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Agenda 10/26/2021 Item # 9C (Ordinance - Randall Curve MPUD)9.0 10/26/2021 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from Estates (E) Zoning District to a Mixed -Use Planned Unit Development (MPUD) Zoning District for the project to be known as Randall Curve MPUD, to allow the development of up to 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations. The subject multi -family property is in the southeast quadrant of the intersection of Immokalee Road and Goodlette Frank Road, consisting of 28.85f acres and the CPUD is located south of Immokalee Road and both east and west of Goodlette Frank Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida; and by providing an effective date. (Companion to item 9D) 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 petitioner proposes to rezone 50.18± acres from Estates (E) to a Mixed -use Planned Unit Development (MPUD). The MPUD will allow up to 400 dwelling units and 150,000 square feet of commercial land uses including all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. The C-4 uses include motor freight transportation and warehousing (mini and self - storage warehousing only), car washes, medical and dental laboratories, and nursing and professional care facilities. The public uses will be not subject to the maximum gross floor area limitations. See Attachment A -Proposed PUD Ordinance. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed commercial development, vehicular circulation, preserve, and water management areas. The Master Plan also shows that 17± acres will be commercial area, 19.5± acres will be residential, 1.0± acres will be public, 1,57± acres will be dedicated to 4th Street N.E. right-of-way, 2.8± acres will be water management, 1.71± acres will be buffers, and 6.6± acres will be preserve. A minimum of 30% open space will be provided. To the north of the subject PUD is the BCHD1 Commercial Planned Unit Development (CPUD), recently approved for 200,000 s.f. of commercial development. There is a proposed vehicle/pedestrian interconnect between the two PUD's. To the east of the PUD is Immokalee Road and then Orange Tree PUD, developed with single-family residences. To the south of the PUD is Orange Tree PUD, developed with a commercial shopping plaza. To the west of the subject PUD, is 4th Street N.E. and then the Estates, which is mostly developed with single-family residences. The proposed PUD boundary setbacks are 25 feet from Immokalee Road, 25 feet from the BCHD1 CPUD boundary to the north, and 75 feet from the western N.E. 4th Street (Estates) boundary. The petitioner proposes a maximum zoned height of 45 feet and an actual building height of 55 feet. There is a proposed 20-foot wide Type D Landscape Buffer (trees 25 feet on center and a 2-foot tall hedge) along Immokalee Road and 4th Street N.E. Packet Pg. 245 10/26/2021 9.0 There are 11 proposed deviations related to facilities with fuel pumps, street system requirements, sign regulations, fences/walls, and sidewalks/bike lanes/pathways. For further information, please see the Deviation Section of the Staff Report located on page 17. FISCAL IMPACT: The PUD Rezone (PUDR) 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. 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 PLAN (GMP) IMPACT: Comprehensive Planning staff has reviewed the proposed PUDR and upon adoption of the Growth Management Plan amendment (PL20190002355, Immokalee Road/4th Street NE Mixed -Use Subdistrict) the subject petition can be found consistent with the Future Land Use Element (FLUE) of the GMP. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard Petition PUDA-PL20190002356, Randall Curve MPUD on October 7, 2021. The group housing land use was removed by the petitioner. The CCPC voted 5-0 to forward this petition to the Board with a recommendation of approval subject to the following revisions to the PUD Document: Add a "flyover" commitment; Provide a 6-foot height hedge along the edge of the preserve; and Include the four staff conditions of approval: 1. The following statement shall be added to Exhibit F, Developer Commitments, 3.b.: "The interconnection shall remain open to the public." 2. Exhibit B "Development Standards" shall be modified to include an (Internal) 20-foot front yard setback for Amenity Centers. 3. The development along the water management lake shall provide a 20-foot-wide Type C Landscape Buffer between the water management lake and the rear of the commercial parcel. 4. The "water management' label on the Master Plan shall be relabeled as "water management lake." 5. There shall be no outdoor amplified sound during weekend hours between 10 p.m. and 8 a.m. The requested revisions have been made. Condition of Approval 2 has been expanded to include the rear of the residential parcel per a neighboring resident's request. See Attachment A -Proposed Ordinance. LEGAL CONSIDERATIONS: This is a site specific rezone from an Estates (E) Zoning District to a Mixed -Use Planned Unit Development (MPUD) Zoning District for a project which will be known as the Randall Curve MPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Criteria for MPUD Rezones Packet Pg. 246 9.0 10/26/2021 Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed MPUD with the goals, objectives, and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with MPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map, and the elements of the Growth Management Plan? 10. Will the proposed MPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested MPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege 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? Packet Pg. 247 10/26/2021 9.0 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed MPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the MPUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. The proposed Ordinance was prepared by the County Attorney's Office. This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. (HFAC) RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends that the Board of County Commissioners approve the request for Petition PUDR-PL20190002356, Randall Curve MPUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA. Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Division ATTACHMENT(S) 1. Attachment A -Ordinance - 101221 (PDF) 2. Staff Report Randall Curve 9-29-21A (PDF) 3. Attachment B-NIM Transcript (PDF) 4. Letter of Concern-Pellitier 10-12-21 (MSG) 5. [Linked] Attachment C-Application (PDF) 6. Mafhini LOO 10-13-21 (PDF) 7. CCPC-BCC Hybrid Meeting Waiver (Executed) (PDF) 8. legal ad - agenda IDs 20156 & 20161 (PDF) Packet Pg. 248 9.0 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 9.0 Doe ID: 20156 Item Summary: Zoning Petition - PL20190002356-Randall Curve MPUD, This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Estates (E) Zoning District to a Mixed -Use Planned Unit Development (MPUD) Zoning District for the project to be known as Randall Curve MPUD, to allow development of up to 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations. The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, consisting of 50± acres; and by providing an effective date. (Companion to item 9D) Meeting Date: 10/26/2021 Prepared by: Title: Planner, Principal — Zoning Name: Nancy Gundlach 09/21/2021 4:05 PM Submitted by: Title: — Zoning Name: Mike Bosi 09/21/2021 4:05 PM Approved By: Review: Growth Management Department Zoning Growth Management Department Zoning Growth Management Department Lissett DeLaRosa Growth Management Department Ray Bellows Additional Reviewer Trinity Scott Transportation Mike Bosi Zoning Director Review James C French Growth Management Completed 09/22/2021 3:50 PM Completed 09/30/2021 5:09 PM Skipped 09/28/2021 12:47 PM Completed 10/12/2021 8:55 AM Completed 10/12/2021 12:13 PM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 10/13/2021 2:58 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 10/13/2021 3:05 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/13/2021 4:41 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/14/2021 10:04 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/20/2021 2:47 PM Board of County Commissioners Geoffrey Willig Meeting Pending 10/26/2021 9:00 AM Packet Pg. 249 9.C.a ORDINANCE NO.2021 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS RANDALL CURVE MPUD, TO ALLOW DEVELOPMENT OF UP TO 400 DWELLING UNITS, AND 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, EXCEPT PUBLIC USES ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST, CONSISTING OF 50t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20190002356) WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, Inc. and Richard D. Yovanovich, Esq., representing Richard D. Yovanovich, Esq. as Successor Trustee of the Land Trust 850.024, under Land Trust Agreement dated December 1, 2005, and of the Land Trust 850.031, under Land Trust Agreement dated December 1, 2005, and of the Land Trust Agreement dated June 10, 2009 known as Trust Number 850.045, and of the Golden Gate Boulevard West Trust, petitioned the Board of County Commissioners of Collier County, Florida, 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 22, Township 48 South, Range 29 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Mixed -Use Planned Unit Development (MPUD) for a 50± acre project [20-CPS-02002/1668115/ 11162 Randall Curve /PL20190002356 Page 1 of 2 10/12/21 Packet Pg. 250 9.C.a to be known as Randall Curve MPUD, to allow development of a maximum of 400 dwelling units and 150,000 square feet of commercial development, except public uses are not subject to the maximum gross floor area limitations, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2021 - becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK In , Deputy Clerk Approved as to form and legality: JA Heidi F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA [20-CPS-02002/ 1668115 / 11162 Randall Curve /PL20190002356 Page 2 of 2 10/12/21 PENNY TAYLOR, Chairman Packet Pg. 251 9.C.a EXHIBIT A RANDALL CURVE MPUD PERMITTED USES A maximum of 400 residential dwelling units and 150,000 square feet of gross commercial floor area shall be permitted within the MPUD. Public uses and residential uses are not subject to the 150,000 square feet of gross commercial floor area limitation. The uses are subject to the trip cap identified in Exhibit F, Section 3.a of this PUD. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: COMMERCIAL (C): A. Principal Uses (SIC In Parenthesis): 1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the Collier County Land Development Code (LDC), Ordinance 04-41, as amended); and 2. Carwashes; and (7542) 3. Dental Laboratories; and (8072) 4. Medical Laboratories; and (8071) 5. Motor freight transportation and warehousing (air-conditioned (4225) mini -and self -storage warehousing only); and 6. Nursing and professional care facilities; and (8051, 8052, 8059 ) 7. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: O 1. Uses and structures that are accessory and incidental to the permitted uses within this MPUD document. s 2. Water management facilities to serve the project such as lakes. Q 3. Open space uses and structures such as, but not limited to, boardwalks, nature £ trails, gazebos and picnic areas. w r 4. Any other accessory and related use that is determined to be comparable in a nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. Randall Curve MPUD (PL20190002356) October 11, 2021 Page I of 17 Packet Pg. 252 9.C.a RESIDENTIAL (R): A. Principal Uses: 1. Dwelling Units: single family detached, zero lot line, two family attached, townhouse and multi -family 2. Model homes / model sales or leasing offices 3. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") -or the Hearing Examiner. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 2. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. 3. Water management facilities to serve the project such as lakes. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 5. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. C. Amenity Area: 1. Principal Uses: a. Clubhouses, community administrative facilities and recreational facilities intended to serve residents and guests, including leasing and construction offices. b. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 2 of 17 Packet Pg. 253 9.C.a 2. Accessory Uses: a. Accessory uses and structures customarily associated with the principal uses permitted in this MPUD, including but not limited to swimming pools and spas. b. Water management facilities to serve the project such as lakes. C. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. d. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this MPUD as determined by the BZA or the Hearing Examiner. PUBLIC (P): Accommodates local, state and federally owned or leased and operated government facilities. A. Principal Uses: 1. Administration of housing and urban planning and community and rural development (Group 9531, 9532) 2. General government services Groups 9111— Executive offices 9121— Legislative bodies 9131— Executive and legislative offices combined 9199 — General government, not elsewhere classified 3. Land, mineral, wildlife, and forest conservation (Group 9512) 4. Veterans affair office (Group 9451) 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this CPUD as determined by the BZA or the Hearing Examiner. C. Prohibited Uses: Randall Curve MPUD (PL20190002356) October 11, 2021 Page 3 of 17 Packet Pg. 254 9.C.a 1. Probation, parole and corrections uses shall be prohibited. PRESERVE: A. Allowable Uses: Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas, as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 4 of 17 Packet Pg. 255 9.C.a EXHIBIT B RANDALL CURVE MPUD DEVELOPMENT STANDARDS The tables below set forth the development standards for land uses within the Randall Curve MPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. I. COMMERCIAL AND PUBLIC: ViT MINIMUM LOT AREA II�i�I�iy�.�1C PRINCIPAL USES 10,000 Sq. Ft. CC N/A AVERAGE LOT WIDTH 100 ft. N/A MINIMUM SETBACKS (External) From 41h St N.E. ROW 75 ft. SPS From Immokalee Road ROW 25 ft. SPS From Northern Project Boundary 25 ft. **** 15 ft. **** MINIMUM SETBACKS (internal) Internal Drives/ROW n' ;Ih iullJl,I m;,,, £ N' „„'r, 10 ft. s Ii!I''IIiOII iiIIl!I„ loft Rear 10 ft. 10 ft. Side 10 ft. 10 ft. Lakes (measured from control elevation) 25 ft. 20 ft.* Preserve 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 1/2 the sum of building heights 10 Ft. MAXIMUM HEIGHT.x NEC;ll'1. _ Retail Buildings 35 ft. 45 ft. 35 ft. 45 ft. Office Buildings, Self -Storage, and Hotel/Motel 45 ft. 55 ft. 35 ft. 45 ft. MINIMUM FLOOR AREA (ground floor) 1,000 sq. ft. ** N/A MAXIMUM GROSS COMMERCIAL J 150,000 sq. ft.*** N/A * No structure may be located closer than 20 feet to the control elevation of a Iake (allowing for the required minimum 20-foot-wide lake maintenance easement). ** Per principal structure. Kiosk vendor, concessions, and temporary or mobile sales structures shall be permitted to have a minimum floor area of twenty-five (25) square feet and shall be subject to the accessory structure standards set forth in the LDC. *** Excludes the one acre 'P' tract. **** May be reduced to zero feet if developed as a unified plan with the adjacent property to the north and no landscape buffer shall be required between uses. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 5 of 17 Packet Pg. 256 9.C.a II. RESIDENTIAL: PRIIVIrIP ►L STRl1CTURES *5 ; Minimum Floor Area per unit SIhI LE FAMILY u , 750 SF ;$ER© ,aT LII 750 SF TWO, AMAV, 1TFACE>F 750 SF ''; T©WNNi?t15E UNI`fFA 750 SF MULA` ILY 684 SF N/A Minimum Lot Area 4,000 SF 3,500 SF 3,500 SF 1,440 SF 43,560 SF N/A Minimum Lot Width 40 feet 35 feet 35 feet 18 feet N/A N/A Minimum Lot Depth 100 feet 100 feet 100 feet 80 feet N/A N/A Minimum Setbacks Front Yard *2 20 feet 20 feet 20 feet 20 feet 20 feet 15 feet Side Yard 5 feet 0 or 10 feet 0 or 5 feet 0 or 10 feet *1 0/10 feet *1 15 feet Rear Yard 10 feet 10 feet 10 feet 15 feet 15 feet 15 feet Preserve 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet PUD Boundary (West) 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet *5 Minimum Distance Between Buildings 10 feet 10 feet 10 feet 20 feet 20 feet N/A Maximum Building Height Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 45 feet 50 feet 55 feet 65 feet 25 feet 35 feet AC�Dtt S tlG't1Ri*5 Minimum Setbacks Front Yard *2 SPS SPS SPS SPS 15 feet 10 feet Side Yard SPS SPS SPS 10 feet 10 feet 10 feet Rear Yard *3 5 feet 5 feet 5 feet 10 feet 10 feet 10 feet Preserve 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet PUD Boundary (West) 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet*7 Minimum Distance Between Buildings*8 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet N/A Maximum Building Height Zoned Actual 35 feet 40 feet 35 feet 40 feet 35 feet 40 feet 35 feet 45 feet 35 feet 40 feet 25 feet 30 feet SP5-5ameas Principal Structure BH — Building Height (zoned height) *1— Minimum separation between adjacent dwelling units, if detached, shall be 10'. *2 —Single-family unit types - front entry garages shall have a 23' setback from back of sidewalk. *3 —All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts, the accessory structure setback on the residential lot may be reduced to zero (0) feet where it abuts the easement. *4 — When not located in a residential building within the "R" tract. *5 — Does not apply to passive recreational uses such as trails/pathways. *6 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required internal setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. *7 — No swimming pool or dumpster enclosure may be located within 100 feet of the northern or western PUD boundary. *8 — Zero feet if attached, 10 feet if detached. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 6 of 17 Packet Pg. 257 9.C.a Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 7 of 17 Packet Pg. 258 9.C.a ZONED: E, ESTATES N USE: RESIDENTIAL m m X = n 100 T mK j VEHICULAR/PEDESTRIAN j ZONED: E, ESTATES ZONED: BCHD I CPUD INTERCONNECTION USE: UNDEVELOPED RESIDENTIAL USE: COMMERCIAL I I •+ W W W W W W W I W W W W PRESERVE W W W W - I I W W W W W W W W W W W W W W W J W J C/ P, I I I Ij W W W W W W W y 1 U III 10' WIDE TYPE W W W 'A' LANDSCAPE W W W I BUFFER SEE W W MINIMUM 6-FOOT WIDE II NOTE #) 3 1W W LANDSCAPE BUFFER 111 W W I RESERVATION (SEE NOTE #2) RZONED: ORANGETREE W W PUD �SE:UNDE ELOPED j W ®1 O / J COMMERCIAL AMENITY /� I W W W AREA (GENERAL j W I I W LOCATION) / > F / 20' WIDE TYPE 'D' LANDSCAPE m i Ww J J BUFFER Z I M, - J R 5 I I W I W I W MINIMUM 10-FOOT WIDE TYPE 'D' W LANDSCAPE BUFFER I IW I W SEE BUFFER W COMMITMENT IW1 W (EXHIBIT F, ITEM 4.d.)Ilk W W f ooa® / 10 / ZONED: ORANGETREE PUD AT R- / C USE: RESIDENTIAL / F-M �N SEE BUFFER / ZONED: E, ESTATES j j�Klff / / COMMITMENT USE: RESIDENTIAL IL I j j / j / (EXHIBIT F, W ITEM 4.d.) SEE BUFFER COMMITMENT LEGEND (EXHIBIT F, 20' WIDE TYPE I I / j ITEM 4.d.) 5 ® DEVIATION 'D' LANDSCAPE / /� 20' WIDE TYPE R RESIDENTIAL BUFFER j j // / 'D' LANDSCAPE C COMMERCIAL / BUFFER P PUBLIC ___________ ®� VVV —_—_� POTENTIAL / PEDESTRIAN / INTERCONNECTION �� PQ / EXISTING C.A.T. ZONED: E, ESTATES r i / �O BUS STOP USE: UNDEVELOPED RESIDENTIAL ZONED: ORANGETREE PUD USE: COMMERCIAL 0 150' 300' SCALE: 1" = 300' Q. crnay loop and nxxorl Iex. P.A. RANDALL CURVE MPUD ©GradyMinor 3anll,In Ihl Kcy Bonn. Springx. I>fur10a 34131 EXHIBIT C Civil Engineers LandSurveyors Planners LandscapeArchitects MASTER PLAN Cerl. of AuUr. R0 D005151 Cert. of Aeth. I.a 0005151 6uefi,cm LC 26000266 Ronda Springs.: 239.947.1144 "... Grndyllinnr. rnnl Fort A7yem 239.690.4380 REVISED: 10/11/2021 WHEN PLOTTED @ 8.5' X 11" 3CALC: —11 Mo Packet Pg. 259 1 9.C.a SITE SUMMARY TOTAL SITE AREA: 50.18± ACRE COMMERCIAL (C) 17± AC (34%) RESIDENTIAL (R) 19.5± AC (39%) PUBLIC (P) 1.0± AC (2%) 4TH STREET N.E. ROW 1.57± AC (3%) WATER MANAGEMENT 2.8± AC (6%) LANDSCAPE BUFFERS 1.71±AC (3%) PRESERVE 6.6± AC (13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE: REQUIRED: 6.6 ACRES (43.9± ACRES NATIVE VEGETATION X 0.15) PROVIDED: 6.6 ACRES DEVIATIONS FROM THE LDC: (REFER TO EXHIBIT E 11.. SECTION 5.05.05 D.2.a., FACILITIES WITH FUEL PUMPS 2. SECTION 5.05.05 D.2.b., FACILITIES WITH FUEL PUMPS 30 SECTION 5.05.05 B.1., FACILITIES WITH FUEL PUMPS ® SECTION 6.06.01, STREET SYSTEM REQUIREMENTS 5❑. SECTION 5.06.04 F.3., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION SECTION 5.06.02 B.14., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 7❑. SECTION 5.06.02 B.14.b., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION SECTION 5.06.04 F.1., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 90. SECTION 6.06.01 J., STREET SYSTEM REQUIREMENTS 10.1 SECTION 5.03.02 H., FENCES AND WALLS, EXCLUDING SOUND WALLS 11. SECTION 6.06.02 A.1., SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS NOTES THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 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 MEET THE LDC REQUIREMENTS FOR A TYPE W BUFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 10 FOOT WIDE TYPE 'A' LANDSCAPE BUFFER IF PROJECT TO THE NORTH IS DEVELOPED WITH COMMERCIAL, OTHERWISE, A 15 FOOT WIDE TYPE'B' LANDSCAPE BUFFER IS REQUIRED. RANDALL CURVE MPUD H:r:s. © GradyMinor V Crndy MDwr eudOsauclalee.PA. aeso vm — ery ioe coos: BDDIId SVrbigy, Florida 3�134 EXHIBIT C R01ar-" DATE: MASTER PLAN NOTES C[vll Engineers Land Surveyors Planners Landscape .Architects c,,r. ,4A, . E0 N051 s 1 C,r 4 amn. 1.8 0005151 U,,Ila 9pri0gsc: 239,947.1144 D-0.10Ilin ap. r,,,,, It..1 : I.c 2WO0266 FOrl Myers: 239.690.4380 REVISED: 10/08/2021 Packet Pg. 260 9.C.a EXHIBIT D RANDALL CURVE MPUD LEGAL DESCRIPTION PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATTHE NORTHWESTCORNER OFTRACT "A" GOLDEN GATE ESTATES, UNIT22, ACCORDING TOTHE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINTON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89"59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00-29-58" WEST, A DISTANCE OF 1,619.45 FEETTO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89-59-48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10°56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00-29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 10 of 17 Packet Pg. 261 9.C.a EXHIBIT E RANDALL CURVE MPUD DEVIATIONS FROM THE LDC DEVIATION 1: Relief from LDC Section 5.05.05 D.2.a., "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building, located within the MPUD. See also Exhibit F, 7.a. DEVIATION 2: Relief from LDC Section 5.05.05 D.2.b., "Facilities with Fuel Pumps", which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide to provide a 15-foot wide a type 'B' landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 11 of 17 Packet Pg. 262 9.C.a DEVIATION 3: Relief from LDC Section 5.05.05 B.1., "Facilities with Fuel Pumps - Table of site design requirements", which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. DEVIATION 4: Relief from LDC Section 6.06.01, "Street System Requirements", which establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or private Right -of -Way. DEVIATION 5: Relief from LDC Section 5.06.04 F.3., "Directory Signs", which requires Multiple - occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. DEVIATION 6: Relief from LDC section 5,06.02 B.14., "Boundary Marker Sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed -use project to have one boundary marker for the residential component sign at a single corner. The boundary marker sign shall include the logo and/or residential component project name. DEVIATION 7: Relief from LDC Section 5.06.02 B.14.b., 'Boundary Marker Sign", which provides "The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located", to instead allow the boundary marker sign located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. DEVIATION 8: Relief from LDC Sections 5.06.04 F.1., "Ground Signs", which allows each non- residential single occupancy or multi -occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W. or access easement on the Master Plan") that is provided for in the MPUD. The second sign shall be limited to 6 feet in height from parking lot grade and 25 square feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 12 of 17 Packet Pg. 263 9.C.a DEVIATION 9: Relief from LDC Section 6.06.01 J., "Street System Requirements", which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn -around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150 feet, then an approved fire district turn- around is required. DEVIATION 10: Relief from LDC Section 5.03.02 H., "Wall Requirements between Residential and Non -Residential Development", which requires a masonry wall, concrete or pre -fabricated concrete wall and/orfence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the type 'D' buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4 foot centers. DEVIATION 11: Relief from LDC Section 6.06.02 A.1., "Sidewalks and Bike Lanes", which requires a sidewalk to be constructed within public and private rights -of -way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve's perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 13 of 17 Packet Pg. 264 9.C.a 1. 2. EXHIBIT F RANDALL CURVE MPUD DEVELOPMENT COMMITMENTS PUD MONITORING One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142- 1087. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not 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 a. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. c. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures — backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15-ft mounting height. Otherwise the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. Interconnections identified on the Master Plan may be standard lighting for residential development. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 14 of 17 Packet Pg. 265 9.C.a 3. TRANSPORTATION a. The maximum total daily trip generation for the PUD shall not exceed 753 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. b. Vehicular and Pedestrian interconnection will be provided to the north to allow access to all connection points with BCHD I CPUD, consistent with the conceptual PUD Master Plan, Exhibit C. The final location of the access point will be coordinated with the adjacent property owner and a cross -access easement will be provided at time of the first Site Development Plan or Plat. The connection and supporting infrastructure will be constructed to the property line by the developer or successors or assigns prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. c. The developer shall provide right turn lanes at each project entrance, and directional left turn lanes which shall be designed per the Collier County LDC. Compensatory right-of-way shall not be required for each turn lane. 4. LANDSCAPING a. 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 meet the LDC requirements for a Type B buffer, a 6-foot wide landscape buffer reservation has been identified on the Master Plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6- foot wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. b. A 10 foot wide type 'A' landscape buffer is required along the northern perimeter if project to the north is developed with commercial, otherwise, a 15 foot wide type'B' landscape buffer is required except where developed under a unified plan in which no buffer is required. C. The 4th Street N.E. landscape buffer adjacent to the preserve shall include a hedge that is installed at a height of six feet. d. The development along the water management lake shall provide a 20-foot-wide Type C Landscape Buffer between the water management lake, residential parcel, and the rear of the commercial parcel. Randall Curve MPUD (PL20190002356) October 11, 2021 Page 15 of 17 Packet Pg. 266 9.C.a 5. ENVIRONMENTAL a. The MPUD shall be required to preserve 15% of native vegetation. 43.9± acres of native vegetation exist on -site requiring a minimum preservation of 6.6± acres (43.9 X .15 = 6.6). A minimum of 6.6± acres of native vegetation shall be retained on -site. b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. 6. SPECIAL CONDITIONS a. No adult orientated sales are permitted. b. Outdoor music and televisions shall be limited to the areas facing Immokalee Road. There will be no outdoor amplified sound between the hours of 9 p.m. and 8 a.m. weekdays and 10 p.m. and 8 a.m. on weekends. c. Dumpsters located within 250 feet of external residential units shall be oriented away from the external residential units at the greatest extent possible. d. Delivery bays shall not abut external residential development. e. All pole lighting shall be limited to full cut-off shields. 7. PLANNING a. When the auto service bay overhead doors are oriented internally toward the residential development tract, a solid wall with a minimum height of six (6) feet shall be installed between the service bay and the residential tract. Landscaping shall be installed on the external side of the solid wall. b. All buildings constructed within the MPUD shall have common architectural theming elements which may include roof treatments, signage, color scheme and similar unifying design elements at time of SDP. c. Developer, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential, within the development), hereby (1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Developer a separate written notice of the planned flyover with the statement that the County will not Randall Curve MPUD (PL20190002356) October 11, 2021 Page 16 of 17 Packet Pg. 267 9.C.a construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. WATER MANAGEMENT a. The water management system serving development within the MPUD shall provide for the water quality pretreatment and attenuation for that portion of the property originally designed to be utilized for water management area for Immokalee Road; however, the area necessary to provide for required Immokalee Road water management may be relocated throughout the MPUD. Permitting for the overall water management shall be coordinated through Collier County and permitted by the South Florida Water Management District (SFWMD). Randall Curve MPUD (PL20190002356) October 11, 2021 Page 17 of 17 Packet Pg. 268 9.C.b Coibe' r County �- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT - PLANNING & REGULATION HEARING DATE: OCTOBER 7, 2021 SUBJECT: PUDR-PL20190002356, RANDALL CURVE MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) (COMPANION TO GMPA-PL20190002355, IMMOKALEE ROAD COMMERCIAL CENTER SUBDISTRICT GROWTH MANAGEMENT PLAN AMENDMENT (GMPA) AND PL20190002354 ESTATES SHOPPING CENTER PUD PROPERTY OWNER/AGENTS AND APPLICANT: Property Owner: Collier County a Political Subdivision of the State of Florida 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Agents/Applicant: A eg nt/Applicant/Contract Purchaser: D. Wayne Arnold, AICP Richard Yovanovich, as trustee and not Q. Grady Minor and Associates, P.A. individually 3800 Via Del Rey 4001 Tamiami Trail North, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004- 41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from Estates (E) Zoning District to a Mixed -Use Planned Unit Development (MPUD) Zoning District for the project to be known as Randall Curve MPUD, to allow the development of up to 400 dwelling units, group housing for seniors, and 150,000 square feet of commercial development, except public uses and group housing are not subject to the maximum gross floor area limitations, and by providing an effective date. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 1 of 25 Packet Pg. 269 9.C.b ZONEC: E, ESTATES VSE: RESIDENTIAL E I I I 2DNED:E,ESTATES 1 USE; UNDEVELOPED RESIDENTIAL 1 ZONED: ECHDICPUD USE: COMMERCIAL +w vYY rY PRESERVE • w /Ml'NIMUM 7r�,FOWOTIVMODE' r i r + LANDSCAPE BUFFER R RESERVATION (SEE NGTE 42) AMENITY AREA (GENERAL LOCATION) 40' WIDE TYPE 111 f 'A' LANDSCAPE I F BUFFER (SEE f +f jr NOTE #3) it +� ZPHED' OO 6NGETREE I_'_I❑ INj�H SE: UNDEVELOPED ®L' J �{I COMMERCIAL / .} f �� 1 WIDE 'O' p� I.ANRsCAPcAPE BUFFER I I +Y`' I r I _ r MINIMUM iO-FOOT I WIDE TYPE 'D' r + LANDSCAPE SUFFER ` * " w �% I * 15 ZONED: ORANGETREE PUD MRA I USE- RESIDENTIAL I � - ZONED: E. ESTATES I 3 USE' RESIDENTIAL W I I f t 9 0 ` �► LEGEND 20' WILE TYPE I 1 � } f ® DEVIATION a 'D' LANDSCAPE I �r f 20'WIDE TYPE P RESIDENTIAL BUFFER 'D'LANDSCAPE el %f f BUFFFF2 C COMMERCIAL ------------- I P PUBLIC - POTENTIAL 1 I PEDESTRIAN I I / INTERCONNECTION I I _O } EXISTING C-A-T- I A ZONED: E. ESTATES BUS STOP USE: UNDEVELOPED I I RESIDENTIAL j I $ ZONED; ORANGETREE PUG I I�� USE: COMMERCIAL k � 0 7" ;i9C' � SCALE' 1" — 300' rr WHEN PUMErI 0 LS' X W f ,.I uuw.ni.u,aa4xu[I,Ier.rA RdiJtilNDALL CURVE MFUD L �'i, it ''h•Tfn�r EXHIBIT C ��"••-,• MASTER PLAN 'a° f;N II E:n�lne,AI [-4A9L-011 Plaunera landxrapr hr[ill[erls �u�c euw,dlhl ,kn �, fwu, uuuudil� u,wwu. -�mna p 1,YCCf� M r�R r1 r1 ' UrMIM HOW: 2MM.II44 a-Alldyuil—I... Ynn 7m-13A.Mu.{aw REVI`SEU: 49/2Df2021 PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 i Q Page 3 of 25 Packet Pg. 271 9.C.b ,RITF .^SHMMARY TOTAL SITE AREA: 58.18t ACRE COMMERCIAL (C) 17t AC (34%) RESIDENTIAL (R) 18-5± AC (39%) PUBLIC (P) 1.0i AC (2%) 4TH STREET N.E. ROW 1.571 AC (3%) WATER MANAGEMENT 2.8±AC(6%) LANDSCAPE BUFFERS 1.71±AC (3%) PRESERVE 6.6±AC (13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150.000 S.F. OPEN SPACE: REQUIRED: 30 % PROVIDED, 30% PRESERVE: REQUIRED: 6.6 ACRES (43.9t ACRES NATIVE VEGETATION X 0.15) PROVIDED:6.5 ACRES DEVIATIONS FROM THE LDC' (REFER TO EXHIBIT E) 1.SECTION 5.05.04 D.1.. GROUP HOUSING SECTION 5.05.05 D.2.a,, FACILITIES WITH FUEL PUMPS SECTION 5.05-05 D.2.b., FACILITIES WITH FUEL PUMPS ® SECTION 5.0505 B_1_, FACILITIES WITH FUEL PUMPS 5 SECTION 6.06.01. STREET SYSTEM REO UIREMENT$ 6 SECTION 5.06_04 F.3., SIGN REGULATIONS AND STANDAR❑$ BY LAN❑ USE CLASS IFICATIQN 7 SECTION 5.06.02 B.14., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 8 SECTION 5.06.02 B.14.b., SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION ® SECTION 6.06.04 F,1,, SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION SECTION 6.06_01 J_, STREET SYSTEM REQUIREMENTS 11. SECTION 5.03.02 H., FENCES AND WALLS, EXCLUDING SOUND WALLS 12. SECTION 6.06.02 A.1., SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS NOTES 1, THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERM€TTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.05.02 AND 4.06.05_E.1. $UPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH LDC SECTION 3.05.07_ IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE W HLIFFER A 6 FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN THE EVENT THAT THE PRESERVE DOES N0T MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE PROVIDED IN THE V WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE, SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT. 3, 10 FOOT WIDE TYPE 'A' LANDSCAPE BUFFER IF PROJECT TO THE NORTH IS DEVELOPED WITH COMMERCIAL, OTHERWISE, A 15 FOOT WIDE TYPE'B' LANDSCAPE BUFFER IS REQUIRED. RANDALL CURVE MPUD Mum me GradyMinor ]Ilpl ll.lkf my'waa iW+.u. �a+.. a+w+ EXHIBIT C MA SUM PLAN NOTES �.�51� 14101�OCIa heal hlllti'S lllx I'I.ninrr} I,aMkC. IIC 41[NICNS 1yL Ilp� Dl*l Whol L7 HA7.1 I i1 ., "•`"�x n!IYrt4V NU-- FW sbrm 7AUM101w REMCD: o8/20/2021 SMY 2 iA 2 PUDR-PI20190002356, RANDALL CURVE MPUD September 29, 2021 Page 4 of 25 Packet Pg. 272 9.C.b GEOGRAPHIC LOCATION: The subject property, consisting of 50.18± acres, is located on the northeast corner of Immokalee Road and 4th Street N.E., in Section 22, Township 48 South, Range 29 East, Collier County, Florida. (See the Location Map on page 2 of this Staff Report.) PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes to rezone 50.18± acres from Estates (E) to a Mixed -use Planned Unit Development (MPUD). The MPUD will allow up to 400 dwelling units, group housing for seniors, and 150,000 square feet of commercial land uses including all permitted uses and conditional uses in the C-3 Zoning District and limited C-4 uses. The C-4 uses include motor freight transportation and warehousing (mini and self -storage warehousing only), car washes, medical and dental laboratories, and nursing and professional care facilities. The public uses and group housing will be not subject to the maximum gross floor area limitations. See Attachment A —Proposed PUD Ordinance. This is a companion item to GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA. The Master Plan, located on the previous page of this Staff Report, depicts the area of proposed commercial development, vehicular circulation, preserve, and water management areas. The Master Plan also shows that 17± acres will be commercial area, 19.5± acres will be residential, 1.0± acres will be public, 1,57± acres will be dedicated to 4th Street N.E. right-of-way, 2.8± acres will be water management, 1.71± acres will be buffers, and 6.6± acres will be preserve. A minimum of 30% open space will be provided. To the north of the subject PUD is the BCHD1 Commercial Planned Unit Development (CPUD), recently approved for 200,000 s.£ of commercial development. There is a proposed vehicle/pedestrian interconnect between the two PUD's. To the east of the PUD is Immokalee Road and then Orange Tree PUD, developed with single-family residences. To the south of the PUD is Orange Tree PUD, developed with a commercial shopping plaza. To the west of the subject PUD, is 4th Street N.E. and then the Estates, which is mostly developed with single-family residences. The proposed PUD boundary setbacks are 25 feet from Immokalee Road, 25 feet from the BCHD 1 CPUD boundary to the north, and 75 feet from the western N.E. 4th Street (Estates) boundary. The petitioner proposes a maximum zoned height of 45 feet and an actual building height of 55 feet. There is a proposed 20-foot wide Type D Landscape Buffer (trees 25 feet on center and a 2-foot tall hedge) along Immokalee Road and 4th Street N.E. There are 12 proposed deviations related to group housing, facilities with fuel pumps, street system requirements, sign regulations, fences/walls, and sidewalks/bike lanes/pathways. For further information, please see the Deviation Section of this Staff Report located on page 17. SURROUNDING LAND USE AND ZONING: North: Undeveloped commercial land with a zoning designation of BCHD1 CPUD, a 19.13± acre PUD consisting of 200,000 square feet of commercial land uses PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 5 of 25 Packet Pg. 273 East: Immokalee Road, a six -lane arterial roadway and then developed single-family residential with a designation of Orange Tree PUD, a 2,138.76± acre PUD consisting of 332,000 square feet of commercial land uses and 3,150 residential units at 1.5 dwelling units per acre South: Developed land with a commercial shopping plaza with a zoning designation of Orange Tree PUD, a 2,138.76± acre PUD consisting of 332,000 square feet of commercial land uses and 3,150 residential units at 1.5 dwelling units per acre West: 4th Street N.E., then undeveloped and developed single-family residences with a zoning designation of Estates (E) AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone and upon adoption of the companion item GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA, the PUD Rezone can be found consistent with the Future Land Use Element (FLUE) of the GMP. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 6 of 25 Packet Pg. 274 9.C.b Transportation Element: Transportation Planning staff has reviewed the petition and recommends the following: 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 A UIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard (LOS) within the five-year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links, the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: In evaluating the Randall Curve MPUD, staff reviewed the applicant's Traffic Impact Statement (TIS) dated (revised) October 27, 2020, for consistency using the applicable 2019 and current 2020 Annual Update and Inventory Reports (AUIR). According to the PUD document and noted above, the applicant is requesting a maximum of 400 residential units and 150,000 square feet of commercial retail and office uses. The TIS provided with the petition notes that the residential use is based on 400 multi -family units, it further states that single- family units are also proposed however the total number of residential trips shall not exceed 203 PM peak hour trips consistent with 400 multi -family units trip generation. Staff has evaluated the TIS and found that the scenario presents an accurate trip generation calculation, reasonable trip distribution on the surrounding network, and reflects a reasonable development potential for the proposed PUD. The PUD document establishes the total trip cap commitment in Exhibit F, "Developer Commitments," Transportation 3.a., with a maximum of 753 two-way, average weekday PM peak hour trips. According to the TIS, the project impacts the following County roadways: PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 7 of 25 Packet Pg. 275 9.C.b Existing Roadway Conditions: Roadway/ Link 2019 P.M. Peak 2019 AUIR Projected 2020 2020 AUI Link # Location AUIR Hour Peak Remaining P.M. Peak AUIR Remaining LOS Direction Capacity Hour/Peak LOS Capacity Service Direction Volume/Peak Project Direction Traffic 1 Immokalee Collier D 3,300/East 362 90/EB E 95 Road Boulevard t (2) 44.0 Wilson Boulevard Immokalee Wilson D 3,300/East 476 188/EB D 525 Road Boulevard t (2) 45.0 Oil Well Road Immokalee Oil Well C 900/East 288 19/EB C 242 Road Road to S 46.0 29 Wilson South of B 900/South 549 98/NB B 550 Boulevard Immokalee 118.0 Road Randall Immokalee D 900/East 64 53/WB D 7 Boulevard Road to (3) 132.0 Everglades Boulevard Randall Everglades C 900/East 248 14/EB C 235 Boulevard Boulevard t 133.0 Desoto Boulevard Oil Well Immokalee C 2,000/East 808 80/EB C 633 Road Road to 119.0 Everglades Boulevard Oil Well Everglades B 1,100/East 526 51/EB B 518 Road Boulevard t 120.0 Desoto Everglades South of Oi C 800/North 339 26/NB C 324 Boulevard Well Road 135.0 1 Source for P.M. Peak Hour/Peak Direction Project Traffic is from October 27, 2020, Traffic Impact Statement provided by the petitioner. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 8 of 25 Packet Pg. 276 9.C.b 2. Road segment with projected deficiencies based on growth or trip bank calculations. The trips generated by this development are not projected to exceed existing capacities Peak Hour/Peak Direction and meet GMP criteria. 3. This segment has a projected deficiency due to background conditions. There is also a scheduled road improvement from Immokalee to 8' Street as well as intersection improvements at Immokalee and Randall that will increase capacity. Staff notes the following: Section 163.3180 of the Florida Statutes requires a local government to satisfy transportation concurrency requirements if the applicant enters into a binding agreement to pay or construct their proportionate share. The Statutes further state that any facility determined to be transportation deficient with existing, committed, and vested trips, plus additional projected background trips from any source other than the development project under review, and trips that are forecast by established traffic standards, including traffic modeling, consistent with the University of Florida's Bureau of Economic and Business Research medium population projections, without the project traffic under review, the costs of correcting that deficiency shall be removed from the project's proportionate -share calculation and the necessary transportation improvements to correct that deficiency shall be considered to be in place for purposes of the proportionate -share calculation. The improvement necessary to correct the transportation deficiency is the funding responsibility of the entity that has maintenance responsibility for the facility. The development's proportionate share shall be calculated only for the needed transportation improvements that are greater than the identified deficiency. In addition, per the Statute the applicant is eligible for a dollar -for -dollar credit for the road impact fees anticipated for the development. The applicant's TIS concurrency backup material indicates one roadway (Randall Boulevard) will be projected deficient due to background traffic trips. As noted above, road segments in this category (deficient due to background traffic) are the funding responsibility of (in this case) Collier County. Further, the impact fees collected by the project will compensate for the project impacts, specifically for the fair share portion required, consistent with State Statues. Staff also notes that Vanderbilt Beach Road is a scheduled road improvement as a parallel facility to Immokalee Road, and part of network improvements that may also positively impact Randall Boulevard. Policy 7.1 of the Transportation Element of the GMP states: "Collier County shall apply the standards and criteria of the Access Management Policy as adopted by Resolution and as may be amended to ensure the protection of the arterial and collector system's capacity and integrity. " Staff finding: This development is proposing two access locations on Immokalee Road that meet access management spacing requirements. Operational impacts will be addressed at the time of the first development order Site Development Plan (SDP) or Plans and Plat (PPL). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. Policy 9.3 of the Transportation Element of the GMP states: PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 9 of 25 Packet Pg. 277 9.C.b "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network. The LDC shall identify the circumstances and conditions that would require the interconnection of neighboring developments and shall also develop standards and criteria for the safe interconnection of such local streets. " Staff finding: The Land Development Code (LDC) requires the applicant to create an interconnected street system designed to disperse and reduce the length of automobile trips (4.08.07.J.3.a.iii). The proposed Randall Curve Master Plan shows interconnection to the north, consistent with the approved BCHD1 CPUD. This interconnection network will remain open to the public. It will reduce trips on the adjacent road network including but not limited to additional U-turn movements, distribution of trips, and intersection conflicts. It will also utilize the existing signal located at the BCHD 1 CPUD access point on Immokalee Road. Staff Recommendation: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval subject to the following Condition of Approval: 1. The following statement shall be added to Exhibit F, Developer Commitments, 3. b.: "The interconnection shall remain open to the public. " Conservation and Coastal Management (COME): Environmental Review staff has found this petition to be consistent with the CCME. The project site consists of 43.9± acres of native vegetation. A minimum of 6.6± acres (15%) of native vegetation is required to be preserved. GMP Conclusion: The proposed PUD Rezone may be deemed consistent with the FLUE of the GMP subject to the adoption of the companion item GMPA-PL20190002355, Immokalee Road Commercial Subdistrict GMPA. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as "Rezone Findings"), which establish the legal basis to support the Collier County Planning Commission's (CCPC) recommendation. The CCPC uses these same criteria as the basis for their recommendation to the Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading "Rezone Findings and PUD Findings." In addition, staff offers the following analysis: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 6.6 acres (15% of 43.9 acres); the Master Concept Plan provides for a 6.6-acre preserve onsite. No listed animal species were observed on the property; however, the Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 10 of 25 Packet Pg. 278 9.C.b presence of Black Bear (Ursus americanus floridanus) in the area. A black bear management plan will need to be included at PPL or SDP review. Stiff -leafed wild -pine (Tillandsia fasciculata), listed as a less rare plant, have been observed on the property and will be protected in accordance with LDC 3.04.03. The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-4) and must address groundwater protection in accordance with LDC Section 3.06.12. The commercial uses listed in the "Randall Curve MPUD Permitted Uses Exhibit A" are allowed uses within the W-4 zone. Some commercial uses (i.e., gas stations, dry cleaners, etc.) have the potential to impact groundwater and surface water. Due to the proximity of this property to private drinking water wells, Pollution Prevention Best Management Practices (BMPs) must be provided at the time of PPL or SDP review for those land uses which have the potential to cause impacts to drinking water. 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. 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 north wastewater service areas of the Collier County Water -Sewer District. Water and wastewater services are readily available via existing infrastructure along the project's frontage on Immokalee Road. Sufficient water and wastewater treatment capacities are available. The following corrections remain outstanding as of the writing of this staff report: • Exhibit A includes group housing for seniors as a permitted use, but neither the Statement of Utility Provisions nor the Traffic Impact Statement addresses this use. The applicant's agent was asked to outline a maximum -density scenario for this use based on the proposed trip cap and FAR, and to calculate the average daily wastewater flow for comparison with the result calculated for the residential/commercial scenario. The agent maintains that the residential/commercial scenario provided represents the most likely and intense scenario but has provided no analysis supporting this conclusion. • In Exhibit B, the minimum front yard setback for the amenity area is identified as 15 feet, measured from the back of the curb (if curbed) or edge of pavement (if not curbed). Staff has argued that the front yard setback should be no less than 20 feet to allow for a 5-foot (min.) setback from both the back of curb/edge of pavement and the private ROW line as well as a 10-foot public utility easement (PUE) along the property frontage. The agent most recently argued that the 15-foot setback is being retained because the residential amenity will not be served by a platted private or public roadway, but if the amenity is internal to a multi -family project, it is not subject to a front yard setback, and nothing in the PUD indicates the amenity area will not be accessed via platted right-of-way, as is typical in a single-family residential subdivision. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 11 of 25 Packet Pg. 279 9.C.b Utilities Review staff recommends approval subject to the following Condition of Approval: 2. The Applicant shall provide a Statement of Utility Provision outlining a maximum -density scenario for the senior housing based on the proposed trip cap and FAR, and calculate the average daily wastewater flow for comparison with the result calculated for the residential/commercial scenario. The Statement of Utility Provision shall be provided to staff 3 weeks prior to the BCC hearing. 3. Exhibit B "Development Standards " shall be modified to include an (Internal) 20 foot front yard setback for Amenity Centers. School Board Review: At this time there is no existing or planned capacity within the next 5 years for the purposed development at the elementary level for this concurrency service area. There is capacity at the middle and high school levels. At the time of the site plan or plat, the development would be reviewed for concurrency to ensure there is capacity either within the concurrency service area the development is located within or an adjacent concurrency service area. Sign Code Review: Sign Code Review staff has reviewed six requested deviations from the Sign Code and is recommending approval of the deviations. The petitioner is requesting deviations related to Directory Signs, Boundary Marker Signs, and Ground Signs. For further information, please see Deviation numbers 6 through 10. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. In reviewin t�propriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building eights, setbacks, landscape buffers, etc.). buildingmss. building location and orientation, architectural features, amount and We of open space and location. Staff believes that the proposed development will be compatible with and complementary to the surrounding land uses. Staff offers the following analysis of this project: The land to the north of the proposed 50.18± acre Randall Curve MPUD is the undeveloped BCHD 1 CPUD. The land across Immokalee Road and to the east is developed and undeveloped single-family homes and a commercial strip shopping center. The land to the west on 4th Street N.E. is developed and undeveloped single-family homes. Most of the single-family residences along 4th Street N.E. are buffered from the proposed mixed -use development by an approximately 125-foot wide preserve. However, the Estates zoned single-family homes along 4' Street N.E. located across the street from the proposed water management area are more greatly exposed to the commercial development. While there is a proposed 20-foot wide Type D Landscape Buffer, it does not protect the Estates single- family homes from the impacts of the proposed development. The maximum zoned height of 55 feet and the actual height of 65 feet for the proposed development is taller than the surrounding Estates zoned height of 30 feet. Therefore, staff is recommending the following Condition of Approval: 4. The development along the water management lake shall provide a 20 foot -wide Type C Landscape Buffer between the water management lake and the rear of the commercial parcel. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 12 of 25 Packet Pg. 280 9.C.b The "water management" label on the Master Plan shall be relabeled as "water management lake. " Staff is concerned about the commitment related to amplified sound. The Petitioner has proposed no outdoor amplified sound after 12 a.m. (midnight) on weekends. The recently approved BCHD 1 CPUD to the north has proposed no outdoor amplified sound after 10 p.m. on weekends. Therefore, to minimize noise pollution to the adjacent Estates neighbors, staff recommends the following Condition of Approval: S. There shall be no outdoor amplified sound during weekend hours between 10 p.m. and 8 a.m. REZONE FINDINGS: Staff offers the following analysis: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map, and the elements of the GMP. The Comprehensive Planning staff has indicated that upon adoption of the companion GMPA, the proposed PUD Rezone can be found consistent with all applicable elements of the FLUE of the GMP. 2. The existing land use pattern. As described in the "Surrounding Land Use and Zoning" portion of this report and discussed in the zoning review analysis, the neighborhood's existing land use pattern can be characterized as mostly developed residential and commercial. The property to the east across Immokalee Road is developed residential. The property to the west on 4th Street N.E. is developed and undeveloped residential. The property to the south is developed with a commercial shopping plaza. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also comparable with expected land uses by virtue of its consistency with the FLUE of the GMP upon adoption of the companion GMPA. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3. 5. Whether changed or changing conditions make the passage of the proposed rezone necessary. The proposed change is not necessary, but it is being requested in compliance with the LDC provisions to seek such changes because the petitioner wishes to develop the property with commercial and residential land uses. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 13 of 25 Packet Pg. 281 9.C.b 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD Rezone, along with the staff Conditions of Approval, and the adoption of the companion GMPA can be deemed consistent with the County's land -use policies upon adoption that are reflected by the Future Land Use Element (FLUE) of the GMP. Development in compliance with the proposed PUD Rezone should not adversely impact living conditions in the area if the staff Conditions of Approval are adopted. 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. As previously stated, the applicant's TIS concurrency backup material indicates one roadway (Randall Boulevard) will be projected deficient due to background traffic trips. The road segments in this category (deficient due to background traffic) is the funding responsibility of Collier County. Further, the impact fees collected will compensate for the project impacts, specifically for the fair share portion required by State Statutes. Staff also notes that Vanderbilt Beach Road is a scheduled road improvement that is a parallel facility to Immokalee Road and part of network improvements that may positively impact Randall Boulevard. Operational impacts will be addressed at the time of the first development order (SDP or PPL). Additionally, the project's development must comply 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 Rezone will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is anticipated that the proposed PUD Rezone will not reduce light and air to adjacent areas inside or outside the PUD. 10. Whether the proposed change would adversely affect property values in the adjacent area. 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 basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and PPL process, gives reasonable PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 14 of 25 Packet Pg. 282 9.C.b assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, if the staff Conditions of Approval are adopted, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The development will comply with the GMP upon adoption of the companion GMPA, which is a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Furthermore, if the staff Conditions of Approval are adopted, the proposed PUD Rezone should not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning; however, the proposed uses cannot be achieved without rezoning the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. If the staff Conditions of Approval are adopted, the proposed PUD Rezone should not be out of scale with the needs of the neighborhood or County. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There may be other sites in the County that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and this project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or PPL processes, and as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County adequate public facilities ordinance. The project will have to meet all applicable criteria set forth in LDC Section 6.02.00 regarding PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 15 of 25 Packet Pg. 283 9.C.b Adequate Public Facilities (APF), and the project will need to be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities, except as may be exempt by federal regulations. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the rezoning process, and those staff persons have concluded that no Level of Service will be adversely impacted by the commitments contained in the PUD Document. The concurrency review for APF is determined at the time of SDP review. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC during its advertised public hearing. PUD FINDINGS: LDC Section 10.02.13.B.5 states that "In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan's compliance with the following criteria:" 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The area is suitable for the proposed commercial development. The subject site is located south of the recently adopted 19.13± acre BCHD 1 CPUD and on Immokalee Road, a major thoroughfare. The site also has direct access to Immokalee Road at two ingress/egress points. Water transmission and wastewater transmission mains are readily available within the Immokalee Road right-of-way, and there is adequate water and wastewater treatment capacity to serve the proposed PUD. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for Rezones in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provided satisfactory evidence of unified control of the property. Additionally, the development will be required to gain SDP approval. These processes will ensure that appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure will be provided by the developer. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the GMP. County staff has reviewed this petition and has offered an analysis of the relevant goals, objectives, and policies of the GMP within the GMP discussion of this staff report. Based on that analysis, upon adoption of the companion GMPA, staff can find the petition consistent with the overall GMP. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 16 of 25 Packet Pg. 284 9.C.b 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed landscaping and buffering standards are compatible with the adjacent uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside for this project meets the minimum requirement of the LDC. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. 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. 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. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The petitioner is seeking two deviations related to directory signs and street width. Please, refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviations. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 17 of 25 Packet Pg. 285 9.C.b Deviation Discussion: The petitioner is seeking 12 deviations from the requirements of the LDC. The deviations are directly extracted from PUD Exhibit E. The petitioner's rationale and staff analysis/recommendation are outlined below. Deviation #1 "Deviation # 1 seeks relief from LDC Section 5.05.04 D.1., "Group Housing," which requires the maximum floor area ratio (FAR) shall not exceed 0.45, to instead allow a maximum FAR of 0.6. Petitioner's Justification: The petitioner states the following in support of the deviation: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure; thereby increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #2 "Deviation #2 seeks relief from LDC Section 5.05.05 D.2.a., "Facilities with Fuel Pumps," which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: a. Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building, located within the MPUD. Petitioner's Justification: The petitioner states the following in support of the deviation: The subject PUD is a mixed -use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the project's PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 18 of 25 Packet Pg. 286 9.C.b Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250 feet of the facility with fuel pumps. It will be separated from any internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #3 Deviation #3 seeks relief from LDC Section 5.05.05 D.2.b., "Facilities with Fuel Pumps", which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of # 10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. This deviation will instead allow this MPUD to provide a 15-foot wide type `B' landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 34" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Petitioner's Justification: The petitioner states the following in support of the deviation: The subject PUD is a mixed -use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the project's Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250' of the facility with fuel pumps. It will be separated from any PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 19 of 25 Packet Pg. 287 9.C.b internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #4 Deviation #4 seeks relief from LDC Section 5.05.05 B.1., "Facilities with Fuel Pumps - Table of site design requirements," which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. Petitioner's Justification: The petitioner states the following in support of the deviation: The project is a mixed -use PUD under the unified control of a single entity. The resulting project will have a Property Owner's Association that will establish community aesthetics and standards for all land uses developed within the PUD. The general yard requirements for facilities with fuel pumps are applicable to all commercial properties within Collier County, which includes numerous C-2, C-3, C-4, and C-S properties which are not subject to the unified development standards within the Randall Curve MPUD, nor are otherwise governed by a Property Owner's Association which regulates development within the overall project. The PUD document establishes standards which govern all commercial and residential uses, and the general yard requirements for facilities with fuel pumps are not necessary within the MPUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation 95 Deviation #5 seeks relief from LDC Section 6.06.01, "Street System Requirements," which establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or private Right -of -Way. Petitioner's Justification: The petitioner states the following in support of the deviation: PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 20 of 25 Packet Pg. 288 9.C.b This is the same deviation as our neighbor to the north and we are required to interconnect to their roadway network. It is appropriate to allow the internal roadway network to have the same ROW standard. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #6 Deviation #6 seeks relief from LDC Section 5.06.04 F.3., "Directory Signs," which requires Multiple - occupancy parcels or multiple parcels developed under a unified development plan, with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow 2 directory signs which may include signage for the commercial tenants and residential component of the project. Petitioner's Justification: The petitioner states the following in support of the deviation: The PUD is a mixed -use project and will have a free-standing residential component that will be accessed via the Immokalee Road project entrance, which does not have direct Immokalee Road frontage. Other commercial uses may not have direct frontage on Immokalee Road and having visible signage at the project entrance will provide a benefit to the traveling public to ensure that motorists are aware of the tenants located in the PUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #7 Deviation #7 seeks relief from LDC section 6.06.02 B.14., "Boundary Marker Sign," which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed -use project to have one boundary marker sign at a single corner. The boundary marker sign shall include the logo and/or project name. Petitioner's Justification: The petitioner states the following in support of the deviation: The LDC does not contemplate a Boundary Marker Sign for a mixed -use project but does allow this type of signage for a residential project. The developer for this mixed -use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 21 of 25 Packet Pg. 289 9.C.b Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #8 Deviation #8 seeks relief from LDC Section 5.06.02 B.14.b., "Boundary Marker Sign," which provides "The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located," to instead allow the boundary marker sign located at the intersection of Immokalee Road and 4th Street to be a maximum of 30 square feet in area. Petitioner's Justification: The petitioner states the following in support of the deviation: The LDC does not contemplate a Boundary Marker Sign for a mixed -use project but does allow this type of signage for a residential project. The developer for this mixed -use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not 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 not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #9 Deviation #9 seeks relief from LDC Sections 5.06.04 F.1., "Ground Signs," which allows each non- residential single occupancy or multi -occupancy parcel or tract to have a single ground sign along a public street, to instead also allow such parcels or tracts abutting Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by-pass driveway (labeled as R.O.W. or access easement on the Master Plan) that is provided for in the MPUD. The second sign shall be limited to 6 feet in height from parking lot grade and 25 square feet in sign area. Primary signage on Immokalee Road is limited to a maximum 60 square feet in size and 10 feet in height. Petitioner's Justification: The petitioner states the following in support of the deviation: The Randall Curve MPUD will be served by a reverse frontage road that will traverse the entire PUD and it is required to connect to the commercial PUD located to the north for access to the traffic signal located at Immokalee Road and Orange Tree Boulevard. This reverse frontage road intended to provide relief for residents, guests, and customers from using Immokalee Road. The applicant wants to ensure that businesses will have appropriate signage PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 22 of 25 Packet Pg. 290 9.C.b on this reverse frontage road to aid in motorists locating individual businesses located within the PUD. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.13.51, the petitioner has not demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #10 Deviation #10 seeks relief from LDC Section 6.06.01 J., "Street System Requirements," which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de-sac. A temporary turn -around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150', then an approved fire district turn -around is required. Petitioner's Justification: The petitioner states the following in support of the deviation: This deviation is warranted, as a cul-de-sac is not necessary to accommodate safe vehicular turnaround for the internal roadway system near the southern terminus of the PUD. No access to 4th Street N.E. is permitted, therefore, the Developer may construct a temporary turn -around or other turnaround acceptable to the fire district which will be coordinated at the time of site development plan approval. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #11 Deviation #I I seeks relief from LDC Section 5.03.02 H., "Wall Requirements between Residential and Non -Residential Development," which requires a masonry wall, concrete or prefabricated concrete wall, and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non- residential development internal to the PUD and allow a hedge in addition to the Type `D' Buffer in lieu of a wall to be constructed on the residential parcel in a 10-foot wide buffer. The supplemental hedge shall be 4 feet at the time of planting and planted on 4-foot centers. Petitioner's Justification: The petitioner states the following in support of the deviation: This mixed -use development is under common ownership and the Developer proposes to provide 10' wide buffers on each side of the internal roadway which separates the commercial and public PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 23 of 25 Packet Pg. 291 9.C.b use tracts from the residential tract. This deviation will provide appropriate buffering for the site by providing a hedge to be maintained at 6' in height on the property rather than a wall on the commercial development tract. The two 10' wide buffers with no wall are adequate for the master planned mixed -use project. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." Deviation #12 Deviation #12 seeks relief from LDC Section 6.06.02 A.1., "Sidewalks and Bike Lanes," which requires a sidewalk to be constructed within public and private rights -of -way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve's perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Petitioner's Justification: The petitioner states the following in support of the deviation: The LDC requires sidewalks to be constructed within the adjacent ROW. This deviation will allow the Developer to design the sidewalk in a manner to avoid ROW and project conflicts by allowing a portion of the sidewalk to be constructed both in the ROW and within a publicly dedicated easement on the Developer's property when necessary to avoid conflicts. This will allow flexibility and creativity in the design of the sidewalk along 4th Street N.E. Staff Analysis and Recommendation: Zoning and Land Development Review staff recommend APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety, and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is "justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations." NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM meeting on December 9, 2020, at the North Collier Regional Park Exhibit Hall located at 1500 Livingston Road, Naples, Florida. Approximately 15 people were in attendance. For further information please see Attachment C-NIM Transcript. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the Staff Report for this petition on September 9, 2021 PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 24 of 25 Packet Pg. 292 9.C.b RECOMMENDATION: Planning and Zoning Review staff recommends that the CCPC forward Petition PUDR- PL20190002356, Randall Curve MPUD to the BCC with a recommendation of approval subject to the adoption of the companion GMPA and the following Conditions of Approval: 1. The following statement shall be added to Exhibit F, Developer Commitments, 3.b.: "The interconnection shall remain open to the public. " 2. The Applicant shall provide a Statement of Utility Provision outlining a maximum -density scenario for the senior housing based on the proposed trip cap and FAR, and calculate the average daily wastewater flow for comparison with the result calculated for the residential/commercial scenario. The Statement of Utility Provision shall be provided to staff 3 weeks prior to the BCC hearing. 3. Exhibit B "Development Standards" shall be modified to include an (Internal) 20 foot front yard setback for Amenity Centers. 4. The development along the water management lake shall provide a 20 foot -wide Type C Landscape Buffer between the water management lake and the rear of the commercial parcel. The "water management" label on the Master Plan shall be relabeled as "water management lake. " 5. There shall be no outdoor amplified sound during weekend hours between 10 p.m. and 8 a.m. Attachments: Attachment A -Proposed PUD Ordinance Attachment B-NIM Transcript Attachment C-Application PUDR-PL20190002356, RANDALL CURVE MPUD September 29, 2021 Page 25 of 25 Packet Pg. 293 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Richard Yovanovich: You all, we're gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor — the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase — the contract purchaser of the roughly 50-acre parcel of property that's at the Randall — Northside of — of Immokalee Road at the Randall Curve piece of property that's currently owned by the County. We're here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are — we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we'll go through in the details of what we're doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the — we record the meeting. We are having some Zoom participants. So, I — I — I tend to pace. So, if I am— Sharon will bring me back in front of this camera, so there'll be Zoom participants. We're gonna — we're gonna go over both petitions, and then we're gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you're not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you — you could be generic and say I'm a resident of Golden Gate Estates near the Estates Shopping Center or I'm a resident of Golden Gate Estates near the Randall Curve property if you don't want to say your name. But they — they want to know who's commenting and their relationship to the proposed project so they — they can better Page 1 of 21 Packet Pg. 294 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM understand the context of people's comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will — will do the same for himself. Um, they just wanna know who's talking so they — they can get a better, understanding. We have — sorry — I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I'm technically the Trustee that owns the property. I don't really own the property, but it's titled in my name, uh. So, I'm — I'm the Applicant on all of these petitions, uh. I'm also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He's been receiving all the correspondence with Sharon. If you have any questions, I'm sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor's not here, but he's a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn't bring Marco into this meeting because I don't know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we'll get back to you on any of those — those questions. As I have — this is — this is the roughly, 60 acres that's the Estate — Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that's the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That's the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they're — they're related petitions, and I've already forgotten to introduce Nancy Gundlach who is a Professional Planner on — which one are you? Which one's yours, Nancy? Nancy: I'm on the Randall Curve. Richard Yovanovich: She's — she's the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. Page 2 of 21 Packet Pg. 295 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He — he — who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both — they are — they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they're — they're — they're readily available. You know, I'm sure they have business cards, and if they don't, they'll give you their email addresses. And you can, you can contact them with any — any questions you may have, uh. We're pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I'm gonna turn it over to Wayne to go over the two petitions, and then we'll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I'm Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They're, growth management plan amendment and a rezoning application — Wayne: — for both applications on both sides. So, what we're gonna do is go through as Rich said both applications together, and then we'll take questions. We just thought it'd be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you're here for one or the other as you're gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I'll go through first is zoned planned unit development. We're amending that planned unit development. It's also part of the Estates Shopping Center subdistrict which is growth management category. We're amending that as well. And it's — the — the easiest way to summarize our changes is that we are — it's not — we are —essentially the Estates Shopping Center was approved for 150,000 square feet of Page 3 of 21 Packet Pg. 296 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we're also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a — a nominal, 10-acre parcel out of the 40-acre piece. And then we've made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western -most parcel. So, we've had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we've created two new districts out of here, the commercial district is pretty self-evident. It's going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we're calling it, we're calling it a semi-public use. And we're going back and forth with staff so we may change that terminology, but it allows things like we've talked about, animal shelters, arboreta, exhibitions, their educational facilities. We've made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they're incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and — and other structures. But for now, we've made provisions for them to have up to eight dwelling units on that property. The County's parcel which will be the — [inaudible] [00:09:121. Sorry about that, folks. It's a little slow, but the County's public uses, and I know there's information circulating out there in the Estates about this. So, in the — the growth management plan, then we've made a provision for a total of 50 dwelling units. We haven't been specific as to whether or not those are single-family or multi -family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they're obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities Page 4 of 21 Packet Pg. 297 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM that we've listed here by standard industrial classification codes, we've also made provisions for there to be up to 30 multi -family units. The reality is because we have well and septic here, I don't think it's realistic that the County's going to achieve 30 multi -family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that's been some discussion out there about that, and we'll be happy to hear those comments. But, again, we've also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that's permitted by right today. So, it says in our language that the single-family would be subject to the state's zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that's on the screen. It identified all — a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we're providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It's going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we've identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We've been through a couple rounds of reviews. We're — we're required to hold this neighborhood information meeting prior to going to public hearings. So, we don't have public hearings scheduled yet. But what will happen in this process, it's a two-step process; we'll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they'll say, "We're ready to transmit the proposed changes." Page 5 of 21 Packet Pg. 298 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM They'll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it's a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they're interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one — one time. So, that's our goal. We don't have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by — the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that's a doable process although we don't have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that's — that's what we're hoping to achieve, and with that, I'm gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we're calling it? It's really the County's property that's at the corner of Randall/4th Street Northeast and Immokalee Road. So, I'm gonna spend a few minutes talking about that process as well. Again, it's the same team so I'm not gonna through that information. Again, the location at — it's — everybody calls this the Randall Curve property that's been around a long time, so. We actually have a Randall Curve PUD that's part of the process, but our subdistrict for the comp plans that — for the mockup of 41h Street — 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed -use project we're proposing. It's also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed -use project that we're proposing. So, we've submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property Page 6 of 21 Packet Pg. 299 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM as well as 150,000 square feet of commercial uses. I'm gonna show you the proposed master plan for the Randall — Sharon Umpenhour: Go back, go back one. There you go. Wayne: — though this is the language that talks about our request. And a couple significant things I'll talk about is that we've made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we've made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we've made provisions for there to be potential large format retailer or big box store whether that could be a Lowe's, a Home Depot, a Costco. We've made provisions for all of those as part of our request. It doesn't mean that those are going to be necessarily located there, but we've made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to — to know that this is a mixed -use project, Sharon's there's something on my screen. It's — it's some sort of system update. I don't know how to remove that. Let's take a pause for a moment. Thank you. So, this is a proposed master plan that we've created for what's called the Randall Curve PUD. It's the — this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that's going through a similar process that we're in today. They're a little bit ahead of us. They've had their transmittal of the comp plan portion of their property to the State of Florida. So, we're — we're on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we've proposed no vehicular Page 7 of 21 Packet Pg. 300 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM access to 41h Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 41h. And we know that was an issue early on. When the County was looking at developing this themselves and we've heard that that's an issue, and we were asked on the property to the North also to remove any access to 4ffi Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the — at the hard corner of 41h and Immokalee Road, that area's all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they're planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that's been one of the unique challenges here, but nonetheless, we've accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we're in the same process that I just described for you for the other Estates property which was we're going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn't happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we're gonna take questions tonight. If you think of something after we leave here tonight, you'd like to communicate, Sharon has some cards at the back table. It's easier to email or call her for information. We're happy to share the presentation tonight with anybody who desires it. All the information's available on the County's website through CityView, or if you don't feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. Page 8 of 21 Packet Pg. 301 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM So, Rich, I don't know if I left anything out, but I'm — I'm happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 — 50,000 square feet, we did add back end -use that we didn't have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who've been interested in the Estates. So, we've added those uses, and we think they're pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I'm gonna stop, and we're gonna — do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let's take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who'd like to speak as Rich mentioned, you don't have to give us your name if you don't feel comfortable, but the Planning Commission wants to know if you're part of our team's feed or if you're a resident. So, if you feel comfortable saying you're a resident that way at least when the transcript gets created, they realize it's not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and —yes, ma'am. Come on up. Phyllis: Phyllis Lit — Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I'd like to know, the low-income housing that you wanna put in on 10 acres, that's like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that — the low-income reference is not a term we use. Our language says essential service personnel that's actually in the document, and — Phyllis: Okay, on — on my form, that's what it says [inaudible] [00:21:231 Wayne: — and I — I don't know that that's our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? Page 9 of 21 Packet Pg. 302 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that's a term that the County's recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out — out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it's going to be multi -family housing, I — our — our opinion is just doesn't work because of the septic system requirements. Phyllis: Right. Wayne: So, I don't know that the County realistically is going to achieve 30 of those units in the — in the configuration of multi -family, but again, Rich, I don't know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I — a — as part of this process, obviously — yeah, you can sit right there. I'm sorry. As — as part of this process, obviously, we — we had to coordinate with the County because they're getting the 10 acres, and we — we basically said, "What would you like us to include on your property?" So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, "I'm happy to include it, but you need to be at the neighborhood information meeting to defend it." And, I don't think there's anybody here from the County to address that. I don't think Nancy or James are — are — are — they were not the people I spoke to, uh. So, the — the — Wayne is correct. What you received, eh — we are not proposing low-income housing. I don't know who sent that out. We are — we are proposing essential service personnel — the Page 10 of 21 Packet Pg. 303 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM County's proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he's — he is on his way. If he doesn't make it here before we get gone, I'm sure he'll read the record. But I — I think there's others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that's — I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that's actually in the PUD document under public use? It says, "Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code." So, that is what's in the actual document. There's also a provision for there to be multi -family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there's also a provision in there for single-family homes which is what could be there on that [inaudible — crosstalk] [00:24:53]. Richard Yovanovich: Right, and — and Tim's okay. Tim and I had a conversation about this very issue twice, and — and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as — as — as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We're adjacent to the 40-acre, uh. As you guys know, we've been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi -unit, it would have to be low-income because they're gonna be like 200 square feet if they put `em there. Um, you know, when we first started doing this, we discussed Page 11 of 21 Packet Pg. 304 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM services from the County whether it be post office, police substation, some, you know, tag agency. I know it's right across the street right now or some sorta County presence that — that's needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the — to go to work in the morning, it — it's already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is — everybody's probably pretty comfortable with, but, you know, for the record, the — the multi — the multi -housing is — is — is definitely a — a killer. Male Speaker: Okay. Male Speaker: You know, it's if — so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I'm just gonna count the number of — one, two, three — Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible — crosstalk]. Male Speaker: So, I would say, if there's I I — there's 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna — I just wanna put that on the record. So, both whoever reads the transcript knows so you all don't have to come up and repeat yourselves. Or you're welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I'm just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this Page 12 of 21 Packet Pg. 305 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I'm assuming you — you're gonna remember from your time out there, too, Jim, um, that to the previous gentleman's point that traffic through there at rush hour's an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal's — Jim: Well, my bill is still extra, but okay. Jeff: You didn't sanitize this [inaudible — crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I'm gonna get the COVID. Jim: so, anyhow, to answer Jeff's question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized — Jeff: Right. Jim: — there's not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that — of that intersection now. And the lower intense uses are further to the West which will — it's our interpretation will not warrant a traffic signal, at those — at those intersections. But, yes, when we're going to the site development phase, we're gonna have to look at extending some of those left -turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they're gonna — but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it's developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous — Page 13 of 21 Packet Pg. 306 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren't able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi -family and increasing the density at that site with residential, I think that'd be another, you know, point raised when we [inaudible — crosstalk] [00:30:511. Jim: Well, I — I would submit to you that I don't think all the — all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I'm honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just — the County's trending, eh — again, FDOT getting a pave - type deal with rotaries and things like that to — to push traffic through quickly, you're talking about two lights that are fairly close together, um. And so, yeah, perhaps they're gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn't know if there were any preliminary discussions. Jim: As far as I know, they've got no plans to put a traffic circle there at that intersection. I don't even think they have the right of way to do it, um. Jeff: I wouldn't think with E's there on the corner either, but. Jim: Right, so, but not — my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving — Page 14 of 21 Packet Pg. 307 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Rich: Anybody else here that wants — yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID Sharon: Sorry. I've already had it, so I don't have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it's not right next to my neighborhood, it's pretty close. And, I just, you know, I — I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I'd be happy. Wayne: You're speaking about this essential service housing? Dave: Yes. Wayne: Okay. I — I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren't supportive — Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I — I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I — we — you know, we understand that will communicate to the County the, uh — the, unanimous opposition for those who are here to — including that multi -family housing, and I'm sure from watching James write that down right now, so. I'm sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I'm a resident of the Estates. And, okay, that 10 acres, I'm like, "Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don't really have enough free area out on the Estates for, you know, like kids' playgrounds, stuff like that. They have plenty of it in the city. And so, I'm like, "Forget about that. Put it on that little 4th Street there. Well, we don't wanna it there either, so, the essential service." So, I'm just wanna make Page 15 of 21 Packet Pg. 308 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM sure that my vote is no, and I'm just emphasizing that. Wayne: Okay, and just for you know to ma'am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It's just — Laura: Okay. Oh — so, who decides once — Wayne: The County Commission ultimately will decide what use it would be there, but I think it's pretty clear tonight the direction it's headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm'r McDaniels: How's everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County's parcel in the Estates. Male Speaker: At Wilson — at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm'r McDaniels: So, noted. Richard Yovanovich: I just want — wanted to make sure you're aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And — and it just — and it just — just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that — that — the hard corner piece set between Pt and — and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we're kinda going back to pretty much the original plan of — of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? Page 16 of 21 Packet Pg. 309 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you'd like to make and you're on Zoom, if you'd raise your hand if you — if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many — how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just — if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so — so if you have a question, do — can you unmute, and then we'll know that you do have a question? Sharon Umpenhour: It doesn't look like anyone has a question. Wayne: I — I don't — I don't see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I'm not hearing ya. It looks like you're still muted on our end. Sharon Umpenhour: You still — you have to unmute, Scott. There you go. Page 17 of 21 Packet Pg. 310 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: There you are. Scott Baxter: — unmute, I'm not sure if it's working or not. Wayne: We hear ya. Scott: Okay. Um, I'm trying to — you know, you're talking about putting 30 units on 10 acres. So, to be generous, we're only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that's [inaudible] [00:37:471. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center Scott: I understand that. Is the property staying — I thought this property was promised to us as a park. Wayne: It — it — I'll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what — what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. Wayne: To the list, the uses we got for this 10 acres came from Collier County. And this — the purpose of this meeting is for the community who — to give their input back to all of us about what we're asking for as part of this PUD. And I assume you're like the other members that are present that you oppose the multi -family option on that 10- acre piece. Is that correct? Scott? Richard Yovanovich: Scott, can you — move? Scott: [Audio cuts out] [00:39:051 — Male Speaker: Broke up. Male Speaker: Breaking up. Page 18 of 21 Packet Pg. 311 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM [Crosstalk] Female Speaker: He said he's opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we — anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You're still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on — on Zoom that — that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you're up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner — Rissen. Wayne: Susan, you're up, Ruse — Rusing. Am I close? Sharon: No, she's not on. Richard Yovanovich: She's unmuted. Page 19 of 21 Packet Pg. 312 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: She unmuted. I just didn't know if she wanted to speak or not. Sharon: She's not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go -round in here, anybody else wanna say anything? Phyllis: It's me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They — they — they will be — we make — we'd make provisions for both, but it — it'll be a multi -family, more likely a multi -family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We — we don't have that final decision yet. Phyllis: Okay. And when — next question, you said something about 4th `cause I live on 2"d, so, yeah, it's the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we — we — we — in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to — had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that — that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No — they no longer have access. That project removed their — any access and it's prohibiting to have access to 41h Phyllis: Oh, thank you. Okay, that's why you should go to meetings. Wayne: We appreciate you coming. Page 20 of 21 Packet Pg. 313 9.C.c Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Richard Yovanovich: Anybody else? Tim: I — I was just gonna — I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don't you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I'll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was — I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer — Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it's Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she's been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes Page 21 of 21 Packet Pg. 314 9.C.d WilligGeoffrey From: GundlachNancy Sent: Tuesday, October 12, 2021 8:43 AM To: 'John Pelletier' Subject: RE: FW: PL20190002355/PL20190002356 Randall Curve MPUD Attachments: Attachment A -Ordinance - 101221.pdf Hi John, The Agent has agreed to provide the Type C landscape buffer along the rear of the Residential (R) parcel as well. Please see the attached PUD Ordinance. Respectfully, 11 Rl(ey Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: John Pelletier <jpelltwc@comcast.net> Sent: Monday, October 11, 2021 6:01 PM To: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: Re: FW: PL20190002355/PL20190002356 Randall Curve MPUD 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. Thanks for putting it out there, John On Oct 11, 2021 11:18 AM, GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> wrote: Hi John, For your awareness, please see below. Respectfully, i Packet Pg. 315 9.C.d / lwg Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: Gundlach Nancy Sent: Monday, October 11, 2021 10:17 AM To: Wayne Arnold <WArnold@gradyminor.com>; 'Sharon Umpenhour' <SUmpen hour@gradyminor.com> Cc: MedinaJosephine <Josephine.Medina @colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; BellowsRay <Ray.Bel lows@colliercountyfl.gov>; BosiMichael <Michael.Bosi@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov> Subject: RE: PL20190002355/PL20190002356 Randall Curve MPUD Hi Wayne and Sharon, Please see the email below. If you can extend the "C" buffer, let us know at your earliest convenience as we are down to one day for our BCC ACCELA item. Respectfully, 11 alwao Nancy Gundlach, AICP, PLA Principal Planner Zoning Services Packet Pg. 316 9.C.d (239)252-2484 Nancy.Gundlach@ col IiercountyfLgov From: John Pelletier <ipelltwc@comcast.net> Sent: Saturday, October 9, 20219:49 AM To: GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Cc: MedinaJosephine <Josephine.Medina @colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov>; BellowsRay <Ray.Bel lows@colliercountyfl.gov> Subject: RE: PL20190002355/PL20190002356 Randall Curve MPUD 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. Hi Nancy, thanks for that, ok I see the change to the type "C" buffer(which as I read the code appears better than b) for behind the commercial buildings. My original thought was changing the d buffer along 4th Street NE but putting an additional c buffer around the commercial buildings makes more sense being closer. We also get the benifit to seeing the retention/grass area, similar to what we see now turing on our street. Anothe request... Can you suggest to entertain the idea that this "C" buffer extend along the north side of the water retenion area to our street. I understand this is heafty request for the "R" parcell and probably not required by owner, but it sure would be nice the try to more aggressivly soften the sight line right at those 4 story apartments buildings as you turn on the street and drive by on Immokalee road as well. I really like the proposed pedestrian access for us by the way, besides making more convenient for us it shows that the owner and collier county staff does care how this development impacts the community out here. Thanks for looking into this, John and Jennifer Pelletier 29614th Street NE. On Oct 8, 20214:56 PM, GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> wrote: Hi John, Packet Pg. 317 9.C.d Thank you for your email and for attending the CCPC hearing yesterday. The PUD Ordinance was updated to include the CCPC Conditions of Approval, which included landscaping. Please see attachment. The Agent has agreed to provide a Type C Landscape Buffer along the rear of the shopping center. Please see snip below: Respectfully, /11alwy Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountyfl.gov From: John Pelletier <ipelltwc@comcast.net> Sent: Friday, October 8, 2021 2:10 PM To: MedinaJosephine <Josephine.Medina @colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> Subject: Re: PL20190002355/PL20190002356 Randall Curve MPUD Packet Pg. 318 9.C.d 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. Hi Josephine and Nancy Hope all is well. I spoke yesturday at the planning commision meeting and I made the comment that the "preserve" area along 4th Street NE that is laid out on the site plan be enhanced with additional planting and I was very gratefull the owners agreed this would be entertained with hedging; cocoplum, clusia, oaks, wax myrtle would be my input for what its worth. Upon further viewing of the site plan I noticed this preserve area stopped where the proposed water retention begins along my street as well as a "C" area, representative of commercial heading out toward the Immokalee road light. A type "D" buffer is proposed. I wonder if you could look at this and possibly request to the developer that at least one resident will be looking for something more substatial via type "B" preferably a 6' concrete wall with hedging and trees would be my ultimate "wish list". After all, across the street is residential looking right into the backside of future buildings and a 24" hedge wouldn't cut it. I understand by missing the NIM would have been the time to bring these items up. Honestly I had no idea thie meeting happened until you sent me the minutes, and from what I read on those minutes there wasnt much discussion about this project. My cell is 239 825 7087 if you can discuss. Thank you in advance for following up on this. I have attached a photo of this, but its not very clear, so understand if you cant pinpoint exact area I talking about. John Pelletier 2961 4th st. NE On Sep 27, 2021 1:37 PM, MedinaJosephine <Josephine.Medina @colliercountyfl.gov> wrote: Good afternoon John, As mentioned in our phone call today the NIM for this project was held on December 9, 2020 at 5:30 pm For your information as you are reviewing this I wanted to note that this NIM was held together with the Estates Shopping Center petitions over at the intersection of Golden Gate Blvd W and Wilson Blvd W. Hence why you would see conversation/questions about this other site as well and 30 essential service personnel units that had originally been proposed for the Estates Shopping Center. Packet Pg. 319 9.C.d Please see link below to find NIM documents, due to the size of the recording it was easier to send you a link to the cityview portal. Please let me know if you have any issues accessing this information. https://cvporta1.coIIiercountyfl.gov/CityViewWeb/Planning/Status?pIanningId=30294 If you go under Documents and Images you will see Submittal 3 — NIM Documents 12-09-2020 and PL2019-2355 and 2356 Dec 9 2020 NIM. WMA which is the sound file for the NIM. If you have any further questions please feel free to communicate with either Nancy Gundlach (copied) or myself Respectfully, Principal Planner Zoning Division Packet Pg. 320 9.C.d 2800 N. Horseshoe Dr. Naples, FL 34104 Office: (239) 252-2306 Josephine.Medina@colliercountyfl.gov 0 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. On Oct 8, 2021 4:56 PM, GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> wrote: Hi John, Thank you for your email and for attending the CCPC hearing yesterday. The PUD Ordinance was updated to include the CCPC Conditions of Approval, which included landscaping. Please see attachment. The Agent has agreed to provide a Type C Landscape Buffer along the rear of the shopping center. Please see snip below: Packet Pg. 321 9.C.d Respectfully, 11 Rl(ey Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountvfl.gov From: John Pelletier <Opelltwc@comcast.net> Sent: Friday, October 8, 2021 2:10 PM To: MedinaJosephine <Josephine.Medina @colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: Re: PL20190002355/PL20190002356 Randall Curve MPUD 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. Hi Josephine and Nancy Packet Pg. 322 9.C.d Hope all is well. I spoke yesturday at the planning commision meeting and I made the comment that the "preserve" area along 4th Street NE that is laid out on the site plan be enhanced with additional planting and I was very gratefull the owners agreed this would be entertained with hedging; cocoplum, clusia, oaks, wax myrtle would be my input for what its worth. Upon further viewing of the site plan I noticed this preserve area stopped where the proposed water retention begins along my street as well as a "C" area, representative of commercial heading out toward the Immokalee road light. A type "D" buffer is proposed. I wonder if you could look at this and possibly request to the developer that at least one resident will be looking for something more substatial via type "B" preferably a 6' concrete wall with hedging and trees would be my ultimate "wish list". After all, across the street is residential looking right into the backside of future buildings and a 24" hedge wouldn't cut it. I understand by missing the NIM would have been the time to bring these items up. Honestly I had no idea thie meeting happened until you sent me the minutes, and from what I read on those minutes there wasnt much discussion about this project. My cell is 239 825 7087 if you can discuss. Thank you in advance for following up on this. I have attached a photo of this, but its not very clear, so understand if you cant pinpoint exact area I talking about. John Pelletier 29614th st. NE On Sep 27, 2021 1:37 PM, MedinaJosephine <Josephine.Medina @colliercountyfl.gov> wrote: Good afternoon John, As mentioned in our phone call today the NIM for this project was held on December 9, 2020 at 5:30 pm. For your information as you are reviewing this I wanted to note that this NIM was held together with the Estates Shopping Center petitions over at the intersection of Golden Gate Blvd W and Wilson Blvd W. Hence why you would see conversation/questions about this other site as well and 30 essential service personnel units that had originally been proposed for the Estates Shopping Center. Please see link below to find NIM documents, due to the size of the recording it was easier to send you a link to the cityview portal. Please let me know if you have any issues accessing this information. https://cvportal.colliercountvfl.gov/CitvViewWeb/Planning/Status?planningld=30294 Packet Pg. 323 9.C.d If you go under Documents and Images you will see Submittal 3 — NIM Documents 12-09-2020 and PL2019-2355 and 2356 Dec 9 2020 NIM. WMA which is the sound file for the NIM. 0 0 If you have any further questions please feel free to communicate with either Nancy Gundlach (copied) or myself Respectfully, Principal Planner Zoning Division 2800 N. Horseshoe Dr. Naples, FL 34104 Office: (239) 252-2306 io Packet Pg. 324 9.C.d Josephine.Medina@ col liercountyfLgov 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. On Oct 8, 20214:56 PM, GundlachNancy <Nancy.Gundlach@colliercountvfl.gov> wrote: Hi John, Thank you for your email and for attending the CCPC hearing yesterday. The PUD Ordinance was updated to include the CCPC Conditions of Approval, which included landscaping. Please see attachment. The Agent has agreed to provide a Type C Landscape Buffer along the rear of the shopping center. Please see snip below: Packet Pg. 325 9.C.d Respectfully, 11 Rl(ey Nancy Gundlach, AICP, PLA Principal Planner Zoning Services (239)252-2484 Nancy.Gundlach@colliercountvfl.gov From: John Pelletier <Opelltwc@comcast.net> Sent: Friday, October 8, 2021 2:10 PM To: MedinaJosephine <Josephine.Medina @colliercountyfl.gov> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov> Subject: Re: PL20190002355/PL20190002356 Randall Curve MPUD 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. Hi Josephine and Nancy 12 Packet Pg. 326 9.C.d Hope all is well. I spoke yesturday at the planning commision meeting and I made the comment that the "preserve" area along 4th Street NE that is laid out on the site plan be enhanced with additional planting and I was very gratefull the owners agreed this would be entertained with hedging; cocoplum, clusia, oaks, wax myrtle would be my input for what its worth. Upon further viewing of the site plan I noticed this preserve area stopped where the proposed water retention begins along my street as well as a "C" area, representative of commercial heading out toward the Immokalee road light. A type "D" buffer is proposed. I wonder if you could look at this and possibly request to the developer that at least one resident will be looking for something more substatial via type "B" preferably a 6' concrete wall with hedging and trees would be my ultimate "wish list". After all, across the street is residential looking right into the backside of future buildings and a 24" hedge wouldn't cut it. I understand by missing the NIM would have been the time to bring these items up. Honestly I had no idea thie meeting happened until you sent me the minutes, and from what I read on those minutes there wasnt much discussion about this project. My cell is 239 825 7087 if you can discuss. Thank you in advance for following up on this. I have attached a photo of this, but its not very clear, so understand if you cant pinpoint exact area I talking about. John Pelletier 29614th st. NE On Sep 27, 2021 1:37 PM, MedinaJosephine <Josephine.Medina @colliercountyfl.gov> wrote: Good afternoon John, As mentioned in our phone call today the NIM for this project was held on December 9, 2020 at 5:30 pm. For your information as you are reviewing this I wanted to note that this NIM was held together with the Estates Shopping Center petitions over at the intersection of Golden Gate Blvd W and Wilson Blvd W. Hence why you would see conversation/questions about this other site as well and 30 essential service personnel units that had originally been proposed for the Estates Shopping Center. Please see link below to find NIM documents, due to the size of the recording it was easier to send you a link to the cityview portal. Please let me know if you have any issues accessing this information. https://cvportal.colliercountvfl.gov/CitvViewWeb/Planning/Status?planningld=30294 13 Packet Pg. 327 9.C.d If you go under Documents and Images you will see Submittal 3 — NIM Documents 12-09-2020 and PL2019-2355 and 2356 Dec 9 2020 NIM. WMA which is the sound file for the NIM. 0 0 If you have any further questions please feel free to communicate with either Nancy Gundlach (copied) or myself Respectfully, Principal Planner Zoning Division 2800 N. Horseshoe Dr. Naples, FL 34104 Office: (239) 252-2306 14 Packet Pg. 328 9.C.d Jose phi ne.Medina@coIIiercountyfLgov 0 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. 15 Packet Pg. 329 9.C.f GundlachNancy From: Soledad Maghini <solemaghini@hotmail.com> Sent: Tuesday, October 12, 2021 7:29 PM To: GundlachNancy; MedinaJosephine Subject: Opposed to Planned Unit Development Rezone (PUDR ) 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. To whom it might concern, As a resident of Golden Gate Estates I am opposed to Planned Unit Development Rezone (PUDR) on Immokalee Rd/ 4th ST NE. The traffic will be a nightmare. Residents of the Estates area don't need storage or apartment complexes mixed with single family housing. The large parcels of land for single family housing creates a very peaceful way of living where nature and residents can coexist in harmony. Please oppose this development. Thank you for your consideration. Soledad Maghini Packet Pg. 330 9.C.g Co r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.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 PL20190002355 and PL20190002356 Richard D. Yovanovich as Successor Trustee Regarding the above subject petition number(s), (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. Richard D. Yovanovich as Successor Trustee Name: C. Signature*: ❑✓ Applicant ❑ Legal Counsel to Applicant Date: August 17, 2021 * 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. Packet Pg. 331 ),015( le �'Lo I bi NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANC S Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners IBCC) on October 26, 2021, m the Board of County Commissioners Meeting Room,Thlyd Floor, Collier Govemment Center, 329g,Tamiami Trall East, Naples, FL, to consider the enactment of two County Ordinances. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinances are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED; THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE RURAL GOLDEN GATE ESTATES SUB -ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN AND THE RURAL GOLDEN GATE ESTATES FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE IMMOKALEE ROAD/4TH STREET N.E. MIXED USE SUBDISTRICT BY CHANGING THE DESIGNATION OF THE PROPERTY FROM THE ESTATES -MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO THE ESTATES -MIXED USE DISTRICT, IMMOKALEE ROAD/4TH STREET N.E. MIXED USE SUBDISTRICT, TO ALLOW USES PERMITTED BY RIGHT AND CONDITIONAL, USE IN THE GENERAL COMMERCIAL (C-4) ZONING DISTRICT WITH A TOTAL MAXIMUM INTENSITY OF UP TO 150,000 SQUARE FEET OF GROSS FLOOR AREA OF DEVELOPMENT, AND A MAXIMUM OF 400 RESIDENTIAL DWELLING UNITS, EXCEPT PUBLIC USES AND GROUP HOUSING ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATION; AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS 50.18t ACRES AND LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND 4TH STREET N.E. IN SECTION 22, TOWNSHIP 48 NORTH, RANGE27 EAST, COLLIER COUNTY, FLORIDA. [PL20190002355) AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A MIXED -USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS RANDALL CURVE MPUD, TO ALLOW DEVELOPMENT OF UP TO 400 DWELLING UNITS, GROUP HOUSING FOR SENIORS, AND 150,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, EXCEPT PUBLIC USES AND GROUP HOUSING ARE NOT SUBJECT TO THE MAXIMUM GROSS FLOOR AREA LIMITATIONS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE ROAD AND 4TH STREET N.E., IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 29 EAST, CONSISTING OF 50t ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL2019DO02356) Project Location O J m C O N Randall BLVD nrnokalee 1Q Copies of the proposed Ordinance are on file with the Clerk to the Board and are 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 limited 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 organization maybe 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COUID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as In person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County webslte which is 6 days before the meeting through the link provided on the front page of the County website at www.colflercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information, about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.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 accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners office. CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL_) No-GCio742039-01 Z )11 V r m H v a Z m 2 H Packet Pg. 332 Randall Curve MPUD (PL20190002356) Application and Supporting Documents October 7,, 2021 CCPC Hearing wGradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects May 21, 2020 Ms. Nancy Gundlach, AICP Collier County Growth Management Division/ Planning and Regulation Land Development Services Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: Collier County Application for Public Hearing, Randall Curve MPUD Rezone (PL20190002356), Submittal 1 Dear Ms. Gundlach: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for properties located at the northeast quadrant of Immokalee Road and 411 Street N.E. is being filed electronically for review. This application proposes to rezone a 50+/- acre parcel to allow up to 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. A companion Growth Management Plan Amendment (PL20190002355) has been filed concurrently with this application. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for a Public Hearing for PUD Rezone 3. Evaluation Criteria 4. Utility Dedication Statement 5. Pre -application meeting notes 6. Affidavit of Authorization 7. Property Ownership Disclosure Form 8. Covenant of Unified Control 9. Addressing Checklist 10. Warranty Deed(s) 11. Boundary Survey 12. Aerial Location Map Q. Grady Minor & Associates, P.A. Ph. 239-947-1144 Fax. 239-947-0375 3800 Via Del Rey EB 0005151 LB 0005151 LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Ms. Nancy Gundlach, AICP RE: Collier County Application for Public Hearing, Randall Curve MPUD Rezone (PL20190002356), Submittal 1 May 21, 2020 Page 2 of 2 13. Environmental Data Requirements 14. Traffic Impact Study 15. Historical Waiver 16. PUD Exhibits A-F 17. Deviation Justifications Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP Richard D. Yovanovich GradyMinor File (RCIRP-19) Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Application for a Public Hearing for PUD Rezone, Amendment to PUD 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 Name of Applicant if different than owner: Richard Yovanovich, as trustee and not individually Address: 4001 Tamiami Trail North, Suite 300 City: Naples Telephone: 239.435.3535 Cell: E-Mail Address: ryovanovich@cyklawfirm.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Telephone: 239.947.1144 State: FL ZIP: 34103 Fax: City: Bonita Springs State: FL Cell: Fax: E-Mail Address: warnold@gradyminor.com ZIP: 34134 Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. February 1, 2019 Page 1 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 REZONE REQUEST This application is requesting a rezone from: E, Estates Zoning district(s) to the Immokalee Road Commercial Center CPUD zoning district(s). Present Use of the Property: Undeveloped residential Proposed Use (or range of uses) of the property: Commercial Original PUD Name: N.A. Ordinance No.: N.A. 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:22 / �27 Lot: N.A. Block: N.A. Subdivision: Golden Gate Estates Unit 22 Tract A Metes & Bounds Description: See Exhibit D of the PUD Exhibits Plat Book: 7 Page #: 83-84 Property I.D. Number: 37690040003 and 37690040100 Size of Property: 1259 ft. x 654 ft. = 2,185,840+i- Total Sq. Ft. Acres: 50.18+/- Address/ General Location of Subject Property: East side of 4th Street NE and on the west side of Immokalee Road PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Residential ❑ Community Facilities ❑■ Mixed Use ❑ Other: ❑ Industrial February 1, 2019 Page 2 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADJACENT ZONING AND LAND USE Zoning Land Use N E Vacant single family residential S Orange Tree PUD and Randall Blvd Center PUD Commercial E Orange Tree PUD Commercial W E Single family residential 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: N.A. /N.A. /N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Property I.D. Number: N.A. Metes & Bounds Description: N.A. 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: Golden Gate Estates Area Civic Association Mailing Address: PO Box 990596 City: Naples State: FL Name of Homeowner Association: Zip: 34116 Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: Name of Homeowner Association: Mailing Address: City: State: ZIP: February 1, 2019 Page 3 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net EVALUATION CRITERIA 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. C. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub -district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub -district, policy or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. February 1, 2019 Page 4 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? ❑ Yes ❑■ No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. 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. February 1, 2019 Page 5 of 11 CoAr County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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): Richard Yovanovich, as trustee and not individually Address: 4001 Tamiami Trail North, Suite 300 City: Naples State: FL ZIP: 34103 Telephone: 239-435-3535 Cell: E-Mail Address: rovanovich@cyklawfirm.com Address of Subject Property (If available): N.A. City: State: ZIP: ROPERTY INFORMATION Fax: Section/Township/Range: 2�4�27 Lot: N.A. Block: N.A. Subdivision: Golden Gate Estates Unit 22 Tract A Metes & Bounds Description: See Exhibit D of the PUD Exhibits Plat Book: 7 Page #: 83-84 Property I.D. Number: 37690040003 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System x❑ b. City Utility System ❑ C. Franchised Utility System ❑ Provide Name: 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 ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 150,000 s.f. commercial and 400 MF dwelling units Peak and Average Daily Demands: A. Water -Peak: 217,350 gpd Average Daily: 1611000 gpd B. Sewer -Peak: 155,250 gpd Average Daily: 115,000 gpd If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: June 2022 February 1, 2019 Page 6 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 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. Included with submittal 1 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. February 1, 2019 Page 7 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as (Street address and City, State and Zip Code) and legally described in Exhibit attached hereto. The property described herein is the subject of an application for planned unit development ( PUD) zoning. We hereby designate , 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 and safeguards of the planned unit development. Owner Printed Name STATE OF FLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this who is personally known to me or has produced Owner Printed Name day of 201_ by as identification. Notary Public (Name typed, printed or stamped) February 1, 2019 Page 8 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Final Submittal Requirement Checklist for: ■❑ PUD Rezone- Ch. 3 G. 1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 The following Submittal Requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.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 0 ❑ 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 0 ❑ 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. ❑ ❑ ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 0 ❑ Traffic Impact Study 1 0 ❑ Historical Survey 1 0 ❑ School Impact Analysis Application, if applicable 1 ❑ 0 Electronic copy of all required documents 1 0 ❑ 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 February 1, 2019 Page 9 of 11 CoAr 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 ❑ ❑ 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: ASSOCIATED FEES FOR APPLICATION Pre -Application Meeting: $500.00 X 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 X Comprehensive Planning Consistency Review: $2,250.00 X 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 X Transportation Review Fees: c)( 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 February 1, 2019 Page 10 of 11 Co*er Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net X Legal Advertising Fees: X CCPC: $1,125.00 X 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. October 27, 2020 Signature of Petitioner or Agent D. Wayne Arnold, AICP Printed named of signing party Date February 1, 2019 Page 11 of 11 Randall Curve MPUD (PL20190002356) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. 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. The Randall Curve Mixed Use Planned Unit Development (MPUD) is a 50.18± acre property located on northeast corner of the intersection of Immokalee Road and 4t" Street N.E. The property is Designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan Future Land Use Map. A companion growth management plan amendment has been filed to create the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. This subdistrict provides for 150,000 square feet of commercial land uses and up to 400 dwelling units. 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. The planned unit development is located in an area, which has been designated for low density residential development on the County's Future Land Use Map and Golden Gate Area Master Plan. The subject property is a suitable location for the proposed mixed -use project. The site has public water and sewer service available from Collier County Utilities and is directly accessible to six -lane Immokalee Road. The property is located immediately north of commercial development located at Randall Boulevard and Immokalee Road and is immediately west of developed and vacant commercial land located within the Orangetree PUD. The site is located immediately south of a pending 20-acre commercial project whose comprehensive plan amendment and MPUD rezoning are currently pending public hearing review. A vehicular interconnection to this property will provide for potential access to the signalized intersection of Immokalee Road and Orangetree Boulevard. During the restudy of the Golden Gate Area Master Plan numerous attendees at the various public meetings commented on their desire to have more commercial shopping opportunities in this area to better serve the growing population residing in Golden Gate Estates. The applicant has also had numerous discussions with representatives of the Golden Gate Civic Association, and they have expressed their support for a mixed -use project at this location. 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 August 4, 2021 W GradyMinor Page 1 of 10 RCIRP-19 Evaluation Criteria-r4.docx Ci%gl Engineers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com 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 countyattorney. 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.) Future Land Use Element: The 50.18± acre project is designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan (GGAMP), Rural Golden Gate Estates Sub -Element Future Land Use Map. A Growth Management Plan amendment application has been filed to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict will permit 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. Policies 5.3 and 5.4 of the Future Land Use Element require that rezonings must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict, the proposed MPUD amendment may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The site while not within the County's Urban designated area, is located in an area of the County that is served by public water and sewer. The site is located in an area already having residential and commercial development at densities and intensities similar to those found in the urban area. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The proposed mix of residential and commercial uses are complementary and compatible for the area. The mixture of residential uses will complement the dominant large lot single family homes that currently exist in this area of Collier County. The proposed commercial uses are consistent with the expressed desires of many estates residents who have asked to have more opportunities for convenient shopping and dining near their homes. The MPUD Master Plan identifies significant native preservation areas adjacent to the nearest residential properties which act as buffers and a physical separation from these nearby homes, which ensures compatibility of the proposed and existing uses. Page 2 of 10 Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to Immokalee Road. There is an opportunity for an interconnection to the north, which has been shown on the conceptual MPUD Master Plan. If the interconnection is permitted and constructed access to the signalized intersection of Immokalee Road and Orangtree Boulevard will occur. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This MPUD application includes a comprehensive assessment of the transportation impacts associated with the project and concludes that adequate capacity exists to accommodate the proposed uses. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: Policy 6.1.1 requires that developments containing native vegetation communities must retain a percentage of existing native vegetation on -site. A portion of the site has been previously cleared for water management facilities used to provide attenuation and water quality treatment of stormwater runoff from Immokalee Road. Additional water management area will be needed in the future to accommodate grade separated improvements proposed for the intersection of Immokalee Road and Randall Boulevard. The MPUD and companion growth management plan amendment require the on -site preservation of approximately 6.6± acres of native vegetation. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) Page 3 of 10 This project site is currently surrounded by either roadway or development. The parcel is bordered by a busy roadway along its entire western and southern boundary. This parcel fronts Immokalee Road which is a busy roadway. To the west is a roadway and single-family homes. Finally, to the north is a proposed commercial planned unit development. Thus, this project site would be considered isolated. This has a limiting influence as wildlife utilization. Several listed species will be considered during the permitting process. Prior to development additional permits will be required. During this permitting process, these issues will be reviewed. During the permitting process, a Black bear management plan would probably be required to limit human -bear interaction. The parcel is in USFWS Secondary Panther Consultation Zone. The project as proposed is required to preserve habitat on site. This habitat will be properly maintained aiding small mammals by provided some viable habitat. A fox squirrel management plan will probably be required during the SDP permitting process. The property is located in Wellfield Protection Zone (ST/W-4); The proposed uses will meet the requirements of the Wellfield Risk management overlay zone LDC 3.06.03. CCME Policy 7.1.1 indicates that incompatible land uses shall be directed a way from lands that are designated as Big Cypress Area of Critical State Concern, Natural Resource Protection Areas, Habitat Stewardship Areas, and Sending Lands. The subject property is not within, or adjacent to any of the environmentally critical areas identified in CCME Policy 7.1.1. 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. The proposed uses will be physically separated from the nearest residential dwelling by a wide native vegetation preservation area which will provide adequate buffers between the proposed and existing uses. The conceptual MPUD Master Plan identifies that the proposed residential component of the project will be located between the nearby residences located along 4th Street N.E. and the commercial component of the MPUD. this transition and orientation of uses results in a compatible relationship between land uses. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will provide a minimum of 30% open space consistent with the requirements of the LDC, which will include native vegetation preserve areas, lakes, buffers and recreational areas. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Page 4 of 10 The project will be subject to concurrency review at the time of site plan approval. Public facility capacity will either be available at that time or funded for improvement, concurrent with development within the MPUD. g. The ability of the subject property and of surrounding areas to accommodate expansion. The MPUD boundary is not proposed to be modified and cannot be expanded due to existing public roadways to the west and east, and residential and proposed commercial development to the north. 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. The MPUD includes development standards and conditions which will assure compatible and complementary development. The Master Plan also identifies buffers and preserves which are designed to ensure compatibility. 10.02.08 - Requirements for Amendments to the Official Zoning Atlas F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08 E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. Future Land Use Element: The 50.18± acre project is designated Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict on the Golden Gate Area Master Plan (GGAMP), Rural Golden Gate Estates Sub -Element Future Land Use Map. A Growth Management Plan amendment application has been filed to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict will permit 150,000 square feet of gross floor area of commercial uses, senior housing uses and a maximum of 400 residential dwelling units. Policies 5.3 and 5.4 of the Future Land Use Element require that rezoning must be consistent with the Growth Management Plan. Upon approval of the companion growth management plan amendment, which will establish the Immokalee Road/4th Street N.E. Mixed Use Page 5 of 10 Subdistrict, the proposed MPUD amendment may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 of the Future Land Use Element discourage urban sprawl by confining urban intensities of development to those areas designated Urban on the Future Land Use Map. The site while not within the County's Urban designated area, is located in an area of the County that is served by public water and sewer. The site is located in an area already having residential and commercial development at densities and intensities similar to those found in the urban area. Policy 5.6 requires that new developments shall be compatible with and complementary to the surrounding land uses as set forth in the Land Development Code. The proposed mix of residential and commercial uses are complementary and compatible for the area. The mixture of residential uses will complement the dominant large lot single family homes that currently exist in this area of Collier County. The proposed commercial uses are consistent with the expressed desires of many estates residents who have asked to have more opportunities for convenient shopping and dining near their homes. The MPUD Master Plan identifies significant native preservation areas adjacent to the nearest residential properties which act as buffers and a physical separation from these nearby homes, which ensures compatibility of the proposed and existing uses. Objective 7 and the implementing policies promote interconnection with adjoining neighborhoods and streets. The project has direct access to Immokalee Road. There is an opportunity for an interconnection to the north, which has been shown on the conceptual MPUD Master Plan. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on 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. This MPUD application includes a comprehensive assessment of the transportation impacts associated with the project and concludes that adequate capacity exists to accommodate the proposed uses. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Utilities. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: Page 6 of 10 Policy 6.1.1 requires that developments containing native vegetation communities must retain a percentage of existing native vegetation on -site. A portion of the site has been previously cleared for water management facilities used to provide attenuation and water quality treatment of stormwater runoff from Immokalee Road. Additional water management area will be needed in the future to accommodate grade separated improvements proposed for the intersection of Immokalee Road and Randall Boulevard. The MPUD and companion growth management plan amendment require the on -site preservation of approximately 6.6± acres of native vegetation. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) This project site is currently surrounded by either roadway or development. The parcel is bordered by a busy roadway along its entire western and southern boundary. This parcel fronts Immokalee Road which is a busy roadway. To the west is a roadway and single-family homes. Finally, to the north is a proposed commercial planned unit development. Thus, this project site would be considered isolated. This has a limiting influence as wildlife utilization. Several listed species will be considered during the permitting process. Prior to development additional permits will be required. During this permitting process, these issues will be reviewed. During the permitting process, a Black bear management plan would probably be required to limit human -bear interaction. The parcel is in USFWS Secondary Panther Consultation Zone. The project as proposed is required to preserve habitat on site. This habitat will be properly maintained aiding small mammals by provided some viable habitat. A fox squirrel management plan will probably be required during the SDP permitting process. The property is located in Wellfield Protection Zone (ST/W-4); The proposed uses will meet the requirements of the Wellfield Risk management overlay zone LDC 3.06.03. CCME Policy 7.1.1 indicates that incompatible land uses shall be directed a way from lands that are designated as Big Cypress Area of Critical State Concern, Natural Resource Protection Areas, Habitat Stewardship Areas, and Sending Lands. The subject property is not within, or adjacent to any of the environmentally critical areas identified in CCME Policy 7.1.1. 2. The existing land use pattern. Page 7 of 10 The subject property is located at the intersection of a collector and arterial roadway. The properties located to the west are residential. To the north is undeveloped residential property and proposed commercial property. Properties to the east are zoned Orangetree PUD and are developed with single family homes and commercial land uses. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The MPUD includes all property under the control of the applicant. The MPUD meets all criteria for a PUD rezone and does not create an isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The boundaries are not illogically drawn and comprise all of the property under the unified control of the applicant. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The property is currently zoned E, Estates. A companion growth management plan amendment has been filed which has demonstrated the demand for additional commercial and residential uses in this area. A rezoning is required in order to develop the proposed uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The MPUD document includes development standards to ensure that it is compatible with the immediately surrounding properties. The MPUD master plan identifies appropriate buffers and open spaces, which will further ensure that the development of the commercial and residential community will have no adverse impacts to the neighborhood. Access to the project is from Immokalee Road. 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. A traffic impact analysis has been submitted in support of the proposed amendment. No level of service issues have been identified and the site will have access to Immokalee Road, as well as a potential interconnection to the north with access to the signalized intersection at Immokalee Road and Orangetree Boulevard. 8. Whether the proposed change will create a drainage problem. Page 8 of 10 The project will be required to obtain an Environmental Resource Permit (ERP) through the South Florida Water Management District. The ERP review evaluates historic surface water flows and controls the off -site discharge of stormwater from the site. The project will have internal water management facilities including detention areas to control the drainage for the project. No drainage issues will result from this project. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the limitation on building heights, setbacks, and the proposed buffering, there will be no reduction in light or air for adjacent properties. 10. Whether the proposed change will adversely affect property values in the adjacent area. The MPUD proposes to establish commercial and residential land uses. The uses are controlled by development standards in the MPUD document which provide setbacks from residential land uses. Development subject to the MPUD standards will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The addition of commercial and residential land uses should not be a deterrent to improvement or redevelopment of adjacent properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The MPUD rezone is a companion to a growth management plan amendment. This process does not grant a special privilege to a property owner and the process is consistent with the process outlined in Chapter 163, F.S. for amendments to growth management plan. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing zoning is E, Estates which does not permit commercial and multi -family land uses. The amendment is necessary to establish commercial and multi -family land uses within the MPUD. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The proposed rezone is in scale with the needs of the neighborhood and Collier County. Page 9 of 10 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in Collier County for development of a mixed - use project; however, this proposed site is located in an area served by public facilities, has access to a six -lane arterial road and has been supported by many Estates Area residents. 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. The subject property is partially developed with a 5± acre water management area for the adjacent Immokalee Road. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. II], as amended. There are adequate roadways and utilities available at the site. There are no public facilities deficiencies at the present time, and none will occur as a result of this project. 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. The project is consistent with the proposed Immokalee Road/4th Street N.E. Mixed Use Subdistrict of the Growth Management Plan, and it is compatible with surrounding development. Page 10 of 10 Randall Curve CPUD (PL20190002356) Collier County Utility Dedication Statement Date: l -2 \ Z;; z Q:) The developer agrees 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. The developer also agrees 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. The developer agrees to dedicate the appropriate utility easements for serving the water and sewer systems. Signed by: Richard D. Yovanovich, Esq. as Vice President of Coleman, Yovanovich & Koester, P.A. (Applicant) STATE OF COUNTY OF ('i�jIIP.� ) Sworn to (or affirmed) and subscribed before me this )C-' day of Nt 't_ ' 2020 by'- D. 'i c)ya r who is personally known to me or has produced as identification. INTANILLAStateofFloridaI GG 142591es M Sep 13, 2021 tional Notary Assr. Notary Public (Name typed, printed or stamped) Mayo, 2020 a GraCiyMiflor PUDZ Utility Dedication Statement (CVK) Civil Hnglnecrs • Land Swmcyots • Plannet's • Landscape Architects Page 1 of I Q Gnidy Minor & Associates, P.A. 3800 Via Del Bel" Bonita Springs, PL 34134 • P39-947-1144 • engiacoring ograciytainor.com • wsvw.grad�miuor.com Cofer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 Pre -Application Meeting Notes Petition Type: Date and Time PURR Wednesday, 10/30/19 4:00 P.M. Assigned Planner: Nancy Gundlach Engineering Manager (for PPL's and FP's): Project Information Project Name: Immokalee Road Commercial Center PL#: PL20190002356 Property ID #: 37690040003 Project Address: Applicant: Sharon Umpenhour Current Zoning: City; Naples -State: FL Zip: 34112 D.Wayne Arnold, AICP Agent Name: Richard D . Yovanovich Phone: (239) 947-1144 Bonita Agent/Firm Address: 3800 Via Del Ray City; Sprinas State: -" L Zip: 34134 Property Owner: Collier Cnty C/O Real Property Management Please provide the following, if applicable: Total Acreage: ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: V. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. if the project is within a Plat, provide the name and AR#/PL#: Updated 7/11/2019 Page 1 1 of 5 Cotl3er Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252� 2400 m t� c' 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.colliergov.net/Home/ShowDocument?id=75093. "d� EN�+I��t�►�vl-gL �cr� � �i d ECiES ��rvE FLUELS r P ICI� 1: W b iWe LANd INfd ( L LAM 5co; e5 i1= PGSSI M P . piece kIC I E RIAC V l7EAQ /&Mli 4W IMF- A4 Q14Ql o� <Vecles 11 F-V,lF-W - prcvldf- oap,liJE (:�r 06i%LU G. i . 1 + -7.1. I ISIC NA Wf, (i5CQ0AtC-J e vtiLE . Nkre-SS Lot- 3.0�.60 wflltlf-ld P4'teAlC.,J Ovseb Zvkc . SEE- CheCV-list 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@napiesgov.com Allyson Holland AMHolland@naplesgov.com Robin Singer RSinger(&naplesgov,corn Erica Martin emarhn[a)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-PUD Chec ist (non-RFMU) yy Project Name Y`no P ^��i_ CJMC�f V_6C 1 `0l 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 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 0Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 [ 4.} Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. �j 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.E-13; 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 Retained preservation areas shall be selected based on the criteria defined in LDC 3.05,07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.14) Preserve Selection- P550 Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC I0.02.02.A.2.f) Listed Species - P522 ( 9.J 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 11. If the PUD includes a Preserve Tract section A. Principal Use: Preserve B. Accessory Uses: Uses subject to LDC section Allowable uses within County required preserves Alternate format. If the agent insists on listing speck uses under Accessory Uses, the following language shall be used far 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. PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E,1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. l2. 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. 13. 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: Environmental Data Checklist Project Name Je[r (Oqd c_)rn!rr_rC_)a_ The Environmental Data requirements can be found in LDC Section 3.08.00 ^l� Provide the EIS fee if PUD or CU. QWHO 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. OIdentify 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. Will Stormwater be directed in the wetland preserves? I 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. If wetlands will be used for stormwater provide the topo map 0 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 8 Provide a survey for listed plants identified in 3.04.03 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. 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. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off -site parcel(s) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 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, Iandfill 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. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. 17. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. QDIdentify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. include the location of the WeIlfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 19. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 20. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14, 21. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastai Management Element of the GMP. 22. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) 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. P01*5 G.1. I -t y • 1. i �c Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. Address each one. QIndicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 23. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 24. Is EAC Review (by CCPC) required? +6 I�E QE leg, rov4 pr� vev ,lei 25. PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. A note needs to be added to the MCP and preserve as a buffer needs to be added to the commitments. 26. Additional comments 27. Stipulations for approval (Conditions) Co eT Cou.Hty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION www.colliergov.net Meeting Notes PL20190002356. 10/30/19. 4fm 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)?52-2100 Landscape: Label buffers by type and width on master plan. Type 'B` buffer where abutting estates lots. Type 'D' buffer along Immokalee Rd. 1_ W. 4 J; , IJ y Coen Count y COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Other required documentation for submittal inot listed on application Disclaimer. Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 7/21/2019 Page I Aof 5 Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." 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." Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Pre -Application Meeting Sign -in Sheet PL# PL20190002356 Collier County Contact Information: Name David Anthony Claudine Auclair Sally Ashkar Review Discipline Environmental Review GMD Operations and Regulatory Management Assistant County Attorney Phone 252-2497 252-5887 252-8842 Email david.anthony@colliercountyfl.gov caudine.auclair@colliercountyfl.gov sally.ashkar@colliercountyfl,gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.bafuch@colliercountyfl.gov [ Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov 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@colliercountyfLgov �I Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfLgov Tim Finn, AICP Zoning Division 252-4312 timot hy.finn@colliercountyfLgov Sue Faulkner Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov [I Jeremy Frantz LDC Manager 252-2305 Jeremy.Frantz@colliercountyfLgov ❑ James French Growth Management Deputy Department Head 252-5717 james.french@colliercountyfl.gov ❑ Michael Gibbons Structurai/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ 5torm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@coiliercountyfl.gov Nancy Gundlach, AICP, PLA Zoning I) vision 252-2484 nancy.gundlach@calliercountyfl.gov Richard Henderlong Principal Planner 252-2464 Rchard.henderlong@colliercountyfl.gov John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfLgov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfLgov ❑ Erin Josephitis Environmental Specialist, Senior 1 252-2915 erin.josephitis@colliercountyfl.gov ❑ Marcia Kendall Comprehensive Planning 252-2387 marcia.kendall@colliercountyfl.gov ❑ J hn Kelfy Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov ❑ Gil Martinez Zoning Principal Planner 252-4211 gilbert.martinez@colliercountyfLgov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfLgov Updated 7/11/2019 Page 1 4 of 5 County(:;Pe-r COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net Jack McKenna, P.E. Matt McLean, P.E. Michele Mosca, AICP nnis Moxam Richard Orth L Brandy Otero Brandi Pollard Todd Rivall -i Brett Rosenblum, P.I James Sabo, AICP I_ Michael Sawyer Corby Schmidt, AICP Chris Scott, AICP C Linda Simmons Peter Shawinsky __1 Camden Smith Mark Strain Mark Templeton Jessica Velasco Jon Walsh, P.E. David Weeks, AICP Kirsten Wilkie Christine Willoughby Daniel Zunzunegui �-I le blur(--k Additional Attendee i Engineering Services Development Review Director Capital Project Planning Addressing Stormwater Planning Transit Utility impact fees North Collier Fire Development Review Principal Project Manager Zoning Principal Planner Transportation Planning Comprehensive Planning Development Review - Zoninl North Collier Fire Architectural Review Zoning Operations Manager Hearing Examiner/CCPC Landscape Review Zoning Division Operations Building Review Comprehensive Planning 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 252-2911 jack. mckenna@col liercount 252-8279 matthew.mclean@colliercou 252-2466 michele.mosca@colliercount 252-5519 annis.moxam@colliercountyi 252-5092 hchard.orth@colliercountyfl. 252-5859 brandy. otero@colliercountyf 252-6237 brandi.pollard@colliercoun4 597-9227 triggall@northcollierfire.com 252-2905 brett.rosenblum@colliercoL 252-2708 james.sabo@colliergo.net 252-2926 michael.sawyer@colliercoui 252-2944 corby.schmidt@colliercount 252-2460 chris.scott@colliercountyfl.€ 252-2311 Linda.5irnmons@colliercour 252-8523 peter.shawinsky@colliercou 252-1042 camden.smith@colliercount 252-4446 mark.strain@colliercountyfl. 252-2475 mark,templeton@colliercou 252-2584 jessica.velasco@colliercouni 252-2962 jonathan.walsh@coil iercour Future Land Use Consistency 252-2306 david.weeks@colliercountyfl.gov Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov North Collier Fire 252-2310 Daniel.Zunzuneguj@colliercountyfl.gov ��ern`t�an� C<)0I1R-6r e�.gnur- �czI1,e(-cuX)4jf(.9ov ntact Information: �1 rip G . GMEW'. Updated 7/11/2019 Page 1 5 of 5 Mal ElienMurra VEN From: Sharon Umpenhour <SUmpenhour@gradyminor.com> Sent: Friday, October 25, 2019 1:54 PM To: EIIenMurrayVEN Cc: GundlachNancy; SmithCamden Subject: RE: Supplemental Form for Immokalee Road Commercial Center (PUDZ) - PL20190002356 Attachments: FORM Pre -Application Meeting Supplemental Information.docx 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. Good afternoon, Attached is the completed preapp form. Sharon Umpenhour Senior Planning Technician From: EIIenMurrayVEN <Ellen,Murray@colliercountyfl.gov> Sent: Friday, October 2S, 2019 11:11 AM To: Sharon Umpenhour <SUmpen hour@gradyminor.com> Cc: GundlachNancy <Nancy.Gundlach@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: Supplemental Form for Estates Shopping Center (PUDA) - PL20190002354 Good Morning Sharon, I have received a request for a Zoning Pre -Application meeting for Immokalee Road Commercial Center (PUDR) - PL20190002355. I have attached a Supplemental Form for you to complete and return to me as soon as possible. Please include any Plans, Surveys or additional information that would help our Planners to be better prepared for your meeting. The meeting is scheduled for Wednesday 10 30 19 at 4:00 PM in Conference Room C here in the building. Respectfully, F.&,. e. Ellen C. Murray Operations Coordinator C0117ey County Growth Management Department Zoning Division Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. PL20190002356 — Immokalee Road Commercial Center PUDZ PRE-APP INFORMATION Assigned Ops Staff: Ellen Murray Camden Smith, (Ops Staff) STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour / 239-947-1144 / sumpenhour@gradyminor,com • Agent to list for PL# D. Wayne Arnold, AICP, Q, Grady Minor & Associates, P.A. Richard D. Yovanovich, Coleman, Yovanovich & Koester, P.A. "Please copy Sharon Umpenhour (sumpenhour@gradyminor.com) on all emails pertaining to this project. • Owner of property (all owners for all parcels) 37690040003 — Collier County • Confirm Purpose of Pre-App: (Rezone, etc.) Rezone to PUD • Please list the details of the project including density, proposed or considered uses for the project, size of commercial vs. residential, number of homes/units/offices/docks (any that apply): Rezone to allow a maximum of 450,000 square feet of commercial development and 300 multi -family dwelling units. Details about Project (choose type that applies): PUD — is this a phased development, adding uses to an existing PUD or what changes are you proposing or what project are you seeking input for. Is there any specific Tract or addition of a Tract/Use? REQUIRED Supplemental Information provided by: Sharon Umpenhour Senior Planning Technician sumpenhour@gradyminor.com 2 39-947-1144 created - Zornng Division - 28M Ngth Horseshoe Drive • Naples, Florida 34104.239-252-2400 • www.cofhergov i�of Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net ctAA1nA (-\f �/� [ �� f }� Ill 1�,� eq9) 252-2400 FAX: (239) 252-6358 Final bmittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code 0 Amendment to PUD- Ch. 3 G. 2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code 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 REQUIRED NOT COPIES 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 Deeds) 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 1 ❑ on aerial. 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 1 ,�{ ❑ copies of previous surveys. IJ Traffic Impact Study 1 ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1 ❑ ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F (see below for additional information)' ❑ List of requested deviations from the I DEC with justification for each (this ❑ ❑ ❑ document is separate from Exhibit E) — ti Checklis'E�� ntinue Xnext page February 1. 2019 v Page 9 of 11 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX;, (2A4,)J52-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 Y2" x 11" copy ❑ ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if ❑ ❑ ` Amending the PUD (� Revised PUD document with changes crossed thru & underlined 1 ❑ Copy of Official Interpretation and/or Zoning Verification 1 ❑ If located in Immokalee or seeking affordable housing, include an additional set of each 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 11 1 /Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description �xlhibit E: List of Requested LDC Deviations and justification for each Exhibit F: Last 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 RF ROLITFD Tn TWF MI 1 nwirur, R1:X119:1a1rRc- Scho6 District (Residertial Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnsen 1 i ❑ Utilities Engineering: Eric Fey Emergency Management: Dan Summers ❑ ❑ Parks and Recreation: Barry Williams (Director) Immokalee Water/Sewer District: ❑ City of Naples: Robin Singer, Planning Director ❑ Other: ❑ City of Naples Utilities I ❑ I Other: I ASSOCIATED FEES FOR APPLICATION I V PPre-Application Meeting: $500.00 � I�' 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 N\k -1 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: 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 February 1, 2019 Page 10 of 11 Coker County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www,co�lliergov.net Legal Advertising Fees: n&,-C : $1,125.00 CC: $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 51" and subsequent re -submittal will be accessed of 10% 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 FOR PETITION NUMBERS(S) PL20190002355 and PL20190002355 1 Richard D. Yovanovich, Esq. (print name), as Successor Trustee (title, if applicable) of the Golden Gate Boulevard West Trust (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant=contract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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. Well authorize Coleman, Yovanovich & Koester, P.A. and Q. Grady Minor & Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. -&A �.J _,_>5!-I � July 29, 2020 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of M physical presence or ri online notarization this 294 day of July 20 20 , by (printed name of owner or qualifier) Richard D. Yovanovich Such person(s) Notary Public must check applicable box: ED Are personally known to me Has produced a current drivers license Has produced CP\08-COA-00115\155 REV 3/4/2020 as identification. DIANNAQUINTANILLA NotaryPublic- StateofFlorida ,. Commission., GG 142591 My Comm. Expires Sep 13, 2021 Acrded through National Notary Assn, AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190002355 and PL20190002356 1 Richard D. vovanovich, Esq. (print name), as Successor Trustee (title, if applicable) of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 (company, If ap licable), swear or affirm under oath, that I am the (choose one) owner0applicantF--Jcontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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 Coleman, Yovanovich & Koester, P.A. and Q. Grady Minor & Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. `Notes: • if the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.CJ 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, 1 declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. July 29, 2020 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of physical presence or rl online notarization this zstn day of July 2020 , by (printed name of owner or qualifier) Richard D. vovanovich Such person(s) Notary Public must check applicable box: Are personally known to me 0 Has produced a current drivers license ® Has produced CP\08-COA-00115\155 REV 3/4/2020 as identification. DIANNAQUINTANILLA Nota' Public - State of Florida Commission, GG 14259' My Comm. Expires Sep 13, 2021 „ 6crdedthroughNatioralmc;3ryAssr. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190002355 and PL20190002356 1 Richard D. Yovanovich, Esq. (print name), as successor Trustee (title, if applicable) of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 (company, If a licable), swear or affirm under oath, that I am the (choose one) owner applicant=contract purchasernand that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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. Well authorize Coleman, Yovanovich & Koester, P.A. and Q. Grady Minor & Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. `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 iin` it are true. �- v ~ July 29, 2020 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of rxJ physical presence or F71 online notarization this 29th day of July 20 20 , by (printed name of owner or qualifier) Richard D. Yovanovich Such person(s) Notary Public must check applicable box: F1 Are personally known to me Q Has produced a current drivers license M Has produced as identification. Notary Signature: Al O a 11 -Q—) QU-4izm-,/Z& CP\08-COA-00115\155 REV 3/4/2020 DIANNAQUINTANILLA .�« Nqp ar}.Ftublic - State of Porida Commission=GG 14239' ,.,., My Comm. Expires Sep 13.2021 Bcrdedthrough NationelNCtarV�'ssr. AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20190002355 and PL20190002356 1, Richard D. Yovanovich, Esq. (print name), as successor Trustee (title, if applicable) of under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 (company, If applicable), swear or affirm under oath, that I am the (choose one) ownerF---1applicant acontract purchaser and that: 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 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. Well authorize Coleman, Yovanovich & Koester, P.A. and Q. Grady Minor & Associates, P.A. to act as our/my representative in any matters regarding this petition including 1 through 2 above. *Notes: • If the applicant is a corporation, then it is usually executed by the corp. pres. or v. pres. • If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." • If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words "as trustee". • In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. July 29, 2020 Signature STATE OF FLORIDA COUNTY OF COLLIER Date The foregoing instrument was acknowleged before me by means of ®x physical presence or rl online notarization this 29th day of July 20 20 by (printed name of owner or qualifier) Richard D.Yovanovich Such person(s) Notary Public must check applicable box: M Are personally known to me M Has produced a current drivers license rl Has produced as identification. Notary Signature: A/ /LJ _/A LIJa CP\08-COA-00115\155 REV 3/4/2020 DIANNAQUINTAN __ Notary Public State of .' o a C6h fission-.GL �-259 MY Comm. Expires Sep 13.2C'.2l ,,,,,,, Bcnded lhreugh Natioret �ct=rq?s_r PROJECT: Randall Curve Property FOLIO NO: 37690040003 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this ZAy k- day of I_Qrl 2019, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "Seller" whose mailing address is 3335 Tamiami Trail East, Naples, FL 34112, and, RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY), hereinafter referred to as "Purchaser" whose mailing address is c/o Crown Management Services, LLC, 207 Cherry Hill Drive, Presto, PA 15142, WHEREAS, Seller desires to sell the 47 +1- acre parcel defined below as the County Property for a cash payment and exchange of a 10 *!- acre parcel defined below as the Estates Shopping Property owned by Purchaser on the terms and conditions hereinafter set forth. WHEREAS, Seller shall retain a "useable" one -acre tract of land on the County Property to facilitate a County service building to serve the community. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows. - I. RANDALL CURVE PROPERTY. The real property owned by Seller and to be sold to Purchaser, which is subject to this Agreement, (hereinafter referred to as "County Property") is located in Collier County, Florida, is commonly known as the Randall Curve Property and described on Exhibit "A" attached hereto and made a part hereof. 2. ESTATES SHOPPING PROPERTY. The real property owned by Purchaser and to be conveyed to Seller, which is subject to this Agreement (hereinafter referred to as "Estates Shopping Property") is located in Collier County, Florida and described on Exhibit "B" attached hereto and made a part hereof. 3. SALE, CONVEYANCE and EXCHANGE. Seller agrees to sell and convey Seller's right, title and interest in and to the County Property less a one -acre useable tract ("One -Acre Tract") to Purchaser, and Purchaser agrees to purchase the County Property from Seller at the price and upon the terms and conditions hereinafter set forth. In addition to the Purchase Price (defined below), in exchange for the County Property, Purchaser shall convey at no cost to Seller the Estates Shopping Property, at the terms and conditions hereinafter set forth. Both the County Property and the Estates Shopping are being sold in their "as is" condition. THE "AS -IS" NATURE OF THIS AGREEMENT APPLIES TO ALL ASPECTS OF BOTH THE COUNTY PROPERTY AND ESTATES SHOPPING PROPERTY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE "AS -IS" NATURE OF THIS AGREEMENT WAS THE BASIS FOR DETERMINING THE PURCHASE PRICE. THE PURCHASE PRICE FOR THE COUNTY PROPERTY IS BASED UPON LAND VALUE ONLY AND NO VALUE HAS BEEN ATTRIBUTED TO ANY STRUCTURE OR OTHER IMPROVEMENTS CONSTRUCTED ON THE COUNTY PROPERTY OR THE ESTATES SHOPPING PROPERTY NEITHER PURCHASER NOR SELL SHALL HAVE ANY MAINTENANCE OR RISK OF LOSS RESPONSIBILITIES WITH RESPECT TO THEIR RESPECTIVE PROPERTY. 4. EXECUTION OF AGREEMENT. Purchaser shall execute this Agreement in advance of submittal to the Board of County Commissioners. The date the Board of County Commissioners approve of this Agreement shall be referred to herein as the "Effective Date". 5. TITLE. Title to the County Property shall be conveyed to Purchaser by Statutory Deed and title to the Estates Shopping Property shall be conveyed to Seller by Special Warranty Deed. In addition to the foregoing, both parties agree to execute an owner's gap, construction lien and non -foreign affidavit, closing statement and all such other documentation requested by either party's attorney in order for it to obtain an owner's title insurance policy. 6. PURCHASE PRICE. The Purchase Price ("Purchase Price") for the County Property is THREE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($3,750,000), payable by Purchaser to Seller. Within three (3) business days after the Effective Date, Purchaser shall pay to Coleman, Yovanovich & Koester, P.A. ("Escrow Agent"), an initial deposit in the amount of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500) hereinafter referred to as ("Initial Deposit"). Prior to the end of the ninety (90) day Due Diligence Period, if Purchaser has not elected to terminate this Agreement, Purchaser shall pay to Escrow Agent an additional sum of ONE HUNDRED EIGHTY-SEVEN THOUSAND, FIVE HUNDRED DOLLARS ($187,500), hereinafter referred to as (`Second Deposit") so that the total deposit equals THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) and shall be non-refundable except for Seller's default or Purchaser's failure to obtain all required County land use entitlements and all required State and Federal approvals set forth in Section 8, below. The Initial Deposit and the Second Deposit shall collectively be referred to as the "Earnest Money." The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by PURCHASER to SELLER at closing of this transaction. 7. INPECTION PERIOD AND DUE DILIGENCE. Purchaser shall have a period of ninety (90) days from and after the Effective Date ("Due Diligence Period") to inspect the County Property, including the right to make engineering and soil tests, analyses and other investigations, and to investigate and/or review any other facts. circumstances or matters, or to perform any and all due diligence, which Purchaser deems relevant to the purchase of the County Property. This Agreement shall terminate if prior to the expiration of the Due Diligence Period, Purchaser delivers to Seller written notice that the County Property is not suitable to Purchaser for any or no reason in Purchaser's sole and absolute discretion. If Purchaser terminates this Agreement pursuant to this Section, then upon such termination, Purchaser shall receive an immediate refund of the Initial Deposit then held by Escrow Agent, and thereafter neither party shall have any further obligations to the other hereunder. 8. LAND USE ENTITLEMENT CONDITIONS. Purchaser's obligation to purchase the County Property and exchange the Estates Shopping Property is contingent upon Purchaser obtaining: (a) final approval of any rezone, and any amendment(s) to the Collier County Growth Management Plan and/or Land Development Code, as are necessary to obtain such rezone, to permit commercial and/or residential uses on the County Property acceptable to the Purchaser in Purchaser's sole and absolute discretion, and (b) an amendment to the Estates Shopping Center Sub -district and the Estates Shopping Center CPUD to eliminate the grocery store requirement and to add the County's proposed uses for essential public service to include, but not be limited to, workforce housing, senior housing, VA nursing home and an animal sanctuary. Purchaser shall work with the Seller during the entitlement process to agree upon the legal description of the One -Acre Tract and to define and develop the appropriate development standards for the One -Acre Tract. The One -Acre Tract will be fully mitigated and not required to provide preserve, open space, water quality and water quantity management within the acre and shall have access to the main access road of the development. The Purchaser will work with the Seller's representative to define development standards that reduce the setbacks and buffering to the parent parcel during the rezone process, eliminate the grocery store requirement and obtain uses on the remaining parcel between Wilson Boulevard and 151 Street Northwest acceptable to Purchaser in Purchaser's sole and absolute discretion During the entitlement process, at Purchaser's request, Seller shall execute all petitions to add the Purchaser's desired uses on the County Property including, but not limited to, a petition to amend the Collier County Growth Management Plan and a petition to rezone the County Property. The Purchaser shall use his best efforts to obtain the land use entitlements within twenty-four (24) months of the execution of this Agreement. Should the Purchaser fail to complete the entitlement process within thirty (30) months, then this Agreement shall terminate and the Earnest Money shall be returned to the Purchaser and the parties shall have no further obligations hereunder. 9. TITLE AND SURVEY EXAMINATION A Within forty-five (45) days after the Effective Date, Purchaser may obtain a title insurance commitment with respect to the County Property ("Title Commitment"). If the Title Commitment reflects that title to the County Property is subject to matters that are not acceptable to Purchaser, Purchaser shall notify Seller of Purchaser's objections to the same in writing by no later than forty-five (45) days after the Effective Date, and the same shall be treated as defect(s) ("Objections") Unless Purchaser timely delivers written notice to Seller of the Objections, Purchaser shall be deemed to accept title to the County Property in its then existing condition. Seller shall, by no later than ten (10) days from and after receipt of the Objections, provide written notice to Purchaser stating whether it will cure (or attempt to cure) the Objections, which decision shall be in Seller's sole and absolute discretion. If Seller elects to cure (or attempt to cure) the Objections, Seller shall have until the expiration of the Due Diligence Period (the "Cure Period"). If Seller does not agree to cure the Objections (or if Seller elects to attempt to cure one or more Objections, but is unable to timely cure the same prior to the expiration of the Cure Period), Purchaser shall have the option of either: (i) proceeding with this transaction in accordance with the terms and provisions hereof and accepting all title matters in their then existing condition; or (ii) terminating this transaction upon notice to Seller prior to the expiration of the Due Diligence Period, whereupon the Initial Deposit shall be returned to Purchaser, and Seller and Purchaser shall be released from any and all further obligations and liabilities arising under or out of this Agreement. Despite the foregoing, Seller shall be required to cure defects in title related to monetary items such as liens or mortgages created by Seller or as a consequence of Seller's ownership of the County Property. Between the Effective Date and Closing, neither party shall encumber their respective property with any lien or other encumbrance that is not expressly permitted or reasonably contemplated by this Agreement or that cannot be satisfied or otherwise discharged by prior to or in conjunction with Closing. B. Within forty-five (45) days after the Effective Date, Purchaser may obtain a boundary survey of the County Property ("Survey"). If Purchaser obtains the Survey, and the Survey correctly shows: (a) an encroachment onto the County Property, (b) that an improvement located on the County Property projects onto lands of others, (c) lack of legal access, or (d) encumbrances or defects, then Purchaser may provide Seller with a copy of the Survey and notify Seller of any such encroachment, encumbrance or defect and the same shall be treated as Objections and are subject to the provisions of Section 9.A, above. If Purchaser has failed to terminate the Agreement prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed to have accepted all survey related matters in their existing condition. 10. PRORATIONS ADJUSTMENTS AND CLOSING COSTS, A The following items shall be prorated and adjusted between Seller and Purchaser as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by Purchaser. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between Seller and Purchaser. All such prorations and adjustment shall be final. B. Purchaser shall pay for all costs associated with this transaction including, but not limited to all the associated costs cf the land swap including zoning and use approvals, engineering, surveying, transfer, documentary taxes, and recording costs for any curative instruments. Purchaser agrees to pay the cost of publication of the legal notice soliciting bids on the Premises. Seller shall pay the costs of recording the conveyance instrument. 11. DEFAULTS AND TERMINATION. If Purchaser defaults hereunder and such default has not been cured within ten (10) days after written notice of such default to Purchaser, then provided Seller is not in default, Seller's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to Purchaser, whereupon the Earnest Money paid to date shall be retained by Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties and said sum was not intended to be a penalty in nature. If Seller defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to Seller, and provided Purchaser is not in default, Purchaser may, at its option: (a) terminate this Agreement, whereupon the Earnest Money shall be returned to Purchaser and neither party shall have any further liability or obligation to the other, 4 (b) enforce this Agreement by a suit for specific performance, or (c) pursue any other remedy available by law or in equity. 12, EXPENSES. Any and all costs and expenses incurred by Seller in connection with this transaction, including, without limitation, associated costs of the land swap including zoning and use approvals recording fees, conveyance fees, public no#ice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by Purchaser. Notwithstanding the foregoing, Seller shall be responsible for Seller's legal fees and expenses. 13. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of Purchaser shall be the sole responsibility of the Purchaser. Purchaser shall indemnify Seller and hold Seller harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Purchaser as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. Notwithstanding the foregoing, Seller represents and warrants that no brokers or realtors have been engaged by Seller with respect to the purchase and/or sale of the County Property or the Estates Shopping Property. This provision shall survive closing of this transaction. 14. CLOSING. Closing shall take place during normal business hours at the offices of the Escrow Agent, 4001 Tamiami Trail North, Suite 300, Naples, Florida, 34103, or such other location as parties may select, within 30 days from the date Purchaser obtains the last of all necessary County, State and Federal approvals. 15. GENERAL PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event. act or default. D. Time is of the essence of this Agreement. In the computation of any period provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. F. Headings of paragraphs are for convenience of reference only and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by Purchaser without the prior express written consent of Seller, which consent may be withheld for any reason whatsoever. Notwithstanding the foregoing, Purchase may elect to take title to the County Property in the name of a trust and/or entity related to Purchase or Robert Crown H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. AS TO SELLER: Collier County Real Property Management Attention: Toni A. Mott 3335 East Tamiami Trail, Naples, Florida 34112 WITH A COPY TO: Collier County Attorney's Office Attention: Jeffrey A. Klatzkow, County Attorney W. Harmon Turner Building, 81' Floor 3335 East Tamiami Trail, Naples, Florida 34112 AS TO PURCHASER: Crown Management Services, LLC Attention Robert Crown 207 Cherry Hill Drive Presto. PA 15142 WITH A COPY TO: Richard D. Yovanovich, Esq. Coleman, Yovanovich & Koester, P A 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 I. This Agreement shall be governed in all respects by the laws of the State of Florida. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable paralegal and attorneys' fees and all out of pocket third party costs incurred in that action or proceeding, including those related to appeals. J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all the parties, and all of which shall be construed together as but a single instrument. K. Possession of the County Property shall be delivered to the Purchaser at Closing. Possession of the Estates Shopping Property shall be delivered to the Seller at Closing. L. The word "Closing", or words of similar import as used in this Agreement. shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein [61 M. This Agreement is between Seller and Purchaser and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by Seiler pursuant to this Agreement. N. All the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by Purchaser. If so recorded by Purchaser, this Agreement shall be deemed ipso facto canceled and terminated: the Earnest Money shall thereupon be retained by or paid to Seller as liquidated damages for such default, and Purchaser shall have no further interest in the County Property, pursuant to this Agreement or otherwise. P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by Purchaser. 16. ESCROW AGENT. Escrow Agent shall not be responsible for any defaults hereunder by any party. In the event of an actual or potential dispute as to the rights of the parties hereto under this Agreement, the Escrow Agent may in its sole discretion, continue to hold the Earnest Money until the parties mutually agree to the release thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit any monies and all instruments held pursuant to this Agreement with the Clerk of Court, Collier County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of an account of any monies theretofore delivered out of escrow. All parties agree that Escrow Agent shall not be liable to any party or person whomsoever for any action taken or omitted by Escrow Agent, including but not limited to any mis-delivery of monies or instruments subject to this escrow, unless such mis- delivery shall be due to willful breach in bad faith of this Agreement or gross negligence on the part of the Escrow Agent. All of the terms and conditions in connection with Escrow Agent's duties and responsibilities and the rights of Seller, Purchaser and any lender or anyone else, are contained in this instrument, and the Escrow Agent is not required to be familiar with the provisions of any other instrument or agreement, and shall not be charged with any responsibility or liability in connection with the observance or non -observance by anyone of the provisions of any other such instrument or agreement. Escrow Agent may rely and shall be protected in acting upon any paper or other document which may be submitted to Escrow Agent in connection with its duties hereunder and which is believed by Escrow Agent to be genuine and to have been signed or presented by the property party or parties and shall have no liability or responsibility with respect to the form, execution or validity thereof. Escrow Agent shall not be required to institute or defend any action or legal process involving any matter referred to herein which in any manner affects it or Escrow Agent's duties or liabilities hereunder unless or until required to do so by the Purchaser or Seller, and then only upon receiving full indemnity in an amount and of such character as Escrow Agent shall require, against any and all claims, liabilities, judgments, attorneys' fees and other expenses of every kind in relation thereto, except in the case of Escrow Agent's own willful misconduct or gross negligence Escrow Agent shall not be bound in any way or affected by any notice of any modification, cancellation, abrogation or rescission of this Agreement, or any fact or circumstance affecting or alleged to affect the 7 rights or liabilities of any other persons, unless Escrow Agent has received written notice satisfactory to Escrow Agent signed by all parties to this Agreement. 17. OTHER PROVISIONS: A. Seller and Purchaser have the right to maintain possession of their respective properties until the date of closing. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATED: Call ��b ATTEST: YSTAE._K_ KINZEL, Qerk 'tjt� Attest. as to Chairman'fep�� c' — signature only. and legality: Jeffrey County BOARD OF TY COMMISSIONERS OF CO�LIE� TY, FLOR�i r C�J �' By. c _ W' tam L. McDaniel, Jr., Chair an AS TO PURCHASER (as to all): 1 DATED: L' P4nt Nan*: il-*All- Witrtessr�nat�e) � . Witness (siatural Print Name, �?,49-I, Iz/- ml 1_ r) ---) c Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Richard D Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 Exhibit "A" County Property All of Tract "A", Golden Gate Estates, Unit 22, according to the plat thereof as recorded in Plat Book 7, Pages 83 and 84 of the Public Records of Collier County, Florida, LESS AND EXCEPT that portion conveyed by Statutory Deed and recorded in O.R. Book 4079, Page 1358. Exhibit "B" Estates Shopping Property I2 TRACT 76 TRACT 105 TRACT 112 i I i TRACT 14l I 1 1 I 1 (OR 260. PG 1157) (OR 4098, PG 3964) 1 I r S 89'40'50" E 1 I (OR 5315. PG 2423) 480.00' I K' I I (OR 5197, PG 3325) I r i yyg (OR 5197. PG 3327) (DR 5197, PG 3351) CCC 1 I 1 i I I I I I I I 1 I I I I 1 I I I 1 1 I 01 OY I ; I I I I I I I 1 1 I I 1 TRACT Im rwtT lop TRACT Ipy Ilp I I I TRACT IIJ r I I 3I I 1 W OI 1 I O I I Z ___—__ I _J � RGAIr�.Y L___L___ _______ ___ 8_—__ _--____ _POB I IED' ROADWAY L_______. S 811`4001 a I T 84000 N 89*40'50' POC:'�� OOL DEN ---- ---------- TE BLVD ----- 480 --- 00' --- --- ___� TRACT 87 I TRAGi pp T9ICT B9 TRACT I. Tft Cl 123 I I i TRACT 124 GOLDEN GATE ESTATES UNIT N0. 12 (PB 4, PG 105) DRAIM4 BY: KAG CHECKEDBV: ma Q. Grady 311nor and Associates. P A. CODE 0 JOB 0 Civil Engineers Land Surveyors . Planners . Bonita Springs, Florida 34134 Landscape Architects SCALE 1'. MW DATE. 5A0008T2019 FILE. 1941H-s -1 Cert, of Aui6. EB 0005151 Cert of Au1H. LB 0005151 Bonita S rin : 239.947. 1144 www. Cred M/oor.com Burl— LC 26000266 Fort Myers: 239.690.4380 SHEETS i ar I PROPERTY DESCRIPTION A PARCEL OF LAND BEING ALL OF TRACT 110 AND A PORTION OF TRACTS 109 AND Ill. GOLDEN GATE ESTATES UNIT NO. 11. AS RECORDED IN PLAT BOOK 4, PAGES 103 AND 104. OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT ME SOUTHWEST CORNER OF TRACT 107, GOLDEN GATE ESTATES UNIT NO. 11. AS RECORDED IN PUT BOON 4, PAGES 103 AND 104. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID PUT SOUTH 89'4O'50' EAST, 840.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH OOI9'10' EAST, A DISTANCE OF 93SOO FEET; THENCE SOUTH 89'40'50' EAST, A DISTANCE OF 4BO.00 FEET TO THE EAST LINE OF TRACT 111, P OF SAID UT; THENCE ALONG THE EAST LINE OF SAID TRACT 111 AND TRACT 110, SOUTH 0719'10' WEST, A DISTANCE OF 935.00 FEET TO A POINT ON THE AFOREMENTNINED SOUTH LINE OF SLID PUT; THENCE ALONG SAID SOUTH LINE, NORTH 89'40'50' WEST, A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING. CONTAINING 10.30 ACRES, MORE OR LESS NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH LINE OF GOLDEN GATE ESTATES UNIT NO. 11. AS RECORDED IN PUT BOOK 4, PAGES 103 AND 104, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AS BEING N 89140'50' W. 2, DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DECIMALS THEREOF. 3. THIS SKETCH AND DESCRIPTION IS WI VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER, NO ADDITIONS OR DELETIONS TO THIS SKETCH h DESCRIPTION MAP ARE PERMITTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE SIGNING PARTY. LEGEND: POC PONT OF COUENCEAEM I'm POINT OF BEGI NNG OR OFFICIAL RECORDS BOO( PB PUT BOOK PG PAGES) 0 100' 200' 400' -N- SCALE: 1" = 200' THIS PUN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS SKETCH AND DESCRIPTION ESTATES SHOPPING CENTER COLLIER COUNTY PARCEL LYING IN SECTION 4, TOWNSHIP 49 SOUTH, RANGE 27 EAST COLLIER COUNTY, FLORIDA PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIRST AMENDMENT TO REAL ESTATE SALES AGREEMENT This First Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of December M, 2019, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019 (the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to January 31, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4. Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. 0 IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: 92019 ATTEST: CRYSTAL :a KILL Clerk " De*t' c Si lerk hest as to Choi , , sCr'onl ,� Approved as to form and legality: JeAar B. Belp o (}� Asst. County Attorn c; SELLER: BOARD OF C COMMISSIONERS OF COLC Y, FL DA By: c W f iam. L. McDaniel, Jr., Chairman 2 0 AS TO PURCHASER (as to all): DATED: ICI Witness (Signature) Print Name: i 2t.n na(X,A'ntan 1114 Witness (Si3 Print Name: ,/j/6k-6&1q�- IWO ,`� Q-7 Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 ate• Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 3 0 PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 SECOND AMENDMENT TO REAL ESTATE SALES AGREEMENT This Second Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of January clg*,1020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"}, and RICHARD D. VOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019 (the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to March 31, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4. Counte arts• Facsimile-, Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: Januarys?, 2020 ATTEST; CRYSTAL K.., KINZEL, Clerk � 1 Pep Attest to Chairma le Approved as to form and legality: '�� 0, R ar.?__ Jenni er B. Belpedi . Asst. County Attorney SELLER: BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTY, FL IDA By: Burt L. Saunders, Chairman 00�1 AS TO PURCHASER (as to all): DATED: January Y , 2020 ame: Witness`M-ij Print Name: 305 Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1. 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich. as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich. as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1. 2005 (a PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 THIRD AMENDMENT TO REAL ESTATE SALES AGREEMENT This Third Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of March 24, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24. 2019, as first amended on December 10, 2019 and as further amended on January 28, 2020 (the "Agreement"), relating to the purchase and sale of a 47 -+-/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein- C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOVb', THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: I . Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to May 29, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4. Counte arts Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof. it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature 5010 -3j.y fao signature transmitted by facsimile or e-mail (in pdf or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: March ti; 2020 ATTEST; CI,,YSTA,,y lL, Clerk Approved as to6fbrhl� and legality: 0 Jenni er B. Belpe �� IQ1X0� Asst. County Atto 3� SELLER: BOARD OF COUNTY COMMISSIONERS OF COLLIER OUNTY, FLO IDA By: Burt L. Saunders, Chairman 2 11b°za �,o AS TO PURCHASER (as to all): DATED: March q+''`, 2020 1 ojJ a A-A.Q � t�1 f.L nk2A 111 n 2 Witness (Signature) Print N i I (CI Witness (Signature - Print Name: h ! Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 -�'L, -,-, - ---� Richard D. Yovanovich, as Successor Trustee of Land Trust 850,028 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FOURTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fourth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of May 26, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019, as second amended on January 28, 2020 and as further amended on March 24, 2020 (the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to June 30, 2020. 2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4. Counterparts; Facsimile, Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any 0 signature transmitted by facsimile or e-mail (in pdf: or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: May 4, 2020 / R, CRY "K EL, Clerk r %r erk Approved as to form and legality: '�Aa Q � 0 Jenni er B. Belpedi Q-, 1�p� Asst. County Atto'I 'Q-'"` ��6 SELLER: BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTY, FL IDA i By; Burt L. Saunders, Chairman 2 ov AS TO PURCHASER (as to all): DATED: May � 2020 Wit ss ( ignature) Pri t N Ll., a l l r..►.)U , ntCLn- I IGL. Witness (SignaUk e) ' Print Name: Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D, Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 3 PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 FIFTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Fifth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of June 23, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019, as second amended on January 28, 2020 and third amended on March 24, 2020 and as further amended on May 26, 2020 (collectively, the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: l . Due Diligence Period. Purchaser's Due Diligence Period (as defined in Section 7 of the Agreement) is hereby extended to September 30. 2020. 2. Second Deposit. Purchaser's Second Deposit shall be due prior to the end of the Due Diligence Period as extended hereby. 3. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 4. Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: June 23, 2020 ATTEST: CRYSTAL K.' KIt1ZEL,` Clerk aft + r r signals Approved as to foffnn-and legality: a0 Jen#er B. Belpe4l Asst. County Attorney U SELLER: BOARD OF COUNTY COMMISSIONERS OF COLLIE OUNTY, FL IDA By: Burt L. Saunders, Chairman AS TO PURCHASER (as to all): DATED: June 9 2020 Witnes (Signature) Print Name: Tbrv% C+k rrn f L.tYr Witness (Signat ) Print Name: 3'� rJN ► B�L�(7 Richard D. Yovanovich, as Ruftessor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land 'Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 J Richard D. Yova ovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 PROJECT: RANDALL CURVE PROPERTY FOLIO NO.: 37690040003 SIXTH AMENDMENT TO REAL ESTATE SALES AGREEMENT This Sixth Amendment to Real Estate Sales Agreement (this "Amendment") is made and entered into effective as of July 14, 2020, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ("Seller"), and RICHARD D. YOVANOVICH, SUCCESSOR TRUSTEE (AND NOT INDIVIDUALLY) ("Purchaser"). RECITALS: A. Seller and Purchaser have entered into that certain Real Estate Sales Agreement dated September 24, 2019, as first amended on December 10, 2019, as second amended on January 28, 2020 and third amended on March 24, 2020 and fourth amended on May 26, 2020 and as further amended on June 23, 2020 (collectively, the "Agreement"), relating to the purchase and sale of a 47 +/- acre parcel commonly known as the Randall Curve Property and legally described on Exhibit "A" attached to the Agreement. B. Seller and Purchaser hereby further amend the Agreement as more particularly provided for herein. C. Capitalized terms used but not defined in this Amendment shall have the same meaning ascribed to such capitalized terms in the Agreement. AGREEMENT: NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Purchaser hereby agree the Agreement is amended as follows: 1. County Property. The parties agree to increase the size of the County Property to 50.18 acres, more or less. Exhibit "A" attached to the Agreement is hereby deleted in its entirety and replaced with a new Exhibit "A" attached to this Amendment. 2. Purchase Price. The Purchase Price is changed to $3,828,000.00. 3. Closing Contingencies. As conditions of Closing, on or before the Closing Date, Seller shall ("Closing Contingencies"): a. Execute a release of the use restrictions and right of reverter (in recordable form acceptable to Purchaser) contained in deeds recorded in O.R. Book 3930, Page 356 and O.R. Book 4079, Page 1356, both in the Public Records of Collier County, Florida; b. Provide the necessary affidavits, lien waivers and estoppel letters to allow the title/closing agent to delete Schedule B-II exceptions 1, 2, 4, 5 and 6 as shown in Purchaser's title commitment prepared by First American Title Insurance Company Revision Number 4 dated January 13, 2020 ("Title Commitment"); and 9 c. Provide the deeds and affidavits required in the forms described in Schedule B-I items #4(a) and 4(b) as shown in the Title Commitment. If Seller is unable to satisfy all of the Closing Contingencies by the Closing Date, Buyer may either: (a) waive the Closing Contingencies, in writing, and proceed to Closing, or (b) terminate the Agreement by providing written notice to Seller on or before the Closing Date, in which event all deposits shall be returned to Buyer without further action of the parties and the parties shall have no further rights or obligations under the Agreement. 4. Storm Water Management., If, after Closing, Purchaser elects to modify Pond #9, the following terms and conditions shall be applicable: Pond # 9 located at the intersection of Immokalee Road and Randall Boulevard provides treatment and attenuation for a segment of Immokalee Road. Based on the approved permit, the pond currently provides 1.10 acre feet of water quality and 5.42 acre feet of total treatment/attenuation. The discharge pipe for Pond # 9 discharges to the west to the Corkscrew Canal by means of a 42' RCP Pipe. The Florida Department of Transportation (FDOT) is in the process of completing the project development and environment (PD&E) study for the Immokalee Road/Randall Boulevard intersection improvements. Long term plans anticipate a flyover at this intersection. Based on the future improvements, additional water quality and storage requirements would be necessary for Pond # 9. Assuming the proposed pond site on Randall Boulevard as shown in the FDOT PD&E study are still acceptable, the County will require that the water quality of Pond # 9 be increased to 2.0 acre feet (net increase of 0.90 acre feet) and the treatment attenuation be increased to 6.0 Acre Feet (net increase of 0.58 acre feet) for future use by the County for the Randall Boulevard projects. With the acquisition of Parcel 2, as described in Exhibit A attached hereto ("Parcel 2"), Purchaser shall: A. Grant the County a drainage easement and lake maintenance easement, free and clear of all liens and encumbrances and without responsibility for Parcel 2. Purchaser shall provide at no cost to the County an attorney's opinion of title, and Purchaser shall be responsible at all costs for promptly removing or curing any liens, encumbrances or deficiencies revealed in any title work, except those existing as of the time Purchaser acquires Parcel 2 from the County. Purchaser will provide the County Attorney's Office with an executed easement (including sketches and legal descriptions signed and sealed by a Florida Licensed Surveyor), suitable for recording. Upon receipt, the County shall record the easement in the Public Records of the County. Purchaser shall pay all costs associated with the recordation of the easement. This easement must allow the County the ability to modify the entire area of Parcel 2 (conversion to a wet pond) to accommodate future stormwater needs for the transportation network. Should the Purchaser modify the drainage and lake maintenance easement as identified in Paragraph F below to increase the water quality and attenuation, the drainage and lake maintenance easement will be amended to encompass the newly configured pond site, access berm and access from the public road to said pond area. The parties agree to execute an amendment to the easement, which shall be recorded in the Public Records of the County. B. The Purchaser shall be obligated to maintain the stormwater management system, which includes stormwater ponds, control structures, drainage structures, and pipe conveyance system in perpetuity at its sole cost and expense. Should the Purchaser fail to maintain the Stormwater 2 Management System, the County may provide notice to the Purchaser in writing, specifying the nature of the deficiency. Within five working days following receipt of such notice, the Purchaser at its sole cost shall cause the appropriate repairs or cure to be effected. In the event damage to, or failure to maintain the Stormwater Management System results in a situation where public safety is at risk, (1) Purchaser shall effect repairs within twenty-four hours of receipt of the County's written notice, or (2) County may, at its option, effect repairs to the improvements, without the need for prior notice to the Purchaser, and will promptly bill the Purchaser for all actual costs incurred in effecting the repairs. Purchaser shall reimburse the County for such costs within thirty days of receipt of the County's bill. County shall be granted access to the stormwater system connected to the roadway at all times. C. Five years after the acquisition and every five years thereafter, Purchaser shall perform an inspection by a certified engineer to assess the condition of the stormwater system. The inspection report shall be forwarded to the County for monitoring. Purchaser and its successors in interest, including any homeowner associations, will be solely responsible for the perpetual operation and maintenance of the shared stormwater management system. Notwithstanding the sole maintenance responsibility, the parties acknowledge that due to the importance of the drainage from roadway projects, the drainage easement will include a maintenance easement to allow Collier County to do whatever it deems necessary to repair or maintain the drainage system. If, after reasonable written notice to the Purchaser of a repair or maintenance issue concerting the shared stormwater management system goes unheeded, the County may enter the development for the purpose of repairing or maintaining the system, and the Purchaser will pay the County its full cost incurred in conducting such repair and maintenance. D. Purchaser, on behalf of itself, it successors and assigns (including any and all future owners and tenants, both commercial or residential, within the development), hereby (1) waives any and all claims for compensation and damages, including but not limited to future business damages and loss of access, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, both residential and commercial, who purchase or lease land from the Purchaser a separate written notice of the planned flyover with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. E. Acquisition of Parcel 2 does not guarantee nor prohibit the development access to 4th Street NE. Should the Purchaser modify Parcel 2, they shall be required to adhere to all of the aforementioned items as well as those noted below: F. Increase the water quality to 2.0 acre feet, a net increase of 0.90 acre feet from the current permitted allowance and the treatment attenuation to 6.0 acre feet, a net increase of 0.58 acre feet from the currently permitted Pond # 9. G. County and Purchaser agree that the County's stormwater system and Purchaser's storm water system will not be commingled and the development site will adhere to the discharge rate set forth in Policy 6.3 of the Stormwater Management Sub Element of the Public Facilities Element of the Growth Management Plan. Purchaser may connect to County outfall facilities downstream of control structures and upstream of the Immokalee Road Canal if Purchaser's calculated discharge flows and designed outfall connection do not cause negative impacts or otherwise impede County outfall to the Corkscrew Canal. The terms of this Paragraph 4 shall apply to Purchaser's successors and assigns and survive the Closing Date. 5. Chloramine Booster Station. Within ninety (90) days after the Closing Date, Seller shall, at Seller's cost and expense, remove the chloramine booster station located in the southern corner of the County Property. 6. Ratification and Confirmation. Except as provided herein, all terms and provisions of the Agreement and the rights of the parties thereunder shall remain unchanged and in full force and effect. The Agreement as modified and amended hereby is hereby ratified and confirmed in all respects. In the event of a conflict between the terms of the Agreement and the terms hereof, the rights and obligations of the parties hereto shall be governed by the terms of this Amendment. 7. Counterparts; Facsimile; Email. This Amendment may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in seeking proof hereof, it shall only be necessary to produce one such counterpart. For purposes of this Amendment, any signature transmitted by facsimile or e-mail (in pdf. or comparable format) has the same legal and binding effect as any original signature. IN WITNESS WHEREOF, this Amendment is executed by Seller and Purchaser to be effective as of the date first above written. DATED: July 14, 2020 ATTEST: CRYSTAL'- KINZE , Clerk Approved as to form and legality: Tz 0 Je er B. Belpedio, a0� Asst. County Attorney SELLER: BOARD OF COUNTY COMMISSIONERS OF COL COU TY, ORIDA By. Burt L. Saunders, Chairman G AS TO PURCHASER (as to all): DATED: June 30, 2020 Witness (Signature) Print Name: Richard D. Yovanovich, as Successor Trustee under Land Trust Agreement Dated June 10, 2009 known as Trust Number 850.045 Richard D. Yovanovich, as Successor Trustee of Land Trust 850.028 under Land Trust Agreement dated December 1, 2005 Richard D. Yovanovich, as Successor Trustee of the Golden Gate Boulevard West Trust : Richard D. Yovanovich, as Successor Trustee of Land Trust 850.024 under Land Trust Agreement dated December 1, 2005 Mz� Richard D. Yovanovich, as Successor Trustee of Land Trust 850.031 under Land Trust Agreement dated December 1, 2005 Exhibit "A" Page 1 of 2 County Property PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46°58'49", (CHORD BEARING SOUTH 24°49'44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00-29'58" WEST, A DISTANCE OF 361.77 FEET; 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89-59,48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10-56'31", (CHORD BEARING SOUTH 53°47'24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00'29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. 7 �O Exhibit "A" Page 2 of 2 a q e .9 e gg�C ae i 56,,� @Y h l t SyYBg� ��BY� r° gld�r A. R"I a ag 131gC y 0eik Moo rd6�r5g088•r�0r r �5@ �gra` eO���R r �1000000000000 000000ilioio 066609000900 MEMO 000000000000 010100101011 G 1 'r ,per / M / r/ „� II ■ li i / • ii'O II f 1 ------------ J i \ a 15 gg A A dHUM-.�4 0 �ry?gp�9� r Win 0iaa�¢ in IN 13i881111 A iaea ° Sim5�8aAEQaAWaG�ee It it' ?"H@m911 ai.A,!lYa,Ra�°rasa df 6ge`` ya pcm{!A Ya �j W P�..... ..a ... �f9 R' Elam.III ER MINE.... bO/O Co lle' r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 IROPFRTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Collier County, a political subdivision of the State of Florida 100% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N.A. Created 9/28/2017 Page 1 of 3 CO eY County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 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, includingthe officers, stockholders, beneficiaries, or partners: Name and % of Ownership Richard D. Yovanovich as Successor Trustee of Land Trust 850.024 100% under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 Richard D. Yovanovich as Successor Trustee of Land Trust 850.031 100% under Land Trust Agreement dated December 1, 2005 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 Richard D. Yovanovich as Successor Trustee under Land Trust 100% Agreement Dated June 10, 2009 known as Trust Number 850.045 Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 Richard D. Yovanovich as Successor Trustee of the Golden Gate 100% Boulevard West Trust Robert A and Barbara A Crown, c/o Crown Management Services, 207 Cherry Hill Drive, Presto, PA 15142-1087 Date of Contract: September 24, 2019 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. g. Date subject property acquired 07/28/2006 Created 9/28/2017 Page 2 of 3 Co lle' r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 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 publichearing. 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 D. Wayne Arnold, AICP Agent/Owner Name (please print) May 14, 2020 Date Created 9/28/2017 Page 3 of 3 -ih�r Co County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.coiliergov.net {239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I.D. Numbers 37690040003 and 37690040100 41h Street N.E. and Immokalee Road (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 Mixed -use planned unit development ( MPUD) zoning. We hereby designate Coleman. Yovanovich & Koester, P.A. legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions. S. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. Signed: By: ba end ✓1 s GTAA as­-b;,VC—"pi. rtLCt l ll t of/for Collier County STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ephysical presence or ❑online notarization this day of161 rJu(.0 2020, by rinted name of owner or qualifier)_ Such person(s) Notary Public must check applicable box: tovh s Gr4A+` E[Are personally known to me ❑ Has produced a current driver's license ❑ Has produced as identification. ,. 0W .79". SONJASTEPHENSON =r *: MYCOMI MION # GG 945648 Notary Signature: -- �' EXPIRES: January 25,2424 i BMW i'InJ Notary Public ur4worgm March 4, 2020 Page 8 of 11 Petition Number PL20190002356 Exhibit A PARCEL 1 A PORTION OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATTHE NORTHWEST CORNER OF TRACT "A" GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH LINE OF SAID TRACT "A", NORTH 89°30'02" EAST, A DISTANCE OF 1,366.01 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1361, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE ALONG SAID BOUNDARY, SOUTHWESTERLY 2,258.82 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 46-58-49", (CHORD BEARING SOUTH 24-49-44" WEST, A DISTANCE OF 2,196.07 FEET) TO A POINT ON THE BOUNDARY OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) NORTH 00°29'58" WEST, A DISTANCE OF 361.77 FEET, 2) THENCE NORTH 89°59'48" WEST, A DISTANCE OF 426.54 FEET TO A POINT ON THE WEST BOUNDARY OF THE AFOREMENTIONED TRACT "A"; THENCE ALONG SAID BOUNDARY, NORTH 00°29'58" WEST, A DISTANCE OF 1,619.45 FEET TO THE POINT OF BEGINNING. CONTAINING 45.02 ACRES, MORE OR LESS. PARCEL 2 BEING A PORTION PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358 AND LYING WITHIN TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, BOTH OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT "A", GOLDEN GATE ESTATES, UNIT 22, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGES 83 AND 84, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID TRACT "A", SOUTH 00°29'58" EAST, A DISTANCE OF 1,619.45 FEET TO A POINT ON THE BOUNDARY OF PARCEL 179 AS DESCRIBED IN OFFICIAL RECORDS BOOK 4079, PAGE 1358, OF SAID PUBLIC RECORDS AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE ALONG SAID BOUNDARY FOR THE FOLLOWING TWO (2) COURSES AND DISTANCES, 1) SOUTH 89-59'48" EAST, A DISTANCE OF 426.54 FEET; 2) THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 361.77 FEET TO A POINT ON A NON TANGENTIAL CURVE TO THE RIGHT; THENCE SOUTHWESTERLY 526.09 FEET ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,754.79 FEET, A CENTRAL ANGLE OF 10-56-31", (CHORD BEARING SOUTH 53°47`24" WEST, A DISTANCE OF 525.29 FEET) TO A POINT ON THE AFOREMENTIONED BOUNDARY OF SAID PARCEL 179, THE SAME BEING THE WEST LINE OF SAID TRACT "A"; THENCE ALONG SAID BOUNDARY AND SAID WEST LINE, NORTH 00°29'58" WEST, A DISTANCE OF 672.12 FEET TO THE POINT OF BEGINNING. CONTAINING 5.16 ACRES, MORE OR LESS. TOTAL CONTAINING 50.18 ACRES, MORE OR LESS. April z1, 2020 M GradyMinor ffi PUDZCovenont of Unified Control {Coer CntyJ l'MI Kn4dwers • Land Sunnom •Planners • landscape 1r[-h1ircli; Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminar.com Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ADDRESSING CHECKLIST 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Please complete the following and email to GMD_Addressing@colliergov.net or fax to the Operations Division at 239-252-5724 or submit in person to the Addressing Section at the above address. Form must be si , n�Y Addressing personnel prior to pre -application meeting, please allow 3 days for processing. Not all items will apply to every project. Items in bold type are required. FOLIO NUMBERS MUST BE PROVIDED. Forms older than 6 months will require additional review and approval by the Addressing Section. PETITION TYPE (Indicate type below, complete a separate Addressing Checklist for each Petition type) ❑ BL (Blasting Permit) ❑ SDP (Site Development Plan) ❑ BD (Boat Dock Extension) ❑ SDPA (SDP Amendment) ❑ Carnival/Circus Permit ❑ SDPI (Insubstantial Change to SDP) ❑ CU (Conditional Use) ❑ SIP (Site Improvement Plan) ❑ EXP (Excavation Permit) ❑ SIPI (Insubstantial Change to SIP) ❑ FP (Final Plat ❑ SNR (Street Name Change) ❑ LLA (Lot Line Adjustment) ❑ SNC (Street Name Change — Unplatted) ❑ PNC (Project Name Change) ❑ TDR (Transfer of Development Rights) ❑ PPL (Plans & Plat Review) ❑ VA (Variance) ❑ PSP (Preliminary Subdivision Plat) ❑ VRP (Vegetation Removal Permit) ❑ PUD Rezone ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ RZ (Standard Rezone) Fol OTHER PUDZ LEGAL DESCRIPTION of subject property or properties (copy of lengthy description may be attached) S22, T48, R27 See attached FOLIO (Property ID) NUMBER(s) of above (attach to, or associate with, legal description if more than one) 37690040003 and 37690040100 STREET ADDRESS or ADDRESSES (as applicable, if already assigned) 2470 4th St N.E. • LOCATION MAP must be attached showing exact location of project/site in relation to nearest public road right- of-way • SURVEY (copy -needed only for unplatted properties) CURRENT PROJECT NAME (if applicable) N.A. PROPOSED PROJECT NAME (if applicable) Randall Curve MPUD (Not approved at this time.) PROPOSED STREET NAMES (if applicable) SITE DEVELOPMENT PLAN NUMBER (for existing projects/sites only) SDP - or AR or PL # PL20190002355 & PL20190002356 GMP" PUDR� Rev. 6/9/2017 Page 1 of 2 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-5724 Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Randall Curve MPUD Please Return Approved Checklist By: 0 Email ❑ Fax ❑ Personally picked up Applicant Name: Q. Grady Minor & Associates, P.A. Phone: 239-947-1144 Email/Fax: sumpenhour@gradyminor.com Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is subject to further review by the Operations Division. FOR STAFF USE ONLY Folio Number 37690040003 Folio Number 37690040100 Folio Number Folio Number Folio Number Folio Number Approved by:2 /��Date: 05/08/2020 Updated by: Date: IF OLDER THAN 6 MONTHS, FORM MUST BE UPDATED OR NEW FORM SUBMITTED Rev. 6/9/2017 Page 2 of 2 Collier County Property Appraiser Property Summary Site Parcel No 37690040003 Address Site City *Disclaimer, Name / Address COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 Site Zone *Note Citv I NAPLES I State I FL I Zia 134112 1 Map No. Strap No. Section Township Range Acres *Estimated 3C22 1 332500 A 13C22 22 48 27 47.57 Legal GOLDEN GATE EST UNIT 22 TRACT A, LESS THAT PORTION OF TRACT "A" AS DESC IN OR 3080 PG 723, AS AMENDED IN OR 4079 PG 1358 Millage Area O 1285 Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 Use Code a 1 86 - COUNTIES INCLUDING N MUNICIPAL GOV. Latest Sales History Not all Sales are listed due to Confidentiality) Date Book -Page Amount 07/28/06 4079-1356 $ 0 11/16/05 3930-356 $ 0 06/30/88 1361-2019 $ 0 Milla a Rates @ *Calculations School Other Total 5.083 8.5571 13.6401 2019 Preliminary Tax Roll (Subject to Change) +� (_) Land Value Improved Value Market Value $ 2,854,200 $ 0 $ 2,854,200 (-) 10% Cap $ 2,356,989 (_) Assessed Value $ 497,211 (_) School Taxable Value $ 0 (_) Taxable Value $ 0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Summary Site 2470 4TH Parcel No 37690040100 Address ST NE Site City NAPLES *Disclaimer Name / Add COLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES Site Zone 34120 *Note State FL Zip 34112 Map No. Strap Now Section Township Range Acres *Estimated 3C22 332500 A 23C22 1 22 48 27 1 9.9 GOLDEN GATE EST UNIT 22 THAT PORTION OF TRACT "A" AS DESC IN OR 3080 Legal PG 723, AS CORRECTED IN OR 4079 PG 1358 AND THAT PORTION OF TRACT A AS DESC IN OR 4079 PG 1361 Millage Area O 285 Millage Rates 0 *Calculations Sub./Condo 332500 - GOLDEN GATE EST UNIT 22 School Other Total Use Code 0 86 - COUNTIES INCLUDING N 5.083 8.5571 13.6401 ,MUNICIPAL GOV. Latest Sales History 2019 Certified Tax Roll Not all Sales are listed due to Confidentiality) Sub'ect to Change) ate ook-Pa a moul Land Value $ 253,080 07/28/06 1 4079-1358 1 $ 0 (+) Improved Value $ 21,052 07/26/02 1 3080-723 $ 161,700 (_) Market Value $ 274,132 (-) 10% Cap $ 33,380 (_) Assessed Value $ 240,752 (_) School Taxable Value $ 0 (_) Taxable Value $ 0 If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Aerial Site Parcel No 37690040003 I Address Site City *Disclaimer Open GIS in a New Window with More Features. Site Zone *Note Collier County Property Appraiser Property Aerial Site 2470 4TH Site Zone Parcel No 37690040100 Address ST NE Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. CORRECTIVE STATUTORY DEED THIS IS A CORRECTIVE STATUTORY DEED TO CORRECT DEED PREVIOUSLY RECORDED IN O.R. BOOK 3930, PAGE 0356 WHICH CONTAINED A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION THIS DEED made this day of 2006, by COLLIER COUNTY , A POLITICAL SUBDIVISION OF1 THE ISTATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF COLLIER COUNTY, having a mailing address of 3300 Santa Barbara Boulevard, Naples, Florida 34116 , hereinafter called the 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.) W ITN E '� � � SSETH: That th¢ Gram Dollars ($10.00) and othe,6dabl acknowledged, hereby grants, bargain confirms unto the Grantee,'alfjhait-ice All of Tract "A", Golden Gate Estates, Unit 22, in Plat Book 7, Pages 83 and 8$­Public AND EXCEPT that portion conveyed by"5f€ 3080, Page 0722 ,ideration of the sum of Ten ',receipt whereof is hereby noises, releases, conveys and *lien County, Florida, to wit: 3 to the plat thereof as recorded F'Collier County, Florida, LESS J and recorded in O.R. Book Subject to easements, restrictions, and reservations of record. WITNESSETH that Grantee agrees and warrants that the Lands shall be utilized solely by the Grantee for the primary purpose of providing a neighborhood park in Golden Gate Estates. Grantor agrees to, and acknowledges that the Grantee may exchange these Lands for other like property or properties where said exchange of land will allow the Grantee to assemble other properties that may be better suited and physically located for the development of a park facility within the Orange Tree area and this exchange of Land will meet the primary purpose of providing a neighborhood park. Grantee and any subsequent owners created by virtue of an exchange of said Lands shall be required to submit all plans to the Golden Gate Estates Land Trust Committee ("Committee") for approval of the proposed development of the Lands to ensure that the proposed development is complementary and esthetically pleasing to the immediate surrounding Orange Tree community. In the event the Lands cease to be utilized by the grantee in accordance with the aforementioned restrictions and limitations, said Lands shall automatically revert back to Grantor. 3878085 OR: 4079 PG: 1356 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/28/2006 at 09:38AN DAIGHT E. BROCI, CLERK RIC FEE 18.50 COPIES 2.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR KIT 7240 *** OR: 4079 PG: 1357 *** IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: - DWIC,Ffi'f.;E�;, OCK, Clerk test as .to Cha t r wa s 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman Approve as to form and legal sufficiency By: Ellen T. Chadwell, Assistant County Attorney CORRECTIVE STATUTORY DEED THIS IS A CORRECTIVE STATUTORY DEED TO CORRECT THAT CERTAIN DEED PREVIOUSLY RECORDED IN O.R. BOOK 3080, PAGE 0723 WHICH CONTAINED A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION THIS DEED made this ZL5k day of J 2006, by COLLIER COUNTY , A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the Grantor, to COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, having a mailing address of 3301 East Tamiami Trail, Naples, Florida 34112 , hereinafter called the 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, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants`" ggins, sells, ali6i*, emises, releases, conveys and confirms unto the Grantee, 1 tfcertain land situate in, Collier County, Florida, to wit: See attached Subject to by reference. of record. WITNESSETH that Gra'ti 6'e I rees and warm `that the Lands shall be utilized for the purpose of road right=w and sto[�'`'Water retention required for the Immokalee Road improvements..- IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST' :.•.c. `°,..: _` DWIGHT E. BROi✓K, Clerk aaRais- to nm >I t 104tnre on I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Frank Halas, Chairman Approvej as to form and legal sufficiency By: 1 Ellen T. Chadwell, Assistant County Attorney 878086 OR: 4079 PG: 1358 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 07/28/2006 at 09:38AN DNIGHT I. BROCK, CLERK RIC FBI 27.00 COPIES 3.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E%T 7240 -- OR: 4079 PG: 1359 I�I III � III 4' � �' L' S 89.40 50" E 1431.09'• I N II III I r i I I IM f I 17 i IIIM I cr l� / % NOT TO SCALE 0 Illo Z� I I I IZ i I o� ULj W W L2 f / J P.O.B. RAN A L 1BOULEYARD —--_---- _ ATT SM. (FOR THE FIRM) 34 " NOT VALID NATHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER EXHIBIT 9 of Y REV 1) REVISED CURVES, DISTANCES AND ACREAGE TMO 1/06 EOIC CCU= COUNTY TRANSPORTATION Si3R91CBS This is NOT a Survey. SIMTCH & DESCRIPTION OF �� ..ar•• = SECTION 23, TOWNSHIP 48 S., RANGE 27 E., COLLIER COUNTY FLORIDA >r�rY#.rY�IWNM•Iw #YO/•ti #f0•M•Yi1 �� TASK CODE: DRAWN BY: CHKED BY: CAD FLE: PROJECT NO: SHEET 6CUMNG INDEX ND: REV TYO DJR IR-L-179 04014-001-000 1 OF 2 iR-L-179 LINE TABLE IN ✓ LENGTH BEARING L ' 761.88 N00'19'10" 426.54 9'10'40" 3 381.66 500'79'10"W 50.10 S89'40'S " CURVE TABLE CURVE RADIUS DELTA ARC LENGTH CHORD BEARING CHORD -Cl 2769.79 47'1 '4 2284.69 N 46'4 2220.47 C2• 2814.93 2905.55 1'1 7"W 2778.27 Jon V4, 2006 - I0:39:46 T0SB0RNEIX:\SUR\0401 4\Parcel 179.tlwq *** OR: 4079 PG: 1360 *** Description: A portion of Tract "A", Golden Gate Estates, Unit 22, according to the plot thereof as recorded in Plot Book 7, Page 84, Collier County, Florida, being more particularly described as follows: Beginning at the Southwesterly Corner of said Tract "A"; thence North 00'19'10" East, along the westerly boundary of said Tract "A", which is also the centerline of 4th Street N.E., for a distance of 761.88 feet; thence South 89'10'40" East, for a distance of 426.54 feet; thence South 00'19'10" West, a distance of 381.66 feet, to a point on a circular curve, concave Northwesterly, whose radius point bears North 40'35'28" West, a distance of 2,769.79 feet therefrom; thence run Northeasterly, along the arc of said curve to the left, having a radius of 2,769.79 feet, through a central angle of 47'15'40 subtended by a chord of 2,220.47 feet at a bearing of North 25'46'42" East, for an arc length of 2,284.69 feet to the end of said curve, and a point on the Northerly Boundary of said Tract "A"; thence South 89'40'50" East, along the Northerly Boundary of said Tract "A", for a distance of 50.10 feet to a point on a circular curve, concave Northwesterly, whose radius point bears North 88'14'45" West, o distance of 2,814.93 feet therefrom; thence run Southwesterly, along the arc of said curve to the right, having a radius of 2,814.93 feet, through o central angle of 59'08'25 subtended by a chord of 2,778.27 feet at a bearing of South 31'19'27" West, for on arc length of 2,905.55 feet, to the POINT OF BEGINNING; Containing 9.1208 acres, more or less. co Notes: 1. This is not a survey. 1 2. Basis of bearing is plo� .m 3. Subject to easements, votions and restrictions oF„ � record. 4. Not valid without Sheet 1 - depicting Sketch f . Description and bearing the originOIL, 'gnoture an embossed seal of a Florida registered" 5urye Peer. 5. All dimensions ore plat unless otherwise noted 6. • Note should be taken that on the plat of Golden Gate Estates, Unit 22, a 30' deficiency occurs in the block containing Tracts 110-125, and Tract "A", and a 30' overage occurs in the block containing 78-109, and this is reflected in the calculations concerning this parcel. 7. This is a revision of a sketch & description created by Wilkison & Associates which merged with Wilson Miller effective 7-1-02 EXHIBIT REV 1) REVISED CURVES. DISTANCES AND ACREAGE TMO 1/06 This is NOT a Survey. ........... .. rwo,.., ,w,� yr SECTION 23, TOWNSHIP 48 S., RANGE 27 E., CA.&* COLLIER COUNTY FLORIDA a•rrrrs.r„rur>r�. �,,. eras. w, soar,. w �� TASK CODE: DRAWN BY: CNKEO BY: CAD FILE: PROJECT NO: SNEET DRAWING INDEx N0: REy� TWO DJH 1R-L-in 04014-001-000 2 of 2 IR-L-179 don U4. ZW6 - 10:41:51 TOSB0RNE1x:\SUR\0401 ♦\Parcel 179.d.g AV w l00'� SCALE: ]' ----------------------- --" 9'\\ 141, PROPERTY DESCRIPTION i �oTE�s:.w,^.m�A.�.�,.. IF ORANGE TREE BOULEVARD f SUBJECT PROPERTY _ 1 i 4t 1 � CIO 'r Z r was \ EER 0 . . 1000��_ 17QND�ALL BOULEVARD ilk I M 0 200 400' 8 SCALE: 1" = 400' - WHEN PLOTTED @ 8.5" X 11" _ RANDALL CURVE MFUD SCALE: a -°e 5 x , radyMinor o.CradyMnorand1olalP.A. 81100NolR O➢ .or: recIRP1 RonRaSprings.Florlda AERIAL LOCATION MAP ➢ATE RIL Civil Engineers . Land Surveyors Planners . Landscape Architects —P-ME Cert. oeAdm.EB0005151 Cert. oFAeth.LB0005151 Monem LC 26000266 SOURCE: COLLIER COUNTY PROPERTY APPRAISER, FLOWN: JAN 2020 AERIAL SHEET 1 OF 1 Bonita Springs: 239.947.1144 uwu. f. radyt/innr.cnm Fort Myers: 239.690.4380 3.08.00 Environmental Data Purpose As per requirements in LDC Sections 3.08.00 and questions in the CU Checklist Preparation of Environmental Data Preparation of Environmental Data, Environmental Data Submittal Requirement shall be prepared by an individual with academic credentials and experience in the area of environmental science 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 Qualifications of Environmental Consultant Collier Environmental Consultants Inc. 2/96 - Present 3211 68'h Street SW Naples, Florida 34105 Marco A. Espinar- Biologist Environmental Data. The following shall be submitted where applicable to evaluate projects. A) Wetlands i) Identify on Current Aerial / the location of all Collier County / SFWMD Jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System FLUCFCS A FLUCFCS map and vegetation inventory has been included. The site consists of approximately 50.18 acres. Located in Section 22, Township 48, Range 27. It is found on the west side of Immokalee Road and east of 4t' Street Northeast in Golden Gate Estates. The parcel is almost entirely vegetated. There is a cleared and maintained 5± acres parcel at its southern boundary, which is utilized for stormwater management by Collier County. The vegetated parcel is primarily dominated with Slash pine, cypress and cabbage palms with a moderate midstory of Brazilian pepper and other exotics. The primary habitat is that of 4109 Slash Pine, Cypress Cabbage Palm - Disturbed (1994 acres). There are also some areas with palmetto. Habitat 411D Slash pine - Disturbed (11.58 acres) consists of a Slash pine canopy with palmetto understory. The site is densely vegetated. This parcel has been altered by the disruption of hydrology and the lack of a fire regime. The parcel is surrounded with either homes or roadway. An exhibit depicting each FLUCCS Code with acreage has been provided B) Listed Species and Bald Eagle Nests and Nest Protection Zones i) 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 FFWCC and the 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. Wildlife Listed Species Study (LDC 10.02.3.A.2.m) A brief examination of the parcel found no listed animals on site. However, Fox squirrels are suspected. Four (4) leaf nests were observed on site. An exhibit showing the location of these nest has been provided in the listed species survey. The site does provide some functional habitat for small, medium mammals and birds. A listed species study was conducted and attached. This project site is in secondary panther zone. During the Environmental Resource Permit process this project will be reviewed by the appropriate regulatory agencies. ii) Provide Listed Plants identified in LDC Section 3.04.03 See Attached Vegetation List / FLUCCS Code Map iii) Wildlife Management Plans in accordance with LDC Section 3.04.00 See Attached Listed Species Study, Black bear and fox squirrel wildlife management plans may be required at the time of SDP. C) Native Vegetation Preservation i) For Sites or Portions of Sites Cleared of Native Vegetation or in Agricultural Use: Not Applicable ii) Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the FLUCFCS system and provide a legend foe each of the FLUCFS codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on site. Include the above referenced calculations and aerials on the SDP or PPL. In a separate report, demonstrate how the preserve criteria pursuant to LDC section 3.05.07 have been meet. Location Maps / Aerials (LDC10.02.3.A.2.m) Aerials and location maps have been provided. The site consists of approximately 50.18 acres. Located in Section 22, Township 48, Range 27. It is found on the west side of Immokalee Road and east of 4"h Street Northeast in Golden Gate Estates. The parcel is almost entirely vegetated. There is a cleared and maintained parcel at its southern boundary, which is utilized for water management by Collier County. The vegetated parcel is primarily dominated with Slash pine, cypress and cabbage palms with a moderate midstory of Brazilian pepper and other exotics. The primary habitat is that of 4109 Slash Pine Cypress cabbage palm - Disturbed (19.94 acres). There are also some areas with palmetto. Habitat 411 D Slash pine- Disturbed (11.58 acres) consists of a Slash pine canopy with palmetto understory. An exhibit depicting each FLUCCS Code with acreage has been provided. See Attached Location Maps, Vegetation Maps / FLUCCS Maps Native Vegetation Calculation (LDC3.05.07.A.) 3.05.07 Preservation Standards This site consists of approximately 50.18 acres. Approximately 43.9 acres are native vegetation. The project will preserve 15 % and /or approximately 6.6 acres, consistent with the requirement of the Immokalee Road / 4t` Street NE subdistrict of the Golden Gate Area Master Plan. This will be consistent with Goal 6 of Collier County GMP's Objective 6.1 Protect native communities through the application of minimum preservation requirements. Clearly identify the location of all preserves The preserve area has been identified on the site plan. Soil Ground Water Sampling Natural Site An exhibit showing Collier county well field protection zones has been provided. Marco A. Espinar 3211 681h St SW Naples, Fl 34105 RESUME EDUCATION Bilingual: English & Spanish Office: 239-263-2687 Home 239-263-2747 Cardinal Mooney High School Diploma 1980 Sarasota, Florida Manatee Junior College AA Degree 1982 Bradenton, Florida Biology University of South Florida BS Degree 1990 Tampa, Florida Biology Completed USF Cooperative Education Program April 1988 USF Undergraduate Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeological Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates of Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Owner & Environmental Planning / Naples, Florida 2/96 - Present Biologist Environmental Pennitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Licensed Agent Gopher Tortoise Permitting, Testing, Relocation. BP- Natural Resource Advisor - Exotic Plant Removal / Poisoning Mitigation PIantings Jurisdictional Determination Environmental Impact Statements Red Cockaded Woodpecker Survey UMAM Analysis Deepwater Horizon MS Canyon 252 Oil Spill Gulfport, Mississippi - Dauphin Island, Alabama - Pensacola, Florida Turrell & Associates, Inc. Naples, Florida 2/94 - 12/95 Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Senior Environmental Planner Supervision of Staff Review Staff Reports South Florida Water Management District Environmental Analyst Fort Myers, Florida 2/93 - 8/93 Dredge & Fill Permit Review Surface Water Permit Review Collier County Government Development Services Environmental Specialist II Naples, Florida 10/90 — 2/93 Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Southwest Florida Water Management District Tampa, Florida 9/87 — 10/90 Landscape Inspections Environmental Enforcement Field Services Technician As -Built Inspections of Storm Water System - Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Southwest Florida Water Management District (CO-OP) Environmental Scientists 1 Brooksville, Florida 1/86 - 9/87 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Southwest Florida Association of Environmental Professionals, Member Elected to very first Governing Board and served 2 terms, served on founding association — Bylaws Committee Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee Currently Serving on the Land Development Code Sub -Committee Appointed by the Board of County Commissioners and Served on Conservation Collier Land Acquisition Advisory Committee b years Served as Chairman of the Conservation Collier Lands Evaluation and Management Sub - Committee, Award for Ten (10) years of my Voluntary Service to Collier County By the Board of County Commissioners - January 2010 Awarded Outstanding Advisory Member Award - February 2009 by Collier County Board of County Commissioners Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 REFERENCES UPON REQUEST VEGETATION INVENTORY FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 310 Dry Herbaceous 9.64 acres Uplands This area is located along the western boundary of the subject parcel. This area has scattered Slash pines with an open midstory and ground cover. The following plants were identified in this area. Slash pine Pinus elliotti UPL Cp,O Palmetto Serona repens FACU 6,0 Goldenaster Pityopsis graminifolia UPL G,C Ground lichen Cladina subtenus G,O Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxieodendron radians FAC G,O Smilax smilax spp. FAC G,C Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lobata FACU G,C 321 Palmetto 0.63 acres Uplands This area consists of a sparse Slash pine canopy with a palmetto understory. The area would be considered upland. The area is vegetated with a variety of species. The following species were identified within this habitat. Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Dahoon holly Ilex cassine OBL M,O Palmetto Serona repens FACU G,C Melaleuca Melaleuca quinquenervia Exotic Cp,D Brazilian pepper Schinus terebinthifolius Exotic M,D Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Penny royal Piloblephis rigida UPL G,O fetterbush Lyonia lucida FACW M,O Gallberry Ilex glabra FACW M,C buckthorn Bumelia reclinata FAC M,O Florida tema Trema spp. FAC M,O Dewberries Rubus spp. FAC G,C Broom sedge Andropogon virginicus FAC G,O Beggers ticks Bidens alba FACW G,O Ragweed Ambrosia artemissiifolia FACU G,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C snowberry Chiococca parvifolia UPL G,O 4109 Slash Pine, Cypress, Cabbage Palm - Disturbed 19.94 acres Upland E1- Exotics 0 — 25% This is one of the largest habitats on site. This habitat starts along the northern boundary and extends all the way south. This habitat is a mixture of vegetation. The site has a Slash pine canopy with scattered cypress, cabbage palms, and laurel oaks. The midstory is dominated with Brazilian pepper and myrsine. This area has suffered from a disruption of hydrology and a fire regime. The following plants species were identified in this habitat. Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Cypress Taxodium spp. OBL Cp,C palmetto Serona repens FACU G,O Laurel oak Quercus luvifolia FACW Cp,O Myrsine Myrsine floridana FAC M,C Caesar weed Urena lobata FACU G,C Ear leaf acacia Acacia auriculiformis Exotic Cp,M,O carrotwood Cupaniopsis anacardioides Exotic M,O Penny royal Piloblephis rigida UPL G,O Chocolate weed Melochia corchorifolia FAC G,C Pipewort Lachnocaulon anceps FACW G,C Yellow -eyed grass Xyris elliottii OBL G,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C 411D Slash Pine —Disturbed 11.58 acres Upland El- Exotics 0 -25 % The area has a dense carpet of Grape vine. This area would be considered upland. There are two general areas where this habitat is located. The denser one is located along Immokalee Road to the east. Then this habitat is located along its western boundary 4th Street NE. This habitat is a Slash pine dominated canopy with palmetto understory. Lack of fire has made the western portion almost impenetrable. The following species were identified in this habitat. Slash pine Pinus elliotti UPL Cp,D Palmetto Serona repens FACU G,C Cabbage palm Sabal palmetto FAC M,C Brazilian pepper Schinus terebinthifolius Exotic M,D Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C bracken fern Pteridium aquilinum FACU G,O Sweet bay Magnolia virginiana FACW M,O Buckthorn Bumelia reclinata FAC M,O fetterbush Lyonia lucida FACW M,0 Gallberry Ilex glabra FACW M,C Rabbit tobacco Pseudognaphalium obtusifolium UPL G,O 514 Ditch 0.36 acres Other Surface Waters This is a drainage ditch that traverse along the northern end of the subject parcel. This ditch begins by Immokalee Road and extends past our property line. Cattails Typha spp OBL G,O Maidencane Panicum hemitomo OBL G,C Blue Maidencane Amphicarpum muhlenbergianum FACW G,O Torpedo grass Panicum repens FACW G,O 624 D Slash Pine, Cypress, Cabbage palm - Disturbed 1.56 acres Upland E1— Exotics 0 — 25% This is one of the largest natural habitats within this project. The species composition consists of both wetland and upland plant species. The area does not meet the criteria as Jurisdictional wetlands. Hydrological indicators are inconsistent due to hydrological alteration of the area. Soil samples showed sandy soils. The canopy consists primarily of cypress with some Slash pines. The midstory and ground cover consists of both wetland and upland plants neither gaining dominance. Slash pine Cabbage palm Cypress palmetto Laurel oak Ear leaf acacia Strangler fig carrotwood Myrsine Beauty bush Snowberry Dahoon holly Pinus elliotti UPL Cp,C Sabal palmetto FAC M,C Taxodium spp. OBL Cp,C Serona repens FACU G,O Quercus laurifolia FACW Cp,O Acacia auriculiformis Exotic Cp,M,C Ficus aurea FAC M,O Cupaniopsis anacardioides Exotic M,C Myrsine floridana FAC M,C I G,C Callicarpa Americana UPL M,O Chiococca alba UPL G,C Ilex cassine OBL Nip Red maple Acer rubrum FAC M,O Cocoplum Chrysobalanus icaco FACW M,O Swamp fern Blechnum serrulatum FACW+ G,O Chain fern Woodwardia virginica OBL G,O Brazilian pepper Schinus terebinthifolius Exotic M,C wax myrtle Myrica cerifera FAC+ M,O Melaleuca Melaleuca quinquenervia Exotic Cp,O Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lohata FACU G,O Virginia creeper Ampelopsis quinquefolia FAC GO Cat -briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundifolia FAC G,D Whitehead broom Spermacoce verticillata FAC G,C paspalum Paspalum monostachyum OBL G,O Florida Trema Trema spp. FAC M,O Chocolate weed Melochia corchorifolia FAC G,C 740 Disturbed 4.71 acres Upland This is a cleared field. This area is maintained. Bahiagrass Paspalum notatum FACU G,D 742 Borrow Area 0.19 acres Other Surface Waters This area had some fill excavated. As such, it is below natural grade and vegetated with pioneer plant species. The following plants were identified in this habitat. Brazilian pepper Schinus terebinthifolius Exotic M,C Laurel oak Quercus laurifolia FACW Cp,O Carolina willow Salix caroliniana OBL M,C wax myrtle Myrica cerifera FAC+ M,O Torpedo grass Panicum repens FACW G,O Broom sedge Andropogon virginicus FAG G,O 8144 Roads and Highway - Immokalee Road 1.57 acres ARREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) IE i h tic Plants Wild Pines Stiff - leaved Recurved wired -leaved Shoestring fern Golden polypody Tillandsia fasiculata FDA/C T. balbisiana FDA/T T. setacea FDA/T Vittaria lineata Polypodium sp. w zl W � � Iti ti a� 742 740 �Kl J/ I � I ✓ / O09 FLUCCS HABITAT ACREAGE j 310 DRY HERBACEOUS 9.64 321 PALMETTO 0.63 411D (E1) PINE FLATWOODS (DISTURBFD) 11.58 514 DITCH 0.35 624D (E1) PINE, CYPRESS, CABBAGE PALM (DISTURBED) 1.56 74G DISTURBED LANDS 4.71 742 BORROW AREA 0.19 4109 E1 ( ) SLASH PINE, CYPRESS, CABBAGE PALM (DISTURBED) 19.94 8144 ROAD 1.57 TOTAL 5D.18 o.CraJy�lT.. ,..ehk9U OW5.P.n. Gra dyMinor 10TOO VY4 „Gl kry R.'" spK p. M.1j. 3413l CiN1 Engineers La�ld Svrveynrs P1annCis Landscape Architects i:eie. r,lhut♦f. lasmm3131 [.era nfnuu,. ep (MrAiIGI B.'l-fr26"2SO n-im Sr. .; 239...W 1144 n u'n. 'f adylJigp/' tOfn Fort Mmrs: 239 &40.43R0 524D 4109 �J�41 514 e N a n 0 200' 400' SCALE-. 1" = 400, WHEN PLOTMO v 8S" X i v RANDALL CURVE MPUD w .p,: FLUCFCS MAP i9 �L 2= Q COLLIER COUNTY PROPERTY APPRAISER, FLOWN, yu �'k ° JAN 2020 E1 (EXOTICS 0 - 25%) SOILS COLLIER COUNTy SOIL -LEGEND REVISED 1 f 90 H_ YANATAXI .- x 2 3 HOLOPAW FS, LIMESTONE SUBSTRATUM ffiALABAR H 4 FS. CHOF3EE I LIMESTONE SUBTSTRATUM AND DANIA MUCKS DEPRESSIONZ H 6 7 RIVIEi2A; -LIMESTONE SUBSTRATUM-COPELAND FS IMKOKALEE 8 FS MYAKRA FS 10 11 OLDSMAR FS, LIMESTONE.SUBSTRATUM HALLANDALE H 14 15 FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO H 16 FS OLDSMAR FS H 17 BASI.NGER FS 18 - 2 0 .RI'VIERA. FS, LIMESTONE SUBSTRATUM FT. DRUM- 21 AND-MALABAR -HIGH•- FS BOCA FS H H H 23 23 WINDER AND GATQR'SOILS, DEPRESSIOI3AL HOLOPAW HOLOPAW AIGD OKEELANTA O 25 SOILS DEPRESSLONAL B©fir RN _D A, LIMESTONE SUBSTRATUM AND COP H 27 -BLAND FS DEPRESSIONAL HOLOPAW FS 28 29 PINEDA AND RIVIERA FS WABASSO FS H 31 RILOLO LIMESTONE SUBSTRATUM, MARGA7'E ' SOILS JIIPITER Avg 32 URBAN LAND 33 34 IIRBAN LAND ROLOPAW BASINGER COMPLEX URBAN LAND IMMOKALE, OLDSMAR LIMESTONE SUBSTRATUM COMPLEX 35 36 URBAN LAM AQUENTS COMPLEX ORGANIC UDORTHEN�`S SHAPED SUBSTRATUM 37 TUSCAWILLA FS 38 URBAN LAND MATLACHA LIMESTONE SUBSTRATUM BOLA COMPLEX H 3 SATELLITE PS Q0 DURBIN AND WULFERT MUCKS 42 URBAN LAND SATELLITE COMPLEX CAI H ..- 43 - ERAL HEACREs ASSOCIATION WINDER, R V2ERAf .;IMESTON`E Su.BSTRA : CHOBEE SOILS DEPRE5S70nz1L H 45 48 PENNSAOLA FS (Z-8 percent slopes} ENNSITCCO SOIL H 5 0 HALLA.NDALF AND BOC`A FS {slough} ` �OCHOPEE H 51 FSL, PRAIRIE OCHOFEE FSL x u 52 KESsaN MUCK Q�TLY FLOORED ESTERO AND H PECK-ISH SOILS FREQUENTLY -FL JUPIT BOCA COMPLEX H 55 BASINGER FS, OCCASIQLZLLY FL00DED . �\ \ » mw1,}&Rhea \�.. IMPACTS PROPOSED i I I I I j ZONED: E, ESTATES I USE: UNDEVELOPED RESIDENTIAL I I I I I i i i i i Y I - I + W W *PRESERVE + + I i W i i i W Y I i i i I W W i I i i I + + I i W I i W I - ZONED: E, ESTATES USE:UNDEVELOPED RESIDENTIAL (PROPOSED CPUD, PL20200000546) i Y i i W W i W W + MINIMUM 6-FOOT WIDE I + + LANDSCAPE BUFFER + RESERVATION j + + (SEE NOTE #2) I + ZONED: E, ESTATES I + USE: RESIDENTIAL MM6 + + I I I W R I W I l i I 11 + I i� I I I POTENTIAL INTERCONNECTION I I -I 10' WIDE TYPE I� 'A' LANDSCAPE I BUFFER(SEE I� NOTE #3) C I� ZIONED:ORANGETREE PUD ® 1`/ SE: UND VELOPED CO RCIAL _ f 20' WIDE TYPE 'D' LANDSCAPE I w - BUFFER I + I I A NITY _AREA I + ENERAL W OCATION ZONED: ORANGETREE PUD USE: RESIDENTIAL ZONED: E, ESTATES USE: RESIDENTIAL W I - 20' WIDE TYPE I I /� � / LEGEND 'D' LANDSCAPE I / C 20 WIDE TYPE BUFFER 'D' LANDSCAPE ® DEVIATION ________ BUFFER I R RESIDENTIAL _______________, I �] C COMMERCIAL ��❑� I ❑ ZONED: E, ESTATES I ❑/ 0 USE: UNDEVELOPED RESIDENTIALlo ZONED: ORANGETREE PUD USE: CO RCIAL 0 150' 300' o SCALE: 1" = 300' WHEN PLOTTED @ 8.5" X 11" radyMino r Orady Moor ana As—lales. P.A. RANDALL CURVE MFUD SALE 5 x , SOH CODE ¢e ;31100 \la IM ROy -19 Ronlla springs. Plm4da 34134 EXHIBIT C DATE EareP VASTER PLAN Civil Engineers Land Surveyors Planners . Landscape Architects FILE PNP 20 Cert. oFAuth. EB 0005151 Cer4 .f A.1h.LB 0005151 Business LC 26000266 AIPP- H C- -n o Bonita Springs: 239.947.1144 uwu. Grady4/innr.cnn Fort Myers: 239.690.4380 REVISED' SEPTEMBER 14, 2020 SHEET Ex EXHIBIT 210 HISTORICAL RESOURCES This record search is for informational purposes only and does NOT constitute a R project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333 for project review information. April 29, 2020 Sharon Umpenhour Senior Planning Technician 0 (J]"'I 1Y.Uhlor Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Phone - 239.947.1144; Fax - 239.947,0375 Email - sum enhour ',g_radyminor.com In response to your inquiry of April 29, 2020 the Florida Master Site File lists no cultural resources recorded at the designated area of a PUD Rezone in Collier County in Section 22, Township 48 South, Range 27 East When interpreting the results of our search, please consider the following information: • This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. • Because vandalism and looting are common at Florida sites, we ask that you limit the distribution of location information on archaeological sites. • While many of our records document historically significant resources, the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. • Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search. Sincerely, 6 4! � - Eman M. Vovsi, Ph.D. .Florida Master Site File Eman.Vovsi DOS.M Florida.com -500 South Bronough Street • Tallahassee, FL 32399-0250 • www.flheritage.corn/preservationIsitefile 850.245.6440 ph J 850.245.6439 fax j SiteFile@dos.state.fl.uS P T � 5 l aa� 7:. WELL FIELD PROTECTION Collier County Well Field Protection Zones 2010 Well Field Protection Zones W - 1 Zone = 1 Year Travel Time lsocontour i W - 2 Zone = 2 Year Travel Time Isocontour W - 3 Zone = 5 Year Travel Time Isocontour Immokald -- - r' Well Field-- W - 4 Zone = 24 Year Travel Time Isocontour Miles 0 2 4 $ —�', 1�e Lee County Ave Mada Well Field Well Field Lee County '7 e4 f 333iii �t L ; n l \ Collier County Utilities Golden Gate WWI Field City of Naples East Golden Gate Well Feld vi i. R = _ I� - ! City or Naples Coastal Ridge Well Fieldi� t .i l Ji_ Collier County Utilities --- 3 - Gorden . ~vim z am Welll Field Florida Governmental- f Utility Authority — w Golden Gabe City - f • i �, I ; Well Field 1 < czi k W E '- -.--- i Everglades City Well Field rf i -- CAr County r' 1 Port of the Islands Nil Field LISTED SPECIES SURVEY April 2020 RANDALL CURVE MPUD COLLIER COUNTY, FLORIDA Collier Environmental Consultants Inc. 3211 68t' St SW Naples, Florida 34105 (239) 263-2687 marcoe@prodigy.net INTRODUCTION: This report is an account of a Listed wildlife and plants species survey recently performed on 50.18 acre tract called Randall Curve MPUD. Its purpose is to identify and describe key habitats and report any listed species using the site that would be at risk due to possible ffiature development actions on the site. This survey and report is based on fieldwork performed during March -April 2020. DESCRIPTION: Randall Curve MPUD consists of approximately 50.18 acres and is located in Section 22, Township 48, Range 27, in Collier County. This parcel is found west of Immokalee Road and east of 4 h Street Northeast in Golden Gate Estates. The following is a habitat breakdown. See Exhibit # 1 - Location Map FLUCCS HABITAT 310 Dry Herbaceous 321 Palmetto 411 D Pine Flatwoods ACREAGE 514 Ditch 624D Slash pine, cypress, Cabbage palm Disturbed 740 Disturbed — Clear 742 Borrow Area 4108 Slash pine, cypress, cabbage palm Disturbed 8144 Roadway LISTED SPECIES SURVEY: 9.64 0.63 11.58 0.36 1.56 4.71 0.19 19.94 1.57 The required survey for a Listed Species Survey calls for a survey covering 100 % of the site, at prescribed transect distances per site acreage. Such a survey was conducted in March - April 2020. Established transects were oriented north - south and east - west and superimposed on an aerial map of the site. These transects were attempted by ground - locating and walked by compass bearing. Straight transects were very difficult to walk at times because of the Brazilian pepper density. The site was examined via straight and meandering transects with periodic stationary observations. These transects were conducted Early morning (0730 - 1000), mid -day (1100 - 1500) and late -day (1500 - 1800) time periods. This survey was conducted daily for several days. All possible species of plants and animals listed by state and federal agencies were noted. In addition, to the transects walked stationary observation was periodically utilized. Careful observations noting calls, tracks, seat, roosting and nest sites were conducted. RESULTS AND DISCUSSION: Listed Flora Several Tillandsia spp. were seen on site. Refer to Exhibit # 2 - Cumulative Plant List A description of the wildlife found onsite is provided below. Refer to Exhibit 4 3 - Wildlife Species Observed Key Species Discussion : Taking into account the location and condition of the property and State and Federal listed species that could be found on or around the site include_ Red Cockaded Woodpeckers Red -Cockaded woodpeckers are known to inhabit Pine Flatwoods. Observations were keyed to searching for signs or calls of these animals. All mature pines were checked along the transect routes. Particular attention was paid to the south and west faces of the trees, as that seems to be the predominant location of cavity openings. No individuals or cavity trees were identified during this survey. Big Cypress Fox Squirrels The area is known as potential fox squirrel habitat. Observations were keyed to searching for signs or calls of these animals, such as leaf nests in canopy trees or the distinctive chattering of territorial squirrels. No individuals were observed foraging and/or inhabit ting the subject parcel. No chewed pines found. Four (4) leaf nests were identified o site. Prior to any site clearing a through Big Cypress Fox squirrel survey needs to be conducted. A prior listed species survey conducted by Johnson Engineering on February 2006 documented two Big Cypress Fox squirrels on the project site. Florida Black Bear No individuals were observed during this survey even though Black bears are known to inhabit the general area. Special attention was given for signs such as scraps, tracks and scat. This mammal has a large home range and is known to inhabit the area. Bonneted Bat The Florida bonneted bat is the largest species of bat in Florida. Previously known as the Florida (Wagner's) mastiff bats these bats were reclassified as a separate species unique to Florida. The species can grow to a length of 6.5 inches with a wingspan of 20 inches. This is a flying mammal free to traverse great distances. Examination of all trees with potential cavities was conducted. The site does have a few dead pines trees. The dead trees seem recent probably caused by Hurricane Irma. Special examination of all these trees were conducted. Specifically, these trees were examined for any cavities and/or snags. Some of the dead trees on site have not degraded sufficiently. The density of Brazilian pepper and other midstory plants would impede flight patterns. No individuals and/or guano were found. This project is not anticipated to negatively impact the species. Florida Panther No individuals have been documented utilizing this project site or identified during this survey. This species does have a large home range and is known to inhabit Golden Gate Estates and surrounding areas. The site is located within the Secondary Panther Zone. This project will be reviewed via consultation with U.S. Fish and Wildlife Service when the project applies for an Environmental Resource Permit. CONCLUSION: Transects were walked throughout the entire parcel. Stationary observations were also done through prime habitat areas. All transects were walked at varying times from post - dawn & mid -day to pre -sunset hours. The entire site has a midstory of Brazilian pepper. There are other exotics present such as ear leaf acacia, melaleuca and carrotwood. Brazilian pepeer is the dominate extic on site.The project site still does have some recognizable character to support some limited foraging by some common small mammals and birds. Signs of small animal usage such as armadillo were readily visible. Several species of songbirds were seen utilizing this site, especially the canopy areas. The entire site shows signs of greater ecological function. The parcel is currently surrounded by roadway and single family homes. The hydrological regime has been altered. The lack of fire has led to dense vegetation. The entire site is made up of both wetland and upland plant species neither gain dominance. A listed species study was conducted by Johnson Engineering on February 2006. This study found two Big Cypress Fox squirrel utilizing this site. No fox squirrels were observed in recent field observations. No listed animal species or signs thereof were identified on the property, during this survey. Four,leaf litter nests were observed, as such fox squirrels are suspected. A few Tillandsia's spp. was also observed on site. Prior to any site clearing a full Big Cypress Fox squirrel survey should be required. Vertebrates - Threatened EndanlZered and Species of Special Concern species Present Absent Black bear x Florida panther x Everglades mink x Big Cypress Fox squirrel (Suspected) x Bonneted Bat x Indigo snake x American alligator x Gopher tortoise x Gopher Frog x Southeastern American kestrel Red -Cockaded woodpecker Florida Scrub Jay Wood stork Snail kite Bald eagle Limpkin Osprey White ibis Tricolored heron Snowy egret Reddish egret Little blue heron Listed Vegetation Tillandsia spp. x I�ctary�Lane Ak u. a ya ?tits_ v ## ,•=.,, _ qi - a W. v O_ ��ea�; as 1p H otuip{ L�f�et 4h� Streev ortheast ° �v 7 � �4s _ 2nd�Street Northeast ,o a� 3 L1 fsoriEBouleva d?Narth � Wlso ;oulevardkNorth r "z z Az 3t _mil .. .O 4th,Street North Wes ` r �' FLUCCS HABITAT ACREAGE 310 DRY HERBACEOUS 9.64 321 PALMETTO 0.63 411 D (E1) PINE FLATWOODS (DISTURBED) 11.58 514 DITCH 0.36 624D (E1) PINE, CYPRESS, CABBAGE PALM (DISTURBED) 1.56 740 DISTURBED LANDS 4.71 742 BORROW AREA 0.19 4109 (El) E1 SLASH PINE. CYPRESS, CABBAGE PALM (DISTURBED) 1194 8144 ROAD 1.57 TOTAL 50.18 E1 (EXOTICS 0 — 25%) N 0 200' 44Y0' SCALE: 1" = 400' WHEN PLOTTED @ 8 5" X 11- 1' oo FLUCCS CODE AND VEGETATION INVENTORY FLUCCS CODE (Description) Common Name Scientific Name Indicator Status 310 Dry Herbaceous 9.64 acres Uplands This area is located along the western boundary of the subject parcel. This area has scattered Slash pines with an open midstory and ground cover. The following plants were identified in this area. Slash pine Pinus elliotti UPL Cp,O Palmetto Serona repens FACU G,O Goldenaster Pityopsis graminifolia UPL G,C Ground lichen Cladina subtenus G,O Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC GO Smilax Smilax spp. FAC G,C Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lobata FACU G,C 321 Palmetto 0.63 acres Uplands This area consists of a sparse Slash pine canopy with a palmetto understory. The area would be considered upland. The area is vegetated with a variety of species. The following species were identified within this habitat. Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Dahoon holly Ilex cassine OBL M,O Palmetto Serona repens FACU G,C Melaleuca Melaleuca quinquenervia Exotic Cp,D Brazilian pepper Schinus terebinthifolius Exotic M,D Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Penny royal Piloblephis rigida UPL G,O fetterbush Lyonia lucida FACW M,O Gallberry Ilex glabra FACW M,C buckthorn Bumelia rechnata FAC M,O Florida trema Trema spp. FAC M,O Dewberries Rubus spp. FAC G,C Broom sedge Andropogon virginicus FAC G,O Beggers ticks Bidens alba FACW GO Ragweed Ambrosia artemissiifolia FACU G,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C snowberry Chiococca parvifolia UPL G,O 4109 Slash Pine, Cypress, Cabbage Palm - Disturbed 19.94 acres Upland El- Exotics 0 — 25% This is one of the largest habitats on site. This habitat starts along the northern boundary and extends all the way south. This habitat is a mixture of vegetation. The site has a Slash pine canopy with scattered cypress, cabbage palms, and laurel oaks. The midstory is dominated with Brazilian pepper and myrsine. This area has suffered from a disruption of hydrology and a fire regime. The following plants species were identified in this habitat. Slash pine Pinus elliotti UPL Cp,D Cabbage palm Sabal palmetto FAC M,C Cypress Taxodium spp. OBL Cp,C palmetto Serona repens FACU G,O Laurel oak Quercus laurifolia FACW Cp,O Myrsine Myrsine floridana FAC M,C Caesar weed Urena lobata FACU G,C Ear leaf acacia Acacia auriculiformis Exotic Cp,M,O carrotwood Cupaniopsis anacardioides Exotic M,O Penny royal Piloblephis rigida UPL G,O Chocolate weed Melochia corchorifolia FAC G,C Pipewort Lachnocaulon anceps FACW G,C Yellow -eyed grass Xyris elliottii OBL G,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C 411D Slash Pine —Disturbed 11.58 acres Upland El- Exotics 0 -25 % The area has a dense carpet of Grape vine. This area would be considered upland. There are two general areas where this habitat is located. The denser one is located along Immokalee Road to the east. Then this habitat is located along its western boundary 4th Street NE. This habitat is a Slash pine dominated canopy with palmetto understory. Lack of fire has made the western portion almost impenetrable. The following species were identified in this habitat. Slash pine Pinus elliotti UPL Cp,D Palmetto Serona repens FACU G,C Cabbage palm Sabal palmetto FAC M,C Brazilian pepper Schinus terebinthifolius Exotic M,D Winged Sumac Rhus copallina UPL M,O Myrsine Myrsine floridana FAC M,C Grape vine Vitis rotundifolia FAC G,D Poison ivy Toxicodendron radians FAC G,O Smilax Smilax spp. FAC G,C bracken fern Pteridium aquilinum FACU G,O Sweet bay Magnolia virginiana FACW` M,O Buckthorn. Bumelia reclinata FAC M,O fetterbush Lyonia lucida FACW M,O Gallberry Ilex glabra FACW M,C Rabbit tobacco Pseudognaphalium obtusifolium UPL G,O 514 Ditch 0.36 acres Other Surface Waters This is a drainage ditch that traverse along the northern end of the subject parcel. This ditch begins by Immokalee Road and extends past our property line. Cattails Typha spp OBL G,O Maidencane Panicum hemitomo OBL G,C Blue Maidencane Amphicarpum muhlenbergianum FACW G,O Torpedo grass Panicum repens FACW G,O 624 D Slash Pine, Cypress, Cabbage palm - Disturbed 1.56 acres Upland E1— Exotics 0 — 25% This is one of the largest natural habitats within this project. The species composition consists of both wetland and upland plant species. The area does not meet the criteria as Jurisdictional wetlands. Hydrological indicators are inconsistent due to hydrological alteration of the area. Soil samples showed sandy soils. The canopy consists primarily of cypress with some Slash pines. The midstory and ground cover consists of both wetland and upland plants neither gaining dominance. Slash pine Cabbage palm Cypress palmetto Laurel oak Ear leaf acacia Strangler fig carrotwood My rsine Beauty bush Snowberry Dahoon holly Pinus elliotti UPL Cp,C Sabal palmetto FAC M,C Taxodium spp. OBL Cp,C Serona repens FACU G,O Quercus laurifolia FACW Cp,O Acacia auriculiformis Exotic Cp,M,C Ficus aurea FAC M,O Cupaniopsis anacardioides Exotic M,C Myrsine floridana FAC M,C / G,C Callicarpa Americana UPL M,O Chiococca alba UPL G,C Ilex cassine OBL M,O Red maple Acer rubrum FAC M,O Cocoplum Chrysobalanus icaco FACW M,O Swamp fern Blechnum serrulatum FACW+ G,O Chain fern Woodwardia virginica OBL G,O Brazilian pepper Schinus terebinthifolius Exotic M,C wax myrtle Myrica cerifera FAC+ M,O Melaleuca Melaleuca quinquenervia Exotic Cp,O Broom sedge Andropogon virginicus FAC- G,O Caesar weed Urena lobata FACU G,O Virginia creeper Ampelopsis quinquefolia FAC G.O Cat -briar Smilax spp. FAC G,C Poison ivy Toxicodendron radicans FAC G,O Grape vine Vitis rotundifolia FAC G,D Whitehead broom Spermacoce verticillata FAC G,C paspal un Paspalum monostachyum OBL G,O Florida Trema Trema spp. FAC M,O Chocolate weed Melochia corchorifolia FAC G,C 740 Disturbed 4.71 acres Upland This is a cleared field. This area is maintained. Bahiagrass Paspalum notatum FACU G,D 742 Borrow Area 0.19 acres Other Surface Waters This area had some fill excavated. As such, it is below natural grade and vegetated with pioneer plant species. The following plants were identified in this habitat. Brazilian pepper Schinus terebinthifolius Exotic M,C Laurel oak Quercus laurifolia FACW Cp,O Carolina willow Salix caroliniana OBL M,C wax myrtle Myrica cerifera FAC+ M,O Torpedo grass Panicum repens FACW G,O Broom sedge Andropogon virginicus FAC- G,O 8144 Roads and Highway - Immokalee Road 1.57 acres ABREVIATIONS — Canopy (Cp), Midstory (M), Ground Cover (G) Dominant (D), Common (C), Occasional (0) INDICATOR STATUS - Obligate (OBL), Facultative wet plants (FACW), Facultative plants (FAC), Upland (UPL) \Epiphytic Plants Wild Pines Stiff - leaved Recurved wired -leaved Shoestring fern Golden polypody Tillandsia fasiculata FDA/C T. balbisiana FDA/T T. setacea FDA/T Vittaria lineata Polypodium sp. WILDLIFE SPECIES OBSERVED Common Name Species Amphibian & Reptiles: Six- lined racerunner Cnemido horns sexlineatus Brown anole Anolis sagrei Black racer CoIumber constrictor Birds: Dove- mourning Zenaida macroura Pileated woodpecker Dryocopus pileatus Red bellied woodpecker Melanerpes carolinus Northern flicker Colaptes auratus Crow, American Corvus brach h nchos Common grackle Quiscalus quiscula Bluejay Cyanocitta cristata Carolina wren Thryothorus ludovicianus Gray catbird Dumetella carolinensis Northern mockingbird Mirnus polyRlottos Cardinal Richrnondena cardinalis Brown thrasher Toxostoma ndum Red -shouldered Hawk Biteo lineatus Vulture, turkey Cathartes aura Vulture, Black Coragyps atratus Cattle egret Bubulcus ibis Mammals: Virginia opossum Didelphis virginiana Raccoon Procyon lotor Bobcat Felis rufus Coyote Canis lantrans Hispid cotton rat Si mg odon hisspidus Nine -banded armadillo Dasypus novemcinctu Cottontail Rabbit Sylvilagus floridanus Status J d,��s o 0�Q0 O o U o [� j 4 Q L?J O p o U o 00O00 1 0 (b Fz, O a m J ® t o J IJ U O J nr J ti+ Q X O 2 M w w Z Mom C, J LL o U O 00 z _4¢ � uj Z 7 U, 4 ..... O w¢Z�n0 O 0 TQ�m0 Uw n LL LLJ D VJ N F- �a w 0 O � 171 Z zo ® ¢oo=� ¢ Lli M CL O O Y U 00 0 «" Y� O W F- 0 LU O ® r m � a_ 0 r © N 40 N _ N CLLL m- 0 5 U 'f U -a aCDC." [13 �. 4of E- n m CD m¢ ci o U i " O z E - wimp IL NOD BONNETED BAT CONSULTATION AREA (All Of Collier County Is in the Consultation Area) PASCO LAKE ORANGE 14ILLSBOROUGH OSCEOLA Atfarric POLK BREVARD Ocean 1NDIAN RIVER MANATEE HARDEE OKFFGHOBEE ST LUCIE DE SOTO HIGHLANDS Lucse SARASOTA A \ MARTIN 1 -1� LoAe CH4FILOTTE GLADES LEE Guff of A4exl:co Legend 2019 Florida Bonneted get Consultation Area South Porida Urban Bat Area 12.5 25 50 Miles I I .. I I I I _J HENDRY I PALM BEACH Figure 1. Florida Bonneted Bat Consultation Area. Hatched area (Figure 2) identifies the urban development boundary in Miami -Dade and Broward County. Applicants with projects in this area should contact the Service for specific guidance addressing this area and individual consultation. The Consultation Key should not be used for projects in this area, PANTHER CONSULTATION AREA PROJECT LOCATED IN SECONDARY ZONE t 71 .. ....,.. .....� ;' N � ...._ c DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B JMB TRAN5PORTATION ENGINEERING, ING. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES i TRAFFIC IMPACT STATEMENT For Randall Curve MPUD (Collier County, Florida) May 20, 2020 Revised October 27, 2020 County TIS Review Fees TIS Methodology Review Fee = $.500.00 TIS (Major Study) Review Fee =$I,500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, lNc. Docusignedby, 4711 7TH AVENUE SW ILLS �S NAPLES, FLORIDA 341 1 9 J E519D679D23E47F... CERTIFICATE OF AUTHORIZATION No. 2783❑ NO (PROJECT NO. 1 91 01 1) AJo 43860 4k, 0 zZ 1JZ� J AM E B,A N ;� b R FLO A REG. NO. +`Ii ��Ylil YYY YYYfY�,; DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B TABLE OF CONTENTS Conclusions 2 Table A -Committed Transportation Improvements 3 Methodology 4 Scope of Project 4 Table B - Proposed Land Uses 4 Figure 1 4.1 Master Concept Plan 4.2 Project Generated Traffic 5 Table C - New Site -Generated Trips 5 Table 1 - Trip Generation Computations 5.1 Existing + Committed Road Network 6 Project Traffic Distribution S Area of Significant Impact 8 Figure 2A - Residential Project Traffic Distribution 8.1 Figure 211 - Commercial Project Traffic Distribution 8.2 Table 2 - Area of Impact/Road Classification 8.3 2019 thru 2027 Project Build -out Traffic Conditions 9 Table 3 - 2019 & 2027 Link Volumes 9.1 Table 4 - 2027 Link Volumes/Capacity Analysis 9.2 Appendix 10 1 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Conclusions Based upon the findings of this report, it was determined that Randall Curve MPUD will not adversely impact the surrounding road network or cause any roadways to operate below their adopted levels of services. This conclusion is based upon the findings that Collier County's existing plus committed (E + C) road network has adequate capacity to accommodate the 2027 background traffic "plus" the site -generated traffic associated with the development of 400 multi -family dwelling units and/or trips equivalent single- family units and 150,000 square feet of commercial retail/office space. The Developer will be required to pay for its portion of "consumed" capacity via payment of road impact fees. As set forth by Collier County's Impact Fee Ordinance, the fees are a pro rata assessment towards the funding of area -wide transportation improvements to support new growth. The amount of road impact fees paid per type of land use are determined via a "consumption -based impact fee approach", in which new development is charged based upon the proportion of vehicle -miles of travel (VMT) that each unit of new development is expected to consume of a lane mile of roadway network. The cost of consumed lane mile is based upon current roadway construction costs within Collier County. Therefore, the payment of road impact fees is the projecfs pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. If approved, the Randall Curve PUD will be subject to a maximum trips cap of 753 two- way new external PM peak hour trips. 2 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Committed Area -Wide Transportation Improvements Based upon the area's existing and forecasted traffic demands, it was determined that the E + C road network will continue to operate at acceptable levels of service for project build -out conditions. However, the "anticipated" traffic demands for that area are subject to change pending the status of other large-scale projects that may become entitled for development (e.g., rural lands west). It is for this reason; Collier County Government has accelerated the planning and funding of several major roadway improvement projects. Transportation improvements that are currently funded are considered to be committed improvements for this study are described below in Table A. Table A Planned and/or Committed Area -Wide Transportation Improvements Transportation Improvement Status Notes Oil Well Road (Everglades Blvd -to -Oil Well Grade) widen to 4-lanes within 6-lane footprint) Funded 16th Street Bridge Reduces traffic demand on /S collector between Randall and Golden Gate Funded Randall Blvd & Immokalee Rd Reduces traffic demand on Vanderbilt Beach Road Ext (C.R. 951 to Wilson Blvd) Funded Randall Blvd, Immokalee Rd & (New 2-lane divided road within 6-lane footprint)_Golden Gate Blvd Reduces traffic demand on Vanderbilt Beach Road Ext (Wilson Blvd to Everglades) Funded Randall Blvd, Immokalee Rd & (New 2-lane undivided road within 6-lane footprint) Golden Gate Blvd Randall Boulevard (Immokalee Rd-to-8t' Street) widen to 4-lanes Funded Randall Boulevard & Immokalee Road Intersection (at -grade improvements) Funded Wilson Boulevard (Golden Gate Blvd to Immokalee Rd) widen to 4-lanes Funded Site Access Improvements Randall Curve MPUD proposes to construct two (2) points of access on Immokalee Road. The design and type of the accesses on Immokalee Road will be established at the time of Plat or SDP approval. The project will also construct a vehicular interconnection to the undeveloped property that is contiguous to the north. The interconnection will be extended to be create a shared full access to Immokalee Road via the signalized intersection of Immokalee Road and Orange Tree Boulevard. 3 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Methodology On April 17, 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 M1 thru M11). Scope of Project Randall Curve MPUD is a proposed multi -use project that will consist of 400 multi- family dwelling units and/or trips equivalent single-family units and 150,000 square feet of commercial/retail. The Developer has the option of converting single-family units to multi -family units, but the total trips PM peak hour two-way residential land use trips cannot exceed 203 vph. The site is located on the northwest corner of 4' Street N.E. and Immokalee Road within Collier County, Florida. Randall Curve MPUD proposes to construct two (2) points of access on Immokalee Road. The design and type of the accesses on Immokalee Road will be established at the time of Plat or SDP approval. The project will also construct a vehicular interconnection to the undeveloped property that is contiguous to the north. The interconnection will be extended to be create a shared full access to Immokalce Road via the signalized intersection of Immokalee Road and Orange Tree Boulevard. For additional site details, refer to the MCP prepared by Grady Minor. Table B Proposed Land Uses Proposed Land Uses Units/Size Multi -Family" (Potential Conversion to Single -Family) 400 d.u.'s Commercial/ Retail 150,000 s.f. * * The Developer has the option of converting multi -family units to single-family units to multi -family units, but the total trips PM peak hour two-way residential land use trips cannot exceed 203 vph. a] DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Oil Well Road Randall Boulevard Immokole Rd mom Im +� # i � w 0 V F o i D 0 � di m _ c o m v Vanderbilt Beach Rd m m m v 'o w 0 o m Parkway 01 CiIdeIn G_te 41Uiev%rd Golden Gate 400 mom-mmmmm4~umms+--Um�ma�am NORTH N.T.S. LEGEND COMMITTED IMPROVEMENT PLANNED IMPROVEMENT — — — — — INTERSTATE HIGHWAY : 6—LANE ARTERIAL 4—LANE ARTERIAL/COLLECTOR — — — — — 2—LANE ARTERIAL 2—LANE COLLECTOR/LOCAL RAIL ROAD — • . — MwTRANSPORTATION ENGINEERING, INC. Randall Curve MPUD Project Location & FIGURE 1 Roadway Classification April 17, 2020 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B ZONED: E, ESTATES USE: RESIDENTIAL ZONED: E, ESTATES POTENTIAL ' j ZONED: E, ESTATES USE: UNDEVELOPED INTERCONNECTION I USE: UNDEVELOPED RESIDENTIAL RESIDENTIAL (PROPOSED I CPUD, PL20200000546) I W W W W PRESERVE W W W Ij j I W W 10, WIDE TYPE W w 'A' LANDSCAPE 1 I BUFFER II f� j W W W MINIMUM 6-FOOT WIDE NOTE #3) 1 w y W LANDSCAPE BUFFER RESERVATION y W (SEE NOTE #2) I f ZONED: ORANGETREE PUD 1❑0❑3 ® j SE: UNDEVELOPED COMMERCIAL wj I 20' WIDE TYPE W y / I 'D' LANDSCAPE / BUFFER I I w I R I y I w A NITEA I _ R w ENERAL W OCATION / � � W r r / ZONED: ORANGETREE PUD USE: RESIDENTIAL FM T ❑❑❑❑ ZONED: E, ESTATES USE: RESIDENTIAL F!• I I r I rr 1 234''` 20'WIDETYPE I I / LEGEND 'D' LANDSCAPE I r �� 20' WIDE TYPE BUFFER j I j ,/ D' LANDSCAPE [C DEVIATION a I I / BUFFER R RESIDENTIAL C COMMERCIAL Ii �0 ZONED: E, ESTATES 1 { USE:UNDEVELOPED 1 �O RESIDENTIAL I I / ZONED: ORANGETREE PUD — I/ USE: COMMERCIAL c / 0 150' 300' o J SCALE. 1" = 300' RANDALL CURVE MPUD Q.c.,,a,M, ad.isy�aGy_rn_ GradyMinor aBn9 un DO "y Oe ° eona sY,i„sy. rliaa 5-1�94 EXHIBIT C MASTER PLAN Civil Engineers Land Surveyors PlannerS Landscape Architects cca, nr.qum. ce aou�i sr c.rzm. ru000sisl u.iMa., ,r,aumnznr> SAP-s Pwac-.,� J Bonita Springs: 239.947.1114 wu. cr9ayll; n,i,•_rrrm Fort PI>rers�, 239.6'Je.4389 REVISED: OCTOBER I3, 2Q2C aim-h;r I OF 2 �f:Z DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Project Generated Traffic Traffic that can be expected to be generated by Randall Curve MPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 10t' 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 codes "Multi -Family" (LUC 220) and "Shopping Center" (LUC 820) were most representative. Trips estimated for LUC 820 were adjusted to account for a 25% pass -by rate. As determined, the project could generate 8,924 new daily trips and 348 vph and 753 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the projeefs total trips, new trips, and net external new trips. Table C provides a summary of the trip generation computation results that are shown in Table 1. Table C New Site -Generated Trips (Summation of Table 1) Daily Weekday New AM Peak Hour New PM Peak Hour New Trips Generated Trips Generated Trips Generated ADT h h 8,924 348 753 5 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B TABLE 1 TRIP GENERATION COMPUTATIONS Randall Curve PUD Land Use Code Land Use Description Maximum Build Schedule 220 Multi -Family (See Footnote No. 1) 400 Units 820 Shopping Center 150,000 s.f. Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 2,983 ADT AM Peak Hour = Ln(T) = 0.95Ln(X)-0.51= 178 vph 41 / 137 vph 23% Enter/ 77% Exit = PM Peak Hour = Ln(T) = 0.89Ln(X)-0.02 = 203 vph 128 / 75 vph 63% Enter/ 37 / Exit = Code Trip Period Trip Generation Equation_ LUC 820 Daily Traffic (ADT) = Ln(T) = 0.68Ln(X)+5.57 = AM Peak Hour (vph) = T = 0.5(X)+151.78= 62% Enter/ 38% Exit = PM Peak Hour (vph) = Ln(T) = 0.74Ln(X)+2.89 = 48% Enter/ 52% Exit = New Daily Traffic (ADT; (ADT) x (% of New Trips) New AM Peak Hour (vL (AM) x (% of New Trips) 62% Enter/ 38% Exit = New PM Peak Hour (vp (PM) x (% of New Trips) 48% Enter/ 52% Exit = Total External Trips Total Trips 7,921 ADT 227 vph 734 vph 25% Pass -by Rate 5,941 170 550 Trips Enter Exit 141 / 86 vph 352 / 381 vph 105 / 65 vph 264 / 286 vph New External Daily Traffic (ADT) = 8,924 ADT New External AM Peak Hour (vph) = 348 vph 146 / 202 vph New External PM Peak Hour (vph) = 753 vph 392 / 361 vph Footnote No. 1 - Multifamily units may be converted to single-family units but the Residential External Trips cannot exceed 203 PM two-way trips. 913 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C road network. Table 2 also shows the roads' respective minimum level of service performance standards and capacity. Oil Well Road varies from a two-lane to a four -lane major east/west arterial that extends between its western terminus at its intersection with Immokalee Road to S.R. 29 and continues east through rural/agricultural lands to its eastern terminus at the Collier County Line. Between Immokalee Road and Everglades Boulevard, Oil Well Road is classified as a four -lane divided arterial having a maximum LOS D capacity of 2,000 vphpd. Between Everglades Boulevard and Oil Well Grade Road, Oil Well Road will be widened from a two-lane arterial to a four -lane divided arterial. 16th Street Bridge Collier County has funded the construction of 1 e Street NE bridge that will be completed by 2021/2022. The bridge will provide an alternate means of north/south access for the Randall Boulevard area. More specifically, the bridge will create a north/south interconnect between Randall Boulevard. and Golden Gate Boulevard and between Randall Boulevard and the extension of Vanderbilt Beach Road that will reduce traffic demands on Randall Boulevard and Immokalee Road. Vanderbilt Beach Road Collier County has funded Vanderbilt Beach Road Extension, which consists of a two-lane arterial that can be expanded to six -lanes. The road will be extended from its eastern terminus (east of C.R. 951) to intersect Everglades Boulevard. Vanderbilt Beach Road will substantially reduce traffic demands on Immokalee Road, Randall Boulevard and Golden Gate Boulevard. Construction is expected to begin in the year 2021. Everglades Boulevard is a major two-lane north/south arterial that extends between its southern terminus (south of 1-75) to its northern terminus at its intersection with Immokalee Road. Desoto Boulevard is a major two-lane north/south arterial that extends between its southern terminus (immediately north of 1-75) to its northern terminus at its intersection with Oil Well Road. Wilson Boulevard is a major two-lane north/south arterial that extends between its northern terminus (north of Immokalee Road) to its southern terminus (south of Golden Gate Boulevard). Wilson Boulevard (between Golden Gate Boulevard and Immokalee Road) will be widened to a four -lane divided arterial- Immokalee Road varies from a two-lane to a four -lane and six -lane major cast/west and north/south arterial. The road extends between its western terminus at U.S. 41 to the northern Golden Gate Estates Area and then north/south to the Tmmokalee Community and interconnects with S.R. 29. South of Oil Well Road, Immokalee Road is classified as a six -lane divided arterial; and north of Oil Well Road it is classified as a four -lane divided and two-lane arterial. Immokalee Road has a posted speed limit of 45 MPH_ Co DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Randall Boulevard Collier County has funded the four -lane construction of Randall Boulevard (between Immokalee Road and 8"h Street), as well as intersection improvements at the intersection of Randall Boulevard and h-nmokalee Road. Also, the newly constructed bridge at 8th Street NE and the funded bridge at 16th Street NE will provide an alternate means of nortbJsouth access to the Randall Boulevard area. More specifically, the bridges will create a north/south interconnect between Randall Boulevard and Golden Gate Boulevard and between Randall Boulevard and the extension of Vanderbilt Beach Road that will reduce traffic demands on Randall Boulevard. Randall Boulevard & Immokalee Road Collier County has funded at -grade intersection improvements which will reduce congestion at this location. Figure 2D provides as detail of the intersection's Phase 1 Improvements. Planned and/or Committed Area -Wide Transportation Improvements Transportation Improvement Status Notes Oil Well Road (Everglades Blvd -to -Oil Well Grade) widen to 4-lanes within 6-lane footprint) Funded 16th Street Bridge Reduces traffic demand on /S collector between Randall and Golden Gate Funded Randall Blvd & Immokalee Rd Reduces traffic demand on Vanderbilt Beach Road Ext (C.R. 951 to Wilson Blvd) Funded Randall Blvd, Immokalee Rd & (New 2-lane divided road within 6-lane footprint) Golden Gate Blvd Reduces traffic demand on Vanderbilt Beach Road Ext (Wilson Blvd to Everglades) Funded Randall Blvd, Immokalee Rd & (New 2-lane undivided road within 6-lane footprint) Golden Gate Blvd Randall Boulevard (Immokalee Rd-to-8th Street) widen to 4-lanes Funded Randall Boulevard & Immokalee Road Intersection (at -grade improvements) Funded Wilson Boulevard (Golden Gate Blvd to Immokalee Rd) widen to 4-lanes Funded 7 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Project Traffic Distribution The project's residential trips were distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area, and the location of surrounding businesses, employment opportunities, recreational areas, schools, etc. Figure 2A depicts the distribution of trips on the percentage of residential traffic generated. Table 2 details the project's PM peak hour residential trips assignments to the surrounding road network. The projects commercial traffic was distributed to the surrounding road network based upon the location of competing markets and nearby residential densities. Figure 2B depicts the distribution of trips based upon the percentage of the commercial traffic generated. Table 2 details the project's PM peak hour commercial trips assignments to the surrounding road network. Table 2 summarizes the combined residential + commercial PM peak hour trips assignments to the surrounding road network - 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). Figure 2A shows the project's residential trip distributions, and Figure 2B details the project's commercial trip distributions. Table 2 describes the project's residential and commercial traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the projects area impact are identified in Table 2. N. DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B b` 0 De b* Boulevard E"Nlodes Blvd I I Street WE o I ! a I 8tt+ $kreek WE 5t� 115%°► I m 1 �I �• co 35% ! �► Wi�n Boule rd �•r I'rj � I ... o I E� nl �I _ V7 a E clf��: Ma�I O z sse do Wapdermt 10% 15% 2� 0% 11- — Colter 9oulevmd (CR 951) � 4�o�I 1 al �I 7% �% I ixgan ! �^^-^^-► �� g� v Saner � �o ^^ Loboulevard "' ..... +. — K p m E I I-75 Bonita QM* 4r 1 0% �� c 1 75 v` O d Lmngston Rand n LEGEND Nrpart Pulring Rd I a Ohs Residential Traffic Distribution Randall Curve MPUD October 27, 2020 JMTRANSPORTAT10N ENGINEERING, INc. RESIDENTIAL LAND USE PROJECT -GENERATED FIGURE 2A TRAFFIC DISTRIBUTION 1.1 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 10 O 1%� Oeseto Boulevard z4 —► b\ e 5�► `n i 590 5% Ev"Iodes alma 1P. 1 oth t NE 1'41 , o �4_ Bth Street NE C3 1n N o I 20% �----► wnean� rd — — E� I Y �I M sss we icrset I s } o s 31 3% ► �I 27 1 % a �► Coflier Bouleva 1 ^95b 1 j g of e Bouleva Boa1[a G m I Gr 1 75 N �mL1a Pact � �A I LIEG((''+�ENDCh1yI�['�� f �ID�- Commercial Traffic Distribution 4► � r Oz Z Randall Curve MPUD October 27, 2020 t --—......... N � r� 1 tJMTRAN5PORTATION EN GINEIrRING, ING. COMMERCIAL LAND USE PROJECT -GENERATED FIGURE 2B TRAFFIC DISTRIBUTION DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 0�00000U)cnCOww�WU)wU)U) zzzzzzzzzz>->->-z>z>- >->- } z}zzz eft 00 LO LD I� CD CA � CA 0 CA 0 LO C`7 Cr)(A �- r f'- Q 6} I-- CD r 0 LO tin 00 CO CO 0) M OD CA CD l� i Ir--N N LO CO CO M r LC) LC) 0 N C) LC7 1` CD OD M CD CQ O CO r C) LD 00 M LC] CO LC) r-- LC) f- M CD� CD 0 0 O O a O C7 C) CD 0 r N-T M N O CD Ca C7 6 -' d' CN C 5 CO t 6 r Ca M M CO M CO M CO M M M CO M M CO CO CO CO CO M CO M M CO N N N N M M N M M N N N IL �+ t e- n Orr e- Lt1 C7 r+ O 00 T- 0 r- M O 1- W N 1+ V V 0 V O Q Q '�'f d' r N N r r N M V W r C4 r r �- r N M W 00 r W M N P. r r N r M t- 0-Z LU �.I y L S y t r r I� Q) r M CO 0� LO M N CO CD r r CO M M M r CO M M M CO M 00 O D a r y N N M r N M LA L{j Cri OrQ T r r r N M LO 0) ti LO M M CO LO r r N r M Ll LU n7 (9 Cp CA CO M M M M r N a0 r r M C'7 C'7 CD r LOI` ITN N 1� LOr r (V r M CA U a ��"..ii L. 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CL mQ. .77 O'O O `- >O O O o 3 'U . U � (if Q J J w❑ Wy CO > > w v Ir � m d) `n O ? C a m= m m CD m m d d m rnfu m O � O Qi 4 O E a C _m G Nco > VOi J d U C7 U O w m � d d T _ _ N Q Ci C] CJ r N N 0)W CON CJ O ICi N N N O O C] M C7 � � N a0 O � � N N M En to CO M M Ct m�' V V V � V � V LO- DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 2019 thru 2027 Project Build -out Traffic Conditions Project Impacted Roadway Links In order to establish 2019 thru 2027 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction factor as shown on Table 3 was derived from the 2019 Collier County AUIR Reports. The annual growth rate was also obtained from the 2019 AUIR Report. Using the annual growth rate, the 2027 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 2027 vested trips 'Y' 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 2027 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2019 thru 2027 traffic conditions and the roadways' level of service and remaining available capacity. As determined, Randall Curve PUD will not adversely impact the surrounding road network or cause any roadways to operate below their adopted levels of services. This conclusion is based upon the findings that Collier County's existing plus committed (E + C) road network has adequate capacity to accommodate the 2027 background traffic "plus" the site -generated traffic. E o ms)nEnvelope ID:ec m285D7A- BBBc5a5A47 #qk7B � . A c = / _ m m - \§ k 7%{§ co co a z G = G 2 2 IT { � a / { S 7 $ 2 « / ] CO n- z § / m 3 » W \ 2 } 2 ) § 2 $ / k k m r, 2 § ) § 2 § § D a n n 0> > 7 B Y Z_ � kCD E � \ \ \ § 7 \ k § j « w & G n 4 w �� a § K w E 2 w u u z 0 N/ S 2 2 g « 0 0 0 0 0i o k)/{ Cr K- z 2 3 m % Q G % > � In k N / d 0 7 2 ] ) \ ° ƒ k / § > k .2 / k ) 2 S ) \ R ® a 2 k f/®/ _* $ a k m 0 0 0 ) � k 2- k a ) k k } ) [ E / - � � ¥ a 4) 3 o f { w ££L>U \ I ca 2> ■ ) EV £ k ) 3 J w _ 17 \ cq \ \ § § § / / / � � �,! DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B dl r r N 0 Z z Z Z 3 0 O � ❑ Np -6 "Y O w U.LL O U m ❑ u m LLL ❑ N •Z CL J d m Q. � C 3 O 0 ti O i U N co 0] O O Ih ffl N fD M �f'1 N 00 O Y N R Q V O r r O O � fa 0 4 �- (7 CL O ► a }� a 0 `c `� f7 0 a� CL ,`' c) N nai CV !� 7 0 J N * ❑ N 4n O) fX1 as N Q a x Y o to It (0 00 LO o {� o a ti N •� R EL] M M co a ma •x QIZ Z Z w L.i,l W W W r- r w U a0i S: a[-- C7 tS3 00 t- m O r LD N 1l- LO V QQ d iL r M OD 00 1*- T- U LU ae 'pl w� cn w w z w O 000 N , (0Q a W 89 0f` wco i si^ W Q Z Y N �I W LL LL❑ [i Ci m m m m LL❑ F— J CL m m a o�w � z z w z w w w w Q a c � O G Q O �+ a 0) 0 N R ❑ y N c) M s9 r- 'ITN � r-- a� � to a o C j O L1 c ` = lf1 f0 co p v' 01 r0 s0 N N n 4 N Z fh 00 M t0 OD fo CL m m 0 C -O — RO -7 9Y _a Fu CO O m MO N N O o — 0_ 0 Q> a a o a) mLO Q) c R 0) Y O y a }} N E U § 0= O Ci M c � Q O y C X l UJI -o m i 0 o i co L C U - N i m s C ( s C. 1 XO c i � ` o , Z w N -0 I c 0 0 w � L u z � � m e 0 0 iE E ❑ M s CL w 0' (t) z (D o U 0 £ is n i C }r 0 z c w O 0 m 0000 f6 v O �! a a m E fl U s O � � � C f C) }� 1 _ O j } � RF � U ? � m } 0 t e t R O O L � O O MO LD f — m 0 rn a co a U w a 0 0 'a a ❑ w o — a a z � to m a Y � Y 7041) � ID CO " 0 `N' O Uy 2) WO 0 lO [ 7 _ w E — L ? o w m > O m R ai m .—� > > 0 0' O m E y W io r- > d f7 0 0 QS L O 4 03 L K7 co 0i O N hl fh V LO LO W r N M f+] M q-�vQ 7 rr rrr Q U c m m m � rn N a) i m a a0 U C > tu R [ 0 [ � O _ E t LO p — 0 r zf, DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Appendix 10 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY REPORT For Randall Curve MPUD (Collier County, Florida) April 17, 2020 Coun TIS Review Fees TIS Methodology Review Fee = S500.00 TIS (Small -Scale Study) Review Fee =$1, 500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 471 1 7TH AVENUE SW NAPLES, FLORIDA 341 1 9 CERTIFICATE or AUTHORIZATION No. 27B30 (PROJECT No. 1 91 01 1 ) IIIfllEaPres�A PM S[� A e ° ► AAr' i� rVQ 4 � 3g60 O. arEo� JAMEfS BANK.&I /�� �tj FLoR REG. No- °44;# lS`I41_ 0 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B APPENDIX A INITLA,L 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:4-17-2020 Time: Location: Collier County 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: Randall Curve MPUD Location: Northwest corner of Randall Boulevard and Immokalee Road Land Use Type: Multi -Family (400 dwelling units which can be converted to Single - Family units within PM peak hour trips cap allowance) and 150,000 s.f- of Commercial Retail/Office) ITE Code #: LUC 220 and LUC 820 Proposed number of development units: Multi -Family (400 dwelling units which can be converted to Side -Family units within PM peak hour trips can allowance) and 150,000 s.f. of Cominercial Retail/Office) Other: Description: Zoning: T-2isting. Vacant C.11lsarsyinbs DeskfoplCOlLf�itli9t611 Randaf! 1POLnning TIS4fuFAtl alogyRepaf.dx MZ DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached Study Type: Major TIS Study Area: Boundaries: Based upon the County's 21/o, 2% & 3% impact rule. See attached Additional intersections to be analyzed: Horizon Year(s): 2027 Analysis Time Period(s): PM Peak Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, 1 Oth Edition (Table 1) Reductions in Trip Generation Rates: Pass -by trips: Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: Collier County's 5-year CIE - Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based upon manual assignment See Table 2 & HjWe 2A and Figure 2B Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested tips method whichever is greater. C:1Usersy'mbavlDeskiopiGO[L1ERI18f011 Randall CFDlxaning T1W�ffiodofogyRepoifdw (43 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B Special Features: (from preliminary study or prior experience) Accidents locations: Sight distance: Queuing: Access location & configuration: Traffic control: Signal system location & progression needs: On -site parking needs: Data Sources: Base maps: Prior study reports: Access policy and jurisdiction: Review process: Requirements: Miscellaneous: Small Scale Study — No Fee Minor Study - $750.00 Major Study - $1500.00 X Includes 2 intersections Additional Intersections - $500.00 each None All fees will be agreed to during the Methodology meeting and must be paid to Transportation prior to our sign -off on the application. SIGNATURES Study Preparer Reviewers Applicant C:1lfsefSlfmbS�AAD2SNfopICOLL1FJ�iB7o17 Randall GPOIzoNng T1S 000d010gyRfW0rt x M4 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 0 Deeato Boulevard EvargM— BW a1 0I S i; = tBth Street NE o _I c al I o l I Bih Street NE �► � I I � I s1 w. a I 357 ... a 0) 0 1 El m al a - O z Wo= h waadcmt I �' Z rl I € I 107 —1-57, 20% 17 — Collier Boulevard (CR 951) "• I I a N ¢ � c Logan BouSanfa BarU�ra Boulava I ..��levard�� � _� _� r 5 I-75 Bonita Gm2t Ur 1 0% 0 � �175 I v G\ 3% + A k N _► Lh ingston Rood _....� IT=fxl Pam - LEGEND Airport Pulling Rd Dom- Residential Traffic Distribution Randall Curve MPUD 1 17, 2020 JMTRAN5PORTATION ENGINEERING, INC. RESIDENTIAL LAND USE PROJECT -GENERATED FIGURE 2A TRAFFIC DISTRIBUTION DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 0 5�W Desoto Boulevard I 2% 1, 0 x E E � _ Q �� �► Everglades Blvd �I b °I #I lf] I S 161h t NE m a m ° �I �I N a. 5% o 'd� Sth Sheet NE _5%Ls ► u'I Ito I I z0% I4� W::Icon Soule rd �I i7 � =I N o of Q2 Mcs sy do Woedcrest I S � I h LColter Boulevard (C95b I I al I m � 1 al JL- El Logon Boulevard cn Baera m ° nnnite Gran Or � i 1-75 �` � c 1 75 I a° Livingston Rood 1Vn&01 PaTkMa r T Almort Pulling Rd LEGEND r 00% Gurumerciul Trurric DisUibuLiun Randall Curve MPUD ri l 17, 2020 JMTRANSP❑RTATION ENGINEERING, INC. COMMERCIAL LAND USE PROJECT -GENERATED FIGURE 213 TRAFFIC DISTRIBUTION MG DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B TABLE 1A TRIP GENERATION COMPUTATIONS Randall Curve PUD Residential Trips Land Use Code Land Use Description Maximum Build Schedule 220 Multi -Family (See Footnote No. 1) 400 Units Code Trip Period Trip Generation Equation Total Trips Trips Enter/Exit LUC 220 Daily Traffic (ADT) = T = 7.56(X) - 40.86 = 2,983 ADT AM Peak Hour = Ln(T) = 0.95Ln(X)-0.51 = 178 vph 41 / 137 vph 23% Enter/ 77% Exit = PM Peak Hour = Ln(T) = 0.89Ln(X)-0.02 = 203 vph 128 / 75 vph 63% Enter/ 37% Exit = Total Commercial Internal Capture Trips (S%) Internal Daily Traffic (ADT) = (Refer to Table 1B) 297 ADT Internal AM Peak Hour (vph) = (Refer to Table 1B) 9 vph 5 / 4 vph Internal PM Peak Hour (vph) = (Refer to Table 1B) 28 vph 14 / 14 vph Total Residential External Trips New External Daily Traffic (ADT) = 2,686 ADT New External AM Peak Hour (vph) = 170 vph 36 / 134 vph New External PM Peak Hour (vph) = 175 vph 114 / 61 vph F—t—to No. 1 - Multi -family units may be converted to single-family units but the Residential External Trips cannot exceed 175 PM two-way trips, M-1 DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B TABLE 1B TRIP GENERATION COMPUTATIONS Randall Curve PUD Commercial Trips Land Use Code Land Use Description 820 Shopping Center Code Trip Period LUC 820 Daily Traffic (ADT) AM Peak Hour (vph) _ PM Peak Hour (vph) = New Daily Traffic (ADT) = New AM Peak Hour (vph) = New PM Peak Hour (vph) = Maximum Build Schedule 150,000 s.f. Trio Generation Equation Ln(T) = 0.68Ln(X)+5.57 = T = 0.5(X)+151.78= 62% Enter/38% Exit= Ln(T) = 0.74Ln(X)+2.89 = 48% Enter/52% Exit= (ADT) x (% of New Trips) (AM) x (% of New Trips) 62 % Enter/ 38% Exit = (PM) x (% of New Trips) 48% Enter/ 52% Exit = Total Commercial Internal Capture Trips (5%) Internal Daily Traffic (ADT) _ Internal AM Peak Hour (vph) _ Internal PM Peak Hour (vph) = Total Commercial External Trips Total Triers Trips Enter/Exit 7,921 ADT 227 vph 141 / 86 vph 734 vph 352 / 381 vph 25% Pass -by Rate 5,941 170 105 / 65 vph 550 264 / 286 vph 297 ADT 9 vph 5 / 4 vph 28 vph 14 / 14 vph New External Daily Traffic (ADT) = 5,643 ADT New External AM Peak Hour (vph) = 162 vph 100 / 61 vph New External PM Peak Hour (vph) = 523 vph 250 / 272 vph Total External Trips New External Daily Traffic (ADT) = New External AM Peak Hour (vph) = New External PM Peak Hour (vph) = 8,330 ADT 331 vph 136 / 195 vph 699 vph 364 / 334 vph Zr DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B 10000000000000u)WwO000aOww�00wW�0�000 `--z z z z z z z z z z z z>->->-z z z z z z z }} z z z z �_ rn 41 (D N N M C\[ m M (0 T M 1` (0 00 r r- r 0 (0 O CO 0) LO O O LO N 0 O 'qr N O 0 0 IT O cam. (D N N (D OD a) Ln N r-- r-- m to 4 N m qr co 0-) 00 r-- LO r,'t OO't Kt C) CD :T r-- M r- Cl. r 0 0 0 0 0 0 0 CD CDr r N Ln m N C)CD 0 m N r T m (D co T co O T C�1 � 0 0 0 o 0 0 0 0 0 o 0 0 0 0 o a o 0 0 o o a o 0 0 0 0 0 0 0 0 Nm m m co m co m m m m m m m m co m m m m m m m m N N N N m co N co co N N CV U Y L M a 00. co r-cor-mU)00�r-r� r O Tr�N co co LO t--m')matnm0m m O D Y t m CC) �r T r o CC) r T r N M LO T r r m r- r` � M N (0 LO N T N rT a.za > CU x Q co U') co (D N co co c') N CV OD a) T � 00 00 1` O � (M co m co cY r-- V rti -t �? p Y Y co L+7 Lt) T N N T co CV N LO 00 ~ r r T T r CV ' co CD r- V CO N (O LD N r N r C*J r a 0- a 0 0. M ce) L!.) LO CD CO C� CI) 00 LO CO m CD LO M LO m m E 1L C y M LO LC] OD CO LO M co M LO COT N N O T M M M LO r OD LO LO m N T (O LO N T N r C) T 0 a O U z 0 � L L.L x O L LO LO LO CO CO U') co M m LO Co Nr r` N o � M [') M LO V' CD �t 00 r- � CO It r- V r- V M I- .L M r N CO r T T L.C) (O A N T CD LO N T N T T O a a > U F- L) w w o d O 4 O O O O O o 0 o O O O O O 4 O o o a O Q a o 0 9 p O o 'p D a 0 M T 0 0 0 T CD Lf) LO C7 LC) C� CDCDL L e r N N m M N r T N CO LO , CO V LOT T N Lfl m N N r r N N r Ln r LO L() aC a r G O L Y LL Y C M 0 0 Cfl 6) r i~ N r N N M L CD j M CO V C.0 CO r 00 O N (D CD (D (D CD O a 0 0 CD O C� �j a O 0 z a °LLB O' T N 0 r-- I+ rti r (n M� a r T T T T r� co M cn M 'IT O. (D C) O C) C) C) C) CD C)6 t (O O O CD cO u T r N r T NOz T T T N [� � Y V LO W LIL a 9 Q C y o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fll CD LO CD r- O LD Ln LC) Ln O m O C t LO 0 0 O o LO O O T C) LOr.- 0 0 C) a o 0 0 0 Ww a e T T N �"" �" N M M In 00 T r r N CO m r r r r U W o ro Z O rN o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d d E 000000000000000�0000o0C]OOC70dCD(7CSOC>OCO N fA = t M M M O O O O r r LO LO N M M CO O O o O N 0 0 0 0 CD 0 0 M M 00 M W M M 6,L 0 0 N N N M M m M M m M M m m M m T M M M T T N CV CV N N N co y a O Y d 0 COI❑❑❑wwwwwwwwwwww❑❑www❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ w w 0) 00 �I❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑�❑❑❑❑❑❑❑❑❑»>❑❑ 0 V Ir (D (0 CD (D CO CO Q Q (0 CO CO CO N N CO CO CO N N d' d 'IT N. N N N N N r N V N C9 CD a n m m _CO_ Q 73 � � cc a y a DOC ca a C7 i m FL n a -s o - m a ca CA cu ] La p a) Lt o c¢_ u� Cn Cf) a cd n m 0 ur N > ) C0 ? 0N >aNN ao(U) C O G O cca) OO U O O m E 7 O aw Eo 7o(U W > m C CD m o m a J J O R oN0 N -0w0 tmO WN Lo �a a) w 0,o Wi o o O NiD am O roUQ` w Q) W 0 0 N [Ci OO al 0 mv 7 a c 7 (U Y0U L6 tpco 6) Oa) CD Y O b_ 0 _ ' ca E E E mN .Ln EL CD � E7C� n O w °7 O � U O U w00 M L° ? LO a > m o in y O C7 0 m j �+ O 7 d m 'n m o rl CL m a m N �" Y C 0 C � m @ r '0 C O m a 0 O E CD C C 6 W U _ C7 U J� }s Q w 0 m Q a r '7 N [7 C? C? C7 r N (q d3 9 r O LCS wq _ _ C7 N N N N N O -O o p _ _ M M N o0 m CDN N M L6 co co W h N N 0 N N M M V Lf) Lt) CD O r r •` Z• N N N C2 [2 M M M M M i2 r r- �-- M M c� [�] V V V � �t V V V V LLS � Y- lvli r � r � � � � � r � � r � o ms)nEnvelope ID:ec m285D7A- BBBc5a5A47 #qk7B $ \ E c \ % ° " { f o = Q 2 « § / E § $ g m a t§> CM a@ o z = __ to # CL a G \ IL � M / m $> r 2 z - CI) 2 m° r � > ) w § § / ° §) ¥ f » F m } § \ § \ / It ] ] > n QQ ; > e a m m Z_ § \ \ \ \ \ \ 2 k k § \ / � \ « « Q w 4 4¥ & ¥ W w w w w LU J � % a\ u z & z m k u u m z F- 0 g§ o o N o k) 7 E# z % e n % Q 7 G04 2\\ � J a) \ O / } > « G j) co _ = o [ \ ] ƒ 7 > 3 § J/} O a I A 2/ A k 2 a s 7, \ G w a o u o - ` f i \ / - 2 { \ J / / j k } ƒ / \ , E E § / d$) a d £ £ u £ t u > } k ƒ I o _ J I \ \ k / 3 > k 3 ) w \ 0 o g (q = o 6 ° ) ) \ § % @ $ $ ¢ � �Id DocuSign Envelope ID: 71C9B826-5D7A-44BF-BC53-5A478858947B y NI r r N p z O z O z O z Y 3 C L O o 2 p !n O W L- rl a U m ❑ U in u❑ U 3 � a m a C .+ 3 p O NO {p N F- 4f7 N 00 LO Lf1 r .-- CO [h C y L m O O h Eq N cp Cr ECr r CO cD C4 '� N V O r r p CD 0 0 O r CD CD a c� 0 7 Q ° o 0 0 0 0 o 0 2 o � m I_ i Y co M co Q O O O O O O O � p C/, a a > > CO r7 CI) O � N N N N O � m U � X w _0 J 7 O Df f• = O m NO V " CQ V O r N 41 61 ui c O N •� y M Y= If) co m CI) cv lam() C2 ( 0) F- L U z a Q m a m m E y a o ❑� z � m a m a` z j m Q Y L A Y U y Q 0. a _ Lo r r co ti r` � cD rn N CV CD U o z z 3 � ,m y LI w Z Z co w z w w w w w z U� w � w m G r E "CS N N N 0 d a er- coe o W N ..,!„��!!1 U 0) L ❑ (n m CO W Z N y N N )C pl w w a d U m m m CO LL ❑ pp J a s m + m 2 a w z w z w w w w zLU - co w W = X � o 0 fy a N= d° "0� � o r- a M rn rn v o o O N V N cce1 M co r V N W m a m 3 a a UC c�i O m y ��' ¢CD 0 0 0 0 N O �j I Nr z Cl co CI) CY) Cd o7 Cp tl N m p N N N N t U 0. Y Q ) � U U � a) m ro ❑ C7 m o � d 7 7 c _0 N _ — (U Ea _ O -� O CU h O j (D O N N 7 m O O CJ U w -o m o -a O L o m uu w ED° m m m ° m cc -0 m °7 v � '0 m O _ 0 ¢' O O rn O rn O O E E N E L N YO U t2' O U E Ew c0 w > c ,.L. E "Fa E w O fl a O o m co M > m irs j 0 > m N S6 _ CD [A d N o m o E0 v0i C EL 3 E > _ O 0: w Y E O 13 O 0 CO 0 m o O Ea N N o m - t6 0 E- W ra V +n I' ITLO u t [D r r r r r� Mt- Z i I COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: PLANNER: PETITION NUMBER ASSOCIATED WITH THE WAIVER: PL20190002356 (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: Randall Curve MPUD LOCATION: (Common Description) The subject property is located on the northeast corner of Immokalee Road and 4th Street N.E. SUMMARY OF WAIVER REQUEST: The proposed MPUD site is 50.18± acres and is currently undeveloped. The Archaeological Probability Map #9, shows the project is not located in an area that indicates areas of Historical/Archaeological probability or known sites. The project is located in Section 22, Township 48 S, Range 27 E on the west side of Immokalee Road. (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Historic Preservation/Forms/rev. 06/05/08 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A. Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Richard D. Yovanovich as Successor Trustee, Contract Purchaser Mailing Address: 4001 Tamiami Trail North, Suite 300, Naples, FL 34103 Phone: (239) 435-3535 FAX: E-Mail: ryovanovichkcyklawfirm.com B. Name of agent(s) for applicant, if any: D. Wayne Arnold, AICP Mailing Address: Q. Grady Minor and Associates, P.A., 3800 Via Del Rev, Bonita Springs, Florida 34134 Phone: 239.947.1144 FAX: 239.947.0375 E-Mail: warnoldAgradyminor.com C. Name of owner(s) of property: Collier Mailing Address: 3335 Tamiami Trail E, Suite 101 Phone: 239-252-8999 FAX: E-Mail: Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk's Office at the original scale) with subject property clearly marked.) A. Legal description of subject property. Answer only 1 or 2, as applicable. 1. Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: Golden Gate Estates Unit 22 Plat Book 7 Page 83-84 Unit Tract A Lot Section 22 Township 48S Range 27 E 2. If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial Historic Preservation/Forms/rev. 06/05/08 photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. B. Property dimensions: Area: 2,185,840 square feet, or 50.18± acres Width along roadway: 2,291± feet (41h St. N.E.) and 2,670± feet (Immokalee Road) Depth: 1 C. Present use of property: Undeveloped, ROW and Water Management Area D. Present zoning classification: E, Estates SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an area has been excavated. A. Waiver Request Justification. 1. Interpretation of Aerial Photograph Photo shows property undeveloped and portion cleared for water management area (county site). 2. Historical Land Use Description: Undeveloped residential. 3. Land, cover, formation and vegetation description: Approximately 43.9 acres of the site contains native vegetation, approximately 1.5 acres is 41h St. N.E. right-of-way and approximately 5 acres has been cleared for water management.- 4. Other: B. The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall Historic Preservation/Forms/rev. 06/05/08 be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. SECTION FOUR: CERTIFICATION A. The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B. All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 t/2" x 14") folder. Signature of Applicant or Agent D. Wayne Arnold, AICP Printed Name of Applicant or Agent -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION - SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: ❑ Approved on: IC ❑ Approved with Conditions on: By: (see attached) a Denied on: _ (see attached) R-A Historic Preservation/Forms/rev. 06/05/08 4 RNG 271 RNG 28 22 23 24 19 C.R. 848 20 21 22 A� y 27 26 25 30 29 28 a 34 35 36 31 32 33 �� 34 2 1 6 5 4 3 12 7 8 9 10 (d it x 14 13 18 17 16 1,5 �5 C.R. 858 23 24 19 20 21 22 a Subject Property 777 26 29 28 27 w z 35 36 31 32 33 ;'>y 34 LEGEND INDICATES AREAS OF HISTORICAL/ARCHAEOLOGICAL INDICATES HISTORIC STRUCTURE (NOT TO SCALE) ® INDICATES ARCHAEOLOGICAL SITE (NOT TO SCALE) INDICATES HISTORIC DISTRICT exnewx.aw 9/:aoo coum cowm caw wwe wuaw rcru�mwr 1'=4300' TWP 47 TWP 48 CORKSCREW SE QUADRANGLE AREAS OF HISTORICAL/ARCHAEOLOGICAL PROBABILITY O IF ORANGE TREE BOULEVARD f SUBJECT PROPERTY _ 1 i 4t 1 � CIO 'r Z r was \ EER 0 . . 1000��_ 17QND�ALL BOULEVARD ilk I M 0 200 400' 8 SCALE: 1" = 400' - WHEN PLOTTED @ 8.5" X 11" _ RANDALL CURVE MFUD SCALE: a -°e 5 x , radyMinor o.CradyMnorand1olalP.A. 81100NolR O➢ .or: recIRP1 RonRaSprings.Florlda AERIAL LOCATION MAP ➢ATE RIL Civil Engineers . Land Surveyors Planners . Landscape Architects —P-ME Cert. oeAdm.EB0005151 Cert. oFAeth.LB0005151 Monem LC 26000266 SOURCE: COLLIER COUNTY PROPERTY APPRAISER, FLOWN: JAN 2020 AERIAL SHEET 1 OF 1 Bonita Springs: 239.947.1144 uwu. f. radyt/innr.cnm Fort Myers: 239.690.4380 03121/1999 01:23 01/06/2021 10:41 RECEIVED 01/06/2021 11:03 2394301502 4122783517 4122783tI7 CROWN MANAGEMENT GROWN CROWN PAGE 02 FACE 01/02 Janusty 6, 2021 Y' e CROWN Ijeidi Asht=-Quo, Esq. Ma nagtng Awistaxxt Couxity AttOrney MARASM $ENCH, LIL Q�fice of tj�e CoMer Corny A tbomey 207 Cbvq MR N R 2800 NoXth HOMe$'hOe L1rive pmta, FWWy1mik 15142 Naples, FL 34104 pi,�ct; (4l2} �78.,3510 Vat: (412) 27&- 517 RE: Rmdoll Curve M-PUP Dear H%A i., Per the p-UD Moxutoring langzaage below, Crown M&nagement Saet+iaes, LLC agrees to be the Managing Entity for PUD monitory and responsibility for £u1511 eut o£ TITM coxr u itrntmts. one etatity (hCreinaoer the NE%t"jng Entity) shall be Tesponsible for PUD monitoring until close -Out of the PM, and this entity shell also be xe pwslble for satist'ing all PUD comtmltnmtAts until close-out of the PUT). At the time of this l'UP a royal, the Max*gititg BAtity is C1rowxk Maxaapment Services, LLC, 207 Chwx y Hill Dt jve, Preata, PA, 1 S 1,42- 10$7. Should the MRnaging 1J00y de5im to transfer the MUnitoaring and COMM t ants to a sucocs QXr atrtity, 'hCA it ttlust provide a copy of a legally binding doement that, aeads to be approved for legal sufficiency by the County Attorney, After such a roval, the Maoaging Entity will be releaemd Of its Obligations upon writtes apWval of the trartafe by CouiAy staff and the successor entity $hall Won a the Mataging Entity_ As 4w;= and Developet sell off tract, the maaagins FjAity shall provide written notice tv county that jac]udes an ackun0edg" oftt- c mitrnents required by ibe PUD by the rww owner arld the new owners agaemmlt to canlply witb the Commit3ontettts through the Managing ]rnrtity, but the Mmaging EnflV sb&U not be relieved of its responsibility under this Section. When the PUD is closed -alit, then the Adana ng F-wity is tie longer responsible for the monitoring and Uffilt:nent af PUD 400mmitDeut8 If you Issue any questions regarding this matter, please feel tree to cozatact tom. x y , Crownidm t RAC/vTn N INSTR 6057085 OR 5945 PG 1946 RECORDED 5/12/2021 10:22 AM PAGES 11 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $95.00 AFTER RECORDING RETURN TO COLEMAN, YOVANOVICH & KOESTER, P A ATTN MATTHEW L GRABINSKI, ESQ 4001 TAMIAMI TRAIL N , 4300 NAPLES, FI # 1,63 239-435-3535= SHARED ACCESS AGREEMENT [BCHD PARTNERS I & CROWN] This Shared Access eement ("Agreement") is made effective as of this ,� day of 2021;< "Effective Date"), by and between BCHD PARTNERS I, LLC, a Floi ida limited liabili company ("BCHD , antl Richard Yovanovich, Trustee ("Crown") BCHD and Crown are ieferied to herein collectivel he.Varties" and individually as a "Par•ty" This Agreement is joined by Collier County, a political subdtvi�siomofthe State of Florida ("County") RECITALS A BCHD is the owner and dev lbpel 'bf that certain real property located in Collier County, Florida, and desci abed moie particularly in those c attajti, deeds recoided in O R Book 5243, Page 2746 and OR Book 5623, page 3977, all of the public reeoids o Colher County, Florida, which property is depicted on Exhibit "A", attached hereto ("BCHD Property' B Crown is the contract puichasei of that cja,n real property located in Collier County, Florida and lying immediately south of the BCHD Prop y, 0,inoie particularly described in Exhibit "B", attached heieto ("Randall Curve Property") C Hereaftei, the BCHD Property, and Randall Cuive'Pioperty are collectively referred to herein as the ("Parcels"), and each a ("Parcel") The Parties ai—ping individual re -zones of the Parcels and mutually support the re -zones with no objections D In conjunction with its to -zone of the BCHD Piorty,_ BCHD anticipates teceivmg permission from Colhei County to access and make improvements to the e6'xisti4g tiaffic signal device and ielated improvements, including, but not limited to, traffic stacking lanes, pestilan signals, pedestrian crossing bars, pedestrian ciossing signals, curb modifications, mast aims; loeps; contiolleis, electrical service, pavement markings, as may be applicable (collectively, "Access'aad Traffic Signal Improvements" and sometimes tefet red to herein as the "Project") to be located at tvie proposed entrance I to the BCHD Property off of Immokalee Road, as generally depicted on the conceptual site plan ("Site I Plan") attached hereto as Exhibit "C" E The parties have agieed that the BCHD property will provide the Randall Cuive Property an intetconnection that will benefit Ciown and access to the traffic signal ("Traffic Signal") and, in consideration theieof, Crown agrees to piovide a reciprocal access easement through the Randall Curve Property, as set forth more particularly hetem. BOARDOOFVCOUNTY OMMiSSIONERSL COLLIER COUNTY FLORiD� PUR UANTTOTHE PPO`!Ic ` i5 OF RESOLUTION Nu alalrj--3 ° SHARED ACCESS AGREEMENT OR 5945 PG 1947 F The Parties have futthei agieed that in connection with Gown agtee►ng to p►ovide the iecipiocal access agreement through the Randall Cuive Property, BCHD will include the impact that the Randall Curve Property will have on the entrance to the BCHD Property off of Immokalee Road when it prepares and submits its final plans for approval of the Ptoject and the Access and Traffic Signal linpiovements to ollier County J N6*fUl5kEF0RE, to considei ation of the mutual covenants and obligations set forth herein and othe► good and va , bl�consideiation, the receipt and sufficiency of which aie hereby acknowledged, the Parties agree as followsil 1., above recitals aie true and couect and aie incoipotated herein by reference z ionstructron of the Access and Traffic Signal improvements By no later than thirty (30) months after BCHD obtains a r -zone of the BCHD Property with any applicable appeal period having expued without a challenge tllreto ,BCHD, shall design, pe►mit and through a contiactoi designated by BCHD, commence and thereafter �cntiu nously and diligently puisue construction and installation of the Access and Traffic Signal Impio%emei is,,depicted on the Site Plan, in accordance with the applicable County and state petmits telated tb°ereto,. `All expenses and costs associated with the construction and installation of the Access and Ti affic Stgtia) ltpi ovements shall be the sole obligation of BCHD, provided, however, that in the event the consti uctipt an) installation of the Access and Traffic Signal Improvements have not been completed by the expira""of the Term of if BCHD does not timely commence and reasonably work continuously and diligen`fa ttpnstiuct and install the Access and Traffic Signal Imptovements, then Crown shall have the; ight;, ut not the obligation, as Gown's sole and exclusive remedy, to construct and install the Access',a Tra 'ic Signal Imptovements on behalf of BCHD in accordance with the terms of the final approved"S t PJaiq, and BCHD will cooperate in good faith with Crown for the purpose of obtaining any applicable�eirftitsr ,, In the event Ciown exercises this right, then BCHD shall within forty five (45) business days of t eceipt of4titten demand for i eimbursetnent of Crown's costs in connection therewith, deliver payment to Cr6.� IfBCHD fails to timely deliver said payment, then Crown shall be permitted to lien BCHD's pioperty attd shall?be permitted to charge interest at the rate often percent (10%) per annum, compounded annually, unofl s c time as BCHD fully ieimbutses Ctown for the costs of constructing and installing the Access and Tiaw'O Si ` nal Improvements 3 Agreement to Giant Reci local Access for Fionta e.Road , Attached hereto, for reference put poses, is a conceptual site plan that depicts the relevant portions o he;Nrcels, including the location of the Traffic Signal (which is proposed at the entrance to the BCHD Pioerfy from Irnmokalee Rd (duectly opposite Otange Ttee Blvd) The Site Plan also depicts the appioximate t 0Vi and location of an mteiioi frontage access road (shaded in giey on the Site Plan) that will be conshucte ; by BCHD and Crown on then respective parcels (the "Shared Access Road"), with such access t�c n ctrng at the common boundary of the Parcels in the geneiai location as depicted on the Site Plan (thi "Co n` etion Point") The exact location of the Connection Point of such access road will be deter mined at such time as BCHD obtains the initial site plan and/or plat approval fat any portion of the BCHD Property BCD/ and Ctown will make their best efforts to cooidinate the Connection Point and share site plans `they aie submitted for approval. a At such time as the exact toute and location of that portion of the Shated Access Road located on the BCHD Property is determined, BCHD and Crown (or the County, if the County is still the fee simple owner of the Randall Curve Property) will enter into a tecipiocal access easement ("RE A"), whet eby BCHD grants to Clown (for the perpetual benefit of the Randall Curve Property), a non-exclusive petpetual access easement enabling pedestitan and vehicular SHARED ACCESS AGRFEMrN r G OR 5945 PG 1948 mgtess and egtess to and from the Randall Cuive Property, through the Connection Point, over the Shared Access Road located on the BCHD Ptopetty and out to the Ttaffic Signal, it Crown/County giants to BCHD (foi the perpetual benefit of the BCHD Property), x " " a non-exclusive petpettial access easement enabling pedestt tan and vehicular ` mgtess and egiess to and fiom the BCHD Property, through the Connection Point, over the Shared Access Road to be located on the Randall Cuive Ptopetty and out to; Immokalee Rd fiom the Randall Curve Property The exact location and configuiation of the Shated Access Road on the Randall Curve Ptopetty will be -, e04nined at the time Crown seeks a plat foi the Randall Curve Property b The RE k` shall be in tecoidable foim and shall tun with title to the Parcels The REA shall piovide that u'tttess heiwise agieed, the ownet of the BCHD Property and the ownet of the Randall Cuive Ptopetty shall a tesponsible fot designing, permitting, constructing and maintaining that portion of the Shared Access Road ao�qated on such ownet's Parcel (but such responsibilities may be delegated to a property owners as_ociatprt)-, provided, however, that the REA shall authorize BCHD to entet the Randall Curve Property,<a ;Cippwn to enter the BCHD Property to make emergency repaus to the Shared Access Road in the event of"an. Inergency which would cause urepatable harm, injury, of damage to either Parcel, or both Parcels„ tf sit lf,,paity failed to take emergency action with iegard to such emergency The REA shall also piovid"e hst i6eithei Party acquires additional lands adjacent to such Party's property, that such Patty shall have tpefighti to have such additional lands mcorpoiated into and benefited by the REA Finally, the REA sha4l ptoy. -.that pat king of vehicles on the Shated Access Road is not permitted: _ e c BCHD and CROWN sha h'",( e„ gsponsible foi obtaining the joindei and consent to the REA of any lender holding a mortgage on then iespective Pat cels 4 Notices All notices, demands, requests; aid b Wit.,communications tequired heteundei shall be in wi sting. AI I such notices, dernands, t equests and othe(comt�iunications (and copies thereof) shall be deemed to be delivered. (a) if sent electronic mail of othei�e,1[901onic tiansmission (however, facsimile is not a valid method foi delivery of such notices), upon tecetpt of the swine (but only so long as a copy of the notice is also sent by another method provided foi in this Section); (b) sent by a reputable nationally recognized overnight courier with confiimation of delivery, with iequ st for next business day delivery, upon tecetpt of same of iefusal of delivery as evidenced by the of such tout ie►, of (d) if sent by United States mail, registered of certified, return tecetpt requested, post a"piepaid, upon tecetpt of refusal of the same, as evidenced on the return receipt, addressed as follows t to su�h othei address as the Parties may specify by notice given pursuant to this Section) J 25 If to BCHD BCHD Partners 1, LLC c/o Barton Colhei Companies Attn David Genson 2600 Golden Gate Pat kway Floi ida 34105 Phone.239-262-2600 Fax 239-262-1840 Email d enson baiioncolliercoin With a copy to Matthew L Giabinskt Es SHARED ACCESS AGREEMEN 1 C� OR 5945 PG 1949 Coleman, Yovanovich & Koestei, P.A 4001 Tamtamt Ttail N Suite 300 Naples, Florida 34013 Phone 239-435-3535 Fax•239-435-1218 Email m rabinski c klawfirm com J"f to own Richaid Yovanovtch, Trustee Coleman, Yovanovtch & Koester P A � 4001 Tamiami Trail N , Suite 300 Naples, Floi ida 34013 Phone 239 435-1218 Email r ovanovich c klawfirm corn With a copyto E T QU1nCV Jones .ar Sa eStone Pai tnei s, LLC 5775 Glemid e Dive, Bldg B Suite 120 ` Sand S i in s, Geot to 30328 Phone 770 712-5586 Email qj@sagestonepartners coin 5 Estoppel Within thirty (30) days- r koe:wt itten tequest of etthei Party, but not mote than three (3) tunes pet calendar yeai, the other, ncgn=reg,uesting Party shall dehvei an estoppel letter ("Estoppel') to the tequesting Party stating (i) whether any4mounts hereundet aie owed (oi claimed to be owed) by the requesting Party through the effective d of1this, Estoppel and, if so, stating the amounts owed (oi claimed to be owed) and the puiposes theiefd1;. (u) whether the requesting Party is in compliance with the terms and conditions of this Agteetr►en and fnot, identifying the alleged defaults of bteaches of the tequesting Party The Estoppel shall be deli"ve,te, by the non-tequesting Party to the iequesting Party pursuant to the notice procedutes set forth Itei„I In the event the non -requesting Party fails or refuses to timely provide the Estoppel as set forth hetem, the,non-requesting Party shall be deemed to have waived its rights to any amounts owed and with tespect to an claims under this Agreement which accrued pilot to the date on which the Estoppel was requested Notwith tandmg the foregoing, in no event shall a non -requesting Party be deemed to have waived its lights to certatii'mounts owed if the non- tequesting Party has not received a final invoice foi such amounts, of altelnati "ely, if such amounts owed have not otherwise been set of finalized, on of befoie the effective date o e Tsto pel of the request foi Estoppel, as applicable, 6 Binding Effect, Covenant Running with the Land This Agreementsha14,4#uie to the benefit of the Parties and then successors in title No ptioi of present agreements regding the subject mattet hereof shall be binding upon any of the Parties unless expressly incorporated in this Agreement No modification of changes in this Agreement shall be valid of binding upon the Parties unless in wi iting and executed by both Parties Time is of the essence with respect to this Agreement and the obligations to be performed hereunder 7 Authoi rty to Bind The offrceis, managers and representatives of BCHD and Crown hereby waiiant, represent and confirm each to the other that they a►e fully authoitzed to negotiate, approve and bind then tespective entity to the terms and conditions of this Agreement. Furthe►, the Parties ►epresent to the othet that no other person of entity holds any interest to then tespective Parcels where the Shared Access SHARED ACCESS AGREEMENT OR 5945 PG 1950 Road is anticipated to be located which would prevent the Shared Access Drive from being constructed on the Parcels in the ateas shown on Exhibit "C", The Patties further agree that during the term of this Agieement, and until the Shared Access Dt ive ►s consti acted and the REA entered, that they shall not grant any rights to any person of entity over theft respective Parcels that would prevent the Shai ed Access Di iv`e from being constructed on the Parcels in the areas shown on Exhibit "C" 8 V ntue,Agteement This Agieement contains the entue agreement between the Patties ielati ng to the sulk&t attet heteof. No modification of amendment of this Agieement shall be of any fo►ce of effect unlesdt, in wi iting and executed by BCHD and Crown or thei► respective successors of assigns 9 Time being of the essence of this Agreement Time is of the essence with tegards to this Agi eement? 10 SeveiabilitiaAdWaiwei In the event that any provision of this Agieement shall be held to be invalid or unenforceable, thatpr isl Qn shall be deleted f►om this Agieement without affecting, in any respect whatsoevei, the validity o > e iiinai»det of this Agieement No waiver of any provisions of this Agreement shall be binding, unless-executed,in writing by the Party making the waiver No waivet of any of the provisions of this Agieement sh 11 be deemed or infetied fiom the Parties' conduct of for any other reason, not shall any waivet of a piav0i i po�stitUte a waivet of any othei provisions, whether of not similar. No waiver of any provision of thr,Agteeinent shall constitute a continuing waiver I I Furthet Assurances Withouf add}�i I considetation, the Parties will sign, acknowledge, and deliver any other documents and take anoth faction necessary of appropriate, and reasonably requested by the othei, to car ry out the intent and,*00se of this Agi cement and support the re -zone of the Parcels with no objections 12 Governing Law, Venue This Agieeme shall be construed under the laws of the State of Florida. The exclusive jut isdiction and venue for any disputes , Aci this Agreement shall be nn the Ciicuit Court of Colliet County, Floi ida 13 Negation of Partnership None of the terms. rovisions of this Agieement shall be deemed to create a partnership between or among the patties here,to�- m their respective businesses of other wise, not shall it cause them to be considered joint venturet s or rfrerribe i s of any Joint entet pt ise Each patty shall be considered a separate ownei, and no party shall have thergl'fto act as an agent for another party, unless expressly authorized to do so her ern or by separate wr itten tnSstt>tiipent signed by the party to be charged ;> 14 Term This Agieement shall automatically expire and teimindte, d ;he last to occur of (a) the execution and r ecot ding of the REA, and (b) one (1) yeat following the lien free completion of the work contemplated by this Agieement Upon the occurrence of the last of the foiegping�dbnditions, BCHD and Ctown shall, upon the demand of e►thet Party, execute and iecoid an instrument for the put pose of terminating this Agieement of Record SHARED ACCESS AGRCEMENT C � C OR 5945 PG 1951 In witness whe►eof, the Parties have executed this Agreement as of the Effective Date BCHD Pattnets I, LLC a Hot ida limited liability company Pt int Name By Cieekside West, Inc., =,a a Flot ida cot poi at►on Its Manager By Baron Collte► Management, LLC, ` � a Florida limite ►a lrty c ny � k Its. Authorize ge t By David Genson, Senior Vice President o� Pi int me A, � STATE OF FLORIDA - COUNTY OF COLLIER The foregoing was acknowledged before me ►/ in peisoi Of �f'2tc 12021, by David Genson, as Senro%dlce4#'isi LLC, a Florida limited liability company, Authorized Agetft of.G e corporation, Manager of BCHD Partnei s I, LLC, a Hot ida I jn to :. corporation and companies He is pe►sonally known to me';, ; C [Notary Seal] S i gnatui e ,j"y SABINA E HARDY ` MY COMMISSION # GG 287225 P;rPa EXPIRES January 14, 2023 FOF Fig. Bonded Thiu Notary Public Underwiters Pt inted Name by online notary on this 23 day of Barion Collier Management, le West, Inc , a Flot ida Irty company, on behalf of the Commission Expires SHARED ACCESS AGREEMENT OR 5945 PG 1952 \-I t - 4�,Jl_z Pt nit Name A-M N CW Richat d Yovanovich, Ti ustee P1lilt Name -__ Maureen Sullivan STATE OF FLORIDA COUNTY OF COLLIER°"` . The for egoing was acknowled of r I C_ , 2021, by [Notary Seal] MAU=SULLIVANMY COMM98EXPIRV�tBonded Thru lters Print Name. Pi int Name me P1__ in person of by online no day ovanovich, as T1 ustee He is p nally known to i xk u ,4 Signature of Notaiy Maureen Sullivan O WO-T 1R£QUIQ£D COLLILI Q Ca Attest Crystalj� Kihzel; Clerk Q7 b ' eputy Qflk as to irman's Signature only. Pt rated Name of Notary mission Expires 1/2 �41 7 zY COMMISSIONERS OF LbRIDA By P1 mt N Title Appi oved as to form Jenntfei A. Belpedto Assistant County Attoiney SHARFD AccrsS AGRUMCN r OR 5945 PG 1953 S rATE OF FLORIDA COUNTY OF COLLIER The foregoingwas acknowledged before me of t 2021, by of the Florida, on be* f board and Collier County produced J [Notary Seal] 0 in on or by online notary on this day , as oard of County Commissioners of Collier County He/she is personally known to me of as identification. Signature of Notary DEVELOPMENT AND COST SHARING AGREEMENT C^ 1 OR 5945 PG 1954 EXHIBIT "A" BCHD Property Parcel I: r forth I 0 feet of 1'ract No 116, GOLDEN GA 16 ES I A i'ES, Unit No 22, according to the plat thereof recorded in Plat Book 7; Pa 83-114, of the Public Records of Collier County, Florida Parcel 2 Tract i 18;,GOL N GATE ESTATES, Unit No 22, nccording to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public ltcc ds o£,Collier County, Florida, LESS that portion taken for road right of way pursuant to Order of I along recorded in O K Bocik;3 t. I, Page 500, of the blte Records of Collier County, Flonda, more particularly described as follows A Portion of 7 t I It, i'nGOLDEN GATE FSTATCS, Unit No 22, according to the plat thereof as recorded in Plat Book 7, Page 84, of the Public Records of Collier County, Florida, being more particularly described as follows Beginning at the Northeasterly corner of said Tract 1) 8; thence South 01 °30' 15" Fast, for a distance of 172 46 feet to a point on a cirwlar curve, concave Westerly, whose_raidiWpoint bears South 88932'50" West, a distance of 2,814 93 feet therefrom, thence run Southerly, along the arc of said cur c to the right, having a radius of 2,814 93 feet, through a central angle of 03'12'32", subtended by a chord of 157 83 teo at a bearing of South 00°09'06' West, for an arc length of 157 65 feet to the end of said curve, and the Southeasterly corner of's Tract 118, thence North 89040'50" West, along the Southerly Boundary of said 'tract 118, for a distance of 50 10 fcef,.to a pc4ty on a circular curve, concave Westerly, whose radius point bears North 87'51'02" West, a distance of 2,769 79 feeiktherelrum, thence run Northerly, along the arc of said curve to the left, having a radius of 2,769 79 feet, through a central an­R e,.of 03 38'39", subtended by a chord of 176 14 feet at a bearing of North 00'19'38" East, loran arc length of 176 17 feet,lo t c end of said curve, thence North 01 °30' 15" West, for a distance of 15394 feet, thence South 89" 40'50" Cast, along the Noherly 66undary of said Tract I 18, for a distance of 49 00 feet, to the POINT OF BEGINNING. Parcel 3: All of Tract 119, GOLDEN GATE F,STATES, Unif No 22, according to the plat thereof recorded in Plat Book 7, Pages 83-84, of the Public Records of Collier County F Iori , iMS the Easterly 49.00 feet taken for road right of way pursuant to Order ofTaking recorded in OR Book 31 l 1, Pdge 500, of dip ubhc Recordb of Collier County, Florida And Trace 120, Golden Gate Estates, Unit 22, accoiding td,;plat tl eieof recorded in Plat Book 7, page 84, of the public records of Colhei County, Flot ids i DEVELOPMENT AND COST SHARING AGRrrmENT i OR 5945 PG 1955 All of Tr"' recorded in > Florida, LES; in O R. Book EXHIBIT "B" Randall Curve Property Golden Gate Estates, Unit 22, according to the plat thereof as x-ok 7, Pages 83 and $4 ofthe PUbl1C Records of Collier County, ;E: CEPI'that portion conveyed by Statutory Deed and recorded Page 1358 SHARED ACCESS AGREEMENT *** OR 5945 PG 1956 *** Exhibit "C" Conceptual Site Plan I •ev Vitnccv�[c Auld i `. 'ESTATES � I I lTNhIE TYPE 8 WI➢SCAK SI.FFER D U llVtr{Y :FI 1,tfvD,lbt I REE aayL II I �. ARESERVE N NOnneo f( I C t re weuu.row i,• rMXV.I A. r1• , I WUfWirNrrl — yi' rt � I ' ' !' IIl I OPAAiE1REE BLYD GIL N fONfW[ 15 WIVE FYSE 4lAlASCtPE DUFFER II` � 1` N 1 � .• � _ _ � N- I ll E ESTATES ICI RESCHR[.L �1/r'pU OCuINi Rio[ I f � ! ( n «oa r..l i I I .swcwA fDnci°_�.-.-�. • rz[m,u.l � 4 EOENDDEVIAT F ESrwlEB ,fi *{ .. COMMERCIAL tictw.or(o WRo*osEowwnn,Y,gYYri!.,,. .1 i �� ®GrtDNilllDr �� rplD [ L i.Tls lOw[Y R[f i.l[a ^I[ V[IDlV[lOItO I i utl .RgNllO.[0 Al{Otnll.l I CWD .lR t10M.l,LLi� I� • Ml1lw✓[ • � • I. RrOC m! �ti I ulm n aurrM ji[E 1 ! }k Y. VFIMi« t —now.)) 1j J KV.C� ! l�Iltl I 1,!! IMT! Q. �I ((PMD OR MO(MtR tOMlD'e ln.rlt I � / Y,! a!!glRnat J Y{[ W�r�IOP[o yy� II R SJ ` I— «v.l m. C. I /r oR.RDnwetno �� r(rm,rn / / we Resoumu r r ,rmx,in—�I r LEOENO ro lwe/tu[ F C ♦ a woe nn ewrN 1 I / r sWlUl ,eeR DEVIATION _____ RESIDERTIAL C COMMERCIAL IOi N1'nii -" \ b USE uaaeLMnonD � �ORlD OwaYYn!![ryD I / ! ewYtwC.at 11■■t SCALE 1 .700a AWDAIL MOVE UPIID ®Crad�111nor _„ _ ws~i ru\ t.10. DEVELOPMENT AND COST SHARING AGRL'EMLNT r Best Available Image Randall Curve CPUD (PL20190002356) Deviation Justification Deviation 1 seeks relief from LDC Section 5.05.04 D.1., "Group Housing", which requires the maximum floor area ratio (FAR) shall not exceed 0.45, to instead allow a maximum FAR of 0.6. Justification: Modern senior housing projects provide a significant array of recreational amenities, which when provided within the building increases the total square footage of the structure, therefore, increasing the FAR. Newer senior housing projects also provide more spacious interior living space, necessitating a larger FAR. 2. Deviation #2 seeks relief from LDC Section 5.05.05 D.2.a., "Facilities with Fuel Pumps" which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: Facility with fuel pumps sites shall be separated from residential property by a thirty-foot wide landscape buffer and an architecturally designed masonry wall. The masonry wall shall be eight (8) feet in height, centered within the landscape buffer, and shall use materials similar in color, pattern, and texture to those utilized for the principal structure. The masonry wall shall be located on top of a berm. The berm shall be constructed and maintained at a height of three (3) feet and a maximum slope of 3:1. The berm shall be planted with ground cover. This deviation will instead not require this MPUD to provide a wall or berm to be constructed where the facility with fuel pumps is located within 250 feet of any residential building, located within the MPUD. 3. Deviation #3 seeks relief from LDC Section 5.05.05 D.2.b., "Facilities with Fuel Pumps", which requires facilities with fuel pumps to be subject to the following standards where located within 250 feet of residentially zoned or residentially developed properties: b. Landscaping shall be required on both sides of the masonry wall. On the residential property wall side, a hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. In addition, a row of canopy trees spaced thirty (30) feet on center, and ten (10) feet in height at planting are required. On the facility with fuel pumps wall side, a row of canopy trees, spaced thirty (30) feet on center, and twelve (12) feet in height at planting are required. A hedgerow consisting of #10 shrubs, spaced three (3) feet on center, and four (4) feet high at planting and five (5) feet high within one year shall be provided. Required canopy trees shall be staggered to accommodate the canopy trees on the residential property wall side. August 6, 2021 © Grady.Nlinor Page 1 of 5 RCIRP-19 Deviation Justification-r4.docx Civil Fngincers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com This deviation will instead allow this MPUD to provide a 15-foot wide type'B' landscape buffer planted with minimum 14-foot-high canopy trees (6-8' spread and 3-4" caliper) planted 20 feet on center, and a hedge 3 feet in height at installation and permanently maintained at a minimum height of five feet along the lot boundaries facing the internal residential tract. Justification for Deviations #2 and #3: The subject PUD is a mixed -use project under unified control whereby a number of commercial land uses are anticipated to be constructed in close proximity to residential uses. A facility with fuel pumps is intended to be developed on one of the commercial tracts located on the projects Immokalee Road frontage. While there are two estate lots located west of 4th Street N.E. that are just under 250 feet from a commercial tract. The LDC required buffer will be provided for any external residential use within 250' of the facility with fuel pumps. It will be separated from any internal residential tract by the internal reverse frontage road/access easement. The residential developer within this project will be aware that a facility with fuel pumps may be constructed within 250 feet of the residential tract and the deviation will serve as notice as to the minimum buffer required between the two uses. The residential tract will be in closer proximity to other commercial uses which do not have restrictions as to their location, nor do they require additional buffering. 4. Relief from LDC Section 5.05.05 13.1., "Facilities with Fuel Pumps - Table of site design requirements", which establishes yard requirements of 40 feet for side yards and 50 feet for all front yards, to instead allow the North directional side yards to be reduced to 20 feet and the West and South directional internal front yards to be reduced to 25 feet. The East directional front yard adjacent to Immokalee Road shall be a minimum of 30 feet. Justification: The project is a mixed -use PUD under the unified control of a single entity. The resulting project will have a Property Owner's Association that will establish community aesthetic and standards for all lands uses developed within the PUD. The general yard requirements for facilities with fuel pumps are applicable to all commercial properties within Collier County, which includes numerous C-2, C-3, C-4 and C-5 properties which are not subject to the unified development standards within the Randall Curve MPUD, nor are otherwise governed by a Property Owner's Association which regulates development within the overall project. The PUD document establishes standards which govern all commercial and residential uses, and the general yard requirements for facilities with fuel pumps are not necessary within the MPUD. 5. Deviation 5 seeks relief from LDC Section 6.06.01, "Street System Requirements", which establishes a minimum 60-foot right of way width for local streets. This deviation proposes to instead allow for private roads within the site to be located in a 50-foot wide access easement or private Right -of -Way. August 6, 2021 W Gradyil+linor Page 2 of 5 RCIRP-19 Deviation Justification-r4.docx Civil Fnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Justification: This is the same deviation as our neighbor to the north and we are required to interconnect to their roadway network. It is appropriate to allow the internal roadway network to have the same ROW standard. 6. Deviation 6 seeks relief from LDC Section 5.06.04 F.3., "Directory Signs", which requires Multiple -occupancy parcels or multiple parcels developed under a unified development plan , with a minimum of 8 independent units, and containing 20,000 square feet or more of leasable floor area to be permitted 1 directory sign at one entrance on each public street, to instead allow two directory signs which may include signage for the commercial tenants and residential component of the project. Justification: The PUD is a mixed -use project and will have a free-standing residential component which will be accessed via the Immokalee Road project entrance, which does not have direct Immokalee Road frontage. Other commercial uses may not have direct frontage on Immokalee Road and having visible signage at the project entrance will provide a benefit to the traveling public to ensure that motorists are aware of the tenants located in the PUD. 7. Deviation 7 seeks relief from LDC section 6.06.02 B.14., "Boundary Marker Sign", which allows residential developments to have one boundary marker sign or monument structure to be located at each property corner, to instead allow a mixed -use project to have one boundary marker sign at a single corner. The boundary marker sign shall include the logo and/or project name. 8. Deviation 8 seeks relief from LDC Section 5.06.02 B.14.a., "Boundary Marker Sign", which provides "The maximum height is 8 feet to the uppermost portion of the boundary marker structure", to instead allow the boundary marker sign or sculpture located at the intersection of Immokalee Road and 4th Street to be 10 feet in height. 9. Deviation 9 seeks relief from LDC Section 5.06.02 B.14.b., "Boundary Marker Sign", which provides "The sign face area may not exceed 24 square feet in area and may not exceed the height or length of the monument or structure upon which it is located", to instead allow the boundary marker sign or sculpture located at the intersection of Immokalee Road and 4th Street to be a maximum of 40 square feet in area. Justifications for Deviations #7, 8 and 9: The LDC does not contemplate a Boundary Marker Sign for a mixed -use project but does allow this type of signage for a residential project. the developer for this mixed -use project desires to have a Boundary Marker Sign near the intersection of 4th Street N.E. and Immokalee Road. The project access is on Immokalee Road and the developer wishes to identify the project name in advance of the entrance as identification for northbound motorists. 10. Deviation 10 seeks relief from LDC Sections 5.06.04 F.1., "Ground Signs", which allows each non-residential single occupancy or multi -occupancy parcel or tract to have a single ground sign August 6, 2021 © Grady.Nlinor Page 3 of 5 RCIRP-19 Deviation Justification-r4.docx Civil Fngincers • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-] 144 • engineering@gradyminor.eom • www.gradyminor.com along a public street, to instead also allow such parcels or tracts abutting Immokalee Road within the MPUD to have one additional ground sign that is oriented to the internal private by- pass driveway (labeled as R.O.W. or access easement on the Master Plan") that is provided for in the MPUD. The second sign shall be limited to 6 feet in height and 40 square feet in sign area. Justification: The Randall Curve MPUD will be served by a reverse frontage road that will traverse the entire PUD and it is required to connect to the commercial PUD located to the north for access to the traffic signal located at Immokalee Road and Orange Tree Boulevard. This reverse frontage road intended to provide relief for residents, guests, and customers from using Immokalee Road. The applicant wants to ensure that businesses will have appropriate signage on this reverse frontage road to aid in motorists locating individual businesses located within the PUD. 11. Deviation 11 seeks relief from LDC Section 5.06.04 F.2.b., "Outparcels-Ground Signs", which allows out parcels to have a single ground sign along a public street, to instead also allow interior tracts, not adjacent to Immokalee Road, to have a single ground sign along the interior private right-of-way or access easement with a maximum height of 8 feet and 60 square feet in sign area. Justification: This deviation is necessary for both the residential portion of the PUD and the parcel that will be owned and occupied by Collier County Government. Neither parcel will have direct frontage on Immokalee Road, and it will be important to customers and guests to have appropriate identification signage on the property. 12. Deviation 12 seeks relief from LDC Section 5.06.04 F.3., "Directory Signs", which requires a Directory Sign to be a maximum of 20 feet in height and a maximum of 200 square feet, to instead allow the Directory Sign located at the two Immokalee Road entrances to the MPUD to be a maximum of 25 feet in height and a maximum of 250 square feet in size. Justification: This deviation is warranted due to the lengthy property frontage on Immokalee Road and the limited number of access points (two) to the project. This section of Immokalee Road is a six - lane divided roadway and is on a curved portion of the roadway. Appropriately sized signage is critical for visibility to the traveling public. 13. Deviation 13 seeks relief from LDC Section 6.06.01 J., "Street System Requirements", which requires dead-end streets to be designed with a cul-de-sac, to instead allow the internal street to be designed without a cul-de sac. A temporary turn -around or other turnaround acceptable to the fire district shall be provided, as necessary, until development of the commercial areas is complete. If there is a dead-end fire access road that is in excess of 150', then an approved fire district turn -around is required. August 6, 2021 W Gradyil+linor Page 4 of 5 RCIRP-19 Deviation Justification-r4.docx Civil Fnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com Justification: This deviation is warranted, as a cul-de-sac is not necessary to accommodate safe vehicular turnaround for the internal roadway system near the southern terminus of the PUD. No access to 4th Street N.E. is permitted, therefore, the Developer may construct a temporary turn -around or other turnaround acceptable to the fire district which will be coordinated at the time of site development plan approval. 14. Deviation 14 seeks relief from LDC Section 5.03.02 H., "Wall Requirements between Residential and Non -Residential Development", which requires a masonry wall, concrete or pre -fabricated concrete wall and/or fence to be constructed on a non-residential property when it lies contiguous to a residentially zoned district, to instead eliminate the wall requirement between residential and non-residential development internal to the PUD and allow a hedge in addition to the Type 'D' Buffer in lieu of a wall to be constructed on the residential parcel in a 10 foot wide buffer. The supplemental hedge shall be 4 foot at the time of planting and plant ed on 4 foot centers. Justification: This mixed -use development is under common ownership and the Developer proposes to provide a IV wide buffers on each side of the internal roadway which separates the commercial and public use tracts from the residential tract. This deviation will provide appropriate buffering for the site by providing a hedge to be maintained at 6' in height on the property rather than a wall on the commercial development tract. The two 10' wide buffers with no wall are adequate for the master planned mixed use project. 15. Deviation 15 seeks relief from LDC Section 6.06.02 A.1., "Sidewalks and Bike Lanes", which requires a sidewalk to be constructed within public and private rights -of -way or easements adjacent to the site, to instead allow a portion of a required sidewalk to be constructed along the preserve's perimeter berm within a dedicated easement, located adjacent to 4th Ave N.E. where conflicts exist within the ROW. Justification: The LDC requires sidewalks to be constructed within the adjacent ROW. This deviation will allow the Developer to design the sidewalk in a manner to avoid ROW and project conflicts by allowing a portion of the sidewalk to be constructed both in the ROW and within a publicly dedicated easement on the Developer's property when necessary to avoid conflicts. This will allow flexibility and creativity in design of the sidewalk along 4th Street N.E. August 6, 2021 W Gradyil+linor Page 5 of 5 RCIRP-19 Deviation Justification-r4.docx Civil Fnginccrs • Land Surveyors • Planners • Landscape Architects Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.com • www.gradyminor.com .�$triet School � � o ollier 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 F-�Concurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: Randall curve MPUD Project Information: Municipality: Collier County Parcel ID#: (attach separate sheet for multiple parcels): 37690040003 and 37690040100 Location/Address of subject property: 2470 4th St N.E. Closest Major Intersection: Immokalee Road and 4th St. N.E> II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Richard vovanovlch, as trustee and not individually Aqent/Contact Person: D. Wayne Arnold, AICP (Attach location map) (Please note that if agent or contact information is completed the District will forward all information to that person) Mailing address: Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134 Telephone#: 239-947-1144 Fax: Email warnold@gradyminor.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. Owner or Authorized Agent Signature III. Development Information November 18, 2020 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Undeveloped and water management Proposed Land Use Designation: Commercial and Residential Current Zoning: E, Estates Proposed Zoning: Randall Curve MPUD Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 0 Total Units Proposed by Type: 400 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: N N c� II II �wwx II O N O N O N � N N O N N O N �N�zzz� �I w w x c 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. 04 , 04 of M MSUBJECT PROPERTY , >y ORANGE TREE a R0 EE ,NIMO RANDALL BOULEVARD,, - ion SCALE: 1" = 400' - - WHEN PLOTTED @ 8.5" X 11" _ RANDALL CURVE MFUD SCALE: a _ ae ° radyMinor o. Oradp 11nor and nsori. ir.. r.A. .1600,ionr P. s➢n -➢➢E RC IRP Bm,Ba Sp•isg1.Florkla 3413a AERIAL LOCATION MAP ➢ATE: Civil Engineers . Land Surveyors . Planners . Landscape Architects '— —IL xAaeE 20 0 Cert. arA°m.EB0005151 Celt.erAulh L600o6161 B.sm-LC26000266 SOURCE: COLLIER COUNTY PROPERTY APPRAISER, FLOWN: JAN 2020 A Bonita Springs: 239.947.1144 nwn . GradyJf1nor. com Fort Myers: 239.690.4380 SHEET 1 OF 1 AFFIDAVIT OF COMPLIANCE Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) 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 rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the pui poses 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. D. ayne Arnold, AICP State of Florida County of Lee The foregoing Affidavit of compliance was acknowledged before me this November 23, 2020 by D. Wayne Arnold, AICP, who is personally known to me. (Sign toe of Not public) �j W COMMISSION M 2816V Kimberly A. Scher f,•z EXPIRE8.Der12,2022 Printed Name of Notary ,.4gF•' ten,,,, A,e�= GradyMinor Civil Engineers • Land Surveyors • Planners • Lmidscipe Architects NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) A Neighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall — Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Rezone. The GMP amendment proposes to amend the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub -Element to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The new subdistrict will provide for a variety of retail, office, personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units. The companion PUD rezone proposes to rezone the property from E, Estates to the Randall Curve Mixed Use Planned Development (MPUD) to allow development of the property with the retail, office, personal service and a variety of residential land use types. Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18± acres located on the northeast corner of Immokalee Road and 4t" Street N.E. in Section 22, Township 48 South, Range 27 East, Collier County, Florida. SUBJECT , PROPERTY Grove DR w a ua CA a s O� � Rio a w Project Location Map �o� 25th AVE NE 25th AVE NE ♦tee f wa Randall BLVD The Neighborhood Information Meeting is for informational purposes only, it is not a public hearing. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Ph. 239-947-1144 Fax.239-947-0375 EB 0005151 LB 0005151 LC 26000266 www.gradyminor.com pP.Hv APP..I....ONI..iOCPAi. T....,o... U. aPIP-1 g.....o„o..P.....,111.11.1. A, ...... U., U.. cOPA Pa[iti ?1 20190002355(G-) & PL20190002356 (PUDZ) BW/.T: 1000- 1 Data: 11/312020 Site Location: 37690040003 & 37690040100 -ME' ­NAMID NAME4 NAMES N­ UNIII.MR.. A ..... STYP. 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VrvTS LP RV CRESENT N3 CANADALOT xu, zHorvG Twc LAN ZHu 11a CHANCERYCRESCENT oR—S-4N3 CANADA VALENCIA UKES PHASE SA LOT 35 T669BtO6Ta6F GGEACA RO NO.000S06 FOIPIu,FL sa116 NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) ANeighborhood Information Meeting hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Richard D. Yovanovich as Successor Trustee (Applicant) will be held on Wednesday, December 9, 2020, 5:30 pm at North Collier Regional Park Exhibit Hall - Room A, 15000 Livingston Road, Naples 34109. Individuals who would like to participate remotely or have questions or comments should contact Sharon Umpenhour, Senior Planning Technician with Q. Grady Minor & Associates, P.A. by email: sumpenhour@gradyminor.com, phone: 239-947-1144, or mail: 3800 Via Del Rey, Bonita Springs, FL 34134. Project information is posted online at www.gradyminor.com/planning. Richard D. Yovanovich as Successor Trustee has submitted formal applications to Collier County, seeking approval of a Growth Management Plan (GMP) Amendment and a Planned Unit Development (PUD) Rezone. The GMP amendment proposes to amend the Golden Gate Area Master Plan, Rural Golden Gate Estates Sub -Element to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. The new subdistrict will provide for a variety of retail, office, personal service and residential land uses to allow a maximum of 150,000 square feet of nonresidential uses and a maximum of 400 residential dwelling units. The companion PUD rezone proposes to rezone the property from E, Estates to the Randall Curve Mixed Use Planned Development (MPUD) to allow development of the property with the retail, office, personal service and a variety of residential land use types. Access to the property will be via Immokalee Road and a vehicular interconnection with the property located immediately north of the subdistrict. The subject property is comprised of 50.18± acres located on the northeast corner of Immokalee Road and 4th Street N.E. in Section 22, Township 48 South, Range 27 East, Collier County, Florida. IGU GJIGT , a 114flRT7 Urava DR F W s f W SE Z Y r y g �r mih AIiC FIB 25th AWE Nf � Fl nd:.11 91110 I The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002353 Estates Shopping Center Subdistrict (GMPA) and PL20190002354, Estates Shopping Center CPUD Amendment (PUDA) December 9, 2020 PLEASE PRINT CLEARLY ***PiOSC he Rolvised*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: EMAIL: AJ — e VW,, , 0/ ADDRESS:�4Q PHONE:�� NAME:., . 11. _ I I 1/ „ EMAIL: % A i _ _ I - 1 t w I I 1 � P__ I . I -1 V - 121 it t CJ - L %.Jj ADDRESS: ';�9gC) �)"`4 5-r PHONE: NAME: EMAIL: + A 4 C v :�\) I �Lks ADDRESS:1 �\ �� PHONE: NAME: EMAIL: ADDRESS: .)v-3 `{ �.� S�- S L� PHONE: u .Z3 i - r' �y _ NAMES / ,1,0M pJ �n EMAIL: ADDRESS: I I 1 3P_�' S4- AW PHONE: a-A-i 2Sa zit 6'�e NAME: ') AY 1 0 Yf irl f- Il.� EMAIL: , J F7VC. C GY►� ADDRESS: 3 [ �J , f N W PHONE: NAME: 0 IF/l4 ��E C, � /�/ S EMAIL: ADDRESS: 21L� by PHONE: 3 viz D NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet 12-09-2020 L 'cex-( NEIGHBORHOOD INFORMATION MEETING Petitions PL20190002355 Immokalee Road/4th Street N.E. Mixed Use Subdistrict (GMPA) and PL20190002356, Randall Curve MPUD Rezone (PUDZ) December 9, 2020 PLEASE PRINT CLEARLY be t? vMSO*** The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your e-mail address, phone number or home address released if the county receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the county staff on your own to obtain updates on the project as well as checking the county Web site for additional information. NAME: EMAIL: J_� ADDRESS: 016) I4 f�' PHONE: NAME: EMAIL: ADDRESS: ; PHONE: �J6 NAME: /< NM W ¢ i � 0'-7 EMAIL: ADDRESS: PHONE:2N-2_ 90 � q s �? �`('d✓Y� NAME: DAVjD jt` AL_8�2�` EMAIL li T/C?l� �C©IV1 ADDRESS:151B' 15�ve' N C • PHONE:.19- y �_D Z_ NAME: �S d�� EMAI!L: ADDRESS: ; „ PHONE: NAME: �6uS /EMAIL: / , ADDRESS: �[,Q' /1 ,� f�/- l PHONE: NAME: J�Jji cke- eA ADDRESS: ��2n NAME: �,/ EMAIL: PHONE: EMAIL: ADDRESS: } }`� PHONE: NIM Sign -in Sheet 12-09-2020 Randall Curve MPUD and Estates Shopping Center December 9, 2020 NIM -Zoom Participants First Name Last Name Email Registration Time Approval Status Jill Rosenfeld jillfrosenfeld@gmail.com 12/9/202018:25 approved David Dlugolenski dd@sagestonepartners.com 12/9/202017:31 approved Adam Brown ab@sagestonepartners.com 12/9/202017:31 approved Quincy Jones tquincyjones@gmail.com 12/9/202017:31 approved Robert Anderson ander100@comcast.net 12/9/202017:28 approved Maggie Kemp mkemp@comcast.net 12/9/202017:06 approved Michele Vaughan michele@davisgroupga.com 12/9/202017:01 approved Jillian Shaw jillian@davisgroupga.com 12/9/202016:59 approved Collin Johnson Collin@coastal-it.com 12/9/202016:42 approved Ty Thrasher tythrasher@outlook.com 12/9/202016:01 approved Corby Schmidt Corby.Schmidt@colliercountyfl.gov 12/9/202014:03 approved Billy Chambers billy@davisgroupga.com 12/9/202012:06 approved Dawna Livingstone dpipersburg@rembrandtaccounting.com 12/9/202010:02 approved Tim Ross rossdesinc@aol.com 12/8/202023:22 approved Susan Ruesink suerruesink@yahoo.com 12/8/202018:04 approved Mike Dalbey Mtpd7904@gmail.com 12/8/202016:29 approved Peter Brake pbrake@cmcd.org 12/8/202016:19 approved Diane Lynch dtlynch@comcast.net 12/8/202016:08 approved Scott Baxter madpoodle@aol.com 12/7/202020:57 approved Mary Bachelor mabachelor@comcast.net 12/7/202020:04 approved hunter harrison hunter@davisgroupga.com 12/7/202019:54 approved Linnea Chasse linneachasse@yahoo.com 12/7/2020 15:55 approved christopher davis chris@davisgroupga.com 12/7/202015:11 approved Robert Crown bobbyacrown@me.com 12/7/202013:46 approved Richard Eckstein richardeckstein239@gmail.com 12/7/202013:30 approved Barbara Pezzuto Basha324@msn.com 12/7/202012:30 approved J K realestatesouthwestflorida@gmail.com 12/7/202012:25 approved aaron zwiefel azwief@gmail.com 12/7/202012:18 approved C Kaufman Clk_ny@yahoo.com 12/7/202012:17 approved Bryan Bo Bryanbo79@yahoo.com 11/26/20208:28 approved Anita Jenkins anita.jenkins@colliercountyfl.gov 11/24/202017:12 approved Sharon Umpenhour sumpenhour@hotmail.com 11/24/202016:00 cancelled by self Petitions: P1.20190002355, Immokalee Road/4th Street N.E. Mixed Use Subdistrict and; PL20190002356, Randall Curve MPUD Rezone December 9, 2020 Neighborhood Information Meeting (NIM) wGradyNnor Project Team • Richard Yovanovich, as trustee and not individually -Applicant • Richard D. Yovanovich, Esq., Land Use Attorney - Coleman, Yovanovich & Koester, P.A. • D. Wayne Arnold, AICP, Professional Planner - Q. Grady Minor & Associates, P.A. • Mark Minor, P.E., Professional Planner - Q. Grady Minor & Associates, P.A. • James M. Banks, PE, Traffic Engineer - JMB Transportation Engineering, Inc. • Marco A. Espinar, Environmental Planning/Biologist - Collier Environmental Consultants, Inc. 2 Location Map I l H I SUBJECTPROPERTY J r+ I ZI , T I 'y i /. SUBJECTPROPERTY Y! r poPO RANDALL BOULEVARD f_ s�, 'A' 3 OIL WELL ROAD Area Location Map A N Randall Curve MPUD and Immokalee IMMOKALEE ROAD RANDALL BOULEVARD Road/41" St. N.E. Mixed Use Subdistrict Estates Shopping Center CPUD and Estates Shopping Center Commercial Subdistrict GOLDEN GATE BOULEVARD 4 Project Information Existing Future Land Use (FLU): Rural Golden Gate Estates, Estates Designation, Mixed Use District, Residential Estates Subdistrict Proposed FLU: Rural Golden Gate Estates, Estates Designation, Mixed Use District, Immokalee Road/4th Street N.E. Mixed Use Subdistrict Current Zoning: Proposed Zoning: E, Estates Randall Curve MPUD Project Acreage: 50.18+/- acres k, Proposed Request • The proposed Golden Gate Area Master Plan, Rural Golden Gate Estates Sub - Element amendment proposes to establish the Immokalee Road/4th Street N.E. Mixed Use Subdistrict. • The proposed subdistrict will provide for a variety of retail, office, personal service and residential land uses. • Access to the property will be via Immokalee Road, 4th Street N.E. and a vehicular interconnection with the property located immediately north of the subdistrict. • The maximum non-residential square footage permitted is 150,000 square feet. The maximum allowable number of residential dwelling units will be 400. • Proposed rezone from E, Estates to Randall Curve MPUD. rA 0 Proposed MPUD Master Plan II II II o. o, Mua'�Ea S ' Izpsm:anaxoai� euvvsn cE irrm LEGEND ✓REIAnoN RESIDENTIAL C COMMERCIAL - `� '/� uss. cou.sacua N SCALE: 1' = 300 RAN4ILC CURY6 YPUD ®Grade:\1inor �^^�.• �> Y . ram.. w�� wpsrw can xrwsEo: swloiax SITE SUMMARY TOTAL SITE AREA: 50.18* ACRE COMMERCIAL (C) 17* AC (34%) RESIDENTIAL(R) 20.5*AC(41%) 4TH STREET N.E. ROW 1.57* AC (3%) WATER MANAGEMENT 2.8* AC (6%) LANDSCAPE BUFFERS 1.71*AC(3%) PRESERVE 6.6*AC(13%) RESIDENTIAL: MAXIMUM 400 DWELLING UNITS COMMERCIAL: MAXIMUM 150,000 S.F. OPEN SPACE: REQUIRED: 30% PROVIDED: 30% PRESERVE. REQUIRED: 6.6 ACRES (43.9* ACRES NATIVE VEGETATION X 0.15) PROVIDED: 6.6 ACRES DEVIATIONS (SEE EXHIBIT E © LDC SECTION 5.05.04.D.1.,'GROUP HOUSING' ® LDC SECTION 6:05.05.D.2.A.,'FACILITIES WITH FUEL PUMPS- LDC SECTION 5.05.05.D.2.B.,'FACILITIES WITH FUEL PUMPS' ® LDC SECTION 6.05.05.8.1., -TABLE OF SITE DESIGN REQUIREMENTS' ® LDC SECTION 6.06.02.A1.,'SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS' 7 - Conclusion Documents and information can be found online: Gradyminor.com/Plann/*ng Collier County GMD Public Portal: cvportal.colliergov.net/cityviewweb Next Steps Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. CCPC - TBD BCC - TBD Contact: • Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1 144 extension 1249 • Collier County: PUDZ - Nancy Gundlach, AICP, Principal Planner, Nancy.Gundlach@colliercountyfl.gov or 239.252.2484 GMPA - Corby Schmidt, AICP, Principal Planner, Corby.Schmidt@colliercountyfl.gov or ■ 239.252.2944 8 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Richard Yovanovich: You all, we're gonna go ahead, and get started. My name is Rich Yovanovich, and I am the Attorney representing, Crown Management who is the current owner and developer of the neighbor — the Estates Shopping Center piece of property which is at the corner of Golden Gate Boulevard and Wilson Boulevard, and the purchase — the contract purchaser of the roughly 50-acre parcel of property that's at the Randall — Northside of — of Immokalee Road at the Randall Curve piece of property that's currently owned by the County. We're here tonight to do, the County required neighborhood information meeting that is part of the process for doing a growth management plan amendment and for a rezone of a parcel of property. We are — we are in the process of amending the current Estates Shopping Center growth management plan subdistrict, and the, PUD, planned unit development zoning district that is on that piece of property. And we'll go through in the details of what we're doing there. Related to those two petitions is a growth management plan amendment for the 50 acres owned by the County. The parcel will be rezoned to planned unit development well. A condition of our acquiring the property is the successful rezone of the County property and the successful rezone of the property currently known as the Estates Shopping Center. Therefore, if we are unsuccessful either of those, basically, the land will stay as it is currently zoned, uh. As part of the neighborhood information meeting process, we are recording the — we record the meeting. We are having some Zoom participants. So, I — I — I tend to pace. So, if I am— Sharon will bring me back in front of this camera, so there'll be Zoom participants. We're gonna — we're gonna go over both petitions, and then we're gonna open up for questions or comments. When you do speak if you come up to the microphone so we can catch the recording. Also, you're not required to, but the Planning Commissioners prefer if you would identify yourself for the record as you — you could be generic and say I'm a resident of Golden Gate Estates near the Estates Shopping Center or I'm a resident of Golden Gate Estates near the Randall Curve property if you don't want to say your name. But they — they want to know who's commenting and their relationship to the proposed project so they — they can better Page 1 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM understand the context of people's comments. We will try to always say for the record, Rich Yovanovich speaking, and Wayne Arnold will — will do the same for himself. Um, they just wanna know who's talking so they — they can get a better, understanding. We have — sorry — I want to introduce our team, and then we have some County Representatives here. Actually, when I initially spoke, I'm technically the Trustee that owns the property. I don't really own the property, but it's titled in my name, uh. So, I'm — I'm the Applicant on all of these petitions, uh. I'm also the Land Use Attorney on this. Wayne Arnold with GradyMinor is our Professional Planner. His boss is Sharon. He's been receiving all the correspondence with Sharon. If you have any questions, I'm sure your point of contact will be Sharon or Wayne. But if you have any questions after this meeting, you can contact either of them. Mark Minor's not here, but he's a Civil Engineer on the project. Jim Banks is our Transportation Consultant, and Marco Espinar is our Environmental Consultant. We didn't bring Marco into this meeting because I don't know that there are really any environmental issues related to either of the petitions. But if, you know, some questions come up, we'll get back to you on any of those — those questions. As I have — this is — this is the roughly, 60 acres that's the Estate — Sharon Umpenhour: Forty. Richard Yovanovich: Forty acres, sorry. The 40 acres that's the Estates Shopping Center property at the corner of Wilson Boulevard and Golden Gate Boulevard, and the top portion is the yellow. That's the roughly 50 acres that we have under contract with the County, uh. As I mentioned, they're — they're related petitions, and I've already forgotten to introduce Nancy Gundlach who is a Professional Planner on — which one are you? Which one's yours, Nancy? Nancy: I'm on the Randall Curve. Richard Yovanovich: She's — she's the planner for the Randall Curve property, and James Sabo is on Estates Shopping Center, and I think participating by Zoom is Corby Schmitt. Is he on the Zoom? Female Speaker: Yes, yes. Page 2 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne Arnold: And Anita Jenkins. Richard Yovanovich: He — he — who else? Anita Jenkins: And Anita Jenkins. Richard Yovanovich: And Anita Jenkins are both — they are — they are handling the growth management plan amendments, and Anita actually supervises both the, growth management plan staff which is Corby, and the planning staff which is, Nancy and James. If you have questions of any of the County Representatives, they're — they're — they're readily available. You know, I'm sure they have business cards, and if they don't, they'll give you their email addresses. And you can, you can contact them with any — any questions you may have, uh. We're pretty informal. Really what we wanna do is tell you what we have planned with the petitions and then we wanna get your input. We also have representatives from Shy Wolf, who is, gonna be involved in the Estates Shopping Center property. So, if questions come up regarding Shy Wolf, those questions can be answered. I'm gonna turn it over to Wayne to go over the two petitions, and then we'll answer any questions you may have. Wayne Arnold: Thank you, Rich. So, sure. Thank you. I'm Wayne Arnold as Rich said and here representing both petitions, and there are a total of four. They're, growth management plan amendment and a rezoning application — Wayne: — for both applications on both sides. So, what we're gonna do is go through as Rich said both applications together, and then we'll take questions. We just thought it'd be more efficient than to break and have questions and answers on one and then the other. So, hope you indulge us if you're here for one or the other as you're gonna hear a little bit about both because as Rich mentioned they are related. So, the property for the Estates Shopping Center which I'll go through first is zoned planned unit development. We're amending that planned unit development. It's also part of the Estates Shopping Center subdistrict which is growth management category. We're amending that as well. And it's — the — the easiest way to summarize our changes is that we are — it's not — we are —essentially the Estates Shopping Center was approved for 150,000 square feet of Page 3 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM commercial uses. It also required the first commercial use was going to be the grocery store. We are amending that request to reduce the commercial square footage to 50,000 square feet of general commercial type uses, and then we're also making provisions for government uses. A whole series of those governmental uses because Collier County will end up with a — a nominal, 10-acre parcel out of the 40-acre piece. And then we've made provisions for Shy Wolf and its educational programming and then sanctuary use to be on the Western -most parcel. So, we've had to amend the growth management plan language to accommodate those changes as well as our zoning, which lists a very detailed, uses. So, a couple things, we've created two new districts out of here, the commercial district is pretty self-evident. It's going to be right at the hard corner of Wilson and Golden Gate. But the Shy Wolf sanctuary parcel that we're calling it, we're calling it a semi-public use. And we're going back and forth with staff so we may change that terminology, but it allows things like we've talked about, animal shelters, arboreta, exhibitions, their educational facilities. We've made provisions for them to have single-family residential and dormitory use because they are an educational facility, and they're incorporation with Florida Gulf Coast or other universities that come and do some research on the animals. So, there will be provisions made for that residential component, that will probably initially utilize the single-family structures on the site for office space and some of the other uses that they have that eventually those, um, would be significantly modified, and they have a true education center established, and — and other structures. But for now, we've made provisions for them to have up to eight dwelling units on that property. The County's parcel which will be the — [inaudible] [00:09:121. Sorry about that, folks. It's a little slow, but the County's public uses, and I know there's information circulating out there in the Estates about this. So, in the — the growth management plan, then we've made a provision for a total of 50 dwelling units. We haven't been specific as to whether or not those are single-family or multi -family. The County asked us to make provisions for up to 30 units on the 10-acre parcel that they're obtaining as part of this deal. So, in addition to all the administrative, governmental type facilities Page 4 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM that we've listed here by standard industrial classification codes, we've also made provisions for there to be up to 30 multi -family units. The reality is because we have well and septic here, I don't think it's realistic that the County's going to achieve 30 multi -family units on this parcel. We were asked to accommodate that as part of the request; so, we have. I know that that's been some discussion out there about that, and we'll be happy to hear those comments. But, again, we've also made provisions for single-family on the same parcel because should this deal not go forward, Crown Management that would control it, would then have the option to continue to do single-family that's permitted by right today. So, it says in our language that the single-family would be subject to the state's zoning district standards. So, you get what you could have today. So, the master plan that was approved as part of this growth management plan is the exhibit that's on the screen. It identified all — a large development area and then areas for utility plant site as well as some lights and buffers. So, we are modifying that. The new subdistrict is, generic. This would be an exhibit to the growth management plan which you can see that we have three separate parcels identified as commercial, public, and semi-public. We depict the access points that we're providing for the project on the master plan as well. The zoning master plan is a little bit more detailed than we showed on the growth management plan exhibit. This again is being modified to take out some of the detail in the footprints that were shown as future buildings on there. It's going to be revised to be a little bit more generic, but again, the preserve buffer areas get depicted on here. The access aspects are depicted. And again, we've identified which parcels would be used for public, semi-public, or the commercial uses that are going to be retained. So, where we are in the process, we submitted a few months ago. We've been through a couple rounds of reviews. We're — we're required to hold this neighborhood information meeting prior to going to public hearings. So, we don't have public hearings scheduled yet. But what will happen in this process, it's a two-step process; we'll have a transmittal process with the growth management plan assuming that the Board endorses it. They will take both of these, and they'll say, "We're ready to transmit the proposed changes." Page 5 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM They'll go to the Department of Economic Opportunity, DEO at the State of Florida. The state gets 30 days to review those changes to determine if there are any state impacts or regional impacts, doubtful that they will weigh in on this, but it's a part of the process we have to go through. And then after that process, we would then come back in the PUD document, the zoning document would come together with the comp plan amendment. And the Planning Commission would again hear it together, and then that would then be heard by the Board of County Commissioners for final action. And our goal here is that all four of these applications will come together and be heard at the same Planning Commission and Board of County Commissioner meeting since they're interrelated. We think it makes more sense to be able to tell the whole story and deal with them in one — one time. So, that's our goal. We don't have hearing dates established yet, but our goal is to be through the process by June of 2021 which gets us there by — the Board takes a summer recess in July and August. So, our goal is to be completed in this process in June, no later than just next year. So, we think that's a doable process although we don't have hearing dates scheduled yet. The round of comments we got from staff were down to some fairly, I think, minor issues that are pretty easy to deal with. So, in a nutshell, that's — that's what we're hoping to achieve, and with that, I'm gonna wrap up this presentation. And, Sharon, if you can bring up the Randall Curve as we're calling it? It's really the County's property that's at the corner of Randall/4th Street Northeast and Immokalee Road. So, I'm gonna spend a few minutes talking about that process as well. Again, it's the same team so I'm not gonna through that information. Again, the location at — it's — everybody calls this the Randall Curve property that's been around a long time, so. We actually have a Randall Curve PUD that's part of the process, but our subdistrict for the comp plans that — for the mockup of 41h Street — 4th East subdistrict. Again, this property today is zoned the Estates. It does not have zoning on it that would allow the mixed -use project we're proposing. It's also part of the rural Golden Gate Estates. Comp plan does not make provisions for this to be a commercial mixed -use project that we're proposing. So, we've submitted, a new subdistrict that makes provisions for there to be up to 400 residential units on this property Page 6 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM as well as 150,000 square feet of commercial uses. I'm gonna show you the proposed master plan for the Randall — Sharon Umpenhour: Go back, go back one. There you go. Wayne: — though this is the language that talks about our request. And a couple significant things I'll talk about is that we've made provisions for a large variety of retail uses. I know that there have been several discussions with members of the Estates Civic Association and other, community residents that have talked about the need for services out in this part of the community. So, we've made a very broad list of uses that largely are C-4 type uses I would say of the maximum intensity. There could be a couple of others depending on how the County categorizes those that would be C-5 because we've made provisions for there to be potential large format retailer or big box store whether that could be a Lowe's, a Home Depot, a Costco. We've made provisions for all of those as part of our request. It doesn't mean that those are going to be necessarily located there, but we've made provisions for them. We also have provisions there for the other types of uses we know people desire which are restaurants and offices and dental offices and things of that nature. So, I would, you know, just to — to know that this is a mixed -use project, Sharon's there's something on my screen. It's — it's some sort of system update. I don't know how to remove that. Let's take a pause for a moment. Thank you. So, this is a proposed master plan that we've created for what's called the Randall Curve PUD. It's the — this makes use, we have designated areas that are preserve, residential and commercial. C stands for commercial; the R is for residential. Preserve is labeled as such. It is conceptual, but it identifies two primary access aspects on Immokalee Road. We also have a shared access point with the properties to the North that's going through a similar process that we're in today. They're a little bit ahead of us. They've had their transmittal of the comp plan portion of their property to the State of Florida. So, we're — we're on track to being a couple months behind them. But the residential is sorta central to the site. We have our preserve area that separates us from the 4th Street residential. We have water management system that we have, and we've proposed no vehicular Page 7 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM access to 41h Street Northeast. We would obviously make provisions for pedestrians and bicyclists to enter the site, but we prohibited vehicular traffic from accessing 41h. And we know that was an issue early on. When the County was looking at developing this themselves and we've heard that that's an issue, and we were asked on the property to the North also to remove any access to 4ffi Street which they have done as well. But you can see on this particular property that the uniqueness of this is when you go out there today, the — at the hard corner of 41h and Immokalee Road, that area's all the dry detention system for the County that was put in to satisfy the Immokalee Road widening project. So, that parcel is part of the acquisition. We have to take into consideration all of the drainage. So, we are going to have a larger system of either lake or dry detention to accommodate their five acres that they need today as well as the future improvements that they're planning to make on Randall Boulevard. We have to accommodate some of the additional drainage for them as well in addition to our drainage. So, that's been one of the unique challenges here, but nonetheless, we've accommodated. We can work around that, and we think this could be a very good, viable project. So, again, if we're in the same process that I just described for you for the other Estates property which was we're going to have the comp plan transmittal process. We going to have a PUD adoption at the same time that the comp plan would be adopted. And as Rich said, these are kinda bundle projects. One doesn't happen without the other with the way that this has been structured. Again, no hearing dates have been established, but we are working toward that same June deadline I just described. And hopefully, we can, be there, and like I said before, we're gonna take questions tonight. If you think of something after we leave here tonight, you'd like to communicate, Sharon has some cards at the back table. It's easier to email or call her for information. We're happy to share the presentation tonight with anybody who desires it. All the information's available on the County's website through CityView, or if you don't feel comfortable using that system, Sharon would be more than happy to provide any of the comp plan information as public record or any of the zoning information to you as well. Page 8 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM So, Rich, I don't know if I left anything out, but I'm — I'm happy to answer questions. I will say one thing that one of the changes we did make on Estates that I failed to mention, we did even though we reduced the intensity of commercial from 150,000 — 50,000 square feet, we did add back end -use that we didn't have previously, and those were medical offices. We made provisions for medical offices and veterinary clinics that were something that was, desired by some folks who've been interested in the Estates. So, we've added those uses, and we think they're pretty benign uses overall and probably things that anybody who lives in that part of the community would probably utilize. So, with that, I'm gonna stop, and we're gonna — do you wanna take the Zoom callers first, Rich? Richard Yovanovich: Let's take people that are here first, and then, yeah. Wayne: Do the audience, okay, so, anybody who'd like to speak as Rich mentioned, you don't have to give us your name if you don't feel comfortable, but the Planning Commission wants to know if you're part of our team's feed or if you're a resident. So, if you feel comfortable saying you're a resident that way at least when the transcript gets created, they realize it's not Wayne or Rich or Sharon or Jim talking, so. Anybody with questions, please, feel free to come up and use the microphone. We can sanitize it between its use, and —yes, ma'am. Come on up. Phyllis: Phyllis Lit — Phyllis Litka, the 2nd Street Northeast, um, all of this involves even though I live out that way on part of the curve, um, I'd like to know, the low-income housing that you wanna put in on 10 acres, that's like four of my neighbors, how are you going to put 30 units? And when you say low-income, what are we talking? Wayne: Well, that — the low-income reference is not a term we use. Our language says essential service personnel that's actually in the document, and — Phyllis: Okay, on — on my form, that's what it says [inaudible] [00:21:231. Wayne: — and I — I don't know that that's our letter that said affordable housing. Richard Yovanovich: Can I see that? Do you mind? Page 9 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Phyllis: Sure, yeah, absolutely. Wayne: Our language says essential service personnel, and that's a term that the County's recently started using to refer to first responders, teachers, nurses, county employees, people like that, who are essential service personnel in our community that seem to be priced out — out of the housing market. Phyllis: Yeah, I can understand that. Wayne: As I mentioned before, the 30 units is the number that the County asked us to provide. If it's going to be multi -family housing, I — our — our opinion is just doesn't work because of the septic system requirements. Phyllis: Right. Wayne: So, I don't know that the County realistically is going to achieve 30 of those units in the — in the configuration of multi -family, but again, Rich, I don't know you wanna add any more. But we were asked to include it; so, we did. Richard Yovanovich: Yeah. I — a — as part of this process, obviously — yeah, you can sit right there. I'm sorry. As — as part of this process, obviously, we — we had to coordinate with the County because they're getting the 10 acres, and we — we basically said, "What would you like us to include on your property?" So, the County gave us their list of requested uses. I have been doing this for a while so I kinda figured when the County said they wanted to put 30 units on a 10-acre piece of property that basically can have four under the current state zoning, I thought that was, gonna meet some resistance from the residents of the Estates. And I said, "I'm happy to include it, but you need to be at the neighborhood information meeting to defend it." And, I don't think there's anybody here from the County to address that. I don't think Nancy or James are — are — are — they were not the people I spoke to, uh. So, the — the — Wayne is correct. What you received, eh — we are not proposing low-income housing. I don't know who sent that out. We are — we are proposing essential service personnel — the Page 10 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM County's proposing essential service personnel housing, which is exactly what Wayne says, firefighters, teachers. But the number of units and the request for that use came from Collier County, uh. I think Commissioner McDaniels was on his way to this meeting. I just texted him to find out where he is, but he's — he is on his way. If he doesn't make it here before we get gone, I'm sure he'll read the record. But I — I think there's others here who also, have concerns about that use. So, we will obviously communicate that to County staff and, will follow their direction whether to remove that, um, request or not. But obviously, I know that's — I knew that was gonna be an issue before I even submitted the document, so, with any more questions? Wayne: This is Wayne. Can I just read you the language that's actually in the PUD document under public use? It says, "Essential service personnel housing not to exceed 30 units subject to develop standards for RM-6 zoning which would be the land development code." So, that is what's in the actual document. There's also a provision for there to be multi -family units which was meant to implement that essential service personnel housing. But there are as Rich mentioned, there's also a provision in there for single-family homes which is what could be there on that [inaudible — crosstalk] [00:24:53]. Richard Yovanovich: Right, and — and Tim's okay. Tim and I had a conversation about this very issue twice, and — and I told him the reason we put single- family houses in there is if for some reason Shy Wolf does not close on their piece of property or the County decides they wanna develop it as the common state lots, we just wanted that as — as — as also an option. So, I mean, that clearly Tim would have an issue with that. I hope nobody else has an issue with that piece. Wayne: Thank you, any other comments, or questions? Tim: Tim Wallen, 111, 3rd Street Northwest, uh. We're adjacent to the 40-acre, uh. As you guys know, we've been involved with this for 12 years now. So, when we started talking with Bob and, Shy Wolf and about the swap of the property, it seemed like, it was something real good for everybody in the community, for both sides, um. Again, the multi -unit, it would have to be low-income because they're gonna be like 200 square feet if they put `em there. Um, you know, when we first started doing this, we discussed Page 11 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM services from the County whether it be post office, police substation, some, you know, tag agency. I know it's right across the street right now or some sorta County presence that — that's needed out here, not housing. Housing just seems really stupid. The intersection is already stressed. Anybody that comes from the East traveling West to go there in the — to go to work in the morning, it — it's already a nightmare trying to get through Wilson Boulevard. To put all those cars and all that right there is a huge problem, again, septic and water. I think everyone else is — everybody's probably pretty comfortable with, but, you know, for the record, the — the multi — the multi -housing is — is — is definitely a — a killer. Male Speaker: Okay. Male Speaker: You know, it's if — so I can just put it on the record, can I just get a show of hands how many people are opposed to putting that multi- family on that piece of property. Male Speaker: So, I'm just gonna count the number of — one, two, three — Female Speaker: All of us. Female Speaker: Eleven. Female Speaker: So, [inaudible — crosstalk]. Male Speaker: So, I would say, if there's I I — there's 11 people present, and I think every one of them are not related to our team or Shy Wolf. So, I would say that pretty much everybody, is opposed to that. I just wanna — I just wanna put that on the record. So, both whoever reads the transcript knows so you all don't have to come up and repeat yourselves. Or you're welcome to come up anytime you want, but I just wanted to save some people some effort. Any other questions, comments before we go to people on Zoom? Jeff Curl: Yeah, for the record, Jeff Curl, um. I live actually off Desoto, but I do traverse Wilson and Golden Gate Boulevard quite a bit. I'm just wondering if the County has any intentions of doing rotaries at Wilson/Golden Gate Boulevard. That seems to be there brand-new, um, FDOT experiment and then how you guys would see traffic West of this intersection, and this Page 12 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM may be more of a Jim question with maybe left turns, right turns coming out, signals expansions, turn lanes, and maybe a U-turn or two through the median. Um, I'm assuming you — you're gonna remember from your time out there, too, Jim, um, that to the previous gentleman's point that traffic through there at rush hour's an absolute nightmare. Jim Banks: Yeah, right now, the only traffic signal's — Jim: Well, my bill is still extra, but okay. Jeff: You didn't sanitize this [inaudible — crosstalk] [00:29:06]. Jim: Maybe I can step way back here. Jeff: I'm gonna get the COVID. Jim: so, anyhow, to answer Jeff's question, you know, obviously, the intersection at Wilson and Golden Gate is currently signalized — Jeff: Right. Jim: — there's not enough separation between the E-western-most boundary of the property which is on 3rd Street to have a traffic light at that location. So, we will not have another traffic light service development, but that is one of the reasons that the commercial is in the corner of that — of that intersection now. And the lower intense uses are further to the West which will — it's our interpretation will not warrant a traffic signal, at those — at those intersections. But, yes, when we're going to the site development phase, we're gonna have to look at extending some of those left -turn lanes to provide for U-turns and that type of thing, mostly for the commercial uses. So, there will be some upgrades there in that general vicinity to accommodate additional turning moves they're gonna — but I do wanna point out that what is being proposed today is actually gonna generate substantially less traffic than what was previously approved. So, with this application, traffic demands from this 40 acres is going to be substantially reduced versus if it's developed then with the 150,000. Jeff: So, this is gonna dovetail into our previous — Page 13 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Sharon: Can you guys hold on a second? Um, Jeremy, the Zoom participants aren't able to hear Jim. [Crosstalk] Jim: Okay. Sharon: Go ahead. Jeff: So, that also brings back to your point about multi -family and increasing the density at that site with residential, I think that'd be another, you know, point raised when we [inaudible — crosstalk] [00:30:511. Jim: Well, I — I would submit to you that I don't think all the — all the uses that are being proposed could all fit on the 40 acres so some things gotta give. Jeff: Yeah, and I think I'm honed in on that essential service kind of the boondoggle that we keep talking about here tonight, um. Jeff: No, I just — the County's trending, eh — again, FDOT getting a pave - type deal with rotaries and things like that to — to push traffic through quickly, you're talking about two lights that are fairly close together, um. And so, yeah, perhaps they're gonna keep that sequencing with each directional rush hour push, morning and at night, but, uh. I didn't know if there were any preliminary discussions. Jim: As far as I know, they've got no plans to put a traffic circle there at that intersection. I don't even think they have the right of way to do it, um. Jeff: I wouldn't think with E's there on the corner either, but. Jim: Right, so, but not — my interpretation is we will not see a round- about at that intersection. Jeff: Okay. All right, thank you, gentlemen. Male Speaker: Thank you, Jeff. Wayne: So, I guess without moving — Page 14 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Rich: Anybody else here that wants — yes, sir, come on up. Female Speaker: Wayne? Wayne: Yeah, I have sanitized the microphone [inaudible] getting COVID. Sharon: Sorry. I've already had it, so I don't have to worry about it. [Crosstalk] Dave: My name is, Dave Meffin, um, 127th Street Northwest, and, so, even though it's not right next to my neighborhood, it's pretty close. And, I just, you know, I — I agree with this gentleman down here, but, um. I just wanna know anybody in our neighborhood who would be in favor of that. I mean, if you can find 10 people, I'd be happy. Wayne: You're speaking about this essential service housing? Dave: Yes. Wayne: Okay. I — I think as Rich said, the show of hands was pretty unanimous that, those in attendance certainly aren't supportive — Dave: I mean, if we had more time, and we could, you know, word of mouth a little more, we could get a thousand people in here; a thousand hands would be up, so. Wayne: Well, I — I have a little experience on this use of property, and I know you can get a lot of people out, right, sir? So, I — we — you know, we understand that will communicate to the County the, uh — the, unanimous opposition for those who are here to — including that multi -family housing, and I'm sure from watching James write that down right now, so. I'm sure that will be communicated to the powers that be, the County. Anybody else, anybody else here who wants to come up and speak before we go to those on Zoom? Laura: Hi, my name is Laura, and I'm a resident of the Estates. And, okay, that 10 acres, I'm like, "Why not make it a park? Why not make it something fun? And if you need to add a post office to it, you know, 10 acres is a good size, but we don't really have enough free area out on the Estates for, you know, like kids' playgrounds, stuff like that. They have plenty of it in the city. And so, I'm like, "Forget about that. Put it on that little 4th Street there. Well, we don't wanna it there either, so, the essential service." So, I'm just wanna make Page 15 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM sure that my vote is no, and I'm just emphasizing that. Wayne: Okay, and just for you know to ma'am, this is Wayne Arnold for the record, but we include parks as one of the uses for the County parcel. It's just — Laura: Okay. Oh — so, who decides once — Wayne: The County Commission ultimately will decide what use it would be there, but I think it's pretty clear tonight the direction it's headed with regard to the housing. Laura: Okay, thank you. Wayne: Thank you. Richard Yovanovich: I wanted to make two points, one, Commissioner McDaniels just entered the room, uh. Comm'r McDaniels: How's everybody doing? Richard Yovanovich: And, just to recap, um, everybody in this room is opposed to essential service personnel housing, that 30 units on the County's parcel in the Estates. Male Speaker: At Wilson — at Wilson and the Boulevard? Richard Yovanovich: Yes, yes, yes. Comm'r McDaniels: So, noted. Richard Yovanovich: I just want — wanted to make sure you're aware of that. Female Speaker: We raised our hands. Richard Yovanovich: And — and it just — and it just — just kinda going back a little bit of history, you know, on the Estates Shopping Center parcel, that — that — the hard corner piece set between I" and — and Wilson was formally a neighborhood center where commercial was supposed to go in the first place. So, we're kinda going back to pretty much the original plan of — of Golden Gate Estates, by going through this process. And with that, any more questions or comments before we go to Zoom, participants? Page 16 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: Okay, going to Zoom, Sharon, you wanna go ahead and call names and see if we have any questions on Zoom if they raised their hand? Sharon: Um, if they speak, they can raise their hand; I can unmute them. Wayne: If you have a question or comment you'd like to make and you're on Zoom, if you'd raise your hand if you — if you know how to hit that icon, and then Sharon will unmute. And we will be happy to let the rest of the crowd hear what you have to say. Richard Yovanovich: All right. How many — how many Zoom participants? Wayne: The question is how many Zoom participants do we have? Sharon Umpenhour: Fourteen but two are County staff, um. Wayne: So, we have 14 total Zoom participants and two of which are County. Richard Yovanovich: Anybody raising their hand? Sharon Umpenhour: No, but if you wanna ask them if they just — if someone wants to ask a question to unmute and ask a question. Wayne: Okay, so — so if you have a question, do — can you unmute, and then we'll know that you do have a question? Sharon Umpenhour: It doesn't look like anyone has a question. Wayne: I — I don't — I don't see anybody raising their hand or unmuting. So, I take it that none of our Zoom participants at this moment have question or comment, so. Anybody else in the room, Mr. Wallen, do you have a question? Richard Yovanovich: Wayne? Wayne, do you wanna, see if everybody on the Zoom call is opposed to the 30 units as well? Is there a way to find that out? Sharon Umpenhour: Oh, Scott Baxter has his hand raised. Wayne: We have, Scott Baxter, you have your hand raised. Do you wanna unmute and ask your question or make your comment? Scott, I'm not hearing ya. It looks like you're still muted on our end. Sharon Umpenhour: You still — you have to unmute, Scott. There you go. Page 17 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: There you are. Scott Baxter: — unmute, I'm not sure if it's working or not. Wayne: We hear ya. Scott: Okay. Um, I'm trying to — you know, you're talking about putting 30 units on 10 acres. So, to be generous, we're only gonna have three units per acre because then there will be no streets, no buffers, no sidewalks. Everybody that's [inaudible] [00:37:471. However, this property was promised as a park. Is that not in here? Male Speaker: It is not a park. Wayne: Today it is not a park. It is zoned for a commercial shopping center. Scott: I understand that. Is the property staying — I thought this property was promised to us as a park. Wayne: It — it — I'll let Rich address that for you. Richard Yovanovich: Yeah. For the record, Rich Yovanovich, actually, what — what the property exchange agreement says is we would give the County the 10 acres. The County would then decide what it wanted to put on the property, and obviously, a park is an option and other government services is an option. Wayne: To the list, the uses we got for this 10 acres came from Collier County. And this — the purpose of this meeting is for the community who — to give their input back to all of us about what we're asking for as part of this PUD. And I assume you're like the other members that are present that you oppose the multi -family option on that 10- acre piece. Is that correct? Scott? Richard Yovanovich: Scott, can you — move? Scott: [Audio cuts out] [00:39:051 — Male Speaker: Broke up. Male Speaker: Breaking up. Page 18 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM [Crosstalk] Female Speaker: He said he's opposed. Richard Yovanovich: Okay. Wayne: Scott? Any other comments, Scott, or should we — anybody else on Zoom? Male Speaker: Yes, an upgraded Wi-Fi. [Crosstalk] Wayne: try again one more time. You're still a little muddled. Anybody remember when you had antennas on your TV, and you had to smack it or stand like this? [Crosstalk] Is there anybody else on — on Zoom that — that wants to, um, speak? Sharon Umpenhour: Maggie Kemp. Richard Yovanovich: Maggie Kemp, it looks like. Wayne: Maggie Kemp, you're up. Maggie Kemp: Hi, I just wanted to also voice my opposition to putting in low- income housing on such a small space, seems like the County seems to be forgetting about the residents and the impact on the residents that are around these projects. Wayne: Okay, thank you. Anybody else wanna make any comments on Zoom? Richard Yovanovich: Susan Risner — Rissen. Wayne: Susan, you're up, Ruse — Rusing. Am I close? Sharon: No, she's not on. Richard Yovanovich: She's unmuted. Page 19 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Wayne: She unmuted. I just didn't know if she wanted to speak or not. Sharon: She's not got audio. Rich: Okay. Wayne: Oh, okay. anybody else on Zoom? Okay, one more go -round in here, anybody else wanna say anything? Phyllis: It's me again, Phyllis Litka, question on the Curve. The 400 units, are those houses, or are those apartments? Wayne: They — they — they will be — we make — we'd make provisions for both, but it — it'll be a multi -family, more likely a multi -family product. Phyllis: Okay. Wayne: It could be condos. It could be apartments. We — we don't have that final decision yet. Phyllis: Okay. And when — next question, you said something about 4th `cause I live on 2"d, so, yeah, it's the next street. So, 4th, they will not be able to come through 4th where they were gonna make that street, you know, behind all of, um, the storefronts? Richard Yovanovich: The, yeah, for the record, Rich Yovanovich, we — we — we — in the Curve property, the 50 acres were talking about tonight, there is absolutely no access on 4th other than we will make provisions for bicyclists or pedestrians that are coming up and down 4th but no cars will have access. Phyllis: Well, one of the other meetings that I was going to — had gone to, they were going to make a road. Yeah, mm-hmm, mm-hmm. Richard Yovanovich: And that — that was I think Wayne was involved in that one. It was the property to the North, um. Wayne: No — they no longer have access. That project removed their — any access and it's prohibiting to have access to 41h Phyllis: Oh, thank you. Okay, that's why you should go to meetings. Wayne: We appreciate you coming. Page 20 of 21 Estates Shopping Center GMPA and CPUDA (PL20190002353 and PL20190002354) and Immokalee Road/4th Street N.E. Mixed Use Subdistrict and Randall Curve MPUD (PL20190002355 and PL20190002356) 12-09-2020 NIM Richard Yovanovich: Anybody else? Tim: I — I was just gonna — I was just curious who the two County people were. Wayne: Mr. Wallen, Tim, why don't you come forward? Sharon: You need to speak into the microphone, please. Richard Yovanovich: I'll say it for you. Mr. Wallen wanted to know who the two County people were on the phone, and it was — I think I said it earlier, Anita Jenkins who is, Zoning Director, and, Corby Schnitt who is the Growth Management Reviewer — Plan Reviewer for this project. Those are the two County. Yes? Sharon: Actually, it's Michelle Mosca for Anita. Richard Yovanovich: Okay, well, Michelle Mosca who, also is in Growth Management is sitting in for Anita Jenkins, and, she's been with the County for quite a while and is familiar with the comprehension plan. Anybody else? All right, well, we thank you for coming and I hope everybody enjoys their holiday season and stay safe. Thank you. [End of Audio] Duration: 44 minutes Page 21 of 21 (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 F, 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 POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) Sharon Umpenhour as Senior Planning Technician for Q. Bonita Springs, Florida 34110 Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) CITY, STATE ZIP STATE OF FLORIDA COUNTY OF Lee The foregoing instrument was sworn to and subscribed before me September 8, 2021, by Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A., personally known to me or- who pr-edueed as identifieation and who diMid not take an oath. +?`Y C11RIN J. DWYER «. MY COMMISSION # GG 982367 , o' EXPIRES: May 14, 2024 : PiQ Bonded nru Motuy Public Underwriters My Commission Expires: (Stamp with serial number) 1 Signature of Not Public Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Pua�iC HEARING NOTICE ImMOXGROWTX MANAGEMENT PLAN AM NDMENTTRICT (PL20190002355) AND RANDALL CURVE MPUD REZONE(PL20200000546) CCPC: OCTOBER 7, 2021 9:00 a.m. BCC: OCTOBER 26, 2021 9:00 a.m. COLLIER COUNTY GOVERNMENT CENTER, 3RD FLOOR 3299 EAST TAMIAMI TRAIL, NAPLESFL 34112 E3� R9XE YF91Nq;179�2SP2705 8 XANCY GUNOLACH, pICP: 239,252-2484