises other than attributable to Lessor. ha case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs, reasonable attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request other than attributable to Lessor, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Liens and Mortgages. 9.01 Lessor shall not in any way encumber or lien the Premises and shall promptly remove any and all encumbrance or liens it placed against the Promises of its doing. All persons are put upon notice that the interest of the Lessee in the Premises shall not be subject to liens or encumbrance made by the Lessor. 9,02 Lessor acknowledges and agrees that it wilt not be possible for the Lessee to construct the Project without obtaining a loan or loans from one or more Leasehold Mortgagee. Therefore, Lessor hereby covenants and agrees that its interest in the Ground Lease, and to the extent not prohibited under the law its fee simple interest in the Premises ("Fee Estate"), is and shall be subject to, subordinate and inferior to any loan obtained by the Lessee for the purpose of financing the development and/or operation of the Project, and to the lien of Leasehold Mortgagee ("Leasehold Mortgage"), assignments of rents and leases, security agreements, and other collateral, security documents or instruments required by any Leasehold Mortgagee, and to all renewals, extensions, modifications, consolidations, replacements and refinancings, and to all advances made or hereafter to be made upon the security of the Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments. Lessor shall, at Lessee's request, join, execute and/or deliver any and all Leasehold Mortgages, assignments of rents and leases, security agreements, and other collateral, security documents or instruments as may be required by such lender or lenders in order to subject and subordinate the Lessor's interest in the Ground Lease (and if prohibited under the law its Pee Estate) in the Premises to the lien of such documents or instruments, and upon Lessee's request shall join, execute and/or deliver any and all such further instruments or assurances as any such lender or lenders may reasonably doom necessary to evidence or confirm the subordination of the Ground Lease or, to the extent not prohibited under the law, allowed the encumbrance of the Lessor's interest herein and the Lessor's ownership interest in the Fee Estate and the Premises to the lien of any such Leasehold Mortgage, assignments of rents and leases, security agreements, and other collateral, security docurents or instruments. Provided, however, and notwithstanding anything contained herein to the contrary, Lessor shall not be required to suffer, incur, accept or assume any personal liability for any such financing, loans or indebtedness, or any costs or expenses thereof, or any other indebtedness or liability of Lessee thereunder, and any Leaschold Mortgage, assignments of rents and leases, security agreements, and other collateral, security documents or instruments of any nature whatsoever which the Lessor may be called upon to join, execute and/or deliver under and pursuant to this section shall expressly exculpate Lessor from and against any and all such personal liability. Lessee may, without Lessor's consent, assign or mortgage the Ground Lease (including any options it contains) to any Leasehold Mortgagee under a Leasehold Mortgage. A Leasehold Mortgagee (and anyone whose title derives from a Leasehold Mortgagee) may, without Lessor's consent, hold a foreclosure sale or exercise the power of sale, tape title to the Ground Lease, and transfer or assign the Ground Lease, either in its own name or through a rrorninee. 9.03 Lien and Encumbrance. Lessee may encumber or lien the Ground Tease, and to the extent not prohibited under the law the Fee Estate, with any encumbrance, inchoate lien for taxes or municipal obligations, utility and access casements, affordability covenants, restrictions required by Section 42 of the Internal Revenue Code, other encumbrances incurred in the ordinary course of business of the Lessee, and other matters set forth in policy for title insurance insuring the Lessee's interest in the Ground Lease ("Permitted Encumbrance"). Lessor shall to the extend not prohibit by law, at Lessee's request, permit the Fee Estate to be encumbered by affordability covenants, and upon Lessee's request shall join., execute and/or deliver any and all such further instruments or assurances reasonably deem necessary to evidence or confirm the encumbrance on the Fee Estate, 9.04 Rights of Leasehold Mortgagee. Upon foreclosure or assignment in lieu of foreclosure of the Leasehold Estate, pursuant to the terms of the applicable Leasehold Mortgage, the most senior Leasehold Mortgagee shall have the right to acquire the Ground Lease in its oven name or the name of a nominee without consent or approval of Lessor. In the event that Lessee's interest hereunder is acquired by a Leasehold Mortgagee, or its nominee 4 or designee, then such Leasehold Mortgagee, or its nominee or designee, shall also have the right to further assign or sublet the Leasehold Estate hereunder to a third party without the consent or approval of Lessor•, 9.05 Non -Merger. The Ground Lease shall not terminate as to the Leasehold Mortgage because of any conveyance of leasehold interest in the Ground Lease to Lessor or of the Lessor's interest hereunder to the Lessee, Accordingly, if this Lease and the Fee Estate in the Premises are commonly held, then they shall remain separate and distinct estates. They shall not merge without consent by all Leaschold Mortgagees, 10, Lessee's Obligation to Maintain Premises and Compjy. withA_ll Lawful Requirements, Lessee, throughout the Terre of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land in good, sanitary and neat order, condition and repair, and shall abide with all applicable lawful requirements, If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will. be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice Lessee shall be subject to applicable fines or penalties available under Collier County law. 11. Quiet Enioymcnt. Lessee shall be entitled to quiet enjoyment so long as Lessee is not in default under Section 17 hereunder, on any of the tehns of the Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the Term. During the Ter'r7a, Lessee may, in its sole discretion, construct, improve, alter, maintain, or renovate the Building. Any such work may be undertaken by Lessee at any time or tinges during the Tema hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with the construction and agrees to execute any documents required by governmental authorities and any leader or investor evidencing Lessee's rights hereunder and consenting to such work, During the Terrn of the Ground Lease, Lessee may erect appropriate signage on the Leased Land and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 12. Casualty and Condemnation a, Casualty, _ ualty, if the Project is destroyed, or damaged to any extent by fire or other casualty, and Lessee shall apply any insurance proceeds ("Proceeds") to rebuild of restore the Leased Land to substantially its condition prior to such casualty event, unless the Lessee provides the Lessor with a written determination that rebuilding or restoring the Leased Land to such a condition with Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessee. If the Lessee elects not to repair or replace the improvements, then Lessee or Lessor may terminate the Ground Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after Lessee mares such election, unless extended by mutual written agreement of the Parties, During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If the Ground Lease is not ten-ninated as set forth herein, or if the Leased Land is damaged to a less than material extent, 'as reasonably determined by Lessee, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. The Proceeds shall be paid to Lessee, or as otherwise directed by Leasehold Morgtagee, b. Condemnation. Lessee may terminate this Lease as part of a condemnation Project. 13, Access to Premises. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after forty-eight (48) hour written notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of the Ground Lease, or make any required repairs not being timely completed by Lessee, provided, if Lessor wishes to access/enter any residential unit, it must do so in compliance with the applicable residential lease. 14. Termination and Surrender, Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease Tenn, Lessee shall redeliver possession of the Project to Lessor in good condition and repair subject to normal wear and tear. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipnent, and signs provided, however, at the termination of the Ground Lease, Lessor shall have the option to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assignment and Sublease. Lessor acluiowledges udder FHFC's Request of Applications, the Lease must be in the name of a legally formed single purpose entity ("SPE") applying for funding. Whereas, the Ground Lease is personal to Lessee. Lessee may assign or sublease the Ground Lease without the prior written consent of the Lessor to the SPE whose partner shall be an affiliate of Lessee. Affiliate is herein defined as a single purpose legal entity coaztrolled, through membership or general partnership interest, by Lessee. Lessee must provide written notice to Lessor of any sublease or assignment to an Affiliate within thirty (30) days of such conveyance. Any purported assignment to a non -Affiliate without the express written consent of Lessor shall be considered void from its inception. It is hereby acknowledged and agreed between the parties that all covenants, conditions, agreements, and undertakings contained in this Lease shall extend to and be binding upon the respective sublessees and assigns of the respective parties hereto. 16. Insurance. a. Lessee shall maintain general liability and property liability insurance policy(ies), for not less than Five Million and 00/100 Dollars ($5,000,000.00) combined single limits during the Terns of the Ground Lease, If such amounts are less than required by Leasehold Mortgagee, Lessee shall comply with the amount required by Leasehold Mortgagee. b. Upon completion of the Building, Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located an the Leased Land and all of Lessee's property located on or in the Leased Land including, without. limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then -existing fiill replacement value, but in no case less than the amount required by the Leasehold Mortgagee, c. All of the above -described insurance policy(ies) shall list and continuously maintain Lessor as an additional insured thereon, The property insurance policy shall list the lessor as their interest may appear, Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, prior to the insurance taking effect, and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or material changes in policy(ies) coverage. The issuer of any policy must have a Ceilificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be rosponsi6le and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. d. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of the Ground Lease and Lessor shall have the remedies set forth below. 17, Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the cure period set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: Lessee's abandonment of Leased Land and its determined non --use continues for ninety (90) consecutive days and discontinuation of Lessee's operation. ii. After construction completion of the Project, Lessee's failure to utilize the Leased Land as set forth in 2 and 3 of Exhibit B, which continues for more than one (1) year after such failure and the notice period in Section 4 above. iii. Any lien, other than those permitted encumbrances under Section 9, is filed against the Lessee's interest on the Fee Estate, and the swine remains unreleased for a period of sixty (60) days from Lessee's notice unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. b. Remedies of Lessor. During the Default by Lessee, Lessor, may apply all rights under this Lease, by law and equity against the Lessee. ii. If Lessee fails to promptly pay, when due, the rent or any other sum payable to Lesson under the Ground Lease, and if said sum remains unpaid for more than ten (10) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (S%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of 7 two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor, iii, During the Default by Lessee, Lessor may sue for direct, actual damages arising out of such Default by Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under the Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorney's fees and costs incurred arising out of Lessee's default under the Ground Lease, e. Default by Lessor. Lessor shall in no event.be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default, but not to exceed an additional ninety (90) days) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, ill Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. No Rernedy Exclusive. No rernedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such reriiedy will be cumulative and in addition to every other remedy given under the Ground Lease or hereafter existing under law or in equity, No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. E Non -Waiver; Every provision hereof imposing an obligation upon Lessee is a rrraterial inducement and consideration for the execution of the Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of the Ground Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach way have continued. Miscellaneous Legal Matters 18, The Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under the Ground Lease, the Parties shall first use the County's then- currerit Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of the Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 19, Other than that certain future Devetopment Agreement, the Ground Lease contains the entire agreement of the Patties with respect to the matters covered by the Ground Lease and no other agreement, statement or promise trade any party, or to any employee, officer or agent of any party, which is not contained in the Ground Lease shall be binding or valid, Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of the Ground Lease by the Parties. 20. In the, event state or federal laws are enacted after the execution of the Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of the Ground Lease, then in such event the Ground Lease shall be modified or revolted as is necessary to comply with such laws, in a manner which best reflects the intent of the Ground Lease. 21. Except as otherwise provided herein, the Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by certified nail. If given by certified mail, the notice shall be decraod to have been given when received or first required. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of the Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows; If to Lessor: County Manager Collier County Manager's Office 3301 East Tamiami Trail Naples, Florida 34112 If to Lessee: McDowell Housing Partners 601 Brickell IK-ey Drive, Suite 700 Miami, FL 33131 Attention: Chris Shear with a copy to: Nelson Mullins Broad and Cassel 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 Attention: Roman Petra, Esq. Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 22. Lessee is an independent contractor and is not any agent or representative or employee of Lessor. During the Term of the Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of the Ground Lease or to have any rights to enforce the Ground Lease against either party hereto or otherwise. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee -employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 23. Neither party to the Ground Lease will be liable for any delay in the performance of any obligation under the Ground Lease or of any inability to perform an obligation under the Ground Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strife, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, -lightning, wind, drought, and the binding order of any governmental authority. 24, Lessee will not: transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub -contractors, sub -sub -contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land except in the ordinary course of business. 25. In compliance with Section 404.056, Florida Statutes, all .Parties are hereby made aware of the following; Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained front your County. Public Health Department, 26. The Lessor agrees to cooperate with any audits that are required to be conducted in accordance with the provisions set forth in Florida Statutes, Section 20.055(5). 27. Lessee shall execute the Ground Lease prior to it being submitted for approval by the Board of County Commissioners. A memorandum of the Ground Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into the Ground Lease, at Lessee's sole cost and expense. 28. Lessee and Lessor shall enter into a developer agreement ("Development Agreement") prior to the conunencenient of construction of the Building which shall be no later than Construction Commencement deadline set forth in Paragraph 5. Lessee shall not be allowed to commence construction of the Building until the Development Agreement is executed by the Parties. 29, Lessor acknowledges that Lessee's lender or investor may request changes to the Ground Lease, Lessor agrees to reasonably amend the Ground Lease as necessary to accommodate the Mortgagee Lender and/or Investor 30, In addition to any rights of the Mortgagee Lender or Investor, if, within ninety (90) days after the mailing of any notice of termination or, such later date as is. thirty (30) days following the expiration of the cure period, if any, afforded Lessee, such lessee or investor cure Default by Lessee. 31. Notwithstanding anything to the contrary herein, during the Tenn of the Ground Lease, the Lessor shall not transfer, encumber or otherwise dispose of the Fee Estate or the Premises or any interest therein without the prior written consent of the Lessee, Investor, and the Leasehold Mortgagee 0 32. The Ground Lease contains the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified by virtue of the powers and authority vested in the Collier County Manager, Collier County, or Board of County Commissioners. 31 Each party hereto shall, at any time and from time to time within ten (10) days after being requested to do so by the other party, arty Leasehold Mortgagee or Investor in writing, execute, acknowledge; and address and deliver to the requesting patty (or, at the latter's request, to any existing or prospective mortgagee, transferee, Investor or other assignee of the requesting party's interest in the Premises or under this Lease which acquires such interest in accordance with this Lease), a certificate in recordable form, certifying (a) that the Ground Lease is unmodified and in full force and effect (or, if there has been any modification thereof, that it is in full force and effect as so modified, stating therein the nature of such modification); (b) that Lessee has accepted possession of the Premises, and the date on which the Term commenced; (c) as to the dates to which rent and other charges arising hereunder have been paid; (d) as to (lie amount of any prepaid rent or any credit due to Lessee hereunder•, (e) as to whether, to the best of such party's knowledge, information and belief, the requesting party is then in default in performing any of its obligations hereunder (and, if -so, specifying the nature of each such default); and (f) as to any other fact or condition reasonably requested by the requesting party; and acknowledging and agreeing that any statement contained in such certificate may be relied upon by the requesting party and any such other addressee, 34. If any provision of the Ground Lease be held to be void or unenforceable under the laws of any place goveining its construction or enforcement, the Ground Lease shall not be void or vitiated thereby, but shall be construed to be in force with the same effect as though such provisions were omitted. REMAINDER OF PAGE INTENTIONALLY LEFT BLAND. SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed the Ground Lease the day and year first above written. AS TO THE LESSEE: Witness (signature) Tit -Rau ] l► (print name) Witn ss (signature) NWlea Min (print Maine) AS TO THE LESSOR: ATTEST: CRYSTAL K. KINZEL, Clerk !In , Deputy Cleric Approved as to form and legality: Jennifer A. Belpedt Assistant County Attorney % 00 McDowell Housing Partners, LLC By: Charles W. Kos) os , Chief Financial Officer (Print Name and Title) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA William L, McDaniel, Jr., CHAIRMAN Approved in absentia per Resolution 20Q0-1 on Au 13 20�.9 By: �`0t E. Ochs, J,., County Manager 12 EXHIBIT A rnTnr GB CIJMM ;Nellul�N'I' N'Esr 1/4 (mmER OF 5L(:T{0N 4 I POINT OP 1 MST LINE OF f iH% S1Y 1 4 f CF 3ECTIO •I.�_ r n �+ La n ai uo` . l' S89'dTi'0'J"'IF r D.Qik LEGEND; f R/W ^ RICHF-CF-WAY [ 6 SB9'4Y0tS"W 3UA.0� t44 DESCRIPTION: A PARCEL OF LAND LOCATED, IN SEOWN 4, TOViNWP 50 SOUTH, € M*tE 28 EAST, COWER COUNTY, R")DA AND BEING MORE PARTICt"IILY DESCRIBM AS MLLOISS, r COMIERGE AT ME 4IEST 0-JARTER CORt N OF SECTION 4, TOYNISHIP 50 SOUTH, RANGE 25 EAST, COLLIER CO'JNYT, FLORIDA,, THENCE 1{,g0'36'57'E. MOO FEET To T1ti EA5T 32.t. HT OF 'HAY LIFE OF SANTA BARBARA OWLEVARD{ THENCE S.CO'14'5f5. Ai03,10 &M EAST RIGHT OF WAY LINE 120.00 FEET TO THE P011a OF BEWIN-mG: 'WERCE 14.8413O'87 E. 343,47 FEET: THEN& 9.OD'002"E, 640.04 FEET, 1HENsC3 $,tt8'$:1'O$" 3DO.65 iET; TICK( N,011'14'S2 H. Gf,70 F'GE 1: Ifitligr 15.Ra'40'O.9*IV, 0.00 FW, Tit€NCE NAO'14'52"W. $77,70 FEET TO THE POWT OF BEOINNM. CONTARtING 222,309 SOUNIE FfV OR 5,11 Aches, MORE OR LEuS, f N0T> S; CERTIFICATION- L T113S 14 NOT A S+JRVcY_ 2. BEARINGS ARE BASED Ott THE WEST Barry£. Syraa (For eha VIrM LE 9142) �e LINE OF TAE SCUTTi/I ST' QUARTER OF PTatannfonal Lart6 $vnnycr Fw1do Cwli-auto Ng. 15306 SEIWON 4, AS BEING N, O414°52" W. 3. SUBJECT 74 EASEMENTS,,RESERVAIIQNS flute F.JrivJr a AND RESTRIOR(IfI& OF RECORD. Slot wild Klshoat the asg«©twe OnO tho O021101 rGhe4 ['b atal at a FI4r'da Lkanacd Fnrvn)ar an4 Mopptr u. c_ u It"10, FLONDIA 34112 .5}:L'l'C1I ANL3 f3[iSC[t(P`] tUN Nf0hT.. (249) 434-033 ft,( (230) 414-4320ENGINEERTNG rnrc rr w. nx na s vur C.D. f542 & L,O, ,f$43 sfftYrT TSCUdT7fl-a7 ia.rrs 2e ;• w 14G' M F Note: This Long Term Ground Lease shall be exclusive of any property used for Collier County Master Pump Station #313 (MSP313). 13 EXHIBIT B The minimum affordable requirements include, but are not limited to: 1) A three-story walls -up garden building, or a. four-story elevator building, with at least 78 units ("Buililing") and on grade parking in accordance with the conceptual site plan provided below ("Project"), The units shall feature solid surface countertops; plywood cabinets; ceramic aiid/or luxury vinyl the mooring; full-size energy star appliances including range, refrigerator microwave, and dishwasher; and LED lighting. Community amenities will consist of on -site management and maintenance; stand-alone clubhouse or multipurpose community room, swimming pool; fitness center; rnedia/cotuputer room; and outdoor tot lot. 2) Workforce Dousing for households earning between 30-120% of area median income. 3) Lessee will include a minimum 10% of units identified for seniors, veterans and/or special needs populations. 4) Conceptual site plan: MC013WELL Fid L�B[r1G PafeTwersS 11 I 0 PUMP 165- MEW PUMP -STA. PROP. W7°jaFi:roxl PROPOSED � SITE PLAN UNEP=r BEMBRIDGE COLLIER COUNTY, FLORIDA S2&18 SAN'iABARHARA BLVD. 14 rN 1 ;LEB> W' 1q)CH SITE. DATA EMST€NG SITE ARFA 3S6 Ae PROPOSED SITE AREY 3.79 Ae € (OPP ) PROPOSED USe, MULTIFAMILY BUILDINGS A:24 UNITS B: 34 uSJrrs HE1GHT:3STORY UNITS t BED_ 24 2 FIFD:46 3 BED: 42 I TOT: 82 UNITS PARf9NG 144 SPACES N -4 5Crti1E: i'-Eff a, r S ENTIO APEA q' €6 5]' Fob' AETENTIQN POND L y� ORDINANCE NO. 05-46__ AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 PLANNED UNIT DEVELOPMENT (PUD), TO COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) FOR A PROJECT TO BE KNOWN AS THE BEMBRIDGE EMERGENCY SERVICES COMPLEX COMMUNITY FACILITIES CFPUD AND RPUD, TO AMEND THE PUD DOCUMENT AND MASTER PLAN TO SHOW A CHANGE IN USE FROM A CHURCH OR A NURSING HOME, TO ALLOW DEVELOPMENT OF VARIOUS PUBLIC AND COMMUNITY FACILITIES TO INCLUDE GOVERNMENT FACILITIES AND AN EXISTING ELEMENTARY SCHOOL AND RETENTION OF RESIDENTIAL USES FOR PROPERTY LOCATED ON SANTA BARBARA BOULEVARD, NORTH OF DAVIS BOULEVARD (SR 84), IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 39.82± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-06, THE FORMER BEMBRIDGE PUD ORDINANCE; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Coastal Engineering Consultants, Inc., representing Collier County Board of County Commissioners, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to CFPUD and RPUD for a project to be known as the Bembridge Emergency Services Complex CFPUD and RPUD, to amend the PUD Document and Master Plan to show a change in use from a church or a nursing home, to allow development of various public and community facilities to include government facilities, an existing elementary school and retention of residential uses in accordance with the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate Page 1 of 2 zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 98-06, known as the Bembridge PUD, adopted on October 13, 1998, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /J day of cm, �rl', 2005. ATTEST: DWIGHT E. BROCK, CLERK •,. 1, At St, ' as . "Chi fi Approved as to, Fotin and Legal Sufficiency Mari ole M. Student -Stirling Assistant County Attorney PUDZ-A-2004-AR-5998/KD/sp Attachment: PUD Document BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '7;kBY: W. (:�!7! FRED W. COYLE, CH MAN This ordinance filed with the Sec,,retary of S�:RtC)ffice the 2J<J day o f Se_f4ertber2006 and acknoWr,cof that fillno received ,his 27 day of �r 2 ----- �uly rk �. Page 2 of 2 BEMBRIDGE EMERGENCY SERVICES COMPLEX A COMMUNITY FACILITIES AND RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 9-1 3-90 5 ORDINANCE NUMBER 205-4 6— AMENDMENTS AND REPEAL 19 g a—o h Exhibit A Revised September 19, 2005 PUD Document final version 9-19-05.doc I TABLE OF CONTENTS Page Listof Exhibits.................................................................................3 Statement of Compliance.................................................................4 Section I Property Ownership and Description ...........................5 Section II Project Development Requirements .............................7 Section III Community Facilities Areas Plan...............................10 Section IV General Development Commitments .........................15 PUD Document final version a-! 9-05.doc K LIST OF EXHIBITS EXHIBIT A PUD Master Plan PUD Document final version 9-19-05.doc STATEMENT OF COMPLIANCE The development of approximately 39.82f acres of property in Collier County, as a Community Facilities Planned Unit Development to be known as Bembridge Emergency Services Complex Community Facilities Planned Unit Development (Bembridge ESC CFPUD and RPUD) shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP), and implementing land development regulations. The Calusa Park Elementary School and auxiliary school facilities are subject to the Interlocal Agreement adopted in May 2003. The Calusa Park Elementary School and existing facilities shall also be considered consistent with the Growth Management Plan. The land uses of the CFPUD and the RPUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict Land Use Designation and located just north of Activity Center #6 as identified on the Future Land Use Map. Residential uses, government facilities and essential services are permitted within this designation. 2. The subject property is located within the residential density band of Mixed Use Activity Center Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boulevard. As such, the subject property is eligible for 3 additional dwelling units per acre (DU/A). The projected density of 6 DU/A is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Density (Based on FLUE Density Rating System) 4.0 DU/A Bonus Density, proximate to an Activity Center 3.0 DU/A Permitted Density 7.0 DU/A RPUD Density (calculated on undeveloped portions of Tract A only) 6.0 DU/A 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's intensity as required in Objective 2 of the Future Land Use Element (FLUE). 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. The project development will result in an efficient and economical extension of community facilities and services. 5. All final local development orders for this project are subject to Sections 6.02.00 and 10.02.07 of the Collier County Land Development Code (LDC). PUD Document final version 9-19-05.doc 4 6. The Bembridge ESC CFPUD and RPUD project is compatible with and complementary to existing and future surrounding land uses and is considered to be consistent with Policy 5.4 of the FLUE. l'D Document final version 9-19-05.doc 5 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bembridge ESC CFPUD and RPUD. 1.2 LEGAL DESCRIPTION The subject property is currently known as the Bembridge PUD, which is approximately 39.82± acres, located in Section 4, Township 50 South, and Range 26 East, and described as follows: The Northwest 1/4 of the Southwest 114 of Section 4, Township 50 South, Range 26 East, Collier County, Florida. Tax Folio Numbers: 00399840007, 00400246406, 00400246309 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, 3301 Tamiami Trail East, Naples, FL 34112, and the Collier County School District, 5775 Osceola Trail, Naples, FL 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project is located on the east side of Santa Barbara Boulevard approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis Boulevard. B. The zoning classification of the subject property prior to the effective date of this approved CFPUD Document was Planned Unit Development (PUD). That PUD was approved by the Board of County Commissioners in 1998 (Ordinance 98-86) for residential and church use with a nursing home. Prior to that date it was designated Agricultural. C. Collier County Public Schools purchased 39.82± acres of the Bembridge PUD in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002, Collier County purchased a 5.998± acre parcel and a 7± acre parcel from the PUD Document final Version 9-19-05.doc 6 School District of Collier County to build the ESC Center and EMS Station #19 and water management lakes. D. The property has received the following approvals: I. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004. 1.5 PHYSICAL DESCRIPTION The project site is located within the Lely Canal Sub -basin. Run-off from the site is routed to the Davis Boulevard swale via an improved easement along the eastern boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis Boulevard swale system along County Barn Road, around the Royal Wood Development to a canal which is tied to the Lely Canal. The current permitted, pumped discharge will be replaced by a system of interconnected lakes designed for water quality treatment and run-off attenuation to pre -development rates. A water management lake will be constructed by the Collier County Transportation Division on five acres located in the southwest corner of this project, which will serve Santa Barbara Boulevard (6-lanes), residential uses, EMS Station #19, and Calusa Park Elementary School. An existing detention lake is located in the central area of the project on the elementary school site. Elevations within the project site range from 9.5 to 10.5 feet above mean sea level. The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415. The soils on this site are primarily Boca fine sand and Pineda fine sand and are modified by development of the site. 1.6 PROJECT DESCRIPTION The Bembridge ESC CFPUD and RPUD project is a multi -use project. Major uses consist of residential uses, those related to public safety (emergency medical services), the existing Calusa Park Elementary School and related auxiliary school facilities, and water management facilities which will serve these facilities and Santa Barbara Boulevard. 1.7 SHORT TITLE This Ordinance shall be known and cited as the `Bembridge ESC Community Facilities CFPUD and RPUD Ordinance." 'UD Document final version 9-19-05.doc 7 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bembridge ESC CFPUD and RPUD shall be in accordance with the contents of this Document, the CFPUD and RPUD- Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply to the ESC Tracts "A" and "B". Tract "C", Calusa Park Elementary School and auxiliary facilities are subject to the Interlocal Agreement between the Collier County School District and Board of County Commissioners adopted in May 2003. B. Unless otherwise noted, the definitions of all terms in this Document have the same meaning as the definitions set forth in Collier County LDC. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bembridge ESC CFPUD and RPUD shall become part of the regulations that govern the manner in which the Bembridge ESC CFPUD and RPUD site shall be developed. D. The provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement (Adopted May 2003), where applicable, remain in full force and effect with respect to the development of the land which comprises the Bembridge ESC CFPUD and RPUD. E. The Master Plan is illustrated graphically as Exhibit A. The location, size and configuration of the individual water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Section 10.02.03. of the LDC. PUD Document final version, 9-19-0>.doc 8 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit A, the Master Plan. There shall be two land use tracts (Tracts "A" and "C") with necessary water management lakes, street rights -of - way, the general configuration of which is also illustrated by Exhibit A. Tract "A" represents the future residential area and Emergency Management Services building and related facilities. Tract "C" represents the existing Calusa Park Elementary School. An additional development tract, Tract "B", represents the lake and lake expansion area which will provide detention for stormwater run- off for this project and the Santa Barbara Boulevard road improvements. B. In addition to the various areas and specific items shown on Exhibit A, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The EMS Station #19 shall not exceed 7,000 square feet. Ancillary uses, such as heating, cooling, air conditioning mechanical equipment buildings and radio tower equipment areas, do not count towards this building area allocation. The gross residential project density shall be a maximum of 6.0 units per acre, based upon the undeveloped portion of Tract A only. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Final plans for all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit A, the Master Plan, constitutes the required PUD development plan. C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Section prior to the issuance of a building permit or other development order. D. Appropriate instruments shall be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the CFPUD and RPUD as provided in the Collier County LDC, Section 10.02.13.E. PUD Document final version 9-19-05.doc 9 SECTION III COMMUNITY FACILITIES PLAN 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan. 3.2 GENERAL DESCRIPTION The CFPUD and RPUD provides for a maximum of 7,000 square feet of building area for permitted and accessory emergency operations uses, limited to an EMS use, as well as the existing Calusa Park Elementary School and a residential area, on 39.82± acres. Ancillary uses, such as HVAC and radio tower equipment areas, do not count towards this building area allocation. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Educational plants (Tract "C") 2. Emergency medical services (Tract "A") 3. Residential units that are one -family and two-family dwellings, townhouse dwellings, garden apartment dwellings, and multi -family dwellings (limited to 6 units per acre on Tract "A" only) B. Uses Accessory to Permitted Uses: 1. Accessory uses and structures customarily associated with the principal uses including carports, garages, and utility buildings for residential uses within Tract A. 2. Residential and commercial uses of an accessory nature which are incidental and customarily associated with support of a principal use 3. Accessories for residential use such as recreational uses and facilities including swimming pools, tennis courts, children's playground areas, tot lots, walking paths, picnic areas, recreation buildings/clubhouses, and basketball/ shuffle board courts for residential uses within Tract A. 4. Temporary use of the site for public purposes in accordance with Section 10.02.06.G. of the LDC. PUD Document final version 9-19-0;.doc 10 5. Parking facilities (Tract "A" and "C"). 6. HVAC plants and other like facilities (Tract "A" and "C"). 7. Major maintenance and service facilities (Tract "A" and "C") 3.4 COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. Minimum Lot Area: None required. B. Minimum Lot Width: None required. C. Minimum Yards: 1. Principal & Accessory Structures a. Perimeter of CFPUD Fifty (50) feet or''/z the building abutting residentially height, whichever is greater. zoned property. b. Perimeter of CFPUD Twenty-five (25) feet or t/z the building abutting non residentially height, whichever is greater. zoned property. C. Waterfront Zero (0) feet to bulkhead or rip -rap at top or bank, otherwise 20 feet. D. Distance Between Principal Structures on the Same Parcel: A minimum of 15 feet or one-half the sum of the building heights as measured by the closest exterior building walls, whichever is greater. E. Distance Between Accessory Structures on the Same Parcel: A minimum of 10 feet between detached accessory structures and between accessory structures and principal structures. F. Maximum Building Height: 1. Principal buildings shall not exceed 40 feet in height nor 3 stories, whichever is less. 2. Accessory structures shall not exceed 30 feet in height. PUD Document final version 9-19-05.doc 11 3.5 RESIDENTIAL USE DEVELOPMENT STANDARDS A. Minimum Yards: 1. Yards along Santa Barbara Boulevard: Seventy (70) feet for one (1) and two (2) story structures and one hundred fifty (150) feet for three story structures. 2. Yards from on -site lakes: 3. Yards for internal tracts: height twenty (20) feet. Front — 30 feet or half the building Side / Rear — 20 feet B. Minimum Floor Area (residential units): 1. One bedroom units — six hundred (600) square feet. 2. Two bedroom units — eight hundred fifty (850) square feet. 3. Three bedroom units — eleven hundred (1100) square feet. 4. Four bedroom units — one thousand three hundred fifty (1350) square feet. C. Distance Between Principal Structures: 1. Between one (1) story structures — Ten (10) feet. 2. Between one (1) story and two (2) story structures — Fifteen (15) feet 3. Between one (1) story and three (3) story structures — Twenty (20) feet 4. Between two (2) story structures — Twenty (20) feet 5. Between two (2) story and three (3) story structures — Twenty-five (25) feet 6. Between three (3) story structures — thirty (30) feet D. Maximum Building Height: 1. Principal buildings shall not exceed 40 feet in height or 3 stories, whichever is less. 2. Accessory structures shall not exceed the height restrictions of the LDC. 3.6 PROVISIONS FOR OFF -SITE REMOVAL OF EARTHEN MATERIAL The excavation and stockpiling of earthen material in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off -site disposal is also hereby permitted subject to the following conditions: PUD Document final version 9-19-05.doc 12 A. Excavation activities shall comply with "clear and fill" application requirements pursuant to Subsection 4.06.04.A.l.a.iii of the LDC. Off -site removal shall be limited to 10% of the total volume excavated, but not to exceed 20,000 cubic yards as set forth in the Collier County Code of Laws and Ordinances. B. All other provisions of the Collier County Code of Laws and Ordinances, shall apply. 3.7 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4:1 2. Ground cover berms Perimeter 3 :1 Internal to project 3:1 3. Structural walled berms - vertical B. Landscape buffers, berms, gates, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD boundary prior to preliminary subdivision plat and site development plan submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the LDC. Landscape and irrigation plans shall be submitted to Collier County Community Development and Environmental Services (CDES) for approval prior to construction. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers as permitted by Section 4.06.02.D.4. of the LDC. D. A Type "D" buffer shall be provided along Santa Barbara Boulevard for the portion of Tract "A" that is developed with residential uses. 3.8 DESIGN GUIDELINES AND STANDARDS The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land as set forth in Section 2.03.06. of the LDC. 3.9 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Bembridge ESC CFPUD. General permitted uses are those uses which generally serve the facilities. PUD Document final version 9-19-0i.doc 13 A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Temporary construction and administrative offices for authorized contractors and consultants, including necessary access ways, parking areas and related uses. 3.10 SIGNAGE All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion of signs for Calusa Park Elementary School which are subject to the provisions of Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal Agreement of May 2003. Two entry signs for the Calusa Park Elementary School shall be permitted, if one is a marquee sign (see 4.13.F). 3.11 SIDEWALKSBIKEPATHS A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the Bembridge ESC CFPUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal sidewalk shall be permitted within drainage easements. 2. Sidewalks may be located outside platted rights -of -way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements. PUD Document final version 9-1 a-O;.doc 14 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Bembridge Emergency Services Complex CFPUD. 4.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa Park Elementary School which is subject to the requirements Section 10.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003. Except where specifically noted or stated otherwise, the standards and specifications of Chapter 4 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer, is bound by the commitments within this Document. 4.3 CFPUD MASTER PLAN A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset provisions of Section 10.02.13.D of the LDC, as amended. PUD Document Final version 9-19-05.doc 15 B. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 10.02.131 of the LDC. 4.5 ENGINEERING A. All project development shall be consistent with the LDC. 4.6 UTILITIES A. Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights -of -way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 04-31, as may be amended. B. Upon completion of the utility facilities, the facilities shall be tested to insure they meet Collier County utility construction requirements in effect at the time construction plans are approved. 4.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to approval of the site development plan. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws and Ordinances. All lake dimensions shall be approved at the time of excavation permit approval. 4.8 ENVIRONMENTAL A. A minimum of sixty (60) percent open space of the gross area of the portion of the site that is developed for residential purposes, as described in Section 4.02.01.B of the LDC, shall be provided. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to the Department of Environmental Services Staff for review and approval prior to final site plan/construction plan approval. C. This CFPUD shall be consistent with the Environmental Sections of the Collier County GMP and the Collier County LDC in effect at the time of final development order approval. PUD Document final version 9-19-05.doc 16 D. Environmental permitting shall be in accordance with the State of Florida Environmental Resource- Permit Rules and be subject to review and approval by the Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. E. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 4.9 TRANSPORTATION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall meet the requirements of the Collier County LDC . B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first certificate of occupancy (CO). C. All work within Collier County rights -of -way or public easements shall require a right-of-way permit. D. The development shall be designed to promote the safe travel of all roadway users including bicyclists, and shall provide for the safety of pedestrians crossing said roadways. Sidewalks shall be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 4.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure, except for a construction site administrative office. 4.12 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 4.06.00 of the LDC in effect at time of building permit application. PUD Document final version 9-19-05.doc 17 4.13 DEVIATIONS FROM LAND DEVELOPMENT CODE A. Deviation withdrawn B. Deviation withdrawn C. Deviation withdrawn D. Deviation withdrawn E. Deviation withdrawn F. Subsection 5.06.00 of the LDC — Signs Deviation from Subsection 5.06.06.C.1 of the LDC, which limits the number of signs to one ground sign or one pole sign. Calusa Park Elementary School shall be permitted two entry signs with one being a marquee sign. G. Deviation withdrawn PUD Document final version 9-19-05.doc 18 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-46 Which was adopted by the Board of County Commissioners on the 13th day of September 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of September, 2005. DW I GHT E . BROCK .',t �� Clerk of Coukts�,`-i.id�"Clerk Ex-officio t9: Beard Cou y Comm%�}sibrier Heidi R. Rbckhold, Deputy Clerk