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CCPC Agenda 11/16/2023COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 16, 2023 9: 00 AM Edwin Fryer- Chairman Joseph Schmitt, Environmental - Vice -Chair Paul Shea, Environmental - Secretary Christopher Vernon Robert Klucik, Jr. Randy Sparrazza Chuck Schumacher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Collier County Planning Commission Page I Printed 111812023 November 2023 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. October 5, 2023 CCPC Meeting Minutes B. October 19, 2023 CCPC Meeting Minutes BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised PL20220003804 - GMP Amendment - JLM Living East Residential Overlay - An ordinance of The Board Of County Commissioners amending Ordinance 89-05, as amended, The Collier County Growth Management Plan, Specifically amending The Future Land Use Element and Map series to add The JLM Living East Residential Overlay, To allow a maximum density of 350 multifamily dwelling units with affordable housing, For property within The Rural Fringe Mixed Use District - Receiving Lands, and furthermore directing transmittal of the adopted amendment to The Florida Department Of Commerce formerly The Florida Department Of Economic Opportunity. The subject property is located on the south side of Immokalee Road, East of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of 37.2f Acres. [Coordinator: Parker Klopf, Planner III] (Companion Item # 27039 PL20220003805) Collier County Planning Commission Page 2 Printed 111812023 November 2023 2. PL20220003805 - JLM Living East RPUD -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 a rural agricultural (A) zoning district within the Rural Fringe Mixed Use District Overlay -Receiving Lands and within the Special Treatment Overlay to a Residential Planned Unit Development (RPUD) zoning district within the Rural Fringe Mixed Use District Overlay -Receiving Lands and within the Special Treatment Overlay for the project to be known as JLM Living East RPUD, to allow construction of up to 350 multi- family dwelling units with affordable housing on property located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2E acres; and by providing an effective date. [Coordinator: Eric Ortman, Planner III] (Companion Item #26999 PL20220003804) 3. PL20220004175 -12425 Union Road RPUD - An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Tourist (RT) zoning district and Conservation (CON) zoning district to a Residential Planned Unit Development (RPUD) zoning district to be known as the 12425 Union Road RPUD to allow up to 109 residential dwelling units on property located in Port of the Islands, approximately V2 mile north of Tamiami Trail East (US 41) at 12400 and 12425 Union Road, in Section 4, Township 52, Range 28, Collier County, Florida, consisting of 51.5E acres; and by providing an effective date. [Coordinator: Eric Ortman, Planner III] 4. PL20220006213 - SR 846 Land Trust Earth Mine - A resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 2012-15, to amend and expand a conditional use for earth mining with excavation, blasting, and processing of material, pursuant to Section 2.03.0l.a.l.c.1 of the Collier County Land Development Code, on property zoned Rural Agricultural district (A) with a Mobile Home Overlay (MHO), within the Rural Fringe Mixed Use Zoning Overlay district (RFMUO) — Receiving Lands, consisting of 2,560 acres located at 16000 Immokalee Road, on the east side of Immokalee Road approximately two miles north of Oil Well Road, in Sections 35 and 36, Township 47 South, Range 27 East, and Sections 1 and 2, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] B. Noticed 10. Old Business 11. New Business 12. Public Comment 13. Adjourn Collier County Planning Commission Page 3 Printed 111812023 5.A 11/16/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doe ID: 27132 Item Summary: October 5, 2023 CCPC Meeting Minutes October 19, 2023 CCPC Meeting Minutes Meeting Date: 11/16/2023 Prepared by: Title: Operations Analyst — Planning Commission Name: Diane Lynch 10/31/2023 2:15 PM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/31/2023 2:15 PM Approved By: Review: Planning Commission Diane Lynch Review item Zoning Ray Bellows Review Item Zoning Mike Bosi Review Item Growth Management Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 10/31/2023 2:16 PM Completed 11/01/2023 3:08 PM Completed 11/01/2023 3:12 PM GMD Deputy Dept Head Completed 11/02/2023 10:47 PM 11/16/2023 9:00 AM Packet Pg. 4 5.A.a October 5, 2023 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida October 5, 2023 LET IT BE REMEMBERED that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Joe Schmitt, Vice Chair Robert L. Klucik, Jr. Paul Shea Randy Sparrazza Chuck Schumacher Christopher T. Vernon Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Eric Johnson, Principal Planner Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 67 r a Packet Pg. 5 October 5, 2023 5.A.a PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Good morning, ladies and gentlemen, and welcome to the October 5, 2023, meeting of the Collier County Planning Commission. Everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Mr. Secretary, please call the roll, sir. COMMISSIONER SHEA: Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Vice Chair Schmitt? COMMISSIONER SCHMITT: Here. COMMISSIONER SHEA: Secretary Shea is here. Commissioner Vernon? COMMISSIONER VERNON: Here. COMMISSIONER SHEA: Commissioner Klucik? COMMISSIONER KLUCIK: Present. CHAIRMAN FRYER: Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: And, Commissioner Schumacher? COMMISSIONER SCHUMACHER: Here. COMMISSIONER SHEA: Ms. Lockhart? MS. LOCKHART: Here. COMMISSIONER SHEA: Mr. Chairman, we are all present. CHAIRMAN FRYER: Thank you, Mr. Secretary. Let's see. Addenda to the agenda. Mr. Johnson sitting in for Mr. Bellows. MR. JOHNSON: Yes, Mr. Chair. Eric Johnson. I respectfully -- let me give some background. We believe that we'll be having some Land Development Code amendments coming online pretty soon that would require a nighttime hearing to start at 5 p.m. And so I was looking at the calendar trying to figure out a time when it would be good for staff as well as for you. It's been your informal policy to have these nighttime meetings held on days that you have a Planning Commission meeting. And so I was looking at December 7th as a possibility for having a hearing that starts at 5 p.m., and I was trying to solicit your input on that while you're all together. So December 7th, if -- depending on the number of other items that are on the daytime agenda, Mr. Bosi could schedule the regular agenda, the daytime agenda, later in the day. But, certainly, the land -- at least one Land Development Code amendment would have to start after 5. CHAIRMAN FRYER: Okay. December 7 in the evening would certainly work for me. What about other Planning Commissioners? COMMISSIONER SCHMITT: I'm good. COMMISSIONER SHEA: I'm going to probably miss my second Planning Commission meeting that day. I'll be out of town. So I'll miss the morning and the evening, so I'd just as soon do it on another date. But if you have a majority here, I'm fine. CHAIRMAN FRYER: Let's see what others say. COMMISSIONER VERNON: I don't know. I don't have my phone with me, so... COMMISSIONER KLUCIK: What's the date again? CHAIRMAN FRYER: Seventh of December. COMMISSIONER SPARRAZZA: Thursday the 7th. MR. JOHNSON: Thursday, December 7th. (Simultaneous crosstalk.) COMMISSIONER KLUCIK: I think that's fine for me. Page 2 of 67 Packet Pg. 6 October 5, 2023 5.A.a CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: I could possibly make it. CHAIRMAN FRYER: Okay. MR. JOHNSON: It looks like we'll have a quorum. COMMISSIONER SCHMITT: How many amendments are we talking? MR. JOHNSON: At least one. I don't have an exact number because we're still working on them, but it could be more than just one. It could be two, maybe three, maybe more. CHAIRMAN FRYER: It sounds like we would have a quorum, but probably not by much. MR. JOHNSON: Understood. COMMISSIONER VERNON: I suspect I'll be available. I just can't verify that right now. CHAIRMAN FRYER: Okay. COMMISSIONER SCHUMACHER: I'll be available, Chair. CHAIRMAN FRYER: Okay. Oh, thank you, Commissioner Schumacher. Do you have a second date to run up the flagpole for us to consider, or no? MR. JOHNSON: I don't. I would have to -- MR. BOSI: That would be December 21st, the second meeting in December. CHAIRMAN FRYER: All right. And we plan on having a meeting that day? Because of Christmas coming up? MR. BOSI: And that could be a decision that the Board of County -- or not the Board, but the Planning Commission could make. If you feel like the 21st is too close to the Christmastime and holiday plans, and you can do -- you can tell me now that we are going to plan to cancel that meeting if the Planning Commission -- CHAIRMAN FRYER: All right. MR. BOSI: -- thinks that's too close to Christmas. COMMISSIONER SCHMITT: I will not be here. CHAIRMAN FRYER: Will not. COMMISSIONER SCHMITT: I'll be traveling. CHAIRMAN FRYER: Others? COMMISSIONER SHEA: I can be here. COMMISSIONER SPARRAZZA: I can make the 2lst. CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: I don't shop till the 24th. CHAIRMAN FRYER: Good for you. COMMISSIONER SCHMITT: Midnight. CHAIRMAN FRYER: So we know we'll be down one, and it sounds like, otherwise, that would work for us. Well, it's up to the Planning Commission. It sounded to me like we had more certainty of a quorum on the 21 st, but maybe others heard it differently. MR. BOSI: And, Chair, as we -- right now we have zero petitions scheduled for the 7th or the 21 st. CHAIRMAN FRYER: Oh. MR. BOSI: As we come closer to, say, the first week in November, I will send a reminder to myself to email the Planning Commission, let you know how many petitions we expect to be on the December 7th and the 21 st and see if we can establish a quorum for each of those days, and then we can have a little more certainty. You'll have a little bit more time to -- you know, to view your calendar and understand what you have coming up. So if we wait for another month -- and I'll send that email out to the Planning Commission, and I think we'll be able to identify where we can have that quorum. CHAIRMAN FRYER: Okay. From my perspective, we've got these two December meetings that are still on the books. Depending upon the number of applications we have, if we could -- let's say we have five, if we could put all five on one and then cancel the other meeting, Page 3 of 67 Packet Pg. 7 October 5, 2023 5.A.a particularly if we put all five on the 7th and then cancel the 21 st because of its proximity to Christmas, that might -- MR. BOSI: Understood. Understood. CHAIRMAN FRYER: Okay. MR. BOSI: And I will reach out the first week in November. And, actually, I'll have a conversation with you because -- CHAIRMAN FRYER: We'll be here. MR. BOSI: November 2nd, we'll be reviewing the AUIR. CHAIRMAN FRYER: Yeah. COMMISSIONER SHEA: Is there any reason we can't pull it back from December, like, to the 16th of November? MR. BOSI: There is -- COMMISSIONER SHEA: Does it just take --or it can't be ready by then? MR. BOSI: We probably could maybe make one, but we're trying to get -- we're trying to get two specific LDC amendments that require nighttime hearings to -- so that's why we focused upon the December 7th date. CHAIRMAN FRYER: Okay. Well, we'll have further discussion then, I guess, about this. You've got -- you've got some input, and some uncertainties up here may be resolved. By our next meeting, we could get a better idea. MR. JOHNSON: Thank you very much. CHAIRMAN FRYER: Thank you. Any other addenda? MR. JOHNSON: No. CHAIRMAN FRYER: Thank you. Planning Commission absences. Let's see. Our next meeting is on October 19, 2023. Anyone know if he or she won't be able to attend that meeting? COMMISSIONER SCHMITT: I'm checking. I think I'm gone. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: I'm not available on the 19th either. CHAIRMAN FRYER: Okay. Anyone else know -- all right. COMMISSIONER SCHMITT: What's it look like for the 19th, Mike? MR. BOSI: Currently, we have three petitions scheduled for the 19th. We have the extension of the Future Land Use Map. Our Future Land Use Map and Element currently only go -- is from 2012 to 2025. To be statutorily compliant, we need to extend that out to 2045. Luckily, we have the institutional knowledge of David Weeks, who's helped us craft an amendment and do the analysis to move the -- or the Future Land Use Element and Map to 2045, and then we also have the GMP amendment. And the PUD amendment for the Golden Gate Golf Course to allow for the conversion of the Golden Gate Inn to affordable housing and a multifamily structure, so that's going to be on the agenda for the 19th. COMMISSIONER SHEA: That's the second return, though, right? Haven't we already looked at that the first time, right? MR. BOSI: That's been approved. It's been amended, and this is going to be the second time it's going to be amended, and it's also going to be amended again for Collier's purposes because we need to move the veterans facility from the westernmost portion of it over to the easternmost portion of the subdistrict because of changes within the driving -- or the BigShots entertainment facility no longer is going to be occupying that land. But we'll get into that later in October. COMMISSIONER SCHMITT: But it's not a full conversion of the golf course? MR. BOSI: No, no. The golf course is being converted to a 12-hole golf course around the Par, but we'll get into those specifics. CHAIRMAN FRYER: All right. So it looks as though we'll have a quorum, and we understand Vice Chairman's absence. Page 4 of 67 Packet Pg. 8 October 5, 2023 5.A.a Same question for the meeting on November 2, 2023. Anyone know if he or she will not be in attendance? COMMISSIONER SCHMITT: I'll be here. COMMISSIONER VERNON: I'm pretty sure I will not be here. CHAIRMAN FRYER: Pretty sure you will not, okay. All right. So it looks as though we're going to have quorums on both those days. Approval of minutes. None are before us today. BCC report and recaps. Mr. Johnson, are you going to cover that? Or, Mr. Bosi? MR. BOSI: Yes, one second. This is what happens when Ray's not here. At the 9/26, the BCC continued the Shamrock storage facility on 13th Street, GMP amendment and CPUD, to the 10/10 meeting just to incorporate -- we had to incorporate some last-minute changes related to the relocation of the entrance on Collier Boulevard farthest to the south to appease a number of those residents that were pretty opposed to the entrance to the location being on 13th Street, but they also approved the Brookside Marina zoning request and, on summary agenda, there were no land -use items. So it was only the Brookside that they approved. CHAIRMAN FRYER: Thank you, sir. MR. BOSI: You're welcome. CHAIRMAN FRYER: Chairman's report, none today. COMMISSIONER VERNON: Just a quick question, if you don't mind. CHAIRMAN FRYER: Please go ahead, Commissioner. COMMISSIONER VERNON: Mike, just help me remember. The Shamrock, was that the one where a lot of residents were concerned about the students getting on the bus and -- MR. BOSI: Yes, yes. And the developer had actually agreed to construct a bus stop with parking for parents to wait for their kids to be able to get on the bus. And they were opposed to access on 13th Street. Transportation said that it violated the policies to put it on 13th [sic]. They were able to move the preserve -- move the preserve to the north area to help give additional buffering with the additional landscape enhancements that they provided for, and the entrance is going to be the farthest south on that parcel. It's going to meet the Transportation needs, and it's going to align with what -- the residents. So we're hoping the BCC meeting is a little less contentious than what the Planning Commission meeting was. COMMISSIONER VERNON: Great result. CHAIRMAN FRYER: Thank you. All right. Chairman's report, none today. Consent agenda, none today. That takes us into our public hearings. ***First advertised public hearing is PL20220001779, the Rock Creek Estates RPUDZ. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Ex parte disclosures from the Planning Commission starting with Ms. Lockhart. MS. LOCKHART: Materials only. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials and site visit. CHAIRMAN FRYER: Matters of public record, meetings with staff, communications with the applicant's agent. COMMISSIONER SCHMITT: Discussions with the applicant's agent. Also, I had conversation by email with Mr. Bosi and Mr. Bellows in regards to a petition that came before us in 2010, and that was the Meridian Village PUD, because of the restrictions that were imposed by the airport authority, and I wanted to validate and verify those restrictions against what was proposed for this. So that petition, I received, and I think the rest of you all received it as well. But I also took the liberty to forward that to Mr. Yovanovich, because he and I spoke about it, and I said I'll Page 5 of 67 Packet Pg. 9 October 5, 2023 5.A.a forward you the petition -- or the ordinance, which was -- I didn't think it was objectionable, so I took it upon myself to forward it to him, because we discussed the issues in regards to the -- I guess, the covenants that were being imposed. So I'll talk more about that during the petition, so -- my only other question: Is anybody here from the airport authority? MR. BOSI: Yes, we do have representation. COMMISSIONER SCHMITT: Okay, good. CHAIRMAN FRYER: Continuing down, please. COMMISSIONER KLUCIK: Matters of public record, and I had a staff meeting. CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: I had staff materials and a conversation with Mr. Yovanovich. COMMISSIONER SCHUMACHER: Materials, site visit, and a conversation with Mr. Yovanovich. CHAIRMAN FRYER: Thank you very much. Incidentally, I -- maybe I received the petition -- or the ordinance you were talking about, Vice Chair, but I don't believe I did. Everybody else get it? COMMISSIONER SCHMITT: I thought it was sent to everyone, Mike, you said, for information. MR. BOSI: I asked Ray to send it to the Planning Commission members. COMMISSIONER SCHMITT: Okay. I don't have the -- I just have the one that you sent me. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: All right. CHAIRMAN FRYER: All right. At this point, the Chair recognizes Mr. Yovanovich. MR. YOVANOVICH: Thank you, and good morning. For the record, Rich Yovanovich, on behalf of the applicant. With me today is Erik Mogelvang. He is the principal for Elah Holdings, LLC; Josephine Medina is with RVI, and she is the professional planner for the project; Marco Espinar is our environmental consultant; our transportation consultant is Ted Treesh; and Jeff Rogers is our coastal engineer, if you have any questions of those disciplines. The property is located on North Road basically at the entrance of the commercial portion of -- the commercial terminal at Terminal Drive for the Naples Airport. I think -- I think the primary issue here today is what the airport authority wants from my client with regard to notices of easements, so I'll preliminarily get into that, and Josie will get into the specifics of the master plan and how it's consistent and compatible. I think it's important to note, and this is in the airport authority's own correspondence, that the property is not located within the noise decibel areas that would question whether it's compatible, and it's not within the flight pattern for the airport. Iron -- well, not ironically, but Mr. Mogelvang's family has lived in this area for many, many, many years and, obviously, believes it's compatible with the airport, understands the noise that's associated with the airport. He believes so much in this that he bought this property and plans to develop it and doesn't have any concern about others wanting to live near the airport. The property's 11.38 acres. It's currently zoned agricultural. As you know, that's a holding category under the Comprehensive Plan, but we're not asking for any changes to the Future Land Use Element. The Growth Management Plan would allow up to three dwelling units per acre, which would allow for 33 units to be built on this property. We're asking for less than half, we're asking for 15 single-family homes. Your staff has determined that that is compatible, and Josie will give you her professional opinion as well. What we're objecting to is a portion of the staff recommendation, and the portion we're objecting to is the requirement that we provide an avigation easement to the airport authority. Page 6 of 67 Packet Pg. 10 October 5, 2023 5.A.a We're not within a contour -- the noise contour zone, and we're not within the flight pattern, so there's absolutely no nexus between requiring us to give an avigation easement to the airport authority and, therefore, in my opinion, it's an improper exaction and can't be imposed upon my client. I don't care what any other projects -- any other lawyers may have agreed to in the past, in this particular case, there's no nexus and no -- and no requirement to impose that type of requirement on my client. Interestingly, the information provided by the airport authority at Page 84 of your packet states that residential land use is generally not incompatible in the 60 to 65, 65 to 70, and 70 to 75-decibel contour intervals. We're not in that. They acknowledge -- and then -- then we could talk about compatibility. And in other cases, the way that was handled was how you build the building. This was attached to a hotel, and the hotel agreed to certain noise reduction measures to bring the decibel levels down so they could assure compatibility. Their own documents prove we are compatible with the airport. Our single-family homes at the height we're requesting in no way impairs the safe operation of the airport or the safety of the homes that we're going to construct on this property, yet the airport authority is asking you to deny the project and then, if you don't, they want us to impose this avigation easement on our property. CHAIRMAN FRYER: Excuse me for interrupting. And then I'm going to ask -- the Vice Chairman also wants to talk. The avigation easement, is this the only piece of the Naples Airport Authority that your client objects to? MR. YOVANOVICH: Yes. We're fine with providing the notice that we're within -- we're in close proximity to the airport. We're providing -- and put it in a deed restriction on the property that we're in close proximity. So if someone buys this without actually coming to see the property and see the airport's right there, they will have notice in the record. CHAIRMAN FRYER: Okay. But the only piece of these recommendations -- MR. YOVANOVICH: Right. CHAIRMAN FRYER: -- from the airport authority is the avigation easement that you object to, correct? MR. YOVANOVICH: Right, right. CHAIRMAN FRYER: Okay. Thank you. MR. YOVANOVICH: And I'll take you through some slight modifications to the -- CHAIRMAN FRYER: Vice Chairman? COMMISSIONER SCHMITT: Mr. Yovanovich, can you explain to me what does this -- I guess you called it a navigation easement? MR. YOVANOVICH: Avigation. Avigation. COMMISSIONER SCHMITT: Avigation? COMMISSIONER KLUCIK: Aviation -- COMMISSIONER SHEA: Just navigation without the n. COMMISSIONER SCHMITT: What does that easement do to you legally? MR. YOVANOVICH: What does it do to me legally? COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: Well, I'll tell you what -- COMMISSIONER SCHMITT: Or to your client, I should say. MR. YOVANOVICH: I'll tell you what it does to my client legally. COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: It requires my client to give the Naples Airport Authority the right to, effectively, if you look at Page 54 of the document, to operate in a manner -- COMMISSIONER KLUCIK: Where's 54, if you -- MR. YOVANOVICH: Page 54 of your packet. COMMISSIONER KLUCIK: Fifty-four of our packet. MR. YOVANOVICH: Which is Page 3 of 6 of their easement. Page 7 of 67 Packet Pg. 11 October 5, 2023 COMMISSIONER KLUCIK: I'm having trouble finding that. COMMISSIONER SCHMITT: Can you explain? MR. YOVANOVICH: I was waiting for Mr. Klucik. I think he -- COMMISSIONER KLUCIK: I'll find it. MR. YOVANOVICH: Okay. It says in 3C of the avigation easement that it is expressly intended by grantee and declarant and its successors, successors in title and assigns, that the avigation easements shall apply to the passage of aircraft and to noise and other effects of aircraft operations that may otherwise be objectionable or constitute a trespass, a permanent or continuing nuisance, personal injury, a taking, an inverse condemnation, or damage to the property. So we have to let the airport authority and anybody who operates an airplane out of the airport authority do whatever they want, go as far as they want, to where it's effectively a taking of the property. COMMISSIONER SCHMITT: So let me follow this further, then. The petition I talked about at the start, which was the most recent I recall -- I remember one other petition coming in that was in the flight path. That was the electric company over there in the -- off of Enterprise. They wanted to build. There was a place they wanted to land a helicopter on the building. I understood all of that from -- regards to the requirements of the airport authority. The other petition was here at Estey and Airport, which is now located -- it's titled The Beach Club. It's -- Beach Club. It's a condominium. And I'll ask Mr. Yovanovich and the staff as well, are there any other petitions that you are aware of that these kind of restrictions were imposed by the airport authority? MR. YOVANOVICH: I think -- COMMISSIONER SCHMITT: I can understand the sound. I mean, if I'm going to buy a home, and I buy a home and the airport's across the street, it's pretty obvious that -- but I think it could be in writing, and I have no problem with that. You're moving near an airport, and you might not be happy with the noise. I can -- I vividly remember my years in Washington, D.C., when Dulles airport was built, people thought they had to pack a lunch to get out there. Now people who live out there are complaining about the noise. Well, the airport's been out there since, what,'69 or'70 or'71. Now that's one of the largest growth areas in Virginia. But this case here, I guess my question is, is there any other petitions where these kind of restrictions have been imposed? MR. BOSI: Not to my knowledge. COMMISSIONER SCHMITT: Are you in the flight path? MR. YOVANOVICH: No. COMMISSIONER SCHMITT: Are you in the -- where are you as far as the overlay for the sound ordinance? MR. YOVANOVICH: I'll show you that. I've got that as an exhibit. COMMISSIONER SCHMITT: Okay. Because, again, I'm going to -- I want somebody from the airport authority to come explain this to me. MR. YOVANOVICH: And -- COMMISSIONER SCHMITT: Oh, I know where he's at. I want it to be on the record. I'm very familiar with that. Thank you. MR. YOVANOVICH: The only petition I recall being involved in was in the city, and it was for Bayfront. COMMISSIONER SCHMITT: And Bayfront is -- of course, it's -- you're -- it's almost in the flight path. MR. YOVANOVICH: I don't recall there being a requirement that we provide an avigation easement -- MS. ASHTON-CICKO: If I may -- COMMISSIONER SCHMITT: Typically, you can -- you can restrict for height, because that's an FAA requirement, naturally, and it's understandable. And if -- at a certain height there Page 8 of 67 Packet Pg. 12 October 5, 2023 has to be warning lights, all those kind of things. All I ever did is jump out of airplanes. I never flew one, but I'm pretty familiar with the whole process. But the -- this restriction seems to be, I'll use the word "obscene" because it is, and I want the airport authority to be prepared to discuss with me why they want to impose this kind of restriction. I could clearly understand the requirements, again, to advise people that they're moving into a facility that may be -- you may be unpleasantly impacted by the noise of jets taking off, but as far as safety, has there been -- is there deemed any safety hazard here with this petition? MR. YOVANOVICH: I am not aware of any safety hazard where these homes are going to be with regard to the operation of the airport. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Before I call on two commissioners who want to be heard, I want to hear from Ms. Ashton. MS. ASHTON-CICKO: Do you want me to comment on the illegal exaction? CHAIRMAN FRYER: Sure, yeah. MS. ASHTON-CICKO: First of all, this is in the county's airport overlay. COMMISSIONER SCHMITT: I understand. MS. ASHTON-CICKO: And this is a request -- an intergovernmental request coming from the airport authority. As to the illegal exaction, this is a Planned Unit Development. This is different from a straight zoning district. This is negotiated. You can ask for things that you might not ask for in a straight zoning district, you know, rezone. COMMISSIONER VERNON: When you say "you," you mean the Planning Commission? MS. ASHTON-CICKO: Correct. COMMISSIONER VERNON: Got it. MS. ASHTON-CICKO: Otherwise, you know, all you're doing is doing a deviation from the straight zoning districts and the other requirements for design in our Land Development Code with nothing coming to the county. So I do think that you have the ability to request the avigation easement, and the airport authority will have to make their argument as to why they believe it's needed. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yeah. So what you're saying, Counsel, is that we can -- the county -- obviously, we make the recommendation to the county commissioners, but the county commissioners can impose this -- if we -- if the county commissioners feel that what the airport authority is requesting is reasonable and even necessary, the county commissioners have that authority. They're not breaching -- MS. ASHTON-CICKO: I believe so, yes, if you find that there's a public purpose for it. COMMISSIONER KLUCIK: And I guess I would just ask the petitioner if he agrees that that actually is the case. MR. YOVANOVICH: No. Let me give an example. I think the law is clear, even when you come through with a Planned Unit Development, what you request of the petitioner has to have a rational basis for the request. There's tons of case law -- COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: -- that goes back to there has to be a relationship between the request and the impact of the project. Let me give an example. And I know Mr. Schmitt will -- COMMISSIONER KLUCIK: So what you're saying is that, in theory, there is the ability to make an imposition because it's in this airport zone; however, if that authority is going to be exercised to impose that on a petitioner, there has to be some basis that can be elicited, and it becomes apparent, rather than just abundance of caution, oh, this would be really cool, this is what we would impose if we could rule the world, this is how we'd like it, which is very different than Page 9 of 67 Packet Pg. 13 October 5, 2023 5.A.a we really need this. MR. YOVANOVICH: There needs -- COMMISSIONER KLUCIK: I mean, is that really it? It's not -- it has to be this is necessary rather than we'd like this. MR. YOVANOVICH: There needs -- yes, there has to be a rational nexus between the request and the imposition of this. Now, let me give an example first before we -- COMMISSIONER VERNON: I'm sorry to jump in, but he said "necessary," you said "rational nexus." MR. YOVANOVICH: Which makes it -- it has to be -- COMMISSIONER VERNON: They're different things. MR. YOVANOVICH: Well, there has -- there has to be a -- there has to be a nexus between what is wrong and why you're asking for it. So Mr. Klucik and I are agreeing just because you like it and it might be better doesn't make it legal. It has to be necessary. There has to be a safety concern related to -- a safety concern related to the request. Now, I know Ms. Ashton and I don't agree, and we can battle that out in court if we need to. But let me give an example that most of you are probably familiar with. I know Mr. Bosi's familiar with it. I know Mr. Schmitt is. There was a point in time, a period in time when PUDs were coming through asking for what was consistent with the Growth Management Plan, yet in order to get that fourth vote on the Planning Commission we had to agree to make an affordable housing payment. We had to make an affordable housing payment to get that vote. Now, my clients decided, you know what, it's cheaper to do that than to litigate, but later on it was ultimately determined that there was no nexus between the project and the requirement to provide affordable housing. There have been no studies done to substantiate the request, and that was a voluntary give. We're not voluntarily giving. MS. ASHTON-CICKO: May I respond? CHAIRMAN FRYER: Please. MR. YOVANOVICH: Sure. COMMISSIONER KLUCIK: And I'd like -- I wasn't done, Mr. Chairman. CHAIRMAN FRYER: All right. On the same subject, why don't you go ahead, and then, Ms. Ashton, we'll get back to you. COMMISSIONER KLUCIK: Okay. So then my question is is the -- you know, is the practical concern that the usage and the traffic at the airport is going to change or, you know, it might change and that this -- you know, as the usage stands right now, maybe your client wouldn't necessarily be worried about this imposition, but because there could be a change in how the airport is utilized and the type of traffic and the amount of traffic, that that's -- that's really where the concern lies because it's -- there's no limit on the imposition? MR. YOVANOVICH: Correct. And I can't -- I'm not in the habit as an attorney of telling my client to sign something that I can't tell them what their risk is. It says on Page 53 of -- COMMISSIONER KLUCIK: Yeah. Without any restriction, yeah. MR. YOVANOVICH: We have to -- COMMISSIONER KLUCIK: Without any restriction on the airport authority, they can interpret this and impose and take whatever they want. MR. YOVANOVICH: They can do as much as -- whatever they want to do that amounts to a taking, in their document, and I have to consent to it. Now, Page 53 is -- COMMISSIONER KLUCIK: So as a practical matter -- and I'm sorry to interrupt -- but they could then change a traffic pattern so that it wouldn't be safe to live there? MR. YOVANOVICH: They can do whatever they want. COMMISSIONER KLUCIK: No. But, I mean, that -- I realize it wouldn't -- it's very unlikely to happen, but if they wanted to, they could have planes coming in so close there to those Page 10 of 67 Packet Pg. 14 October 5, 2023 5.A.a homes that it actually wouldn't be habitable and it would be like, well, too bad, you signed this thing, and now we're taking what everyone agreed was a possibility of ours to take and that -- and I think when you frame -- I realize that's a ridiculous framing of it because they would have to reorient, you know, the runways and everything, probably, for that to happen; nevertheless, why should -- you know, what is the rational basis to say that there's no limit to what the airport authority could do? That's kind of my starting point, and I don't -- I haven't heard from the airport authority, but that's my question. What's the -- what is the rational basis to have that broad and that, you know, limitless easement? MR. YOVANOVICH: Right. And, again, you know, I'm not in the habit as an attorney to advise my clients to give someone property rights when there's no rational basis, there's no nexus between the request. And now we have to assume the risk whether -- we shouldn't have to assume any risk. COMMISSIONER KLUCIK: Would you agree that there might be some form of easement that would -- that would be reasonable? MR. YOVANOVICH: Well, ironically, we had agreed to give them the same easement that was given by Anjo Development, Inc., which was you can have an easement over the airspace 150 feet in the air to fly over the property 150 feet in the air. They didn't want that. They wanted the rest of this stuff. COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: So we have been willing to give them an easement over the property to fly over the property at a certain height level which, if you read their easement is -- COMMISSIONER KLUCIK: Which is reasonable because you realize you're right next to the airport. MR. YOVANOVICH: Which is consistent with their request; they didn't want us to let trees grow higher than 150 feet. So we were willing to do that, but they want to go further. And I -- I can't -- I can't, in good conscience, and my client isn't going to do it just because it may be expedient and maybe there isn't a risk. They would assume the risk. COMMISSIONER KLUCIK: And one more question. Can you -- like what -- I realize I'm asking you to guess, you know. But, like, can you -- like, what is the basis for making the broad request? You know, like, what is the reason that they would want -- you know, if you're trying to come up with a reason, what would be a reason the airport authority would insist, no, no, we need this? CHAIRMAN FRYER: If I may, Commissioner, you can certainly ask that question and obtain an answer, but suffice it to say that the airport authority will be testifying -- COMMISSIONER KLUCIK: No, absolutely. CHAIRMAN FRYER: -- extensively. COMMISSIONER KLUCIK: No. I'm just trying to figure out if you have any reason to think -- like, what do you -- to me that implies that there's something later on that they think they need that for. Is that what your concern is? MR. YOVANOVICH: I don't know. And what I don't know -- COMMISSIONER KLUCIK: I don't want to force you to guess. MR. YOVANOVICH: I don't want to guess, and I don't -- I think, candidly, the real issue was set forth in their letter, and their letter was, we're concerned about more residents being close to the airport and complaining about the location of the airport, because right now they're under attack. They are -- there are people complaining about that airport, and they want it moved. I get it. We will do our part. We will put notice all over this property that we are with -- in close proximity to the airport. I personally -- if I were a judge sitting up there and someone bought a house here and said, I'm going to complain about the noise, I'm going to laugh at them, and I'd say, go away. Now, they're under political attack by, I think, the City of Naples City Council. So I understand; I understand their concern. We will address their concern by providing notice to everybody who buys a piece of property or buys one of the parcels in this piece of property. That's Page 11 of 67 Packet Pg. 15 October 5, 2023 5.A.a the concern that was expressed in their letter. They didn't express the need to -- we have to agree to allow noise, vibrations, odors, fumes, vapors, air -- illumination, fuel particles, smoke, dust, and other particular matter. I don't know what any of that means. They didn't say they needed that for purposes of operation of the airport. I don't know why they need that, and it's unlimited, and we're just not going to agree to it. We're just not going to agree to it. CHAIRMAN FRYER: Commissioner Shea. MR. YOVANOVICH: We are willing, like I said -- COMMISSIONER VERNON: Weren't we going to hear from counsel again, or did you -- CHAIRMAN FRYER: Oh, I'm sorry, yes. COMMISSIONER VERNON: I want to hear what she has to say. CHAIRMAN FRYER: My bad. MS. ASHTON-CICKO: It's just back to the illegal exaction. COMMISSIONER KLUCIK: I'm sorry. I didn't -- MS. ASHTON-CICKO: I'm referring to the illegal exaction again where he said -- he was talking about the history of the PUDs, and PUDs have evolved over time where the development standards of the straight zoning districts have been whittled down and reduced. So the law can't possibly mean that they get one great deviation from our code, and we can't get anything in return. MR. YOVANOVICH: I'm going to -- I don't know how long you -all have been around. I tried -- I've tried twice to do straight zoning, a rezone to straight zoning, and the Planning Commission, the former chairman, and many members on that Planning Commission didn't like a straight rezone request because you didn't get to see the master plan. You had no input on the buffers. You had no input on lot sizes. You had to live with straight zoning. So I have historically told my client, do a PUD because then everybody gets to see your master plan and determine whether or not there's adequate buffers, adequate height restrictions, all those other issues so the county has a say in how the project looks. That's my historical application of the processes available. So the county gets a lot through the PUD process. They get certainty on the master plan. They have input on the buffers and other aspects of the development. That's what you get. CHAIRMAN FRYER: I've got two commissioners who want to be heard, starting with Commissioner Shea. COMMISSIONER SHEA: I'd just like to backup and understand, why are you here? What do you need from us? I don't fully -- MR. YOVANOVICH: I want a straight -- I want the PUD approved for 15 units an acre. COMMISSIONER SHEA: What could you do without coming here? What could you -- MR. YOVANOVICH: I'm zoned agricultural. Two lots. COMMISSIONER SHEA: You're zoned -- so one to five. MR. YOVANOVICH: Yeah. I've got two lots, so I have to come through, because the Growth Management Plan, as you know, ag at that point was all of the county. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Anything else? COMMISSIONER SHEA: No. I wanted to make sure. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: This will be to the airport authority as well. But could you go to the other map you just had up. Just so the public's aware, show where the terminal building is. MR. YOVANOVICH: I believe that's it right there. COMMISSIONER SCHMITT: It's about right there, yeah. Do you know of any of these concerns for the public safety? If I go over there to rent a car, am I warned of any type of -- I'm exposed to fumes, exhaust, potential for some kind of damage or otherwise? Do I -- is there -- are there any kind of signs posted that warn me -- I'm not going there to fly, but I'm going to go rent a Page 12 of 67 Packet Pg. 16 October 5, 2023 5.A.a car. Is there any type of restrictions imposed upon me? Do you know of any restrictions that are imposed upon the businesses that are working in the terminal? MR. YOVANOVICH: I'm the wrong person to ask. COMMISSIONER SCHMITT: All right. I'll ask the airport authority. That's another question. Thank you. MR. BOSI: Vice Chair or Chairman? CHAIRMAN FRYER: Yes. MR. BOSI: Chair, I just wanted to respond to -- I did recall, there has been imposition. It was -- the mini -triangle, if you remember, has restrictions related to the Naples Airport as well. It doesn't go as far as what they're suggesting today. It's more in line with the Meridian Village restrictions in terms of what's imposed within that individual PUD. COMMISSIONER SCHMITT: But that was within the flight path? MR. BOSI: Much closer. COMMISSIONER SCHMITT: Yes. MR. BOSI: Yes. CHAIRMAN FRYER: Okay. Mr. Yovanovich. MR. YOVANOVICH: So we are -- whoops, wrong way. No, I'm going the right way. I'm going the wrong way. We are asking -- COMMISSIONER SCHMITT: Can you go back, though. Explain the map you have up, the various boundary lines around the approach zones. Those are the approach limitations. MR. YOVANOVICH: You know, I'm -- I believe this is the flight path. COMMISSIONER SCHMITT: Oh, yes. It's the flight path, yes. MR. YOVANOVICH: And these are the noise contours. COMMISSIONER SCHMITT: Noise, okay. MR. YOVANOVICH: You can see where -- COMMISSIONER SCHMITT: I know what they are. I just want the public to know what they're viewing. MR. YOVANOVICH: And so like I said, we're here to help the airport authority by providing the proper notices. We're asking for a revision to the language that's -- I think it's -- ii was the original request -- or iii, sorry. We just want to say, "The owner shall record a restrictive covenant incorporating the following disclosure," and that's their disclosure. We haven't modified their disclosure. And I've already kind of gone through this. The purpose of this was to show you that clearly the property is outside of both the flight path and the contour zones that might somehow give them some authority to request or require the avigation easement. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: So just, in summary, do you concur with any of the stipulations that would demand that you inform potential buyers of the noise and the proximity of the airport -- MR. YOVANOVICH: And also -- COMMISSIONER SCHMITT: -- however that language may be crafted? MR. YOVANOVICH: And the height. They wanted us to limit the height, which we're fine with. COMMISSIONER SCHMITT: And the height. That's understandable. That's an FAA restriction, and certain requirements around the airport, that's certainly understandable, so -- MR. YOVANOVICH: Correct. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: It's simply the avigation easement we are not willing to provide. COMMISSIONER SCHMITT: Thank you. MR. YOVANOVICH: With that, I will have Josie take you through the petition, unless -- unless you're comfortable with understanding the petition and want us to stop. Page 13 of 67 Packet Pg. 17 October 5, 2023 5.A.a CHAIRMAN FRYER: No one is signaling at this point. Do we -- yes, Commissioner Vernon. COMMISSIONER VERNON: Yeah. My rule, you guys know, I think you've heard me say this, I hate to give any opinion or thought process before I've heard all the evidence, but there's an exception to every rule. So I want to say that from what I've seen so far -- I'm going to rely on counsel. I'm going to say I don't think it's an exaction, because that's what my general counsel's telling me; however, I don't think that's the end of the inquiry. It seems to me what Mr. Yovanovich is saying pretty clearly is they're asking me to agree to something I don't even know what the ramifications are, I don't think I have to give it, and I'm certainly not going to -- pig in a poke thing. I don't know what I'm getting here. So I'm -- it appears -- I haven't flown right seat in 15 years, but it seems like the approach is going to go right over it, and the airport's going to get what they need, depending on which runway they use. I don't understand why they're asking for this either. So I think a lot of my questions, I think a lot of Commissioner Schmitt's questions and Commissioner Klucik's questions are to the airport, really. So I'm -- you know, either -- I'm fine either way on the rest of the petition. But I think I'd really like to hear from the airport at some point. Well, obviously I'm going to, but that's where all our questions seem to be focused. CHAIRMAN FRYER: Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. Have any of these particular items that they are requesting been imposed upon any of the other residential areas, for example, on North Road? MR. YOVANOVICH: I'm not aware of that. COMMISSIONER SPARRAZZA: Okay. Maybe that's a question for the -- MR. YOVANOVICH: Yes. COMMISSIONER SPARRAZZA: -- authority, for the airport authority. COMMISSIONER KLUCIK: For staff, yeah. CHAIRMAN FRYER: I'm going to call on Commissioner Vernon, but before doing it, I want the Planning Commission to consider maybe we expedite this and allow more latitude on rebuttal, if that seems to be appropriate, so that we can get to the airport authority and get some of these questions answered. Is that... COMMISSIONER SCHMITT: That's fine. COMMISSIONER SPARRAZZA: I'm in agreement. CHAIRMAN FRYER: All right. Commissioner Vernon. COMMISSIONER VERNON: Yeah. Just following up on Commissioner Sparrazza, it appears -- and, again, it's a question for the airport, not for you, really, but we've been given this map, and as I understand it, they're asserting that everything in red -- and there's five areas in red or maybe seven -- five to seven or five to eight areas in red where there is an avigation easement. Maybe you can answer for me -- MR. YOVANOVICH: Can I see what you're looking at? They didn't give it to me. COMMISSIONER SCHMITT: No, these are not all avigation easements. There are easements -- COMMISSIONER KLUCIK: I think the red -- the red is the avigation easement. COMMISSIONER VERNON: The red is the avigation easement, and I count -- COMMISSIONER SCHMITT: I can tell you, I can't find anything in the Beach House ALF that says -- COMMISSIONER VERNON: Well, I believe you, Joe, but I'm saying this map is saying there's five to eight -- COMMISSIONER SCHMITT: That's something staff has to tell me. MR. YOVANOVICH: I have no idea what you're looking at, Mr. -- COMMISSIONER VERNON: I assume this came from the airport. Page 14 of 67 Packet Pg. 18 October 5, 2023 5.A.a CHAIRMAN FRYER: Excuse me. I'm going to ask everyone -- COMMISSIONER VERNON: Well, I'll ask them. I don't think -- CHAIRMAN FRYER: If I may, Commissioner. MR. YOVANOVICH: I'd like to see it. If they're going to provide evidence -- CHAIRMAN FRYER: Just a moment, Mr. Yovanovich. The per -meeting reminder, at least once, we've got to not walk all over each other when we're speaking. The court reporter can only do one at a time. Thank you. Now, let's see. Commissioner Vernon, did you have more? COMMISSIONER VERNON: Yes, sir. Sorry, Terri. Okay. He's looking at it now. What I understand this map to say is there's -- depending on how you look at it, it looks like there's five to -- five big avigation easements, three little avigation easements on this map, if you look at all the red. If I look at the legend, it says in red -- I'm a little colorblind, so I could be wrong, but I think it's saying those are avigation easements. So the question to you, which you may not know, is the avigation easements that they do already have in these red areas, are they to the extent they're asking from you, or are they a lesser avigation easement? MR. YOVANOVICH: I don't know the answer to all that. I think some are lesser. And I think for purposes of the discussion, it's irrelevant. The question becomes -- just because someone else agreed to it because it might have been convenient for them to do it doesn't mean my client should just simply capitulate so we don't have to -- we don't have to litigate whether it was appropriate to impose this easement on us. COMMISSIONER VERNON: No, I understand. It is just to let the airport -- if you can't answer it -- and I don't expect you to answer it. But it is relevant to me because I want to know. So, I mean, I understand what you're saying, but I am curious about it. MR. YOVANOVICH: And I would say, locationally, it is very different. COMMISSIONER VERNON: Well, I understand that, too, but that's not my question. MR. YOVANOVICH: I understand. COMMISSIONER VERNON: And it's fine if you -- I don't expect you to know the answer. MR. YOVANOVICH: I don't know. I don't know. COMMISSIONER VERNON: But I am asking you if you happen to know the answer. MR. YOVANOVICH: No, I don't. I do know that some of the examples that they provided to us, for instance, like I told you, the one that's Anjo Development, Inc -- I don't know which one that is. UNIDENTIFIED SPEAKER: That's the one on North Road. MR. YOVANOVICH: Which one? UNIDENTIFIED SPEAKER: That's the one on North Road right almost next to the property. MR. YOVANOVICH: So I'm pointing -- I can't point, can I? No, no. I got it. I got it. I just can't -- I guess what I'm saying, it's this one. COMMISSIONER VERNON: On the south side? MR. YOVANOVICH: We'll sign that today, sign that same -- very same form. That's the one I told you we were fine signing it. COMMISSIONER VERNON: That's a lesser avigation easement? MR. YOVANOVICH: It gives them what we told them. We'll give them an easement from 150 feet and above. COMMISSIONER VERNON: Is that still -- on this one on the North Road just on the south end, that is still considered avigation easement? MR. YOVANOVICH: It's an easement giving them the right to fly over the property. COMMISSIONER VERNON: But is the term "avigation" -- is it called an avigation -- MR. YOVANOVICH: I think that is the correct -- that is the correct terminology. Page 15 of 67 Packet Pg. 19 October 5, 2023 5.A.a COMMISSIONER VERNON: Thank you -- MR. YOVANOVICH: So with that, again, we can go through the entire petition, or if you want to jump to the airport authority, unless you have questions. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I ask the dumb questions, but what does the Growth Management Plan call for on this property? MR. BOSI: It is -- what does the Growth Management Plan? COMMISSIONER SHEA: Yeah. MR. BOSI: Urban residential. I mean, it's -- it is four units per acre. MR. YOVANOVICH: Three. We're in the coastal high hazard. MR. BOSI: Oh, it's in the coastal high hazard area, I'm sorry. Three units per acre they would be eligible. COMMISSIONER SHEA: So they're consistent with what the long-range plan is for the area for the county? MR. BOSI: Yes. CHAIRMAN FRYER: All right. So we'll -- Mr. Yovanovich, if it's all right with you, when we call you back for rebuttal, you won't be limited to matters that have been raised. MR. YOVANOVICH: Understood. CHAIRMAN FRYER: You can continue with your case in chief. But I think it would be useful to all of us to turn now to the county for its recommendation and, certainly, Mr. Bosi, if you're going to have the executive director from the airport authority up here to testify, that's fine. If you're not going to ask them, we are. So your call. MR. BOSI: And that would be the role of the Planning Commission. I mean, they are a party -- they are an adjacent governmental affiliated agency not under the control of the Board of County Commissioners. We included their restrictions as a courtesy, but by no means was this something that we spent a tremendous amount of time discussing with the airport authority. From a planning standpoint, this project is consistent with the GMP. We find no issues with compatibility. We think there's capacity within the system. There's no issues from a planning standpoint. So with that, that would complete our staff report. And in terms of what the impositions -- we will defer to the Planning Commission in terms of what we -- what the -- in terms of how far the request from the Naples Airport should be imposed upon the petitioner. CHAIRMAN FRYER: Okay. Thank you. And before we -- before we ask the airport authority representative to come up, I've got three commissioners who want to be heard. Fine, but remember that we're going to have the person who has, perhaps, most, if not all, of the answers coming up momentarily. With that, the first commissioner signaling is Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. So, Mr. Bosi, I guess I would ask for the sequence -- or the genesis of the sticking point. So petitioner submitted their petition, and because it's in this approximate area of the airport, you approach the airport authority. Hey, we've got this petition. What do you think? Any concerns? You know, is there anything that you would like us to add to -- you know, from the perspective of the county before we make our recommendation? You know, is that the genesis of why this has been the recommendation? MR. BOSI: Yes. We reach out when we have a project in close proximity to the airport, provide them a review, and -- to be able to incorporate any conditions they feel appropriate. COMMISSIONER KLUCIK: And so is it -- your staff recommendation, then, is that we -- that we have to -- you know, that we impose this? MR. BOSI: No, it's not staffs recommendation to impose it. It's staffs recommendation that you evaluate the appropriateness of these conditions being suggested by the Naples Airport Authority. You're under no obligation. You're under no -- Page 16 of 67 Packet Pg. 20 October 5, 2023 5.A.a COMMISSIONER KLUCIK: No. I'm just saying, like, in your professional judgment as a staff, do you think we should include that, or are you -- MR. BOSI: I think there should be some restrictions related to notification, and I would also agree that, you know, the allowance -- the recognition that there is a limitation in terms of, you know, trees being able to grow past 150. There's a limitation on heights and such. The specifics of how far they reach into -- with their -- the -- it's not something that staff has necessarily endorsed. COMMISSIONER KLUCIK: Okay. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I know the Chairman's right, and I should be asking the airport, but we asked Rich. What is your -- if you have any thought process on why the airport wants this -- I probably shouldn't use this term, but I'll say, sort of, this avigation easement on steroids. Why do you think they want it to the extent they're requesting it? MR. BOSI: Oh, I think the applicant most certainly identified it. They're under political pressure from individuals who live in close proximity to relocate the airport, so I think out of an abundance of caution they're looking for additional protections to be able to impose upon future residents surrounding the airport. And I will let you know, the mini -triangle PUD, which was approved in 2022, so not that -- does have the airport authority provision within it, and it says, the developer shall record a restrictive covenant use in the Naples Airport Authority agreement -- THE COURT REPORTER: Mike. CHAIRMAN FRYER: Mike, yeah. MR. BOSI: -- in declaration of height restrictions and covenants in the form approved by the Naples Airport Authority and the public records of Collier County. And it says, one, the maximum height of any building or structure shall not exceed 160 feet. The restrictive covenants shall be recorded at the time of conveying the title of the property from the county to the developer and prior to any mortgage or encumbrance. The developer shall provide any declaration to condominium sales contract, leases, similar instruments encumbering, selling, or transferring interest in the project. The following disclosure -- Naples Airport. The Naples Municipal Airport is located less than one mile from the condominium property in close proximity. Purchaser can expect the usual common noises and disturbance created by the operation of an airport. And there's two other provisions. It says, developer shall comply with all stipulations of each FAA determination, no hazard to air aviation issued on January 20th of 2017 or may be extended, reissued, or subsequently issued. And the final condition was, any crane used for construction and/or maintenance shall first receive an FAA determination of no hazard to air avigation [sic], and the applicant shall adhere to any stipulations contained within any FAA determination of no hazard. And that was what was imposed in a PUD related to the Naples Airport concern for the project. That was the limitations of it. COMMISSIONER VERNON: That was in 2022? MR. BOSI: 2022. COMMISSIONER VERNON: The triangle? MR. BOSI: Yes. CHAIRMAN FRYER: Anything else, sir? COMMISSIONER VERNON: No, thank you. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Mike, this map came from where? MR. BOSI: The Naples Airport Authority asked me -- COMMISSIONER SCHMITT: Did staff evaluate the validity of this in any way from the standpoint -- Page 17 of 67 Packet Pg. 21 October 5, 2023 5.A.a MR. BOSI: No. Staff simply put it on the visualizer. COMMISSIONER SCHMITT: The avigation easements that they cite here, did staff compare the differences between them? MR. BOSI: No. COMMISSIONER SCHMITT: When you received information from the airport authority in regards to what they wanted to impose on this project, was there any evaluation of these stipulations versus previous approvals? MR. BOSI: And that was a misstep on staffs part is we did not go back and look at the limitations being requested today compared to what was composed in 2010 or 2022, because I -- from our understanding now, that there is more restrictions being requested. But without direct dialogue with the airport authority, we did not go back and do a compare -and -contrast against it. COMMISSIONER SCHMITT: I'll ask the petitioner, did you receive a copy of this prior to today's meeting? MR. YOVANOVICH: The first time I saw this was when I looked up here on the visualizer. COMMISSIONER SCHMITT: So you were not privy to any of this information in regards to what the airport authority, at least -- MR. YOVANOVICH: The only thing I've reviewed is -- COMMISSIONER SCHMITT: -- states that these facts are, in fact, factual? MR. YOVANOVICH: The only information I received from the airport authority were the sample easements they had provided from other properties. And as I said early on, just because someone else was willing to give away certain rights doesn't mean my client should. We did agree with the one sample I told you we would agree to. COMMISSIONER SCHMITT: Well, I'm -- MR. YOVANOVICH: And I'm assuming they provided that as, you know, okay, you can have that one if you want it. COMMISSIONER SCHMITT: One of our annoyances in the past -- and we've always stated this -- is we just don't like things dumped on us the morning of the meeting, and to come in here and see this -- I don't know where it came from. Now I find out it's the airport authority that actually provided this. Was this --when was this provided to staff? MR. BOSI: Ten -- like 8:53, 8:50. COMMISSIONER SPARRAZZA: This morning? MR. BOSI: Yes. CHAIRMAN FRYER: Anything else? COMMISSIONER SCHMITT: That's it. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Since, Rich, you're backup there, just a quick question. Are you familiar with the 2022 triangle avigation easement that Mike just read? MR. YOVANOVICH: Mr. Vernon, I have to go back. I read some, and some have similar language. I'm not going to say they don't, but that doesn't -- COMMISSIONER VERNON: Okay. MR. YOVANOVICH: Yeah, there are some that have some similar language. COMMISSIONER VERNON: But just the question --and I know you haven't fully read it. Does that sound like something your applicant would agree with? MR. YOVANOVICH: No, absolutely not. COMMISSIONER VERNON: Okay. That's what I wanted to know. I understand. MR. YOVANOVICH: Because remember, the thing was -- COMMISSIONER VERNON: I understand. MR. YOVANOVICH: Some of the terms, yes -- COMMISSIONER VERNON: I gotcha. MR. YOVANOVICH: -- but the requirement that I sign an avigation easement that makes Page 18 of 67 Packet Pg. 22 October 5, 2023 them happy, no. COMMISSIONER VERNON: But just that whole thing, you're saying no, the 2022 triangle one? MR. YOVANOVICH: Right. No, we would do the height. We would agree to the height that was in there. Things like that. COMMISSIONER VERNON: And the trees and -- yeah. MR. YOVANOVICH: Yes. COMMISSIONER VERNON: But not the full extent of what they did at the'22 -- MR. YOVANOVICH: Correct. COMMISSIONER VERNON: Gotcha. CHAIRMAN FRYER: Vice Chair. COMMISSIONER SCHMITT: Yeah, just for the record, again, I'm very familiar with the Beach Club, when that came in. The other one I recall -- and it's a building now owned by the Clerk of Courts over there on Estey -- oh, no, correction, over in the industrial area. It was in the approach zone. That's the one where it was once built -- it was an electrical contractor building the building, and they came in because they wanted to put a helicopter pad on top of the building. That building was built with the helicopter pad. There were several restrictions in regards to that. Of course, that -- I think that company ended up going bankrupt, and that building is now owned by the Clerk. But that building was the last one I recall that came in in regards to restrictions for aviation, but that had to do with the approach zone and notice to the tower and all the other kind of things that were associated with attempting to land a helicopter on the roof of this -- the building. And, in fact, it was built. So staff has not gone back and looked at any of these similar instances? MR. BOSI: No. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Okay. Thank you. With that, I'm going to ask the representative of the airport authority to approach the podium. MR. ROZANSKY: Good morning. CHAIRMAN FRYER: Good morning, sir. MR. ROZANSKY: Chris Rozansky, executive director for the Naples Airport Authority. Thanks for hearing us today. There's been a lot that's been said this morning. I can't speak back to all of it, but hopefully I can clarify some things. I'd like to separate the two issues. The first issue, of course, is our objection to the project. And I think it's, perhaps, common sense that realize that annoyance and disturbance from aircraft overflight isn't limited to noise contours. Actually, some of the challenges we've been working -- working with trying to mitigate noise impacts to the extent possible, some of the loudest voices are from the neighborhoods closest to the airport but are off to the side of the runway, including the neighborhood directly behind the proposed -- the petitioner's proposed development, including by individuals who, full knowledge, bought their homes next to the airport and built a new home. I'm speaking of the Brookside neighborhood in this instance. They even said in one of our public board meetings that, we would enjoy the airport. We would set up our lawn chairs, while the home was under construction, and watch the aircraft. But that tone and perception quickly changed once they completed their project, a beautiful home, luxury home, similar to what's been proposed here. The underlying objection to the project in the first place is the nature of what will be truly beautiful luxury homes. The premise that people acknowledge that they're -- they should know that they're buying next to an airport isn't always the case anymore. A lot of folks buy homes online sight unseen, and it truly is astounding to us how many folks, perhaps, bought in July or August or the realtor undersold the activity at the airport, which last year had more than 100,000 takeoffs and landings and served about 200,000 passengers by our own estimates. We don't keep exact passenger numbers, but that is a very conservative estimate. Page 19 of 67 Packet Pg. 23 October 5, 2023 5.A.a So you can see there's a very legitimate public purpose to what we've requested. Now, realizing the airport authority doesn't have land -use authority, we look towards the request for the developer commitments in the avigation easement. I don't -- I am not certain, because we have been in discussions with the petitioner and multiple attorneys representing the petitioner for more than a year now, I would have to look back to whether we've provided this exact exhibit before. But what I can tell you is that we did provide the text, the actual avigation easements represented by -- and I don't have a pointer but, essentially, everything on -- almost everything -- four of the five highlighted red and blue subject properties south of the airport. So that's the Meridian Village on Airport Road, the condominium development immediately across from the airport, the mini -triangle, and the hotel where the Hyatt House sits today. Those recorded documents are in our letter of July 13th which are included in your packet that the petitioner and their multiple attorneys have certainly seen over the course of our discussions since the project was first proposed. So I'd like to further separate two issues, two further issues within the avigation easement. 1, of course, am not a land -use attorney. We have our general counsel here, who has been engaged in discussion with the petitioner's attorney. CHAIRMAN FRYER: He's here today? MR. ROZANSKY: Yes, sir. CHAIRMAN FRYER: Oh, good. Thank you. Go ahead. MR. ROZANSKY: We first -- there was prior counsel that we were working with for, I would say, not quite a year. Initially, we were working with the petitioner himself, the owner himself, and then he engaged counsel, and we had a dialogue back and forth and discussion over some language in the proposed easement. I believe it was only within the last two or three weeks that Mr. Yovanovich was engaged, and our attorney had their first conversation. At that time, they -- well -- and I don't want to speak exactly. There's been so much dialogue. Throughout the course of the petition, they have generally objected to providing disclosure, saying that they would put it in HOA documents. That has been their position up until what we've seen here today. We believe there is a past practice and a legitimate public purpose behind what's being asked for today; however -- in an avigation easement; however, our counsel provided a Word copy of the proposed language in the avigation easement and has not received anything in return since that -- they first spoke two or three weeks ago. So raising an objection to a disclosure or easement altogether versus negotiating the exact language of the easement itself is something -- are two different issues, and we're perfectly happy to further engage in that dialogue with the petitioner and their counsel. But I can assure you, because I deal with this personally almost every day, that should this project move forward with no stipulations, no developer commitments for disclosure or rights of overflight and noise and disturbance, the project will be built, no doubt it will be beautiful, and people who are looking to buy there will overlook, in the lure of Naples, the lure of Southwest Florida, and their project, and the emotions that come along with buying a beautiful slice of paradise, they no doubt will turn to the airport authority, the county, almost immediately -- not in every case, not in every case, but in some cases, and either insist, as the example I mentioned earlier, to either close or move the airport. And so that, fundamentally, is why we're here today. CHAIRMAN FRYER: Okay. I've got a couple of commissioners who want to ask questions or make comments, Mr. Rozansky. First is the Vice Chairman. COMMISSIONER SCHMITT: Mr. Rozinsky, is it? MR. ROZANSKY: Rozansky, yes. COMMISSIONER SCHMITT: Rozansky, thank you. How long has the airport been in business? Or when was the airport built? MR. ROZANSKY: Since about 1943 is -- COMMISSIONER SCHMITT: I believe, yeah, '42, '43. Wasn't it a training -- originally a training site? Page 20 of 67 Packet Pg. 24 5.A.a October 5, 2023 MR. ROZANSKY: Correct, yes. COMMISSIONER SCHMITT: So the building -- the airport's been there since'43. Naples grew around it. MR. ROZANSKY: Yep. COMMISSIONER SCHMITT: So you believe -- what I heard you say -- and I'm going to put it in laymen's terms. You believe that --I assume what you just said is you object because you think people are going to buy this property and not understand that they're buying near the airport, and then that way you're trying to -- you're trying to not be the recipient of their complaints. Because you don't like people complaining; therefore, you are objecting to this project being built near the airport. MR. ROZANSKY: Well, not exactly. COMMISSIONER SCHMITT: Well, that's what I heard you say. MR. ROZANSKY: That's not exactly correct. We deal with it almost every day, and we try to mitigate noise impacts to the extent possible. Yes, aircraft make noise, and we know it can be disturbing to people. It's not enough for us to say, well, the airport was there first. There's -- there is a quality -of -life factor that people who object commonly bring up. We believe that because people buy homes online, they don't even look at the neighborhood around. Even people who live on North Road have been actively engaged in opposition to the airport, even -- not the petitioner, but other people, prior ownership of the RV resort down the street and folks that live in the neighborhood around the corner, Avion Park, have been actively engaged in opposition to the airport despite driving by the front entrance to it on their way to and from their homes. COMMISSIONER SCHMITT: Okay. So -- and, again, I'll restate exactly, in my words, you don't like people complaining; therefore, you're voting against this, or you recommended disapproval? MR. ROZANSKY: Not that we don't like people complaining. There's only so much we can do to protect the quality of life of people who choose to live near the airport. COMMISSIONER SCHMITT: But I'm going to use the words that Mr. Yovanovich said. If I were a judge sitting and listening to the complaint, I would say, there's the door. Didn't you know the airport was there when you bought the home? And if you didn't, that's your problem. I don't understand what's your justification -- and I -- the petitioner agreed to all the other restrictions that you imposed except for this, I call it, onerous, pretty much giving up all their rights, what was that, Petition 1, 31, I believe it was. COMMISSIONER SPARRAZZA: 31C. CHAIRMAN FRYER: 3C. COMMISSIONER SCHMITT: 3C. So are you stating here today you would agree or move forward in regards to this petition if they were to agree to everything except that one element that they disagree with? MR. ROZANSKY: The easement itself, the two core issues are overflight -- well, three issues: Overflight, the height restriction, and disturbance from noise that comes along with it. Those are the three core issues. COMMISSIONER SCHMITT: So I go to the terminal and I rent a car, am I warned of any type of noise or any type of problem that -- or are -- the businesses that operate out of the terminal, are they under those type of restrictions as well? MR. ROZANSKY: So commercial or industrial land uses are generally compatible with airport operations, and you wouldn't look at those considerations in the same way. COMMISSIONER SCHMITT: Is this -- is this property in the noise restricted area of the property or the -- MR. ROZANSKY: No, no. COMMISSIONER SCHMITT: It's not? MR. ROZANSKY: No. COMMISSIONER SCHMITT: So how can you stand there and tell me that you want to Page 21 of 67 Packet Pg. 25 October 5, 2023 impose these restrictions when, in fact, it's not in the noise restriction area? MR. ROZANSKY: Almost none of the highlighted avigation easements on that screen are in a noise contour. So there is an established precedent for -- for this request. COMMISSIONER SCHMITT: And what precedence is that? MR. ROZANSKY: It's on that screen. COMMISSIONER SCHMITT: But none of the other -- how many other petitions contain the same language -- avigation easements contain the same language that you're asking this petitioner to agree to? MR. ROZANSKY: I can't answer that here. COMMISSIONER SCHMITT: Then why did I get this document? Did you do an evaluation of the various easements? MR. ROZANSKY: Yes, we have all of them. I can't recall them from memory. COMMISSIONER SCHMITT: And how -- MR. ROZANSKY: They're all in the letter we provided. Now, the petitioner's attorneys request that they would happily sign a document from the 1980s, that -- a one -page document from the 1980s that was missing some key information such as disclosure to potential buyers. Yes, it would be recorded, but a disclosure in a sales contract is something that's generally in all of these agreements that have been agreed upon over the years. COMMISSIONER SCHMITT: Can you explain, who do you report to? MR. ROZANSKY: The airport authority board of commissioners. COMMISSIONER SCHMITT: And it's -- they are under -- they are a separate governmental entity, or are they part of the City of Naples? MR. ROZANSKY: No. They're appointed by the Naples City Council; however, it's a separate government entity. COMMISSIONER SCHMITT: So your concern is -- what I'm hearing you state today, your concern is that you've got too many people complaining about the airport, and they want it moved. What's the reality of that happening? MR. ROZANSKY: Well, coincidentally, we're going to begin a study on the feasibility of developing a new airport in Collier County. We're going to spend, perhaps, half a million dollars, starting next month, to look at, over the next six months of study, working with Collier County on this endeavor because, clearly, there's nowhere in the city where you could do something like that. What the feasibility of it is, the reality of it is, I don't know. The study will determine that. COMMISSIONER SCHMITT: So, in summation, you've recommended disapproval simply because of the proximity, but there's no other justification that I heard you say other than you believe these people will complain about noise, you believe that they're going to buy this property because they don't realize they're buying a piece of property near the airport, even though it's right across the street from the main entrance, and that you don't want to hear people complain in the future who move into this property. That's pretty much what I heard you say. MR. ROZANSKY: I object to your summary, but -- COMMISSIONER SCHMITT: Please explain, then. MR. ROZANSKY: It's not that we don't want to hear from people. We know there's going to be complaints. Luxury homes in particular are going to -- like the one that I recently referenced, and others, are particularly going to -- because those folks -- they do buy sight unseen. We see it all the time. COMMISSIONER SCHMITT: What difference does that make -- I hate to use that statement, but -- if it's a trailer or a luxury home, I don't understand the basis of your argument. MR. ROZANSKY: Let's separate the argument. We object to the project. It's not within our purview to approve or deny it, okay. COMMISSIONER SCHMITT: Okay. Please justify, then, your objection. MR. ROZANSKY: Let's move -- there's not much more I can say other than what we've -- COMMISSIONER SCHMITT: Other than you don't like it and you're afraid that people Page 22 of 67 Packet Pg. 26 October 5, 2023 5.A.a are going to complain? MR. ROZANSKY: I don't agree with that interpretation, but I will -- COMMISSIONER SCHMITT: Well, that's what you just said. MR. ROZANSKY: -- respect your right to have it. COMMISSIONER SCHMITT: All right. You know my position on this, so... CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Thank you, Mr. Chairman. All right. So you mentioned there's a public purpose, so I wanted to kind of explore that. What is the public purpose for -- and, you know -- and I realize you probably have already somewhat stated it, but I'll -- you know, I want to phrase it, you know, in a particular way. What is the public purpose for insisting on the particular extent of the avigation easement that you're insisting on? MR. ROZANSKY: Well -- and let me help rephrase that question. The public purpose behind an avigation easement subject to language that is agreeable. We've provided this documentation. We've not -- we've not received proposal back from the petitioner's attorney. COMMISSIONER KLUCIK: No, no, you're not answering the question. MR. ROZANSKY: And I will answer that, sir. COMMISSIONER KLUCIK: Okay. Yeah. Please don't do a preamble. I do preambles, but you don't get to. MR. ROZANSKY: The public purpose is to protect an asset used by the broader community for the economic and the public service benefit that it provides. COMMISSIONER KLUCIK: Right. Okay. So there's definitely a legitimate interest that the airport authority has about what's going on around it. That makes sense. Right now it's somewhat generic or general that you've come up with. So what is the -- these particular restrictions that the petitioner is objecting to, what is the nexus of those particular restrictions to the public purpose that you have? Because what we've got is, you know -- and I guess, you know, a side question is, are you -- are you saying that you would agree to something less but you just haven't had a chance to negotiate that? MR. ROZANSKY: We would agree to some narrow -- more narrowly tailored compromise language, yes, that perhaps is -- I'm not sure we could be agreeable to the language from -- if I'm recalling it correctly, the Anjo Development, which is the condominiums on North Road, but more analogous to what was included in the Meridian Village, which is a bit more recent. COMMISSIONER KLUCIK: So, I mean, are we -- are we sort of -- I don't want to say we're wasting our time, but would our time be better spent to allow them -- it sounds like they haven't communicated directly about hashing this out. I mean, is that something that seems possible that you guys could talk for half an hour, and then we could come back and -- MR. ROZANSKY: We'd be happy to do that. As I mentioned, the petitioner's new counsel was only engaged a couple of weeks ago. And we had discussions with prior counsel, but not Mr. Yovanovich. COMMISSIONER KLUCIK: And I do have just a follow-up. CHAIRMAN FRYER: Let's hear what Mr. Yovanovich says. MR. YOVANOVICH: Let me start with, I have had conversations with their attorney. COMMISSIONER KLUCIK: It's hard to hear you. MR. YOVANOVICH: Let me start with I have had conversations with their attorney, and I raised the same objections that the prior counsel raised. And I read the letter. They said, no, they're not going to make the change. Yes, I asked for the Word document. I quickly realized that there was no way I could modify that document in a way that would be acceptable to us and acceptable to them. So I am willing to make a proposal, if it's appropriate now, and then maybe we could talk about it in the hallway; otherwise, it's a waste of time to send us out in the hallway. CHAIRMAN FRYER: Let's hear it. Page 23 of 67 Packet Pg. 27 October 5, 2023 5.A.a MR. YOVANOVICH: And my proposal is, we'll sign the Anjo easement, and we will add the notice disclosures they have asked us to that we said we'll put on the property as well as the height. COMMISSIONER KLUCIK: Can I just interrupt there? So when -- I think -- I'm sorry. Rozan -- MR. ROZANSKY: Rozansky. COMMISSIONER KLUCIK: Rozansky. Mr. Rozansky, I think he makes a point; I've made it before. I tend to get frustrated by the official recorded, you know, documents that nobody reads, even though that, you know, they might want to read, that that doesn't -- as a practical matter -- as a legal matter, it's notice. As a practical matter, it's very odd to think anyone would ever see those things if there's something in there that's kind of frightening. That is a good place to hide it because no one's going to read it. So are you talking about something beyond just the legal notice that gets recorded? Are you talking about actually making sure that a potential buyer gets this information before they're at the closing table? MR. YOVANOVICH: Look, I'm perfectly willing to impose a requirement on my client that in his sales contracts he will let them know, but I'm not going to commit to any future buyer as to what they may or may not do. COMMISSIONER KLUCIK: Right, right. MR. YOVANOVICH: I don't want that responsibility. COMMISSIONER KLUCIK: No, no, no, and I think that's great -- MR. YOVANOVICH: Right. COMMISSIONER KLUCIK: -- because I think that's -- in the contract is where it's a meaningful notice that a consumer -- I mean, a sophisticated consumer isn't -- you know, I agree with, you know, a lot of what you've said. People are not -- they're acting kind of rashly because they're excited, and that is often what happens in home buying, and then some people go the opposite way, and they scrutinize everything, and you never know what you're going to get. But the problem, then, is presented to the airport authority. They have to deal with whoever it is in whichever approach they take. So, I'm sorry. I interrupted you. You're talking about a notice beyond just a legal notice. You're talking about something that seems meaningful. MR. YOVANOVICH: We're happy to put a notice in the contracts from us to the first buyers -- COMMISSIONER KLUCIK: Okay. MR. YOVANOVICH: -- that -- the same notice that we'll record on the property. So they'll get a double notice that they live close to an airport. Happy to do that. Now, we can add that also to their -- one of the samples they gave me, which was the Anjo Development easement, which I assumed was an acceptable easement. We're happy to add to that --because it talks about flying over. We're happy to add what he just said, height and notice to that easement. We are not willing to give them carte blanche and adding all that other stuff that is in that avigation easement. I appreciate the predicament that they're in because people are complaining about the airport, but if -- what should have happened is the airport authority should have bought up all the property around there to protect themselves, and they didn't, but now they want to protect it by saying don't approve the project. CHAIRMAN FRYER: All right. At this point, Mr. Rozansky -- and we're coming close to breaktime. I'm not asking you to agree or disagree right now, but do you think it would be fruitful if we had a lengthy -- more lengthy breaktime, say 15 or 20 minutes, would that be a good use of our time? MR. ROZANSKY: I believe so. I think we could find compromise. It would be, perhaps, slightly more than what Mr. Yovanovich has proposed, because he mentioned two items. We mentioned a third, which is overflight and the disturbances that come along with that. But we have language that's been used in the past that summarizes that very succinctly, and we're very Page 24 of 67 Packet Pg. 28 October 5, 2023 5.A.a openminded to that. CHAIRMAN FRYER: All right. So it would be useful for us to, when we take our break, to take a 20-minute break so that you can sound this out and see if there's a possibility it can be disposed of amicably and -- MR. ROZANSKY: We'd be glad to do that. CHAIRMAN FRYER: -- informally? Okay, good. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, go ahead. COMMISSIONER KLUCIK: I think it might be helpful to us, if you do come up with something, even if there's a little bit -- you know, there still might be some disagreement -- if you could have it so you could at least put it up on the screen for us, even if you can't give us a copy of the written, you know, the -- this additional language, I guess. CHAIRMAN FRYER: All right. You want bullet points, okay. COMMISSIONER KLUCIK: Right. I'd like to see what it is that -- you know, visibly what the sticking points might be or what you've agreed to, either way. CHAIRMAN FRYER: Okay. I'm going to call on the two commissioners who are signaling at this point. I have some questions I'd like to ask the general counsel. I'm not sure whether it would be useful for me to do it before we take a break or after, but we'll confront that decision in a moment. First, Commissioner Vernon. COMMISSIONER VERNON: Yeah. I think -- I think my view is different than Commissioner Schmitt's on this. You know, I've watched the airport. I haven't flown in 15 years, but I do have a pilot's license. I've been to the airport many times. You guys do a phenomenal job. And you're under extraordinary pressure. And to say -- and I understand Mr. Yovanovich said that. But to say you can just go before the judge and the judge will say, go away, neighbors, your half million dollars to figure out a new airport could very easily be spent on litigation defense getting the judge to say that very easily in today's world. And, you're right, we're dealing with a lot of very wealthy people who move to the nuisance and then complain about it, so I understand that this -- this is a big problem. So I'm very sympathetic. You guys provide a great service. And I don't think -- and I'm relying on counsel. I don't think it's an exaction, so I think we have the power to do something about this in terms of addressing your concerns. My problem is, I'm not -- I'm not sure -- I think I'm kind of -- if I'm hearing you, you're talking about flyovers, you're talking about height restrictions of trees and structures, and you're talking about noise. If I think I understand Mr. Yovanovich, the applicant, I think they're okay with the flyovers. I think they're okay with the height restriction. They're not willing to do the noise, is the component that I'm -- MR. YOVANOVICH: (Shakes head.) COMMISSIONER VERNON: Okay. Maybe I'm misunderstanding. Wait a minute. Wait. You don't need to get up. That's okay. That's okay, because I don't have to fully understand. I just want you guys to know my thoughts. So I think we do have the power to do something here. I'm just not sure whether I feel comfortable doing it on behalf of the airport. I love Mr. Klucik -- Commissioner Klucik's idea of you guys going out in the hallway for, I'd say, maybe a half hour, and try to hash these things out. And I think it would be important for the Chairman to ask his questions first, because I think that will give the parties a better understanding of where everybody's head is to the extent the commissioners want to speak before we take a break. So those are my thoughts. CHAIRMAN FRYER: All right. Thank you. At this point no one else is signaling. What I'm going to ask you to do -- and we're probably not going to get complete with this Page 25 of 67 Packet Pg. 29 October 5, 2023 5.A.a by 10:30, which is when we usually take our midmorning break, but I'd like to at least start it. Would the general counsel please join you at the podium, and I'm going to ask you to stay up there, Mr. Rozansky, because I'm going to ask questions that you may be more in possession of the answer than the general counsel. And I guess the first question may be one that Mr. Rozansky has a better understanding of, but whichever one of you wants to respond is fine with me. Just identify yourself before you speak. My question is: On the City of Naples side -- in the interest of full disclosure, I reside in the City of Naples. But on the City of Naples side of the airport, are there -- are there any property owners who are -- who are subjected to an avigation easement? City of Naples people. MR. ROZANSKY: I believe I can answer that. Chris Rozansky with the airport authority. When you look directly off the end of the runway, it's the Hyatt House where the hotel developed nearly 10 years ago now. And the other development on the other side of the road, I can't recall whether those are condominiums or boat storage. And there are -- as you can see, those other developments highlighted in yellow that are required to provide disclosure, that, I believe -- and the legend doesn't show on the screen, but when you look at the legend -- yep, that -- those are required notifications. CHAIRMAN FRYER: All right. If I may, I take it from your answer that you're not aware of any avigation easements that have been signed onto by property owners in the City of Naples? MR. ROZANSKY: Property owners, yes. CHAIRMAN FRYER: Yes. MR. ROZANSKY: The ones that are highlighted in red are property owners. CHAIRMAN FRYER: Yeah, but they're not in the City of Naples. One of them, maybe, is on the border. Are they? That may be the city. Okay. All right. All right. So that's that. Now let me turn to -- I think maybe the general counsel's better equipped, but however you want to divide it. Let's say that you've got a property owner in the City of Naples who is complaining that the flyovers are -- they constitute a trespass of some kind on his property, his or her property, and the noise is unacceptable, and that he claims that there is a taking that has happened and wants compensation. In your judgment, as counsel --and, of course, if this is privileged, you may certainly invoke the privilege, and it won't go any further. But subject to your invocation of privilege, can you advise in your judgment whether that property owner would have a cause of action on any of these points? MR. OWENS: Good morning. My name is Bill Owens. I am counsel for the Naples Airport Authority. I am, first disclosure, not a land -use attorney, but I will tell you, in general, it would be my opinion that having an avigation easement that encumbers a piece of property would most definitely protect the Naples Airport Authority against those types of claims. CHAIRMAN FRYER: Well, that may be so. That's not quite what I asked. I'm trying to determine if you're asking more from folks who are living in the unincorporated county than have been given by the people in the city. And my main concern is, you know, whether the avigation easement gives you immunity or protection that you don't already have by virtue of the fact, let's say, that they moved in knowing full well that there was an airport there. MR. OWENS: To answer that question, I can answer, yes, it is my belief that it does provide the airport authority protection. The best example I can give is if a property owner has people walking across their lawn, say, to access the beach that is on the other side of the property and that property owner, subsequently -- complains about that and can make a claim for trespass. If that property owner subsequently provides a public access easement for ingress and egress to the beach, clearly, that property owner would not have a claim for trespass. I think the same analogous -- you know, could be -- analysis could be to the airport, so that Page 26 of 67 Packet Pg. 30 October 5, 2023 5.A.a if someone was to try to bring a claim against the airport authority for trespass or a taking because of nuisances from overflying aircraft, then I believe, if there was an avigation easement on that property that allowed those overflights and allowed those noises and disturbances, then the airport would be protected from that claim. CHAIRMAN FRYER: Before we move on, I'm going to ask the County Attorney -- and my objective here is to -- and I realize that the airport is having issues with the residents in the City of Naples, particularly certain segments, certain neighborhoods in the city who are complaining about noise, and I also realize, at least in my opinion, that it's a zero sum game. If you take -- if you reduce the noise in one neighborhood, you're probably going to have to be increasing it in another. And so that's a delicate equation that you -all are -- it's also got huge political overtones. And so you're contending with that, and I understand the difficulties in contending with that. I want to be sure that we're not asking more, though, of people in the unincorporated county to protect the City of Naples and the City of Naples taxpayers like me than we're asking for the residents of the City of Naples themselves. MR. YOVANOVICH: Mr. Chairman, can I ask you one question before the break -- CHAIRMAN FRYER: Well, I want to hear from Ms. Ashton first. MS. ASHTON-CICKO: What question you're asking, whether he's asking for more from the -- CHAIRMAN FRYER: Well, mindful of the fact that I know very little about the law in this area, we've got -- the issue of trespass has been mentioned, which I assume is flyover, into airspace beneath a certain level; we've got noise, and we all know what airport noise is about. That one I get. And then we've got a taking. I also understand that. The folks in the City of Naples, are they -- will they have an easier time of it complaining to the airport authority since they haven't signed an easement than would the folks in the unincorporated county if they do and are requested to or are required to live under that easement? MS. ASHTON-CICKO: Well, I think the concern of the Naples Airport is being sued taking some of these air rights -- or air -- you know, area above the homes. I think it's more of a money issue. And their secondary issue, obviously, is that they're going to get more complaints, and it's going to be politically more difficult, but I think there's more than one issue here that they're concerned with. Now, whether or not they've increased what they're requesting from properties around the airport and whether the increase in the request of what restrictions they want to put against the property is greater than it was, you know, in 1989, which is the Anjo easement that they're referring to, which kind of has evolved over time, I think you need to look at what they're requesting and decide whether you think it's reasonable or not. CHAIRMAN FRYER: Okay. MS. ASHTON-CICKO: The extent we do have copies of the Anjo easement, as I mentioned, and then Mr. Perry has pulled up the other seven that are recorded. If you would like to see them, we can forward them to you, or we can have them printed out. CHAIRMAN FRYER: Okay. Thank you. So with -- I've got two commissioners who want to be heard. COMMISSIONER VERNON: I just wanted to follow upon what you said. Maybe I misunderstood your question. I thought you were asking is somehow the city going to be exempt from this restriction. Is that not what you were asking? CHAIRMAN FRYER: Well, partly. I think -- I don't know that there's been such a level of aggressiveness on the part of the airport to protect itself from lawsuits brought by individual owners in the City of Naples because, as we heard, the airport is an instrumentality of the City of Naples, quasi independent, but, I mean, its membership are appointed by City Council. So I just -- I want there to be fairness here, particularly since, you know, the airport finds itself in a very difficult position not of its making, and that is neighborhood associations within the Page 27 of 67 Packet Pg. 31 October 5, 2023 5.A.a city flexing their muscle with the City Council to see if they can't alter paths -- landing and takeoff paths to reduce the noise on the west side of the airport and, of course, that's -- they have every right to do that. But, now, we're representing also -- in addition to the people who live in the city, whom we represent, because it's part of the county, we're also -- we've also got our unincorporated people, and I want to be sure that they're not having more onerous undertakings offloaded to them than get offloaded to the people who have a better connection with the City Council and the airport authority because they live in the city. Now, having said all of that, with leave to the Vice Chair who's signaling, it's 10:30, I would like to -- MR. YOVANOVICH: May I ask one question before we go on our break? I think it's important. CHAIRMAN FRYER: Go ahead. MR. YOVANOVICH: I want to make sure I heard Mr. Rozansky correctly. The yellow areas just provide notice; is that correct? MR. ROZANSKY: Yes, disclosure. MR. YOVANOVICH: Just disclosure. CHAIRMAN FRYER: Yeah, that's what I heard, too. MR. YOVANOVICH: Okay. And that includes, I think, the Bayfront project, the condominium project directly to the north, and to the west of that is a new condominium project that's been developed by Ronto, correct? CHAIRMAN FRYER: Naples Square, I guess. MR. ROZANSKY: Naples Square. MR. YOVANOVICH: And that was satisfactory to the Naples Airport Authority that they provide a notice? MR. ROZANSKY: No. That's not our initial position, and up until recently, we've not heard that, as a recorded developer condition, that the petitioner would be agreeable to disclosure. MR. YOVANOVICH: Happy to -- MR. ROZANSKY: Contrary to what's been said before, up until Mr. Yovanovich was engaged, that's not -- two, three weeks ago, that's not been the position. CHAIRMAN FRYER: All right. Well, it sounds like progress of some kind could be made during this break in order to -- COMMISSIONER SCHMITT: Just one question before the break. CHAIRMAN FRYER: Go ahead. Go ahead. COMMISSIONER SCHMITT: Just for the record, okay, with this map, all of these are relatively new developments, so -- but from the standpoint, Mr. Yovanovich, you are not disagreeing with --not negotiating an avigation easement. You just are --you just are objectable [sic] to some of the language that they proposed. But regards to the other steps that you stated, height, noise, notification, tree height, those type of things, you're in agreement? MR. YOVANOVICH: That's not an issue for us. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Okay. So with that said, it's 10:35, plus 20, is 55. Let's take a break until 10:55. That's 20 minutes. If you -- if it's productive, come on back in and tell us you need more time, and we'll extend the break, all right? And with that, we're in recess until 10:55. (A brief recess was had from 10:35 a.m. to 10:55 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Ladies and gentlemen, let's reconvene. I have been informed that the airport authority and the applicant did not need additional time, yet they are still out of the room, which I take it to be a productive sign. We'll stay in session here for a few seconds and see if we can get them back in the room. Page 28 of 67 Packet Pg. 32 October 5, 2023 5.A.a Would someone please report to us as to the progress, if any, made during the break. MR. YOVANOVICH: We have actually -- you know, we have an agreement. CHAIRMAN FRYER: Excellent. MR. YOVANOVICH: So, essentially, we need to just --we'd like to revise the PUD to say something along the lines of that the owner and developer will enter into a mutually acceptable easement. We have an agreement on it but, obviously, we haven't crafted it yet. But the major business points have all been resolved. So instead of talking about a specific easement, we'd just rather -- and you can leave the disclosures language in in the PUD if you want to. It doesn't really matter, because we've agreed it's going to be in the easement. But if you want to just impose a developer commitment that we'll enter into a mutually agreeable easement, that will be fine, because we'll have it done before the Board of County Commissioners. CHAIRMAN FRYER: Okay. Let's see. Vice Chairman, do you want to be heard? COMMISSIONER SCHMITT: Well, if that is resolved, I do have a question on access. MR. YOVANOVICH: Okay. COMMISSIONER SCHMITT: You're right across the street from the main entrance. Is transportation -- from the standpoint of that will be a full opening -- of course, it's a two-lane road, so there will be -- it's right across the street from the entrance of the airport. MR. YOVANOVICH: Yes, sir. COMMISSIONER SCHMITT: Has that -- my concern there -- and I'm in favor of -- supporting the airport in this regard. Has that been coordinated with the airport from a traffic safety issue? MR. YOVANOVICH: I don't think there's a concern about our accessing our project. I think the -- and my last experience at the airport, that's not the busiest part of the airport, but I don't know. MS. MEDINA: Josephine Medina, for the record. There's only one tract that's directly across from the airport. COMMISSIONER SCHMITT: There's one entrance there? MS. MEDINA: Yeah. And there will be -- yeah, and that's where -- the Tract A where we have the recreational -- private recreational. MR. YOVANOVICH: So we're not right across? MS. MEDINA: No. COMMISSIONER SCHMITT: Wait a minute. That's the main access to the development as well. MS. MEDINA: No, there's -- COMMISSIONER SHEA: They're farther down. COMMISSIONER SCHMITT: Okay. My mistake. MR. YOVANOVICH: We can pull the master plan up so you can see it. COMMISSIONER SCHMITT: Yeah, please do. MR. YOVANOVICH: Whoops. I'm not on. If you put us on, you can see. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: So you have the recreational tract which is directly across. COMMISSIONER SCHMITT: Okay. I see it there. MR. YOVANOVICH: And then you have the main entrance further -- I think that's east. Did I get the right direction? MS. MEDINA: Yes. MR. YOVANOVICH: I'm bad at that. COMMISSIONER SCHMITT: Okay. Thank you. CHAIRMAN FRYER: May I ask Mr. Rozansky to come back up? MR. ROZANSKY: Sure. Page 29 of 67 Packet Pg. 33 October 5, 2023 5.A.a CHAIRMAN FRYER: Just a housekeeping question, sir. You heard Mr. Yovanovich's testimony and his characterization of an agreement reached. Is that accurate and complete in your judgment? MR. ROZANSKY: Thank you for the question, Chair. Yes, we agree. The airport authority agrees that's a fair assessment, and I think on the high-level points, we're in agreement. Of course, the devil is in the details, but we have confidence, based on the discussion we just had, that that can be resolved amicably before it gets to the BOCC. CHAIRMAN FRYER: Okay. Thank you. Commissioner Schmitt. COMMISSIONER SCHMITT: Does that then remove, officially, your objection to recommend disapproval? You now are recommending approval of subject to the negotiated settlement? MR. ROZANSKY: I don't have that authority. The board -- our board of commissioners didn't grant me the authority to support the project, but we certainly are in a much better position -- CHAIRMAN FRYER: Yeah, I think -- COMMISSIONER SCHMITT: I think it's important that somehow you take back -- that back to your board before this comes back to the Board of County Commissioners, because if you go into the Board of County Commissioners with a recommendation -- you recommend disapproval, then we're back to this food fight again. CHAIRMAN FRYER: Let me see if I can characterize it. And you may still feel the way you do. But the airport authority is saying we recommend denial, but if you approve, we ask that you include conditions, and the language of the conditions has now been agreed to. MR. YOVANOVICH: Yeah. Let me help. I understand his inability to bind his board. I know he's got to go back to the board and say, "These revisions were made. What position are you going to take?" If the board says we're still fighting, I'm going to have the condition in the PUD removed or try to get the condition removed at the Board of County Commissioners' level. I hope it will never come to that, but I still have an out if we do not get -- if the board decides we still want to object. CHAIRMAN FRYER: Okay. Well -- MR. YOVANOVICH: The Naples Airport Authority board. CHAIRMAN FRYER: That's fine. For our purposes, if we'd be so inclined -- and we haven't had our discussion yet -- but if we were so inclined to approve this with conditions, we could say we approve it with the conditions as informally agreed to by the airport authority and petitioner and to be reduced to writing. Okay. All right. Commissioner Vernon. COMMISSIONER VERNON: Yeah. And I'm stating the complete obvious, I think, but I just want the Board of County Commissioners to understand that we have not looked at the mutually agreeable agreement you come to so they don't think we've vetted it for other objections we might have, separate and apart from you two guys agreeing. You with me? MR. YOVANOVICH: Yeah. Do you want to vet? COMMISSIONER VERNON: What's that? MR. YOVANOVICH: I've never had the Planning Commission vet private agreements before as part of -- COMMISSIONER VERNON: No, no. I'm just saying it's not going to be just a private agreement. It's going to be a condition of whatever gets approved. MR. YOVANOVICH: Correct. COMMISSIONER VERNON: I'm simply saying I want you to tell the Board of County Commissioners -- MR. YOVANOVICH: Sure. COMMISSIONER VERNON: -- that we are very pleased that you guys came to an agreement, but we don't know what that agreement is and, therefore, we have not reviewed it, and I Page 30 of 67 Packet Pg. 34 October 5, 2023 5.A.a want to put that on the record and ask Mr. Yovanovich if you'll represent that to the Board of County Commissioners. MR. YOVANOVICH: I will be happy to. I'm assuming staff will also include that in the executive summary. COMMISSIONER VERNON: Right. You're with me. CHAIRMAN FRYER: Okay. Thank you. Anything else on this point? COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, sir. COMMISSIONER KLUCIK: I guess I would say that it probably is appropriate for us to direct staff to make sure that the commissioners are aware of that, the point that was just made. CHAIRMAN FRYER: Yeah. And I think Mr. Bosi nodded his agreement. MR. BOSI: Yes. Staff understands and will include it -- that point within the executive summary. CHAIRMAN FRYER: Yeah. Thank you. Okay. Anything else? Let's see. I guess we were -- we had concluded the staff recommendation, then we called up Mr. Rozansky. I'm not sure if that was part of -- let's just say that it was an important discussion that we needed to have, but is it now the wish of the Planning Commission that we return to the petitioner's application in chief, see if they have anything further? COMMISSIONER KLUCIK: Yes. COMMISSIONER SHEA: And the public. CHAIRMAN FRYER: And the public, of course, yes. Okay. Go ahead, sir. MR. YOVANOVICH: Unless you want us to go through a detailed explanation of the project, we have nothing further to present. CHAIRMAN FRYER: Yeah. I don't -- I don't think we do. Am I wrong? COMMISSIONER SHEA: No. CHAIRMAN FRYER: No. Okay, we don't. All right. So we've heard from the applicant. Oh, did you want to be heard? COMMISSIONER SCHMITT: Yeah, just one question. As far as the boat docks are concerned, from the standpoint of permitting, have you gone through that process in regards to the permitting? It's the Manatee Protection Plan and the valuation and in regards to all that, that's all been -- MR. YOVANOVICH: I'm going to have Mr. Rogers come up quickly and explain where we are in that process. CHAIRMAN FRYER: Okay. MR. ROGERS: Good morning. For the record, Jeff Rogers with Turrell, Hall & Associates. To answer your question, no, we are still in the preliminary design phases to get through this local process, and then the docks themselves will be subject to their own permitting process, state, federal, as well as local county, which has not started to date. COMMISSIONER SCHMITT: None of that's started? MR. ROGERS: No, sir. COMMISSIONER SCHMITT: You have to go through DEP as well as Army Corps of Engineers? MR. ROGERS: In this case I think it's going to be the South Florida Water Management District instead of DEP because it's a multifamily development, so to speak. So, yes, they would be the state agency, the Army Corps is the feds, and then, obviously, Collier County. COMMISSIONER SCHMITT: But in regards to the Manatee Protection Plan, you're clear in -- MR. ROGERS: Yes. So we have -- COMMISSIONER SCHMITT: Jaime's going to come up. Because I'm going to ask Jaime in regards to this, because it's always been an issue in regards to the various aspects of the plan. So, Jaime, where are we with the -- what -- we've deemed this to be what, a -- go ahead. Page 31 of 67 Packet Pg. 35 October 5, 2023 5.A.a MS. COOK: Jaime Cook, director of Development Review, for the record. The applicant has gone through the consistency determination for the Manatee Protection Plan. Under the plan, they would be allowed up to 129 slips based on the shore length as a preferred site. They're proposing 12, which is well under the limit. COMMISSIONER SCHMITT: Okay. Pretty minimum, yeah. Minimal impact on regards -- MS. COOK: Correct. COMMISSIONER SCHMITT: So no objection from the county in regards to the Manatee Protection Plan? MS. COOK: No. COMMISSIONER SCHMITT: Okay, thank you. MS. COOK: Thank you. CHAIRMAN FRYER: Thank you. And no one is signaling at this point, so we will move to public comment, and I'll ask Mr. Sabo, Ms. Padron, do we have any registered speakers? MR. SABO: Mr. Chairman, we have two registered speakers. Mr. Rozansky was one of them. I imagine he's completed. And then Chris Brown is the other. CHAIRMAN FRYER: All right. Mr. Brown. MR. BROWN: Is this the right podium? CHAIRMAN FRYER: Either one. MR. BROWN: Okay. Thank you. Thank you, Mr. Chairman, Commissioners, for giving me an opportunity to speak. I'm speaking on behalf of my family and some other residents in the Brookside neighborhood. We have the house at 2347 Harbor which -- on the other side of Rock Creek, probably about 100 yards to the west of this proposed development. As we just heard at the end -- and it was very interesting listening to the back and forth regarding the airport. I've never attended a meeting like this. But we just heard first mention at the very end here of the boat slip piece, because I see this as a two-part development. You know, you're building 15 homes in a fairly large tract of land. And I don't have any comment regarding the airport and the noise and all that. That's outside of my area or my concern, but the second piece is putting 15 boat slips -- and this is a concern that -- I know I speak at least on behalf of my neighbors, the Browns, no relation; Mr. Faett who was here earlier who had to leave who also lives on the creek; that the big concern here is -- and I know there's some folks that have done site visits, and there's probably people that have taken their boats up Rock Creek at least at one point. This is a very narrow, very shallow waterway in which there's development -- other than some old existing really dilapidated docks, all of the development is on the south side of the creek. And so what we're talking about here is not just putting in a boat dock or two boat docks but 15 new boat docks, multi -million -dollar homes, which will probably be beautiful homes, but multi -million -dollar homebuyers buy big, expensive boats. And to be quite frank, if you've ever boated that creek, the thought of 15 large vessels with seasonal residents trying to get in and out of there is comical but also a little bit scary. So, you know, we're talking about DEP approval and things like that, but I don't think that this commission or the County Commission should cede its authority over the change in the use of a piece of property that's always been zoned one way. And I realize Mr. Yovanovich says it's a holding -- it's a description for a holding pattern, if I'm using the right term, agricultural use, but not only changing it to allow it to be residentially zoned, but to put in a cut -in with 15 boat slips in an area where you could wade across that creek -- you know, you could toss a baseball back and forth between the two sides. You wouldn't need a mitt. I don't know how many other examples to use. This is not a large body of water where 15 boats is an insignificant addition to the boat traffic in the creek. Quite frankly, I'm not even sure how they would get in and out of there. Recently I tried at medium tide to get to the spot where this proposed development was, and there are so many mangrove roots right down in the middle of the creek that it's very difficult to get through there Page 32 of 67 Packet Pg. 36 October 5, 2023 5.A.a without getting hung up. So I actually think it's absurd, the concept of putting 15 boat slips in there. The houses I have no objection to; it's their property if things can be worked out with the airport and it's consistent with the county's land -use plan for this coastal area. But the boat slips and the effect that it will have on this sensitive, really, beautiful small body of water that we love and the mangroves around it and the ability of the people who already live there to enjoy their property is the massive concern that we in the neighborhood -- I don't claim to speak for everyone in the neighborhood, but I have, and my immediate neighbors have, Mr. Faett has, and other folks that I've spoken to in the neighborhood. So that's what I wanted to address. And I'm hoping that not just a developer's rights to make money or the airport's ability to protect itself from lawsuits -- I'm hoping those aren't the only considerations but that the citizens of Collier County, who already live there who have invested into improving their properties and maintaining their properties -- the Brookside neighborhood's becoming a really amazing place to live, not that it hasn't always been. I hope -- I'm hoping those concerns are taken into account, the concerns of the voting citizens who live there and not just whether or not the developer can maximum the profit from this parcel. Thank you for your time. CHAIRMAN FRYER: Thank you. Don't go anywhere. MR. BROWN: Yes, sir. CHAIRMAN FRYER: Vice Chairman Schmitt. COMMISSIONER SCHMITT: Well, I have a question, number one, and probably for Mr. Yovanovich, in regards to riparian rights. The -- and maybe from Turrell, Hall. Who's that from -- I can't remember his -- MR. YOVANOVICH: Jeff Rogers. COMMISSIONER SCHMITT: Jeff? MR. ROGERS: Yes, sir. COMMISSIONER SCHMITT: Yeah, Jeff. Two questions. One, the riparian rights, you have a right to access? MR. YOVANOVICH: Yes, sir. COMMISSIONER SCHMITT: And, Jeff, from the standpoint of preliminary design, is this going to require any type of boat dock extension requests, or are you going to be able to -- are you looking at building docks within the areas that will not restrict navigation? Because that's all going to be part of your permit application. MR. ROGERS: Correct. And per my last time I was up here, that's what we're subject to at the county local level -- COMMISSIONER SCHMITT: Correct. MR. ROGERS: -- is we will be required, as shown currently, a boat dock extension process, which is also a public hearing, meeting the criteria, water depths come into consideration, size of vessels come into that petition as well, and that's all part of the criteria we will be subject to. COMMISSIONER SCHMITT: Well, this is -- these are -- these are tidal waters. Is this Title 10 navigable waters? MR. ROGERS: It's not a federal channel by any means. COMMISSIONER SCHMITT: It's not a federal channel. MR. ROGERS: It's a local knowledge channel. There's no markers in it. COMMISSIONER SCHMITT: No marker. So you're not subject to Title 10, but you're still subject to the requirements to allow for -- because what I'm hearing are safety concerns and issues with depth and other types of things. Are you coming in with a request for a type of dredging or removal of mangroves? Of course, you know if you remove the mangroves, you're subject to mitigation or other types of measures to avoid, mitigate, or compensate. MR. ROGERS: Correct. So, yes, the docks and their proposed access points will go Page 33 of 67 Packet Pg. 37 October 5, 2023 5.A.a through the mangrove fringe, and we'll have to design those access points per the state criteria, which allows for walkways through mangroves. COMMISSIONER SCHMITT: Yes. MR. ROGERS: So we'll also limit our impacts to the mangroves by pushing the docks out as far as we can to be within the allowable 25 percent that we're allowed as riparian right owners. So across the waterway, they're allowed 25 percent, leaving approximately 50 percent open -- COMMISSIONER SCHMITT: Fifty percent open. MR. ROGERS: -- for navigation. COMMISSIONER SCHMITT: Now, as far as the application -- and I -- anybody has the right to review -- or to review or comment on the application for docks. MR. ROGERS: Correct. Yes. So the State of Florida and the Army Corps will do a public notice -- COMMISSIONER SCHMITT: Right. MR. ROGERS: -- where they -- I believe it's 500-foot radius, so it's not huge, but also once we get to the county level, there's a public noticing, just like this meeting was publicly noticed, for the boat dock extension to go in front of the HEX. COMMISSIONER SCHMITT: Does that help you understand? I'm a former Army Corps guy, so I know all those answers. I just wanted it to be on the record. MR. BROWN: I understand. COMMISSIONER SCHMITT: But I want you to know that you will be able to view what is being proposed, and you can object if there's a reason to object, whether you feel it's a safety issue otherwise. That will be probably through the -- through -- it will be through the Fort Myers office -- Army Corps of Engineers Fort Myers office. MR. BROWN: I do understand, and I do know that there will be public notice of the proposal to build the docks. That being said, the change that's proposed for the PUD to the county ordinance allows for 15 boat slips, so it's a two-step process. COMMISSIONER SCHMITT: Yes. MR. BROWN: So you're being asked to approve it as well. And I'm simply saying -- and I mean this very respectfully that -- especially with the knowledge you have, Commissioner Schmitt, yourself, that issue simply not be punted over to whether it's the Army Corps or whether it's the Southwest Florida [sic] Management District. This is actually a matter of simple common sense. You can't get a johnboat past there. COMMISSIONER SCHMITT: Well, I have no -- I'm sorry. MR. BROWN: And it's going to be -- not that, you know, I have standing to make an argument for them. I even wonder about these future homeowners. They're going to come down and buy $100,000 boats, and they're going to come right around that corner and be hung up, and -- but, you know, that's also going to correct a problem for the rest of us when Sea Tow is in and out of there every five minutes because it's just -- this is not a tenable plan. COMMISSIONER SCHMITT: And, Jaime, question. I pretty much know the answer, but I'm going to ask again, the Manatee Protection Plan for this area restricts size of boats? Will it restrict the size of boats for this area? MS. COOK: Restrict the size of boat. COMMISSIONER SCHMITT: Size of boats, yes? The draft -- the draft that the -- MS. COOK: Yes. They would have to -- it's going to be restricted based on the water depths in the area. COMMISSIONER SCHMITT: Correct. MS. COOK: Correct. COMMISSIONER SCHMITT: So it's -- I can't tell you what -- I don't know what $100,000 is going to buy in a boat, but -- COMMISSIONER VERNON: Johnboat. MR. BROWN: Not much --well, maybe a johnboat. COMMISSIONER VERNON: Johnboat. Page 34 of 67 Packet Pg. 38 October 5, 2023 5.A.a MR. BROWN: Maybe I used a bad example. COMMISSIONER SCHMITT: But from that regard, it is -- it will go through the process. The county will evaluate that as well, and it goes through the public process. So I can -- all I can do is assure you that all we do is approve it for zoning, but we don't approve the design and construction of the docks other than what Chris stated was the 25 percent restriction on the depth or the -- correction -- the width of the waterway. MR. BROWN: Sure. COMMISSIONER SCHMITT: They could only go out 25 percent. If they exceed that, they have to come in for a boat dock extension, which now goes to the Hearing Examiner. They used to come here, but they no longer do. MR. BROWN: Well, you know, and that's another concern, too. And I'm not directly across from this parcel, but since you bring that up, if you go 25 percent on both sides where they are, you're not going to be able to get vessels in between those docks, not of any decent size. So, you know, the problem here is you're changing the usage of something that's never been used for this purpose ever before across from properties that have been for decades -- COMMISSIONER SCHMITT: Okay. MR. BROWN: -- on a very small body of water. And do we know what the depth is there? I mean, I understand that this is subject to later approval by different groups, but this group is being asked today to approve it in principle subject to these other groups approving it. And I'm saying the principle of the thing is -- not the principle of the thing. But the idea of putting in 15 slips there on its face is ludicrous. I mean, what is the depth there? I mean, what is the ability? Has it been studied whether vessels are able to get in and out of where they're proposing to build these 15 slips? CHAIRMAN FRYER: All right. I am going to -- and I know I've got two commissioners who want to be heard. Do you want to be heard on this? COMMISSIONER KLUCIK: Yes. CHAIRMAN FRYER: Okay. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Yes. So, sir, you're -- thank you for your input. Where are you living or who are you representing? MR. BROWN: No, I'm not representing anybody. We have the house at 2347 Harbor, which is directly -- COMMISSIONER KLUCIK: So you're right -- MR. BROWN: Across but to the west. COMMISSIONER KLUCIK: You're right along Rock Creek then? MR. BROWN: Yes, on Rock Creek. COMMISSIONER KLUCIK: Okay. But closer to the gulf? MR. BROWN: Yeah, right, exactly. Not directly across from -- COMMISSIONER KLUCIK: So what was your property zoned before it was -- it was zoned for residential? MR. BROWN: I have no idea, because it's been zoned residential probably since the 1950s, but I couldn't tell you before then. COMMISSIONER KLUCIK: Probably agriculture, but I don't know. MR. BROWN: At some point probably. COMMISSIONER KLUCIK: I guess, you know, the point -- you can guess what my point is. Everyone comes to the table with rights and goes through the same process. As the Vice Chair, you know, mentioned, we don't get into the particulars of what the dock is going to be like. That's a problem that has to be resolved by the petitioner at the next stage with whoever -- whatever body they're going forward with. I get that there's practical -- there could be practical issues, but we also have -- you know, are there riparian rights that go with agricultural land? MR. BOSI: I'd have to defer to the County Attorney's Office on that. COMMISSIONER KLUCIK: Like, are there -- right now is it zoned -- are there riparian Page 35 of 67 Packet Pg. 39 October 5, 2023 5.A.a rights to have docks? COMMISSIONER SCHMITT: Oh, yeah. MS. ASHTON-CICKO: Well, I think that in order to have a dock you'd have to have the principal use, which would be a residence, so they could probably have up to two docks; is that correct, Jaime? COMMISSIONER SCHMITT: Probably three. MS. ASHTON-CICKO: Or two slips. MS. COOK: They can have up to two slips with a primary residence on the property. COMMISSIONER KLUCIK: Which is probably going to, you know, make an imposition 25 percent, so you're going to have that narrow, you know, place anyways. MS. COOK: Correct. And again -- COMMISSIONER KLUCIK: And my point simply is, people have rights. Landowners have rights. Landowners have a right to petition. We have a right to -- you know, we, then, have a duty to -- an obligation to evaluate the petition. You raise a good point, but I think the -- to the extent there are practical issues with whatever -- however the riparian rights end up being executed, you know, by the petitioner at that stage, that really isn't our decision to worry too much about. It's certainly, you know, good for us to be aware of it, but I certainly wouldn't make a decision on that -- on that basis. But I appreciate your input. MR. BROWN: Thank you. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Yeah, let me give you kind of a tough hypothetical. Let's pretend you're a judge and pretend you don't live at Brookside and Mr. Yovanovich appears in front of you and Brookside folks, and you've got to weigh the rights of the existing neighbors who have been there, had docks, and it's a small, I understand, local channel, and they've got property rights, and I would assume that their ability to say it's going to be a boating community is extremely valuable to them, what compromise or what would you propose that they build, or would you just -- you don't have any thoughts other than they shouldn't have the docks there? MR. BROWN: Well, obviously, I'm highly biased, but I'm going to try to take off that hat as being somebody who lives there and also that probably most of us don't want judges proposing compromises to parties in court, but -- say I'm a mediator. COMMISSIONER VERNON: How about king for a day. MR. BROWN: Yeah. Well, I mean, I did hear something about size limitation on vessels, and I would like to see a study that indicates depth and the ability of vessels to get in and out of there. There's a safety issue. A study that would show if you went out 25 percent on both sides of the creek at the point they're talking about, you know, how large of a vessel could be accommodated. At that point how are vessels going to turn around? I mean, that's a dead-end there, so -- just past there, so you've got to be able to -- you know, up the creek, you've got to be able to turn back around and head back out. So I would probably want to know the answers to those questions before I would be able to say if there's any acceptable use that involves putting a bunch of vessels on the other side of a narrow waterway where there are already boat docks on one side that have been there for decades. COMMISSIONER VERNON: And if we had to make a decision today, what would you propose? What kind of condition would you propose we suggest or -- MR. BROWN: I would propose denying it unless you had proof that it would not adversely impact the property rights of the other owners that have already been living there. CHAIRMAN FRYER: I think there are other approval authorities with much greater expertise than perhaps we have to look at this, and I have confidence in their judgment to know that if all you can getup and down there is a johnboat, that's what they're going to limit it to. But I'm not in a position to make a judgment on that, and I don't know that there's -- the people in the room have sufficient evidence to inform me sufficiently that I could. So I guess from my perspective, I think we're getting out a little bit ahead of our skis. MR. YOVANOVICH: For the record, Rich Yovanovich. Page 36 of 67 Packet Pg. 40 October 5, 2023 5.A.a There's a process that we have to follow. All your -- and the process is to go get a boat dock extension after we get our zoning approved. If we can't safely navigation, I'm not going to meet the criteria, and I'm not going to get approval for a boat dock extension. We have pretty much all of those questions that he just raised available to you, but I don't think this is the right place to make the determination as to whether or not to approve the boats. The right place under the County Attorney's process is to go apply for it and go to the Hearing Examiner. And if we meet the criteria, those criteria protect not only our riparian rights but the riparian rights of everybody else who's accessing that water. CHAIRMAN FRYER: I'm inclined to agree with that. Mr. Brown, you're excused. Thank you, sir. MR. BROWN: Thank you very much. Have a nice day, everyone. CHAIRMAN FRYER: Thank you. Do we have any further registered speakers? MR. SABO: Mr. Chair, there are no further registered speakers. CHAIRMAN FRYER: All right. Anyone in this room who is not registered to speak but wishes to be heard in this matter, please raise your hand. (No response.) CHAIRMAN FRYER: I see no hands being raised, so with that, we'll close the public comment segment of this hearing. Mr. Yovanovich, any further rebuttal? MR. YOVANOVICH: Yeah, there's --no, it's not rebuttal; just a clarification. It should be 12 boat slips, not 15. So we need to make that correction. CHAIRMAN FRYER: Oh, okay. COMMISSIONER VERNON: Can I ask a question, Mr. Chairman? CHAIRMAN FRYER: Go ahead. COMMISSIONER VERNON: I heard 12 from you, 15 from him; 15 houses, 12 boat slips. But are you authorized to do 15 and planning to do 12, or you're only authorizing 12? MR. YOVANOVICH: What I'm asking you is to modify the PUD to limit us to 12. COMMISSIONER VERNON: Yes, gotcha. MR. YOVANOVICH: If it says 15, it should say 12. COMMISSIONER VERNON: Gotcha. And are the -- if you don't mind, Your Honor -- Your Honor. Your Honor? He's not responding. Your Honor? CHAIRMAN FRYER: I have no honor. COMMISSIONER VERNON: Your Honor? Do you currently have any restrictions on the size of the boats in -- MR. YOVANOVICH: Do you really want me to get into the detail of the depths of the water and -- COMMISSIONER VERNON: No. I'm just asking you whether you currently --I can ask, Jeff, do you currently have thoughts on that? MR. ROGERS: Yes, sir. Basically, we got a third party to do a water bathymetric survey for us to provide to the county as part of the MPP consistency review process, which is here -- we're getting into the weeds here, but negative 4 feet mean low water, which means on an average low tide, you have four foot of water, which allows for, you know, enough room for a manatee and a vessel. This is a natural waterway. It's called Rock Creek for a reason. It's shallow. It's narrow. It's one creek left that hasn't been man altered significantly until you get closer to Brookside area. So it's a natural waterway. We have the study. We have the depths. We're subject to the process, and that's really -- it's gonna be a tough process, but we're subject to the process. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: Thank you. CHAIRMAN FRYER: All right. No one is signaling at this time. We've closed the public comment segment. Page 37 of 67 Packet Pg. 41 October 5, 2023 5.A.a One final question of Mr. Yovanovich; if you want to be heard on rebuttal, now's the time. MR. YOVANOVICH: No. All we're asking is you recommend approval to the Board of County Commissioners, you know, with the condition that we deal with the Naples Airport Authority between now and the Board. CHAIRMAN FRYER: Okay. So just -- let me before -- because we may be getting some motions coming in pretty quickly. We're going to take the paperwork before us, and we're going to say our approval is subject to the conditions informally agreed to by the petitioner and the Naples Airport Authority and, second, to modify from 15 to 12 boat slips, and I think -- MR. YOVANOVICH: Correct. CHAIRMAN FRYER: -- in every other respect it stays the same. With that, I'll open it up for discussion and/or motions. Vice Chairman? COMMISSIONER SCHMITT: Yeah. I just want to add, in regards to my colleagues, the enforcement of the Manatee Protection Plan is pretty strictly enforced by Jaime and her staff, so -- and the whole process is pretty strictly monitored, which Turrell, Hall & Associates is well aware of. So it's -- I have every confidence from what was stated here that we have nothing to worry about in regards to the approval process. And then when it goes through the state and the federal review entities, it will be strictly controlled, and the regulations will be strictly adhered to. So I just want to make sure everybody knows that. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I would like to make the motion to approve as you stated the motion. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SCHMITT: I'll second. CHAIRMAN FRYER: Further discussion? COMMISSIONER VERNON: Yeah. CHAIRMAN FRYER: Go ahead, Commissioner Vernon. COMMISSIONER VERNON: I do have concerns about the docks, but I think that, based on what Commissioner Schmitt said and my understanding, it's probably beyond -- it's not a legitimate basis for me to object to the project. CHAIRMAN FRYER: Thank you. Any further discussion before we vote? (No response.) CHAIRMAN FRYER: So it's the paperwork as presented plus the conditions informally agreed to between the petitioner and the Naples Airport Authority and modification from 15 slips to 12. COMMISSIONER KLUCIK: Mr. Chairman, and that's subject to their eventual mutual agreement? CHAIRMAN FRYER: Yeah, of the language. COMMISSIONER KLUCIK: Yeah, yeah. CHAIRMAN FRYER: All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Page 38 of 67 Packet Pg. 42 October 5, 2023 5.A.a Thank you, applicant, members of the public, staff, Planning Commission. COMMISSIONER SPARRAZZA: Mr. Chairman? CHAIRMAN FRYER: Sir, go ahead. COMMISSIONER SPARRAZZA: I would just like to say, on behalf of all of us -- and I apologize if -- I'm not sure if it was my colleague next to me or not that suggested the two parties that were having a difference literally go in the hallway and work through it, and they did. And if we could do more of that throughout government, business, and, heaven help us, in Washington, this place would be a lot better. And I just want to applaud both of these guys that -- let's face it -- that were not going anywhere, they went out in the hallway, and in 25 minutes came back and they told this board we have an agreement that we're both going to work through and take care of the dotting the is and the t's, and I just think that was great. It was a great example of what can be done when you put your mind to it. Thank you, gentlemen. CHAIRMAN FRYER: Thank you very much. I agree with all that. COMMISSIONER KLUCIK: And all I did was mimic our chairman, his past practice, so... CHAIRMAN FRYER: Well, thank you for that, I think. COMMISSIONER SCHMITT: Your Honor. CHAIRMAN FRYER: Yes. COMMISSIONER VERNON: Your Honor. CHAIRMAN FRYER: All right. So I would like to throw this out as a suggestion how we proceed. I'd like to start on the next matter now. We've got, I think, possibly six public speakers. It would be nice if we could get to them. And if this runs -- if this runs us into, like, a 1:00 p.m. lunch, and I'll extend it, even a 1:30 lunch, is this -- is this the way the Planning Commission wants to proceed? COMMISSIONER VERNON: Yeah. COMMISSIONER SHEA: Yes. CHAIRMAN FRYER: All right. And the court reporter's okay with that? THE COURT REPORTER: (Nods head.) CHAIRMAN FRYER: All right. So that's what we'll do. Let me call the next matter. ***Okay. PL20220003791, the Marco Shores Golf Course CPUDA. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Disclosures, please. MS. LOCKHART: Staff materials only. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials and site visit. CHAIRMAN FRYER: Matters of public record, meeting with staff, and communication with the applicant's representative. COMMISSIONER SCHMITT: My only comment was, walking in, I said to Noel, I got his email. I had no questions to ask of him, so I never responded to his email. CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: Plus the fact that we were off email for several days, us two new commissioners. COMMISSIONER SHEA: They forgot to renew us. CHAIRMAN FRYER: Very strange. COMMISSIONER SCHMITT: They didn't renew us. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: I have not had anything but the staff briefing. CHAIRMAN FRYER: Thank you. Page 39 of 67 Packet Pg. 43 October 5, 2023 5.A.a COMMISSIONER SPARRAZZA: Just staff briefing. COMMISSIONER SCHUMACHER: Packet of materials and a conversation with Mr. Davies. CHAIRMAN FRYER: Thank you. With that, Mr. Davies, you have the floor. MR. DAVIES: Thank you, Mr. Chairman. Good morning, Commissioners. Noel Davis with the law firm of Davies Duke on behalf of the applicant for this item, SK Holdings Real Estate, LLC. I have with me today Jonathan Kassolis, the client representative. My client is a local legacy developer herein town. They've done a number of projects, very high quality, over the years here, and they typically are accustomed to managing their projects after construction. Christopher Scott is our professional planner with Peninsula Engineering. John English is here today, our civil engineer, also with Peninsula, and Norman Trebilcock is our transportation engineer. The subject property's located at the end of Mainsail Drive immediately west of the Marco Island Executive Airport. Our request is an amendment to an existing PUD, Marco Shores, which covers approximately 314 acres. My client is seeking to add 90 market -rate apartment units, which results in a density of 5.3 units per acre across the PUD. The PUD is currently approved for 1,580 dwelling units, which is five units an acre, and our request would increase that total number to 1,670, which, again, is 5.3 units an acre. The subject project would be Phase 2 of what's known as the Mainsail Apartments. Phase 1 completed construction in July of'22. It has leased up very quickly. There is still significant demand for market -rate apartments, particularly in this portion of the county. The subject property was previously owned by the City of Marco Island. It was used as a utilities wastewater treatment plant and related uses. The utility use and corresponding improvements were discontinued and removed from the property between 2018 and 2020, at which time the City of Marco put the property up for sale, and it was recently purchased by my client. With that, I would like to introduce my client's professional planning, Christopher Scott, who will walk you through the rest of our presentation. Thank you, Commissioners. CHAIRMAN FRYER: Thank you. MR. SCOTT: For the record, Chris Scott with Peninsula Engineering. Again, this Planned Unit Development amendment request is for the additional 90 units, which would make possible the second phase of the Mainsail apartments. The Phase 1 includes existing 100 market -rate units, and this would allow for an additional 90 units. The transportation study identified this additional density would result in another 35 peak -hour p.m. trips. The development team on this project is the same that did the first phase; the same engineering firm, same architectural firm. So the units will share a similar look and feel of what is already there. Those are shown on the images on the bottom of the screen, and there will be an interconnection from the existing first phase to this one. So this is the proposed Master Concept Plan. The image on the right is just a blowup of the area on the eastern side of the development. The area would all become part of residential Parcel 2A. On the opposite side, you have the golf course -- opposite side of Mainsail Drive is the golf course. To the north of the property you have existing preserve lands. We are adjacent to the Marco Island Executive Airport. I know you just had lengthy conversations about airports, so timing could not be more perfect. We are in the airport overlay. The obstruction height listed is 100 feet, which is measured above the elevation of the runway itself. The maximum height permitted for this property would be 58-foot zoned height, 72-foot actual. So we will not be considered an obstruction by that requirement, and we've also added a couple conditions to the PUD to address making sure that -- let me see if I have them in here. I do Page 40 of 67 Packet Pg. 44 October 5, 2023 5.A.a not. They are in your staff report, but one would be a notification to potential lessees that they are adjacent to an airport and there's noise associated with that, and the other is to provide a copy to the Marco Island airport any FAA permits that we would be required to go through both for the new construction and the cranes associated with that construction. So the proposed amendment is consistent with the findings of the Land Development Code. That analysis is in your staff report. I won't go through there. But we are suitable with the development near by. There's multifamily immediately to the west. This would be a continuation of golf course to the south, preserve to the north. It conforms with the Growth Management Plan. The staff has reviewed the petition and is recommending approval. And with that, I'll ask that the Planning Commission forward a recommendation of approval to the Board of County Commissioners, and I'm here for any questions that you may have. CHAIRMAN FRYER: Thank you. No one is signaling at this point. Planning commissioners have any questions? (No response.) CHAIRMAN FRYER: Apparently not. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you, sir. A quick question. I apologize. I thought you answered. Just want to confirm. Will there be an interconnection between the existing property and the new property? MR. DAVIES: Yes, sir. COMMISSIONER SPARRAZZA: Okay, great. And with a letter that we received -- not that I'm for it or against it -- but what is your vacation rate currently with the existing building? MR. DAVIES: I think it's right around 7 percent or something. It's in the 90s occupancy -wise. COMMISSIONER KLUCIK: Oh, you're that high, okay. Very good. Thank you. No further questions. CHAIRMAN FRYER: Thank you. Let's see. Commissioner Vernon. COMMISSIONER VERNON: Yeah. Are there any --just a couple basic questions. Any environmental issues because it's formerly a water treatment plant? MR. DAVIES: No, I don't believe so. I think that's all been remedied. COMMISSIONER VERNON: Okay. No affordable housing component, right? MR. DAVIES: Correct. COMMISSIONER VERNON: And I just can't resist doing this; is there an avigation easement in play here? MR. DAVIES: No, sir. COMMISSIONER VERNON: What is the -- a little more serious. Has the airport had any input on this? MR. DAVIES: The airport's reviewed it and doesn't have any objections. COMMISSIONER VERNON: Okay. CHAIRMAN FRYER: Okay. Anything further from the Planning Commission? (No response.) CHAIRMAN FRYER: If not, we will turn to staff for its recommendation. MR. BOSI: Mike Bosi, Planning and Zoning director. As contained within the staff report, we've reviewed the proposal for consistency against the Growth Management Plan, reviewed the location for compatibility analysis, access, infrastructure availability. We have positive results on each one of those analyses, and based upon that, staff is recommending approval of the proposal. CHAIRMAN FRYER: Thank you. Any questions or comments for staff? Commissioner Shea. Page 41 of 67 Packet Pg. 45 October 5, 2023 COMMISSIONER SHEA: Just a question. I mean, we go through this all the time. You're putting 90 homes on four acres. That's 22 dwelling units an acre. And I know we're averaging it out over the entire PUD. I'm assuming that this additional 90 would still keep the PUD within the agreed -to density, or is this going to -- I always hate when we take a little piece of land, we overload it, and then we spread it out over all these other acres. And I know that's the way it works, but -- MR. BOSI: This project is unique in terms of the age of it. By Florida. Statutes, it's vested for 1,970 overall units. This request will put them well below that vested number of units that are entitled to the project. So even though the net density at the --on the four acres will definitely be higher than 5.3, the total units that are being requested are within the -- within the rights that are associated with this property. CHAIRMAN FRYER: Mr. Bosi, you said 1,970. My notes say 1,980. MR. BOSI: I think I misspoke; 1,980. CHAIRMAN FRYER: Okay. So 1,980 divided by 314.7, what kind of density does that give you? COMMISSIONER SHEA: How many acres; 340? CHAIRMAN FRYER: 314.7. COMMISSIONER SHEA: 6.3. CHAIRMAN FRYER: That's what I roughly thought, yeah. MR. BOSI: Correct. CHAIRMAN FRYER: Okay. So even at 5.3, they're well under what they've already been vested for, are they not? MR. BOSI: Yes. Yes, they are. CHAIRMAN FRYER: Okay. All right. Other questions or comments for staff from the Planning Commission? (No response.) CHAIRMAN FRYER: If not, thank you. And we will turn to the subject of registered speakers. MR. SABO: Mr. Chairman, we have 10 registered speakers, about six online. And we have two podiums, so if we can get David Wuellner at the right -side podium and Ann Marie Foley at the left -side podium, please. CHAIRMAN FRYER: All right. And you're Mr. Wuellner. MR. WUELLNER: Yes. CHAIRMAN FRYER: You have the floor. MR. WUELLNER: My name is David Wuellner. I live at 1528 Mainsail Drive in the Tropic Schooner Condominium. Just a little bit of a history about the Mainsail Drive or Marco Shores development. It was the result of many, many years of litigation between the state and the federal government and the environmentalists and the Deltona Corporation when they were madly going about trying to develop Marco Island and all areas north all the way up to Naples. When the environmental movement began in the '70s, they were pretty much stopped in their tracks, and through years of litigation, were finally allowed to develop one little piece of land left which was the little road that went to the airport and Mainsail Drive. And so the PUD that we're talking about here has been in existence for greater than 40 years. Tropic Schooner was the first community that was developed by the Deltona Corporation. I found it interesting that in the prior agenda item, there was a lot of talk about the sanctity -- I don't want to use the word "sanctity," I guess. The nice thing about PUDs and master plans is certainty and that in PUDs you can get more than if you just follow basic zoning law. And I guess that's pretty much what we're asking for here. And I might also add, if you're doing your math, 1,980 or 1,580, whatever the number is, divided by the number of acres, you're throwing in, you know, a huge 18-hole golf course within that -- within that 314.7 acres. So, actually, if you really count the density, it's much higher than Page 42 of 67 Packet Pg. 46 October 5, 2023 5.A.a that if you -- you're not talking about -- including the golf course land. And I can't speak to the -- to the history that was -- that happened a few years ago when they developed Borghese, but my understanding is -- and I'm sure future speakers will speak to that -- is there was a capitulation among the Mainsail owners at that time when they developed that that if we would allow them to increase the height of those buildings to three stories we, in turn, would get something because we're a PUD, and they would -- they would develop or landscape the road from the Hammock Bay entrance all the way to the airport. The county invested God knows how many, $20 million, whatever, in the new airport a few years ago and, frankly, the road looks like something out of third -world country, especially this time of year. I've got to say the worst landowners we deal with on Mainsail Drive is Collier County and how poorly maintained and cared for our road is. It's not maintained -- mowing -wise, they wait until the grass is two feet tall. The sidewalks that you just spent a bunch of money on repairing is allowed to just grow over with weeds this time of year. It's -- you have allowed at least 12 squatters to remove mangroves so that they can keep their boats and their boat trailers in there. It looks like a homeless community in busy times of the year, and that's been allowed to happen. So it's hard for me to understand how important mangroves and the environment are when this PUD was put together to protect all that. So in the interest of that, I would implore that you -- that this not be allowed. That land was supposed to be a park. So if the master plan has any value, that's what that land was supposed to be. Half of it was going to be to support the Marco Island Utilities property, but the property adjacent to it where these apartments are was supposed to be a park. So so much for master plan. So that's all I really have to say about the matter. But I really hope that this would get a negative recommendation. Thank you. CHAIRMAN FRYER: Thank you, sir. Ma'am. MS. FOLEY: Good morning. I'm Ann Marie Foley. I live at 1355 Mainsail Drive, Unit 1501. CHAIRMAN FRYER: Did you say Foley? MS. FOLEY: Foley, yes. CHAIRMAN FRYER: Got it. Thank you. Go ahead. MS. FOLEY: And my husband, John, and I live at -- on Mainsail in Mainsail 1, which was the first property that was developed along Mainsail Drive back in the -- back in the day, a long time ago. I had the privilege of working for the Mackle family and the Deltona Corporation a long, long time ago, so I'm very familiar with the plans and what happened over the years. And one of the things that they did right was they set land aside for parks. And there's lands that's been set aside for parks. Now, they were forced to sell the property, but the zoning didn't change. And I don't -- I think the developers are going to get their way and be allowed to develop the property. I get that. I accept that, but I think a more appropriate way to handle this would be to take land somewhere else between the current rental property and Mainsail 1 and convert it to that many acres of a park and not give up parkland. I mean, I think as a Planning Commission, that's a very important part of your role is to maintain a property that will be left in its natural state. I don't ever want the park developed. I don't want a playground. I don't want a parking lot. I want it to be a passive park where people can go and enjoy, those of us that can walk to the property. I have a couple of other thoughts on this. I want to emphasize that the -- there will be a better presentation about the median work than I'm prepared to give, but I strongly, strongly endorse that. But I think this trade of parkland property is particularly important. The other -- what the gentleman before me spoke about, the people storing boats and chairs and destroying the mangroves, that's a real problem, and Collier County should be addressing it, but so should the landowner. The landowner has a responsibility to call. I -- you know, I'm not Page 43 of 67 Packet Pg. 47 October 5, 2023 5.A.a sure that I'm allowed to call and complain about those things, but the owner of the property has the responsibility to make sure it's not used in such a trashy way as some of it is. The last and final thing that I would suggest is that -- and there may be -- I'm sure some of this is overlap, but the rules at the rental property complement the rules at the condo associations that predate there. So all the Mainsail 1, 2, 3, and 4, Fairways 1 and 2, Tropic Schooner, we all have rules, and we think that it's important that those rules also apply in rental property in the area to maintain the value of our property, which is all we're asking to do, is to maintain what we have. For example, most of us do no allow motorcycles on the property, and -- so particularly overnight parking. And anything like that would be very helpful to ensure the future attractiveness and to maintain and, in fact, build on the beauty of Mainsail. Thank you. CHAIRMAN FRYER: Vice Chairman? COMMISSIONER SCHMITT: Yeah, I have a question. You mentioned you would like to see it become a park. Are you suggesting that maybe the county should buy this land and convert it to a park? MS. FOLEY: Oh, gosh, no. No. I'm suggesting that SK Holdings take other property that they own and ask for it to be zoned parkland right on Mainsail Drive, because I believe they own all the property between the rental property and Mainsail 1. COMMISSIONER SCHMITT: So you're asking that the developer convert this to a park? MS. FOLEY: Yes, yes, and that you ask him to do that as well. COMMISSIONER SCHMITT: Well, I can't ask him to do anything. It's not my property. I mean, I can only recommend based on the Land Development Code. I can't say you need to build a park here. I just wanted to clarify, you wanted a park, but you want the developer to build a park? MS. FOLEY: I don't want anything built. I want to trade the designation of parkland from where they want to develop, okay, fine, develop there, and give us other equal amount of property as passive parkland on Mainsail Drive. COMMISSIONER SCHMITT: This land was once owned by Marco Utilities. That was -- and that's who they bought land from. Because originally it was going to be an expansion of the water plant, if I remember, or the water/sewer plant. I'm not sure. MS. FOLEY: But it's zoned for park. COMMISSIONER SCHMITT: Okay. The second question, I just want to reiterate, if you see anything that violates the Land Development Code, chairs, debris, mangroves being destroyed, you have every right to call Code Enforcement. That young lady sitting in the back way back there, Jaime Cook, I'm sure she could help you understand you have every right as any other citizen in the county to make -- file an initial complaint through Code Enforcement, which will require Code Enforcement to come out. If it's an issue with the homeowners or the property owner or whomever, they will be issued a citation if they're found in violation of the Land Development Code. MS. FOLEY: Well, I do have their phone number in my phone, so, rest assured, we'll be chatting. CHAIRMAN FRYER: Good. MS. FOLEY: Thank you. CHAIRMAN FRYER: Thank you, ma'am. Next speakers, please. MR. SABO: Mr. Chairman, the next two, David Abrams at the right podium and Marlene Mahony at the left podium, please. CHAIRMAN FRYER: Thank you. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner. COMMISSIONER KLUCIK: I'd just like to ask counsel, or maybe staff, is there any obligation of the landowner to have any parkland in this general area? MS. ASHTON-CICKO: No. There was a prior master plan that did show a park, but it Page 44 of 67 Packet Pg. 48 October 5, 2023 5.A.a was -- I'm not sure which direction it is, but to that side. COMMISSIONER KLUCIK: But that master plan -- MS. ASHTON-CICKO: But it was modified. COMMISSIONER KLUCIK: --didn't obligate them to use it as a park. That was just a concept they had? MS. ASHTON-CICKO: I think they changed it over time. I don't know if you have any more history, Mike? MR. BOSI: Mike Bosi, Planning and Zoning director. What I can say is it's not a park that's a public park. This would be an internal decision from the developer. And the original developer -- (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Right. So there's no legal -- there was no legal obligation to provide a park for anybody, whether it was their own nearby residents or whatever. That was a concept that they had. MR. BOSI: There's no legal obligation for it to be built, and as any master plan, the designation can be changed to a different use if it, you know, goes through the public process. CHAIRMAN FRYER: Okay. Thank you. Mr. Abrams, you have the floor. MR. ABRAMS: David Abrams. I'm resident, along with my wife, at Mainsail Drive, 1042 Mainsail. I'm here today because I've looked at some of the statutory requirements regarding density, and I've heard the comment about the density being a ratio of four acres, 22 units per acre. And, quite frankly, I think that that is an accurate statement in this regard because what they are looking to do is they are taking a separate tract of ground that they acquired after the PUD was created, and they're trying to get it zoned for use by the PUD. That is, in my opinion, an infringement on the density requirement, because the density requirement deals with the four acres, not with the 321 acres which, interestingly, shows on the first PUD. This transaction is not increasing -- not dealing with the vested part of the original PUD. That was changed to 1,580 units, I think, in 1994. I don't remember the exact date; however, the point of the matter is that someone made a decision to reduce the density, not increase it. It was reduced -- the density was reduced by virtue of the fact that the PUD was changed by ordinance from 1,980 to 1,580. Now they want to increase it. They're using the additional four acres and arguing that, in fact, it's an increase in density but not by very much. I think this board, quite frankly, is relegated to looking at the four acres. I think that that's an important factor here because of the concentration of the density. They have 100 units, and immediately next door they want to put 90 more. I don't think that the Growth Management Plan, the current proposed Growth Management allows for that. I think that the most they could probably put on that property is maybe 64 units, not 90. And I think it's -- if you look at the Growth Management Plan, and it's -- hold on -- 2.05.01, the density standards and housing types. CHAIRMAN FRYER: That's the Land Development Code. MR. ABRAMS: That's correct. CHAIRMAN FRYER: Not the Growth Management Plan. MR. ABRAMS: Well -- but it deals with the Land Development Plan. If you read it, you will see that in a multifamily section -- they even give an example. If it's an RMF 6(4), it allows all uses and development standards of the RMF-6, but density is limited to four dwelling units. In this case, there's an issue. Is it six? Is it 12? Is it 16? And I believe that you have to look at the four -acre tract, not the 321-acre tract, which, by the way, is different. The original PUD shows, if I can, Exhibit E to the original PUD, shows 321.4 acres. They somehow now have 314. And if you look at the size and dimension of the golf course which is, I think, a major factor -- we're not looking at density within a golf course; it's between 183 acres and 173 acres of the 314. We're looking at a density factor that's much greater, Page 45 of 67 Packet Pg. 49 October 5, 2023 5.A.a especially in a concentrated area with 100 acres and, right next door, 90. I don't see how you can take a golf course, which is 173 acres, and use that as a multiplier to determine the density factor. The density factor deals with the housing and how much housing is allowed. Now, in conformity with that -- CHAIRMAN FRYER: You have 30 seconds, sir. Mr. Abrams, just to let you know, you have 30 seconds to wind up. MR. ABRAMS: Okay. I would point out to you that if you look at 163.3215, it talks about development order materially altering the use or density of a use on a particular piece of property, not necessarily a golf course, and not necessarily 321 acres. So I would ask you to take a look at that, and I would also -- I looked at the staff proposal. The staff proposal talks about transportation issues, and it sort of slides by it because it looks like it was done sometime in May. Sometime in May, it is not in season. So when you get into that situation, you're going to find that there's probably a lot more traffic that impacts on it from Collier Boulevard. And I'll rest with that. Thank you very much. CHAIRMAN FRYER: Thank you very much. Ms. Mahony, are you -- MS. MAHONY: I'm going to relinquish my time to Zoom where Gary Ceremuga is going to be discussing the same thing I was going to discuss. CHAIRMAN FRYER: Thank you. Who's next? MR. SABO: Mr. Chairman, we are now at Zoom speakers. Allen Butterfield is next. CHAIRMAN FRYER: Mr. Butterfield, can you hear us? (No response.) CHAIRMAN FRYER: Mr. Butterfield? (No response.) CHAIRMAN FRYER: Who's next? MR. SABO: Next is Gary Ceremuga, please. CHAIRMAN FRYER: Mr. Ceremuga, are you there, sir? (No response.) CHAIRMAN FRYER: Mr. Ceremuga? (No response.) CHAIRMAN FRYER: Next, please. MR. SABO: Next is Ethel Quinn. CHAIRMAN FRYER: Ms. Quinn, can you hear us? (No response.) CHAIRMAN FRYER: Are we confident that we're connected to the public? MR. SABO: Yes, Mr. Chairman, we are connected. COMMISSIONER SCHUMACHER: Are they unmuting themselves? MR. SABO: Yeah. We are sending "ask to unmute" requests to each speaker. CHAIRMAN FRYER: All right. MR. SABO: All right. Next is Frank Sparicio. CHAIRMAN FRYER: Mr. Sparicio, are you there? COMMISSIONER VERNON: Is it possible we're muting them? MR. MILLER: We're good here. CHAIRMAN FRYER: Mr. Miller? MR. MILLER: Oh, wait. Hold on a minute. No, they were not good here. You're going to need to try them again. CHAIRMAN FRYER: All right. Well, we'll start over again. MR. SABO: All right. Mr. Chairman, we're going to go back to Allen Butterfield, please. CHAIRMAN FRYER: Mr. Butterfield, can you hear us, sir? Mr. Butterfield? Page 46 of 67 Packet Pg. 50 October 5, 2023 5.A.a (No response.) CHAIRMAN FRYER: Next? MS. BUTTERFIELD: Hello. COMMISSIONER VERNON: Hello. CHAIRMAN FRYER: Who do we have? MR. BUTTERFIELD: I'm not muted. CHAIRMAN FRYER: Are you Mr. Butterfield? MS. BUTTERFIELD: This is Butterfield. Can you hear me? CHAIRMAN FRYER: Yes, we can. Go right ahead. MS. BUTTERFIELD: Oh, wow. Great. Thank you so much. We've been having a problem. I know that Gary, who is behind us, was also actually trying to speak, but you were unable to hear him. CHAIRMAN FRYER: Well, we'll revert and find out who else wants to speak, but you go ahead, Ms. Butterfield. MS. BUTTERFIELD: Okay. Thank you so much. I want to thank Ms. Foley and Mr. Abrams and some of the other speakers for getting up and sharing their positions. I actually think that it will probably be approved even though I think that the transportation study might have not been full. I would like to propose, though, that, in good faith, that the roadway, the median, actually be improved. Somebody earlier -- I believe the first speaker mentioned about the fact that it was supposed to have had palm trees and a median all the way down to the airport, and that was never done. I think that that would actually go quite far to help mitigate the traffic noise and increase the beautification of the area. So it would be nice if the developer actually took that into account when they actually get approved, because I do believe they will be approved. CHAIRMAN FRYER: All right. Well, the applicant -- MS. BUTTERFIELD: And that is all. Thank you so much for -- CHAIRMAN FRYER: Thank you very much. Did you want to -- COMMISSIONER SHEA: Well, I wanted to follow-up on her question about the roads. Who is responsible for the roads -- the road in the community? Is it a county road? Is it an HOA road? CHAIRMAN FRYER: It's more complicated than that. And let me say what I think is the case, and then correct me, Jaime, if I'm wrong. But I believe that there was a developer who had undertaken to do something -- a previous developer who had undertaken to do something by way of the median. Then that developer went into bankruptcy, and that the current applicant, the owner, does not inherit that legal obligation. Have I stated it correctly? MS. COOK: Again, Jaime Cook, director of Development Review, for the record. You are correct; however, the commitment within the PUD ordinance that has been there states, "Landscaping within the platted right-of-way would improve aesthetics and be of benefit to the community and the Marco Executive Airport. Landscaping within the right-of-way is encouraged." Based on that, I can't enforce that. CHAIRMAN FRYER: Okay. I've been down that road before on that word. Thank you. MS. COOK: You're welcome. COMMISSIONER VERNON: Wait, wait, wait. CHAIRMAN FRYER: Well, we've got Commissioner Shea and then Commissioner Vernon, but stay up there, Ms. Cook. COMMISSIONER SHEA: No, I asked mine. I'm sorry. I forgot to take the button off. CHAIRMAN FRYER: Okay. Commissioner Vernon. COMMISSIONER VERNON: So you're talking about being encouraged -- the previous developer was encouraged, never obligated? Page 47 of 67 Packet Pg. 51 October 5, 2023 5.A.a MS. COOK: Correct, yes. Now, if this petition were to move forward, any landscaping within the development, foundation plantings, the parking lot areas, buffers would still be required per our regular Land Development Code requirements, but Mainsail Drive is only encouraged, per the PUD. CHAIRMAN FRYER: Commissioner Shea. COMMISSIONER SHEA: Just a clarification. It is a county road. So if there's a pothole in the road, they call the county. They don't call the HOA. MS. COOK: I believe that is correct, but Mike Sawyer can correct me if I'm wrong that it's not a county road. COMMISSIONER SHEA: Because there's two issues: The road and the landscaping. MS. COOK: Correct. CHAIRMAN FRYER: Mr. Sawyer? MR. SAWYER: For the record, Mike Sawyer, Transportation Planning. I'm actually currently trying to confirm that it is a county road and that we do maintain it. I believe so, but I'm trying to get confirmation on that. CHAIRMAN FRYER: Okay. Let us know. Thank you. Next speaker, please. MR. SABO: Mr. Chairman, next is Gary Ceremuga, please. CHAIRMAN FRYER: Mr. Ceremuga, are you there, sir? MR. CEREMUGA: I am. Can you hear me? I am. Can you hear? CHAIRMAN FRYER: Yes, yes. Please go ahead, sir. You have five minutes. MR. CEREMUGA: Okay. Thank you. I'm an 18-year owner/resident on Mainsail Drive, so I'm going to give you a bit of recent history. The Marco Shores Planned Unit Development was designed for two-story low-rise residential buildings, and when the Hammock Bay Borghese condos were being built about 20 years ago, the developer, WCI, wanted to add a third story. And in consideration for the Marco Shores community, they offered to complete the palm tree line median to the airport. Well, sadly, WCI went bankrupt before they honored their commitment. I realize that was then and this is now and that was WCI and this is SK Holdings, but the goal remains the same. Over the years, there's been several unsuccessful attempts to get Collier County to get this done, but always not in the budget. This rezone request opens the door to get this median landscape project back on the table, in my view. With this proposed rezoning for 90 more apartments comes the potential of 180 more cars traveling up and down our quiet dead-end street. I know they were talking about 35 cars. They had to have done that in the middle of June when nobody's there. That's in addition to the 200 cars on the new -- CHAIRMAN FRYER: You're garbled, sir. Speak into the telephone. MR. CEREMUGA: I'm trying to talk right into it. CHAIRMAN FRYER: Speak into the telephone. MR. CEREMUGA: I'm on the computer. Can you hear me? CHAIRMAN FRYER: Now we can, yeah. MR. CEREMUGA: Okay. The 200 cars from the new 100 apartments are going up and down the road, and our tranquil neighborhood will be impacted forever. Mainsail Drive is very popular for walking, jogging, and bike -riding on the road. Our sidewalks are not conducive to this much activity. So, naturally, we're concerned about our safety, and we're worried about our market values. This amount of additional traffic and speeding will have a downward effect on the value of our homes. This is not what we bargained for when we bought on our quiet dead-end street. Collier County has done studies that have proven, and I quote Collier County, the benefits of median strip landscaping have been directly related to traffic calming and increased property values. To be fair, our Marco Shores community is asking for something in return for the rezoning of this property to soften the impact of our residents. Page 48 of 67 Packet Pg. 52 October 5, 2023 5.A.a We want the developer to shoulder the initial cost of landscaping the Mainsail Drive median strip from Hammock Bay to the airport. We're not asking for much. We liken our request to a buffer to enhance the area. Mark Wagner, president of Tropic Schooner, has been working with Collier County approved landscape businesses in quoting this project. The estimates for horizontal drilling, irrigation, and planting some 245 palm trees are in the 3- to $400,000 range. That's less than two months of rental income from the proposed 90 apartments. We feel this is proportionate to the impact of the development. If we come to an agreement on this project, we understand a Marco Shores MSTU -- for those of you who don't know, Maintenance Service Taxing Unit -- would have to be established for the future maintenance of the median. (Unintelligible) upwards of 740 if you add in the 100 apartments plus the 90 proposed, this cost would be minimal, almost unnoticeable. There are big winners in this rezone petition. Marco Shores is not one of them. Collier County gets their increased tax revenue, and the developer gets 90 more units of rental income. SK Holdings bought this property at a huge discount knowing -- CHAIRMAN FRYER: Thirty seconds, sir. MR. CEREMUGA: They paid about -- that's okay -- 740,000 for (unintelligible) acres, and they paid 2.1 million for the first one. I know the Collier County staff report dated August 23rd recommends approval of this rezone petition. Well, the Collier County taxpaying citizens of Marco Shores recommend an addenda to the rezone. That addenda: Give Mainsail Drive the finished tropical beauty it has long deserved, and everyone wins. (Unintelligible), Commissioner Rick, and the Board of Commissioners, the future of our tranquil neighborhood is in your hands. CHAIRMAN FRYER: Thank you, sir. MR. CEREMUGA: Thank you for your support. CHAIRMAN FRYER: Thank you very much. Next speaker? MR. SABO: Our next speaker is Ethel Quinn, please. CHAIRMAN FRYER: Ms. Guinn [sic], are you there -- Quinn? Ms. Quinn? (No response.) MR. SABO: All right. We'll try the next one. The next speaker is Frank Sparicio. CHAIRMAN FRYER: Mr. Sparicio, are you there? MR. SPARICIO: Yes, I'm here. CHAIRMAN FRYER: You have the floor, sir. Five minutes. MR. SPARICIO: I'd like to reiterate what the earlier speakers have mentioned. And I'm a resident of Hammock Bay, and I live in 1294 Rialto Way. I've been therefor 10 years. Was involved with some of the management of the property in our condominium. And I go back to the speakers who talked about the 1,580 units which were revised from the original plan, as I heard, 1,970, or whatever that number is. And I think the 1,580 was justly done. If you add what is already there, including the 100 apartments, that is 1,580 if you consider the two additional towers that would be built in Hammock Bay. The owner has already purchased that property and is just waiting to develop that property. Whether he builds two towers or the equivalent on a mid -rise, that will be the 1,580 units. On the traffic situation, I don't -- I don't think the airport expansion, which was just completed recently, has anything to do with the problem of guideline paths, because the guidelines are really very well done. They don't fly over the property. They go in a different direction. But the increased amount of traffic during the season for the airport is considerate. And getting the fire department and everything else down there if there were suddenly an accident is at question in the season. The traffic on Mainsail Drive in the season backs up at the light on 951, which we're very happy to have, by the way. But in the season --along 951 all the way to 41, in season you can Page 49 of 67 Packet Pg. 53 October 5, 2023 5.A.a back that traffic up all the way to the Mainsail light. It takes you 20 minutes to get from the Mainsail light to 41 during the season. So the 1,580 was rightly done, and you add another 94 [sic] to that, and the increased amount of people who live in apartments on a square -foot basis versus a home in Mainsail and Hammock Bay, adds additional traffic, which I think some of the earlier speakers already mentioned. So, basically, I'm not opposed to housing. God forbid, we need more housing in the county, more good -rate housing, which will not be here, but I am opposed to additional units within that tract, which was a utility -- was a utility operation before, and it just happens that they suddenly found out, okay, we have four and a half acres, let's build on it. Well, planning is not always just about building and development. Its about preserving and increasing infrastructure. The Mainsail Drive improvements on landscaping is a very valuable consideration, but the main problems are traffic and the increased amount of traffic as this -- as this county, in particular this area, the Isles of Capri, the planning board probably is aware, are contemplating about three or four more mid -rise buildings which would just add to the traffic. On Marco Island, every lot is being built on, if you just happen to know about Marco Island, very few lots left, or they're tearing down and building bigger ones. So the traffic that was contemplated with the improvements to 951 years ago is not nearly enough to take care of seasonal traffic. We live in paradise, but that is not paradise from November to May. I will end with that. I would really recommend a negative approval to this property. Thank you. CHAIRMAN FRYER: Thank you very much, sir. Next speaker. MR. SABO: Next speaker is Jim Winkelman. CHAIRMAN FRYER: Mr. Winkelman, are you there? Mr. Winkelman? (No response.) MR. SABO: We sent a request to unmute. Maybe we can come back. The next speaker is Norman Trebilcock. CHAIRMAN FRYER: As a member of the public? COMMISSIONER SCHMITT: He's representing the petitioner. MR. SABO: I just read what's in front of me. CHAIRMAN FRYER: Mr. Trebilcock? Is he calling in? MR. TREBILCOCK: Hello. MR. SABO: There he is. CHAIRMAN FRYER: Go ahead. Mr. Trebilcock, is that you? Go ahead, sir. MR. TREBILCOCK: Yes, yes. My only point on this would be just maybe some clarification on some of the comments to date on the traffic study. I wanted to verify, the traffic study we submitted is dated May of this year; however, just for understanding, we do use the county's AUIR, the most recent 2022 AUIR, which has the background traffic that gets collected, you know, in season as well. So when somebody sees a traffic study dated in May, it's not that the traffic was collected in May. It is based on the most current data that Collier County has, which is the 2022 AUIR. So that's really just the main point of that. And then the trip generation we use is the Institute of Transportation Engineers' trip generation. And then the only other clarification I just wanted to verify. I did double-check the most recent plans for the improvements on Mainsail Drive, and it does identify Mainsail Drive as a public right-of-way, which would be a Collier County right-of-way. It's not a monitored roadway by Transportation Planning, but it is a county public roadway as it provides access to the airport there, so -- and that's all I have. Thank you. CHAIRMAN FRYER: Vice Chairman. Page 50 of 67 Packet Pg. 54 October 5, 2023 5.A.a COMMISSIONER SCHMITT: I have a question. Norm, your traffic study, did it -- did you go as far as to study the impact at the intersection of Collier Boulevard and Mainsail? And, of course, that's -- on the opposite side of Mainsail is the egress -- ingress/egress to the Isles of Capri and, of course, one of the petitioners brought up the recent rezoning. Have you looked at all of the traffic calculations in regards to at the intersection of Mainsail and Collier? And what was mentioned was a 20-minute backup, and I -- that's a lot. I find it hard to understand that it's 20 minutes. But have you -- did you look at the impact of that intersection? MR. TREBILCOCK: No, we didn't do the intersection analysis; however, we did do the roadway length there of Collier Boulevard, and it was within satisfactory levels of service. During the Site Development Plan analysis, sometimes we'll look at the operational analysis of, say, that intersection or something to see if any improvements are needed due to the project. But as far as the link analysis, it did show that there was a satisfactory level of service there at that link on U.S. -- I mean, Collier Boulevard. COMMISSIONER SCHMITT: Okay. Thank you. CHAIRMAN FRYER: How many more registered speakers do we have at this time? MR. SABO: Mr. Chairman, we'll try Mr. Jim Winkelman one more time, and that would be the last. CHAIRMAN FRYER: Okay. Mr. Winkelman, are you there, sir? Mr. Winkelman? (No response.) CHAIRMAN FRYER: All right. We're going to close the public comment segment of this hearing and ask Mr. Davies if he has rebuttal. MR. DAVIES: Thank you, Mr. Chair. I don't really have much rebuttal. I stand by my previous comments. Your staff reviewed the density calculation. They also reviewed the Transportation Impact Statement. Your staffs recommending approval, as you know. I did speak with a gentleman late yesterday afternoon, which is the first time we heard from anyone after several weeks, having the neighborhood meeting. My client is certainly happy to consider any and all reasonable requests. Client's not going to build a park. Not going to landscape all of Mainsail Drive. But I did tell that gentleman yesterday -- excuse me -- late yesterday, which, again, is the first time we had heard from anyone, that we're happy to sit down between now and Board to consider any reasonable requests. But with that, Mr. Chairman, I don't have anything further. CHAIRMAN FRYER: All right. Thank you. No one is signaling at this point, and I would encourage you to -- if you make some headway in those discussions, please present them to the Board of County Commissioners. MR. DAVIES: Absolutely. Thank you, sir. CHAIRMAN FRYER: Anything else from up here? COMMISSIONER VERNON: Yeah. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: I guess -- yeah, I have some questions. The third speaker, David Abrams, spoke extensively about you bought four additional acres and now -- COMMISSIONER KLUCIK: I think your mic is too far away. COMMISSIONER VERNON: Oh, thank you. Thank you. COMMISSIONER KLUCIK: Better. COMMISSIONER VERNON: Yeah. The speaker No. 3, David Abrams, spoke about the four acres and how your -- as I understand what he's saying is you've got a PUD approved. You went out and bought four more acres, and you're trying to shove that inside the PUD on the density issue. I think it kind of goes to Commissioner Shea's question a little while ago, not to you, but a question he had. So what's your -- how do you respond to that? MR. DAVIES: Well, it's already in the PUD. COMMISSIONER VERNON: Okay. MR. DAVIES: So what we're doing is amending the PUD, which governs all of Marco Page 51 of 67 Packet Pg. 55 October 5, 2023 Shores, and that's how you calculate the density. You've got to look at the entirety of the PUD acreage and the entirety of the units being proposed. That's how the county's calculated density for some time. I defer to staff as to -- there's another way that they look at it, but I know that they reviewed this petition and are recommending approval on that. COMMISSIONER VERNON: Do you have any thought -- yeah, I was going to ask Mike next. Any different thoughts than what Noel just said? MR. BOSI: Mike Bosi, Planning and Zoning director. No, that is the way we calculate density within PUDs. All the property within the PUD is included within that density calculation. COMMISSIONER SHEA: That's how you get into such a high density. You have a golf course. CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Yeah. I think if we try to say that the last land developed, you know, can't take advantage of the rest of the land that's developed, then you have this tail end always getting shortchanged. And I understand it's like, yeah, but we're changing the use, but we're -- we are, and uses change all the time. And, you know, I've -- it's funny because my own personal experience was -- you know, I've been in Ave Maria since the very beginning, and the plans have changed over the years. And I was talking -- I think I was talking with my daughter about this, that -- and with a friend who was an attorney, by chance, and he -- or we were just mentioning that these things do change over time and you can't -- you know, whereas, when I was frustrated about something, I thought, well, that's not fair. You're changing it. And I realize, okay, the whole thing was put together, whatever, however many years ago, whatever project you're talking about, and, you know, decades have passed. I don't know how old this project is. Rough idea how old this PUD is? MR. DAVIES: I think the first ordinance was'81 or'82. MR. BOSI: Eighty-two. COMMISSIONER KLUCIK: Yeah. Okay. So that's decades later things change, and it's not reasonable to think -- you know, to hold people accountable to their initial ideas when they didn't hold them out as, you know, we guarantee we're going to do it exactly as this layout looks. You know, this idea that there's a process for flexibility based on practical concerns that landowners have, I think we just have to acknowledge that. And it does produce results that sometimes are frustrating, but I also think, in fairness to the landowner, any landowner, you know, we have a method by which these things are calculated, and we can't change it because we don't like the particular result. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. Quick question for Mr. Bosi. I believe it's been answered. I just want to make sure. When you said the original PUD included all of the area, at that point did the town or city of Marco own that site that eventually turned into the water treatment plant? MR. DAVIES: Well, I'd have to check the record. I don't know when the city purchased it. I don't think they owned it at the time of, like, that'82 approval, but at some point -- I know they opened it for many years and were operating the utility plant. COMMISSIONER SPARRAZZA: And just for my own clarification, that portion, the 4.1 acres, that Marco owned that your client purchased from, it was included in everything and could have been developed back then, let's say, if it was desired by any developer back at that time? MR. DAVIES: That's correct. It's part of the PUD. It was always part of the PUD. COMMISSIONER SPARRAZZA: It's always been part of the PUD? MR. DAVIES: Correct. I'm not trying to add it to the PUD. It's in the PUD today. COMMISSIONER SPARRAZZA: So as has come up in discussion, it's not looking at Page 52 of 67 Packet Pg. 56 October 5, 2023 5.A.a just those four acres independently? MR. DAVIES: Correct. COMMISSIONER SPARRAZZA: Thank you for the clarification. CHAIRMAN FRYER: Thank you. Commissioner Vernon. COMMISSIONER VERNON: Yeah. The consistent -- one of the consistent themes with the speakers has to do with this median, and Jaime gave us some clarification on the median, the palm trees, all that stuff. And was there a NIM? MR. DAVIES: Yes. COMMISSIONER VERNON: And were the concerns the same, pretty much, as they are here? MR. DAVIES: Certain concerns were raised. I know that's in the packet for today as far as the summary. I mean, I know there were other -- there were comments about landscaping on the median. There were comments about speeding drivers on Mainsail Drive. COMMISSIONER VERNON: Did you guys make any changes as a result of the NIM? MR. DAVIES: No. COMMISSIONER VERNON: Okay. MR. DAVIES: We hadn't heard from anyone since the NIM until, like I said, late yesterday. COMMISSIONER VERNON: Say that again. MR. DAVIES: So we had our neighborhood information meeting a couple weeks ago. I don't know when the date was, but we had it several weeks ago, and there were certain comments. A lot of the comments related to what exactly are you doing? What are you proposing? There were comments about whether the project had an affordable housing component, which it does not. There were comments about speeding cars. There were comments about landscaping. There were comments about don't do anything with the property. COMMISSIONER VERNON: But you made no adjustments? MR. DAVIES: Correct. COMMISSIONER VERNON: Okay. So I'm just trying to channel what they're thinking, and you're a different developer. Your client's a different developer. Are you guys willing to do anything on the median? Palm trees? Anything? MR. DAVIES: So like I said, Commissioner, we're happy to sit down after this with what the actual -- I'm not sure what the actual request is. If the request is for, at my client's cost, to landscape or add whatever it was, hundreds of palm trees from all the way down Mainsail Drive, I don't think that my client's going to agree to that. We haven't seen an actual proposal as to that. COMMISSIONER VERNON: Yeah. It seemed like -- MR. DAVIES: We're happy to consider something, certainly, but I don't know what their proposal is. COMMISSIONER VERNON: Yeah. I think that -- I don't remember the fourth speaker. I forgot his name. I think it was the fourth speaker gave a pretty specific thought process on that, and you may not have talked to him before. But I'm just --I guess I'm a little concerned that you stood up in rebuttal and said, yeah, we're willing to kind of work with them, but I see no indication that -- and maybe you don't have to. I'm not saying you have to -- but no indication you tried to work with them on the median, the palm trees, or anything like that. I don't see anything of that from your side. MR. DAVIES: Sure. So let me go back. There was not a clear proposal or comments at the NIM: We want you to do A, B, or C. There were questions about the project. There were comments, like I said, about speeding cars, about affordable housing. There was a series of comments and clarifications that my client's team provided about what we were proposing. We had heard nothing from them; provided all the requisite contact information at the NIM. We are happy to consider requests. I haven't heard any proposals or requests until today and, like I said, late yesterday a gentleman called me and said he's going to come tomorrow and Page 53 of 67 Packet Pg. 57 October 5, 2023 5.A.a talk about something to do with landscape on Mainsail Drive. So I stand by my comments that my client is happy to commit to work with what the requests are. I need to understand what the requests are. The client has to consider it and evaluate it, and we're happy to do that. We have plenty of time before the Board of County Commissioners' hearing. But I still don't understand exactly when the request is, but we're happy to do it. We're happy to sit down with them and consider any reasonable request. COMMISSIONER VERNON: Well, I guess I'd say to the public speakers, I thought, from my perspective, one of the Zoom speakers had some pretty specific proposals. Rather than everybody just complaining, that you pick a leader and go to them and push for something, and they said they'd work with you. And I don't think it involves hundreds of palm trees. And I understand that you may not feel like you're obligated, but I know the previous developer was encouraged. So I would encourage you to go to them and for you guys to have a respectful and specific proposal that's reasonable as to what you might want with respect to the medians and palm trees. MR. DAVIES: Absolutely. CHAIRMAN FRYER: Thank you. At this point I've got three commissioners signaling, but we're right up against 12:30, and as we have decided, we're going to reevaluate whether we're going to have lunch. Whether we decide to do so or not, we need to take a 10-minute break at this time, and so we will -- let's see. It's 12:28. We'll be back here at 12:38. We're in recess. (A brief recess was had from 12:28 p.m. to 12:37 p.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you. I thought it was 12:38 we're coming back or -- but we're back. MR. BOSI: I may be premature. I was consulting with Commissioner Sparrazza, and we were both on a different wavelength. COMMISSIONER SPARRAZZA: I'm under the bus. CHAIRMAN FRYER: I don't think any harm has been done. We're delighted to be back. Thank you. MR. BOSI: Welcome under. CHAIRMAN FRYER: And we go first to Vice Chair Schmitt. COMMISSIONER SCHMITT: Yeah. I just had a chat -- Mr. Wuellner, is it? MR. WUELLNER: Wuellner. COMMISSIONER SCHMITT: Wilner [sic]. He brought up the Deltona settlement. I don't know if my colleagues are aware of the Deltona settlement, but just brief education. In 1982, there was a settlement and, actually, Marco Shores was all of Fiddler's Creek, Isles of Capri, Hammock Bay, portions of -- even on Marco Island it was the Mackle brothers. There was a lawsuit to stop all dredge and fill that ended up ending dredge and fill through all of Florida, and to compensate for the loss of development rights in Marco Island, they moved the development to these -- what I just mentioned. It was all called Marco Shores at that time. A long history. That's just a brief -- briefly. But it -- there is a lot of density that was allowed because of that transfer of development rights off of Marco Island to what is now Hammock Bay and then Fiddler's Creek and Isles of Capri, and then they kind of broke off into separate PUDs, and, of course, Hammock Bay retained the name called Marco Shores. Fiddler's Creek named it differently. So that's just so you guys understand what the whole Deltona settlement was. But it was -- so when we're talking density, a lot of the density is now density by right because of the Deltona settlement. I don't want to get into any more detail on that because it's pretty -- pretty specific in regards to what they can and cannot do. And that Deltona settlement went almost all the way up to Manatee Road, just south of Manatee Road, which was part of the development Page 54 of 67 Packet Pg. 58 October 5, 2023 5.A.a rights. I just wanted to make sure you all knew that. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you. I'd like to piggyback off of what I think all of us learned from the first petitioner this morning, that given the opportunity, two entities that may not be in agreement, after a 20-, 25-minute break actually came to what I think we'll all agree was a wonderful agreement. I'm wondering if we could ask a commitment from the petitioner to guarantee they will at least sit down with representatives before the BCC meeting and have an open discussion and bring to the BCC meeting ideas, topics from both sides to -- if it's not hashed out by then -- hopefully it will be -- to open it up for discussion at the BCC meeting. MR. DAVIES: You beat me to it, Commissioner. That's what I was going to suggest, which is that -- happy to make any condition of your recommendation today to include that my client, the team here, the professionals, will sit down with whoever wants to attend from the neighbor group and work through what their proposal is. Like I said, I'm still not sure exactly what the proposal is. My suggestion to them is that the condition include that they get together and come up with something that we can present to the client so that he can -- him and his team can understand what it is, what's that going to cost so that we can work through that. And we're happy to do that in good faith and to commit to that today as a condition of any recommendation. COMMISSIONER SPARRAZZA: Great. I think that's a great path forward. Thank you for that. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Ms. Ashton, if I could ask counsel a question. What, from this 1981 recorded project development document is still valid? Because there's been a lot of talk about what has been reduced by number of units, how many -- I mean, the document states -- it starts out by saying they could develop 500 acres, and then it drops down to 300 and change. Now we're at X amount of units. MS. ASHTON-CICKO: Mr. Perry reviewed the project, so I'm going to have him answer the question. He's a little more familiar. COMMISSIONER SCHUMACHER: Thank you. MR. PERRY: Commissioner, this was originally zoned 1981, and since then there's been six amendments to the zoning. And so the initial document has been amended five subsequent times. COMMISSIONER SCHUMACHER: So this is really out of date that's in this packet piece? This is -- MR. PERRY: You would need to look at all six together. COMMISSIONER SCHUMACHER: All six together to figure out what's available. MR. PERRY: And, typically, when there's a substantial amendment or when we have a lot of changes over time, we have the developer restate the entire PUD document. This is not the case with this particular amendment. COMMISSIONER SCHUMACHER: Got it. My other question is for Mike. So if there's debate on who owns the roadway, how do we get to an end conclusion on that as to -- is it -- is it -- basically, is it a county maintained road, or is it the developer who put it in responsible for those associations on it? MR. BOSI: The developer was not required, per the PUD, to -- they were encouraged to provide for the median landscaping. I believe it is -- and I think Mike was looking for confirmation that it was a public road, and I think we're getting the head nod that it is a public road. COMMISSIONER SCHUMACHER: It is a public road. So the maintenance of the roadway, just not the medians, is the county's responsibility, correct? MR. BOSI: I think the medians would be included -- COMMISSIONER SCHUMACHER: The medians would be included in that? Page 55 of 67 Packet Pg. 59 October 5, 2023 MR. BOSI: -- within the maintenance. MR. SAWYER: Again, for the record, Mike Sawyer, Transportation Planning. It is a county -owned road. It is county maintained. So, therefore, anything that were to occur as far as additional plantings and that sort of thing would have to go through the county as far as permitting. This isn't part of our roadway beautification program, because those are only for our main roads. It isn't for local roads. This would be a local road. So we would have to likely run this through as a right-of-way permit, have it reviewed, and then have some sort of maintenance agreement as far as who is going to maintain it in the future. COMMISSIONER SCHUMACHER: Got it. MR. SAWYER: And that would include the landscaping and the irrigation and everything that would go along with that. COMMISSIONER SCHUMACHER: What I would recommend to the petitioner and the residents there is -- obviously, this road sat for a number of years looking the way it does, and there was no conversation of how do those that are here improve it. There's a number of roads in this county that you have multiple homeowners associations that back up to, and they're responsible for that, and they have a shared cost. I would -- I would urge those residents and the applicant to talk of that shared cost. I'm not saying all of it should be shouldered by the developer because they're coming in not having a responsibility for that. But I think once you come to an agreement -- and if the county's involved in that as well, that cost to maintain it will have to be shared either on a per unit or association basis. But that would be my recommendation is to figure out a way to come together. And I'm not saying to the fellow members on the board that it's the developer's responsibility to landscape the whole thing, because I think that's a cost that could have been done prior, because it sat like this for so many years. But now that we know that it is a county responsibility and there is going to be county interaction, you can probably find a better headway there to get to your endgame of what you want, which is a much better appearance for that street. That's all I have, Chair. CHAIRMAN FRYER: Thank you. Vice Chair. COMMISSIONER SCHMITT: Yeah. Mike, since you're up here, the monument and the landscaping around Mainsail at the intersection of Mainsail and Collier, does the county maintain that? MR. SAWYER: I don't have specifics on that, quite honestly, Commissioner. What I do know is that Road and Bridge is indicating to us that the road is considered to be in good and fair condition. COMMISSIONER SCHMITT: Okay. Because I know there's a monument there for the entry, and I believe that was constructed when they built the three towers. There were supposed to be five built. Of course, WCI went bankrupt. So there is some -- they must have formed something or somebody must have taken responsibility, whether that's the homeowners association or whatever. What I'm going to recommend -- and I'm looking at just the two parcels that are asked to be developed. And Mr. Davis, I would recommend -- because I look at three principal owners here: The county who owns the road; I look at the airport authority, because that's their main access to their terminal, and that's a brand-new terminal. Well, basically year and a half old. I believe the airport authority, and I believe the county had some obligation to do some improvements to the median, and I would recommend that we look at requiring the developer, the county, and the airport authority somewhere -- come to an agreement. I don't know what cost share would be involved -- because it would have to be a beautification requirement under the county, Mike, as you just stated. But I think it would be -- part of the approval of this would be that the developer, if they could reach an agreement with the county and the airport authority -- which, of course, is the Page 56 of 67 Packet Pg. 60 October 5, 2023 5.A.a county -- to provide improvements to that -- at least that portion of Mainsail road, that they should be required to do so. And I think that's what we should be looking at as part of this. I'm not saying they have to do the entire Mainsail. I think there's a lot of other players involved for the rest of Mainsail. But certainly where they're developing these two lots would certainly add to the -- I think what the -- a portion of what the residents are looking for. So that's my recommendation. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yeah, I think what I wanted to say is obsolete now. CHAIRMAN FRYER: Okay. All right. COMMISSIONER KLUCIK: That was a while ago I pushed that button. COMMISSIONER SCHMITT: Overcome by events. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Just an observation. You could get my vote with a slam dunk if you took those 90 homes and put them in some sort of affordable housing package. It's not the greatest location, but if you attack the essential services personnel and could make something like that work at the 80 percent --even 100 percent would be nice out there. I'm not saying you won't get it either way, but you could get it with a slam dunk if you did that. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: I remembered what it was. So, I guess, my understanding is there's no obligation to agree. There's an obligation to hear out the specific proposals of the residents, and the petitioner may or may not, you know, be willing to move. But it sounds like you wouldn't be bringing it if you thought it was futile; you wouldn't be agreeing to it. MR. DAVIES: No, I don't think it's futile at all. I think we're light on details at this point, and so we need to understand what it is and assess it and get to work before the Board. CHAIRMAN FRYER: All right. Thank you. At this point no one else is signaling. I think it would be appropriate for us to deliberate and have a motion. Anyone care to make a motion? COMMISSIONER SCHUMACHER: I'll make a motion to approve. CHAIRMAN FRYER: That was from Commissioner Schumacher. Thank you, sir. Is there a second? COMMISSIONER KLUCIK: I'll second. CHAIRMAN FRYER: It's moved and seconded to approve as submitted. And let's see. Yes, we'll -- first Commissioner Vernon wants to be heard. COMMISSIONER VERNON: Yeah, I'm going to support something, but I'm a little confused because I think Commissioner Sparrazza suggested something, and Commissioner Schumacher sort of echoed that, and I'm not sure whether that's a modification because the applicant agreed to it, and I think it was more than just listening to a proposal. It was a commitment to go -- you know, go out and meet them part of the way as to some kind of proposal, and then Commissioner Schmitt had a little -- I think that was possibly an amendment. So I'm a little confused. And I'm going to support it, but I just want to make sure we're clear on what we're -- what we're voting on. COMMISSIONER SCHMITT: My question as well. I'm trying to figure out, what are we voting -- we voted approval, but subject to what? COMMISSIONER SCHUMACHER: Can I amend my -- COMMISSIONER SCHMITT: Yes, please. COMMISSIONER SCHUMACHER: Yeah. Can I amend my motion to approve that the petitioner and the residents, as well as the airport authority and the county, come together with some type of agreement for that median area. Page 57 of 67 Packet Pg. 61 October 5, 2023 5.A.a CHAIRMAN FRYER: Meet and confer and, one hopes, come up with an agreement. COMMISSIONER SCHUMACHER: On Mainsail Drive. CHAIRMAN FRYER: Yeah. COMMISSIONER VERNON: And put the onus on the applicant to make that effort, since they are the applicant, to bring everybody together? COMMISSIONER SCHUMACHER: Correct. CHAIRMAN FRYER: Okay. Is that acceptable to the seconder? COMMISSIONER KLUCIK: Yes, yes, yes. So the obligation is to have the meeting -- a meaningful meeting? CHAIRMAN FRYER: Okay. COMMISSIONER SPARRAZZA: May I add one extra comment to that? CHAIRMAN FRYER: Go ahead. COMMISSIONER SPARRAZZA: As discussed, should it possibly include whatever HOAs are associated with the entire Mainsail? Not that they will need to participate, but they should be at least included in the meeting in case they wish to spread funding of this project out where everybody can benefit. I'd hate to see just the airport, the petitioner, and the county be included when, heck, everybody on the entire project said I'll give 5 bucks every quarter to get trees going or something. CHAIRMAN FRYER: Before I ask the mover and seconder to agree, would that be acceptable to the applicant? MR. DAVIES: Yeah, I think that's acceptable. The gentleman I spoke to yesterday said -- I think he had authority from those HOAs in the area. CHAIRMAN FRYER: All right. MR. DAVIES: So with respect to the concept, no objection, certainly, that all parties need to be at the instant meeting and that my client is agreeable to good -faith discussion about that, and hopefully that leads to an agreement. I can't commit my client to agree to something I don't know what it is, right, as a legal matter, but I -- we need to understand what it is. We'll review that in good faith and provide whatever update comes from that to the Board. CHAIRMAN FRYER: Okay. Does the movant agree to including the HOAs? COMMISSIONER SCHUMACHER: Yes. CHAIRMAN FRYER: And the seconder? 140105IuIE.lmMel lMC4r18L411114 m CHAIRMAN FRYER: Okay. Any further discussion? Commissioner Shea. COMMISSIONER SHEA: I'm guessing my affordable housing request is dead. MR. DAVIES: Respectfully rejected. COMMISSIONER SCHUMACHER: Although, if I could just -- from the NIM notes that I saw on the rent that is being collected now on the first project, they are within that 100 percent to 120 percent without -- as they're market rate without affordable housing. So I applaud the developer and the petitioner for being able to do that versus some of these apartments that we see are charging astronomical rates. MR. DAVIES: That's right. Thank you, Commissioner. CHAIRMAN FRYER: Thank you. Now, I'll call the question. All those -- COMMISSIONER VERNON: I was going to make a -- I was just going to make a two -cent comment to the folks who spoke. You know, it's a little bit of a tricky process, but it's -- and I don't want to take any responsibility off the developer, but it's hard for them to know what you want without some type of proposal. On the other hand, it's hard for them to accept something presented as a demand. So it's that in between where you get a -- you got it; you're shaking your head. Okay, good. CHAIRMAN FRYER: Okay. MR. WUELLNER: We just want the meeting to be here in Collier County. CHAIRMAN FRYER: Yeah, okay. That's assumed. Page 58 of 67 Packet Pg. 62 October 5, 2023 5.A.a All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, all. Now, the next two items -- I just want to set the stage here and test our scheduling, if we still feel the same way. In both cases here, these GMPAs that are coming to us, we, as a Planning Commission, have already voted upon them unanimously and sent them up for transmittal, and the State of Florida came back with a few suggestions that staff has attempted to address. Ordinarily -- well, I'll tell you, in my case, I almost always restrict my adoption hearing comments to things that are new. And I remember vividly the facts here, and I remember my vote in favor. So I'm going to limit myself to the few tweaks that are before us. Having said that, though, you're not, by law, limited. If you want to reopen something that was voted upon way back when, you're welcome to, but I just think -- I would -- I would advise against it, but, you know, you don't have to take my advice. ***All right. Having said that, the next matter, PL2021000660, the Collier County Housing Initiatives GMPA. The matter is purely legislative, so no need for swearing in and no need for ex parte. MS. MOSCA: Good afternoon, Commissioners. Michele Mosca, for the record, with Community Planning and Resiliency Division. What I'd like to do is provide a brief presentation, probably about five slides, just to give you a summary. The last time you -all heard this -- and I think, Commissioner Schumacher, you may not have been on the commission then. It was back in May of 2022, so I can't -- I don't recall. The second petition that you'll hear, the East Naples, I believe this entire board was seated at that point. CHAIRMAN FRYER: Okay. MS. MOSCA: So what's before you is the remaining initiatives from the ULI study, the 2017 housing study. And these affordable initiatives are applicable only to the urban areas of the county. In yellow, you'll see the coastal urban area. And I can -- I believe everybody knows where this is located. So all of the coastal urban area of the Future Land Use Element, in addition to that, Golden Gate City, and then also the Immokalee urban area. This is a snapshot of all five of the initiatives and, as you can see, that there's the commercial mixed -use by -right subdistrict, the conversion of commercial by -right subdistrict, strategic opportunity site subdistrict, transit -oriented development subdistrict, and the mixed -use activity center and interchange activity center subdistricts. Within the Future Land Use Element, the coastal urban area, all five of those initiatives are applicable, and properties are eligible under specific criteria. Within the Golden Gate City or Golden Gate area master plan, three of the initiatives are applicable to those areas, and then in the Immokalee urban area, it's just the transit -oriented development subdistrict. So let me just take a brief moment just to summarize the five different initiatives. You have two by -right subdistricts, commercial mixed -use as well as the conversion of commercial, and what that allows is projects to develop up to 16 dwelling units per acre without a rezoning. The next is your strategic opportunity site subdistrict, and this provides for employment centers with a mix of qualified target industry business with a residential and commercial mix, and Page 59 of 67 Packet Pg. 63 October 5, 2023 5.A.a the allowance here is up to 25 dwelling units per acre. The next one is your transit -oriented development, and that allows projects to have a base density of 13 dwelling units per acre and a maximum of up to 25 dwelling units per acre with affordable housing. And what this provides for are these developments along existing or proposed transit routes. And, lastly, the mixed -use activity center and the interchange activity center subdistricts. This allows for properties to develop up to 25 dwelling units per acre. What's being excluded are certain activity centers that are within the Coastal High Hazard Area as well as Golden Gate Parkway activity center. The transmittal recommendations you see on your screen. Again, you heard this back in May of 2022, and the Board heard this in March of 2023. The CCP [sic] recommended approval based on staff recommendations with the sunsetting provision for that by -right subdistrict for a five-year period, and then the Board of County Commissioners recommended approval based on the CCPC's recommendations with the removal of C-4 and C-5 commercial properties with the by -right subdistrict, and this was to allow for additional development potential on those C-4 and C-5 properties. CHAIRMAN FRYER: Now, Ms. Mosca -- MS. MOSCA: Yes. CHAIRMAN FRYER: -- before we go further, a conversation that we had a couple days ago having to do with what is to be sunsetted and what is to be retained, and it's my understanding the by -right concept was to be sunsetted. Would you say some more about that? And I think some language maybe needs to be tweaked. MS. MOSCA: Definitely. I do have that. I was going to wait to the end, but maybe -- Michael, can you put this on the visualizer. So as I mentioned earlier, there were two by -right provisions. That is the commercial mixed -use as well as the conversion of commercial. So that will happen -- let me just pull my documents. If you have your ordinances in front of you, on Pages 1 and 3 of the Future Land Use Element ordinance, the commercial mixed -use by -right subdistrict, that subdistrict previously appeared in the Future Land Use Element. So if the Board was to decide not to extend that five-year period, that subdistrict would remain; however, A6 and B of that subdistrict would be deleted. And then in the conversion of commercial by -right, the entire subdistrict would be deleted if, in fact, the by -right provision went away and the five-year period was not extended by the Board. CHAIRMAN FRYER: Okay. Thank you. No one is signaling at this point. And, again, there are just a few little tweaks here that have been added or changed since we last saw it. But having said that, as the Planning Commission, we're welcome to open the door to everything if we want. Anyone want to be heard on this? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion for approval. MS. MOSCA: Do you -- okay. Let me just go to the end. CHAIRMAN FRYER: Do we have -- I'm sorry. Is there a member of the public? My mistake. Please come forward. I got ahead of myself. So sorry. Have you registered? MS. ESTRADA: Yes, I did. CHAIRMAN FRYER: And you've been sworn in? MS. ESTRADA: Yes. CHAIRMAN FRYER: Oh, wait a minute, we don't. Never mind. MS. ESTRADA: Yeah. My name is Ilen Estrada, and I live at 3541 31st Avenue Southwest. Whatever changes happen in Golden Gate City directly affect me, my family. I have two grandchildren. One goes to Golden [sic] Elementary and the other one goes to St. Elizabeth Seton. We also own a business right on Golden Gate Parkway, so we are directly impacted. Page 60 of 67 Packet Pg. 64 October 5, 2023 5.A.a Any changes definitely -- it's been a very curious situation listening to all these beautiful projects that are going up in Collier County, and none of them have affordable housing but, yet, it seems that Golden Gate City, Golden Gate Estates are always the ones that are considered for affordable housing. We are in a terrible need of affordable housing, and as the government affairs director of NAHREP, which is the National Association of Hispanic Real Estate, we promote acquisition for affordable housing, but we promote it through special financing and opportunity for young couples and families to buy their homes. So this is something close and dear to us. I'm also a realtor with Coldwell Banker, and we are definitely confronting a perfect storm with the way the economy is, the house of -- pricing for homes, and also interest rates at 8 percent. So affordable housing is, like, something that is becoming less and less obtainable in Collier County. But, by the same token, we want to -- and we want to promote homeownership. And I see that these projects -- I would understand and agree to this on a personal basis if the low or very low, as specified, income would be for people who are civil servants already working in our county. Many of our people have to go out of the county because they can't afford the county. So if we -- if this is something that has been adopted already, and we do not have a say on it anymore because we're late to the table, I would suggest that these affordable housings be, first and foremost, available to firefighters, to nurses, to people who currently serve our community. I believe that is very good, the fact that it's going to be close to public transit, but most of the people that use public transit nowadays, and anybody that goes on Collier Boulevard will see it at 5:00 and 6:00, you will see people from Immokalee Road who come in in buses to work and then leave, so they're not really residents of this area that we are discussing right now. As a matter of fact, according to the records that I have -- and they're probably old -- but it says that 80.1 percent of people who live in Golden Gate City own a car, and they don't use public transportation. So most of the public transportation that is being used right now are from people that do not live in the area that come into the area to work. But my suggestion is that this is precious what's being done. It's already been decided, like I said, so there isn't much that we can do about it to stop it or change it or make adaptations, I believe, unless you folks can correct me, but I believe that those homes or those apartments should be reserved for people who already work for us, serve our community, and that's just my opinion, and I respectfully thank you for giving me the time to express myself. CHAIRMAN FRYER: Thank you. Ms. Mosca or Mr. Bosi want to reply to that or give us your take? MR. BOSI: Mike Bosi, Planning and Zoning director. Now, we have no provisions within these that they are exclusive for essential service providers. The majority -- not the majority, but a number of these proposals do require that 100 percent of the units are made affordable, but I would say that -- to the speaker's comments, the Planning Commission and the Board of County Commissioners regularly requires, when we do have an affordable housing project in front of us, that an additional marketing effort is made to the essential services personnel to be made aware of these opportunities and first offers of opportunities are provided to those essential service providers. So I think we are doing -- currently doing what the speaker is asking us to do, to make these housing units that are income restricted available to our essential services personnel. CHAIRMAN FRYER: Okay. So even if -- let's say essential services personnel get offered this and they don't take it up, the restrictions on income remain, but it's no longer the highest -- the most desirable tenants, if you will, but it still remains income restricted, and it sounds as though your concerns are being addressed. MS. ESTRADA: Right. Well, there was another concern that I didn't voice because, as you stated, this has already been decided on, so -- CHAIRMAN FRYER: Well, it really -- it hasn't. MS. ESTRADA: It hasn't? Page 61 of 67 Packet Pg. 65 October 5, 2023 CHAIRMAN FRYER: This is part of the process. This is like a second reading. We're here at adoption. We're going to make our recommendation. The Board of County Commissioners can do exactly as they please with it. MS. ESTRADA: Then if there's still time to do something about it, as a property owner, I am not in agreement with a lot of these things that are being built because it directly affects me as a resident and as a -- the property value of my home and our homes and, also, it affects traffic drastically. Everyday we risk our lives just crossing the canal from Collier Boulevard up to 31 st. There's no light there or anything. So there -- there is an increase of density that is being proposed. I have an acre and a quarter. I cannot build, on an acre and a quarter, a guesthouse for my mom who's 85 years old but, yet, we have 25 dwellings proposed in one acre right across the canal. So, you know, it's kind of hard for us to be in accordance with something like that that is going to increase the density, the traffic, which is terrible right now. And I -- you know, I don't know if the infrastructure has been looked at, and how is it going to affect our infrastructure? COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: I guess I'm confused, because I thought I heard you say you thought that affordable housing was something you were urging us to do and not -- MS. ESTRADA: I do. Affordable housing -- COMMISSIONER KLUCIK: Excuse me, excuse me, excuse me. I heard you say that affordable housing was something that you were advocating for, and now I hear you saying "except if it's near me," and that's all. MS. ESTRADA: Affordable home purchase. I believe and I promote affordable housing in the sense for a person to be able to afford to buy their home. We're talking two different subjects. This is affordable units. This is affordable units. This is not going to be for sale. I'm assuming these are not condos that are being proposed. Am I wrong? COMMISSIONER KLUCIK: Well, this is a proposal for restrictions or requirements. It's not -- it doesn't say the form, whether it would be rental units or purchase units. It could be either. MS. ESTRADA: It could be either? COMMISSIONER KLUCIK: Yeah. MS. ESTRADA: Okay. That's fine. COMMISSIONER SHEA: But typically the rental units are the priority, because most people don't have the down payment for the home. So even if you could make the homes less, they still can't buy into it. So the focus tends to be on rentals right now to solve a lot of that problem. MS. ESTRADA: Right. Well, I believe that that area, if I'm not mistaken -- maybe you could correct me. But through USDA, they could purchase and also FHA, and there's also down payment assistance. So those are available to purchase homes, if those programs are still available, of course. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: Mike, back on that. Like, could you file for a conditional use if you had an acre and you wanted to put on a guesthouse? That would come through here, correct, or maybe a HEX and -- MR. BOSI: Through the HEX, but the -- the income -- or the restriction for a guesthouse is one acre. COMMISSIONER SCHUMACHER: Is one acre. MR. BOSI: Is one acre. Now, there may be a nonconforming lot issue that she runs -- that she would run into that would -- that maybe creates some complications, but the code states that you need an acre to have a guesthouse within the county. COMMISSIONER SCHUMACHER: The other question I had, because you're in real estate, you probably know this better than I would. How has the turnover been in Golden Gate Page 62 of 67 Packet Pg. 66 October 5, 2023 5.A.a City in the last two years in sales? Have you seen houses come on and sell immediately? MS. ESTRADA: Actually, yes. The market was very hot, just like anywhere else. Property values have risen. I mean, homes in Golden Gate City, there are houses that are $700,000. COMMISSIONER SCHUMACHER: So those rents that originally were under that owner before they sold would have been affordable. Then they sell the property. The new owner comes in and says, hey, now I've got a bigger mortgage, and that rent then goes down to the tenant that's there, correct? MS. ESTRADA: Definitely, definitely. My mom is 85. She pays $1,100 a month for a one -bedroom apartment. So, I mean, it's very difficult, and I totally understand that, and that's why I'm glad that what I said is already being considered, the fact that the people that serve our community are the first ones that should have first choice in getting into these units. COMMISSIONER SCHUMACHER: Yeah, and I agree, and I think this commission has done, and the planning department as well, of putting a number of affordable units on the table in the last six months. I mean, it's been -- that's six months that I've been here that I've seen. Before that, I've seen what's been coming online and what's been approved. So I think that is in the Board of County Commissioners' sight, and it's in front of this commission as well as the planning department to make sure that those units are being scheduled online. The other question I had is -- and maybe Ms. Cook or maybe Cormac can answer this. There's a number of programs within this county through HUD. If you were going to rent out a unit and you wanted to make it affordable, you could go through a HUD program to pay for the improvements to that, like, and then there's -- I know there's some outlines to it as the -- it's income restricted for you to qualify, so on and so forth. Do you have any information on that? MR. GIBLIN: Sure, I can help you with that. Cormac Giblin, director of Housing Policy and Economic Development. The county does run several programs through our community and human services division, most particularly the SHIP program. There are some other home programs and CDBG programs that assist folks with down payment assistance or repairs to buy a house and turn it to -- make it livable. You can buy a fixer -upper, if you would. You could buy a duplex and live in one side and rent out the other. So there are -- there's funding available. It's very limited funding, and there are strings attached, as it would be with any state or federal funding. But there are programs available through the county. COMMISSIONER SCHUMACHER: Is it being utilized? MR. GIBLIN: It's being utilized to the full extent, yes. COMMISSIONER SCHUMACHER: Full extent. Thank you. That was going to be my question. MS. ESTRADA: We've been using that program for the last, what, 20, 30 years, the SHIP program. It's an excellent program, and also USDA. So we are aware of those programs, and we have used it with our community that we serve, and our goal is to have homeownership, to increase homeownership. That's just better for the -- for the community in general, especially our children, you know, who have now stability because their parents are in their home. They're not going to be moving every year from apartment to apartment. So to promote homeownership, affordable homeownership is our goal, for sure. COMMISSIONER SCHUMACHER: I agree with you 100 percent. My only thought on this is it's hard to restrict a free market. And Golden Gate City, with its proximity to everything around it, makes it very desirable, which then causes, just as I had said, somebody resells a unit, now the rents go up, and it's those types of things. I think what the staff has presented before us allows for some of those commercial areas, especially if you look down on, like, Salt Alley. Like, some of those commercial districts down there where many of those are closed out and gone, this allows for commercial and residential mixed -use. So I understand where you're coming from with it should be from that low and very -low Page 63 of 67 Packet Pg. 67 October 5, 2023 5.A.a population that does service this community should have the first right for this, which, I think if that were to come before this commission, if somebody was going to renovate one of those rundown buildings and put some apartments in there in addition to the commercial, I think that would be on -- it would be the first thing on my mind, I know that, because I live in District 3, and know what you're talking about. But I know the commission also feels the same on that. MS. ESTRADA: Right, exactly. I think my point, what I was trying to say, is that these apartments should service the people that already live here and not have an in -stream of people from other counties that do not serve this community already. And I think that's what I was trying to say. COMMISSIONER SCHUMACHER: I gotcha. MS. ESTRADA: That, you know, our people, the ones that serve us every day, our Sheriffs Department, nurses, you know, everybody, civil servants, should have, you know, the first rights to these units. CHAIRMAN FRYER: Thank you, ma'am. MS. ESTRADA: Thank you. CHAIRMAN FRYER: Other registered speakers on this? MR. SABO: (Shakes head.) CHAIRMAN FRYER: We do not, all right. There's another lady in the room. Anyone -- any member of the public who's not registered wish to be heard on this, now would be the time. (No response.) CHAIRMAN FRYER: And we see no hands, so we'll close the public comment portion of this hearing, and we will take the matter under consideration. According to my notes, there are basically three changes that staff made resulting from what was sent from the state excluding the -- from coastal high hazard, No. 1; No. 2, maximum of 130 acres for the entire urban mixed district; No. 3, maximum FAR of 0.5. And I think in every other respect this was the same that we saw last time it came before us. MS. MOSCA: Commissioner Fryer, if I may, just for clarification, that 130 acres was just specific to the SOS, strategic opportunity site subdistrict, not the entire urban area, so just specific to that subdistrict, yes. CHAIRMAN FRYER: Oh, thank you. Thank you for that clarification. All right. No one it signaling at this point. I'd entertain a motion. COMMISSIONER SCHMITT: I make a motion to approve as presented by Ms. Mosca. I don't think there was any other stipulations or changes. So I make a motion to approve. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SPARRAZZA: I'll second. CHAIRMAN FRYER: Further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor of approval as submitted, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, Ms. Mosca. Thank you, Mr. Bosi. All right. Moving right along. Similarly, the next matter has been before us before, and there were some comments from the state which were addressed by staff. I mean, everything is Page 64 of 67 Packet Pg. 68 October 5, 2023 5.A.a back before us, but I personally would only look at the changes because I've already voted on the thing, and my opinion hasn't changed. ***So this is PL2023 000093 0, the U.S. 41 East Overlay and South U.S. 41 TCEA expansion Growth Management Plan amendment. Purely legislative, so we'll go right to -- go ahead, ma'am. MS. MOSCA: Yep. Again, for the record, Michele Mosca with the community planning staff. I'll just, again, do a very brief summary. Asa reminder, this is the Growth Management Plan amendment that implements, in part, the East Naples Community Development Plan that was accepted by the Board back in 2020. If you all are familiar with the boundary, again, just very quickly, the boundary of the U.S. 41 overlay begins about Palm Drive. That's east of the government center, the Walmart area, and extends along U.S. 41 just east of Greenway Road, which is the dividing line of the urban boundary and the ag rural lands. It's approximately 9.4 acres. This overlay is, again, the FLUE overlay. Specifically establishes three regional centers that you can see here identified on the map in purple, which are also synonymous with our Activity Centers 16, 17, and 18. They're located, again, at the edge of the government center, and this would be the most westerly portion here; and then Rattlesnake Hammock and Thomasson, here; and then, finally, Collier Boulevard and U.S. 41. There are also four community centers that are established by this overlay, and those are identified in green. Beginning further west at the town center, moving down along U.S. 41 at St. Andrew's Square, and then moving further east, Whistler's Cove, and then finally the Greenway Road area. And then, finally, these blue areas that you see along the corridor, those are the corridor segments that -- those are the areas between and have minimal regulations in the FLUE overlay. Again, just quickly, through various incentives and development standards, the overlay will allow increased density, height, and economic development uses in the regional centers as well as the community centers, and as you can see, the density in the regional centers would be allowed up to 20 dwelling units per acre with specific criteria, economic development uses, and in the community centers, the smaller centers would allow up to 16 dwelling units per acre, economic development uses, and both of those would allow height increases as well as the corridor segment. Within the corridor segment, we're adding economic development uses. Those are uses that aren't currently allowed in the area. Additionally, the amendment expands the existing transportation concurrency exception area. That's on the left side of the screen. From its southern terminus from Rattlesnake Hammock to the east side of U.S. 41, you'll seethe second portion. This is to accommodate the proposed density increase as well as the uses. Again, you saw this at transmittal back in March of 2023, and the Board, in April, and both bodies recommended transmittal to the state for review. As the Chairman stated, we received two comments. These comments form the basis of a noncompliance finding if staff doesn't adequately address the state's comments. The two comments we received, they were concerned about increase in density in the Coastal High Hazard Area, and any of those impacts on evacuation, et cetera. FDOT, Florida Department of Transportation, they were concerned with increased trips on the roadways potentially adversely impacting those facilities. Staff addressed all the comments. We feel like we adequately addressed those. We established a maximum number of 900 dwelling units from -- it was roughly 3,500 that could participate in the program, so that's down significantly. Additionally, we also require applicants who come through this process to have their petitions reviewed by the Bureau of Emergency Services for any hazard mitigation. Staff is recommending that the CCPC forward the Board a recommendation to adopt to the Florida Department of Commerce with staff s suggested additions to the overlay. And with that, if Page 65 of 67 Packet Pg. 69 October 5, 2023 5.A.a you have any questions... CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SCHMITT: Just a quick question. Both of these -- I assume there's nothing in Live Local that we're contradicting. This is compliant with that new law, right? MR. BOSI: This is -- MS. MOSCA: Correct. MR. BOSI: Mike Bosi, Planning and Zoning director. This is completely separate from Live Local. Live Local imposes the allowance for development of residential development -- of affordable housing in areas not zoned for -- not zoned for residential development. This is -- this is completely separate from that. COMMISSIONER SHEA: So there's no conflict? MR. BOSI: No conflict. CHAIRMAN FRYER: No one else is signaling at this time. Anyone else wish to be heard? (No response.) CHAIRMAN FRYER: If not, we can discuss or we can move. COMMISSIONER SCHUMACHER: I'll make a motion to approve, Chair. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER VERNON: Vernon seconds. CHAIRMAN FRYER: Thank you. It's been moved and seconded to approve for recommendation of adoption of the material before us. All those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, Ms. Mosca. Thank you, staff. Okay. With that, we go to old business, which there, I believe, is none. New business, likewise, none. Public comment. I think all the members of the public have successfully escaped, so we'll assume there's none of that. Therefore, without objection, we're adjourned. Page 66 of 67 Packet Pg. 70 October 5, 2023 5.A.a There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:24 p.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 67 of 67 Packet Pg. 71 October 19, 2023 5.A.b TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida October 19, 2023 LET IT BE REMEMBERED that the Collier County Planning Commission, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Edwin Fryer, Chairman Robert L. Klucik, Jr. (participating remotely) Paul Shea Randy Sparrazza Chuck Schumacher ABSENT: Joe Schmitt, Vice Chair Christopher T. Vernon Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Heidi Ashton-Cicko, Managing Assistant County Attorney Derek Perry, County Attorney's Office Page 1 of 22 Packet Pg. 72 October 19, 2023 5.A.b PROCEEDINGS MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. It's October 19, 2023, at 9 a.m., and so this meeting of the Collier County Planning Commission is now in session. Everyone please rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FRYER: Commissioner Klucik, are you on the phone, sir? (No response.) CHAIRMAN FRYER: Calling Commissioner Klucik; are you on the phone, sir? MR. SABO: He is not. CHAIRMAN FRYER: All right. He's not. Okay. Well, let me know if and when he does. In the meantime, we have a quorum, barely, so -- but we've got a quorum. All right. Mr. Secretary, please call the roll, sir. COMMISSIONER SHEA: Chairman Fryer? CHAIRMAN FRYER: Here. COMMISSIONER SHEA: Vice Chair Schmitt, no. Secretary Shea is here. Commissioner Vernon, no. Commissioner Klucik, we haven't heard yet. It doesn't sound like he's on yet. Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Commissioner Schumacher? COMMISSIONER SCHUMACHER: Here. COMMISSIONER SHEA: Ms. Lockhart, not here. Mr. Chair, we have a quorum of four. CHAIRMAN FRYER: Thank you, Mr. Secretary. Addenda to the agenda -- oh, I should also note that those absences, I was aware of them, and they are all excused. Addenda to the agenda, the first thing I think we ought to do is bring to mind the fact that every October, as a matter of tradition for that particular month, we consider election or reelection of our officers. And so without objection, I'd like to put that on -- this being our second and last October meeting, I'd like to put that on as 10 or 11, which is new business. I IA, election of officers. Without objection, that's what we'll do. Mr. Bellows, any other addenda to the agenda? MR. BELLOWS: No other changes to the agenda. CHAIRMAN FRYER: Thank you. Planning Commission absences, our next meeting is on November 2, 2023. Does anyone know whether he will not be able to attend that meeting? (No response.) CHAIRMAN FRYER: Okay. Good. And the one after that is November 16, same question. (No response.) CHAIRMAN FRYER: All right. Approval of the minutes, we have one set of minutes today. Those are the minutes of September 22, 2023. Any corrections, changes, or addition to those minutes? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion. COMMISSIONER SCHUMACHER: I'll motion to accept. COMMISSIONER SPARRAZZA: I'll second. CHAIRMAN FRYER: Further discussion? Page 2 of 22 Packet Pg. 73 October 19, 2023 5.A.b (No response.) CHAIRMAN FRYER: If not, all those in favor of approving those minutes, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: They pass unanimously. BCC reports, Mr. Bellows. MR. BELLOWS: Yes. On October 10th, the Board of County Commissioners heard the Cocohatchee Bay PUD amendment, and that was approved 5-0. On the summary agenda, the Rod & Gun Club conditional use and compact rural development both were approved on the summary agenda. Then the rezone from Estates to PUD for self -storage facility that was on Collier Boulevard and Green, that was continued to the December 12th BCC meeting to allow the applicant to work out some revised plans to reduce the square footage. CHAIRMAN FRYER: Thank you. Mr. Bosi. MR. BOSI: And I just got a note from our folks in the back. I think Mr. Klucik -- Commissioner Klucik may be online right now. CHAIRMAN FRYER: Commissioner Klucik, are you there, sir? COMMISSIONER KLUCIK: Yes, Mr. Chairman. Thank you. CHAIRMAN FRYER: All right. We'll take a vote on you, just if you wouldn't mind giving us a reason. COMMISSIONER KLUCIK: Yes. I have a client whose closing keeps getting delayed, and we could close this morning, or we could close tomorrow, and I just don't know. CHAIRMAN FRYER: I understand. Unforeseen business circumstances. Without objection, we will approve your participation by phone for that reason. Thank you very much. And let's see. Chairman's report, none today. Consent agenda, none today. * "Public hearings, advertised, our first hearing will be on companion items PL202300012389, and that's the government -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes, Commissioner Klucik. COMMISSIONER KLUCIK: Just -- did you already vote on it? CHAIRMAN FRYER: I did it without objection. Would you prefer we have a vote? We will. COMMISSIONER KLUCIK: No, no, that's fine. I guess I wasn't paying close enough attention because I'm not in the room. CHAIRMAN FRYER: Yeah. I'm just trying to move things along; I'm sorry. There was no -- there was no objection from the four commissioners in this room. So this is the government public service residential tourist and commercial subdistrict small-scale Growth Management Plan amendment and its companion, PL2023 -- you know I said three zeros for the first one, and that was wrong. It's two zeros. So I'm going to reread the small-scale Growth Management Plan amendment PL number. It's 20230012389, and then its companion, the MPUD-A, is PL20230012392. Amazingly, we're getting into the two zeros department. And Mr. Bosi indicates that if we're not careful, we'll find ourselves into one zero before the end of the year, but I hope not. COMMISSIONER SHEA: There are three zeros shown on the -- CHAIRMAN FRYER: I know. That's a typo. Page 3 of 22 Packet Pg. 74 October 19, 2023 5.A.b Okay. All those wishing to testify in this matter, please rise to be sworn in by the court reporter. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FRYER: Thank you. Disclosures, starting with the secretary, please. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meeting with staff, and a communication with the representative of the applicant. COMMISSIONER SPARRAZZA: Staff materials and a conversation with Mr. Yovanovich. COMMISSIONER SCHUMACHER: Agenda packet and a site visit. CHAIRMAN FRYER: Okay. Good. And I keep looking down there, but it's all we are. Oh, Commissioner Klucik. COMMISSIONER KLUCIK: Staff material and staff meeting. CHAIRMAN FRYER: Thank you. Sir, I apologize. When you're out of sight, I really can't say you're out of the mind, but for that one moment, you were. All right. He just -- he indicated his -- oh, yeah -- oh, could we get some more gain, some more volume, on Commissioner Klucik? Is that possible? While that's happening, the Chair recognizes Mr. Arnold. MR. ARNOLD: Good morning. Thank you. I'm Wayne Arnold with Grady Minor, a certified planner. Here with us today representing Stix Development is Ryan Hyler and David Tuttle; the land -use counsel is Rich Yovanovich; I have Mike Delate from our office, who's the civil engineer on the project; and Jim Banks has performed the traffic analysis. And I have a lot of slides I can go through, but I think what I'll try to do is do a summary, and then if you have questions, we can get into more of the meatier detail. So this project is part of what was originally zoned in 2019 with a new subdistrict, which I won't reread the title, because it's a little cumbersome, and then the Mixed -Use Planned Unit Development incorporated the Golden Gate Golf Course, which the county acquired, as well as the hotel property, which is still under separate ownership. And if all goes well today and through the board, Stix Development would purchase the hotel tract, which was set up to be the residential tourist tract as part of the subdistrict and planned development. It's outlined. I'm sure many of you -- the hotel's been here for, you know, decades, and it's currently vacant. They vacated the premises. And so the intent here is to take the hotel building that has about 150-some-odd rooms and convert that into up to 215 efficiency rental units. And part of that is that we've adjusted the language in the subdistrict, and we've adjusted the language in the PUD document to put income restrictions on many of these housing units. The commitment's for 22.8 percent of the units to be income restricted. Half of that number would be at the 80 percent or less rental rates, and then the other half of that 22.8 percent would beat 100 percent or less. So the commitment is therefor there to be this income restriction, and then we have a provision that all units would be rented for folks that are at the 120 percent rental rate. So the other unencumbered with the income restriction are still going to be controlled at the 120 percent or less of the income guidelines. So, again, we held a neighborhood information meeting several months ago. We did it in conjunction with Golden Gate Civic Association. It was pretty well attended, and just in the last week, Mr. Hyler also presented again to the Golden Gate City Civic Association. I wasn't in attendance at that meeting, but I don't think there's any objection from the civic association, and I think that there seems to be a lot of interest in making this project happen because of the Page 4 of 22 Packet Pg. 75 October 19, 2023 5.A.b conversion to some much -needed housing in our community. So that's kind of, in a nutshell, what we're doing. There's -- you know, we have one deviation that's for a parking deviation to allow, essentially, one space per unit. These will all be efficiency units, so we think one space is sufficient. The parking lot is in need of some repair. We're working with the client on coming up with a revised parking lot layout. We're also working with Collier County Government, who owns the little outbuilding right on Golden Gate Parkway. That's going to be converted into a training center for the school district. And there's going to be some cross -sharing, and there's a cross -easement parking agreement in place today that's probably going to be modified at some point. Again, this is to convert the existing buildings and the clubhouse. The community will have a swimming pool, fitness facilities, all the other typical amenities found in our newer apartment complexes in Collier County. And I think, in a nutshell, that's what we're attempting to do, and I will be happy to answer questions if you have any. CHAIRMAN FRYER: Questions from the Planning Commission? COMMISSIONER SHEA: Why do you term the 49 units one thing and then the 166 rent? You use different terms, but they're all affordable housing under 120 percent of AMI, correct? MR. ARNOLD: Correct. COMMISSIONER SHEA: But why aren't -- why do you differentiate the 49 from the 166? MR. ARNOLD: I'll let Rich describe. COMMISSIONER SHEA: I know the answer, but I don't -- I'd like to hear it. MR. YOVANOVICH: Sure. For the record, Rich Yovanovich. We do not have an income restriction on those units, but we have a rent restriction on those units. We, from the business model standpoint, could not commit to filling all of those with income -qualified people. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Anything else? COMMISSIONER SPARRAZZA: Yes. If I may, I thought I saw this in the write-up, but if you could, please confirm. The main entrance will be off of Golden Gate Parkway. And is there a secondary auxiliary exit/entrance onto Collier Boulevard towards the east, southeast corner of the property? MR. ARNOLD: So north is to your right on this plan, and you can see all these access arrows. It's a little complicated, but there are a couple of access points on Golden Gate Parkway, and we'll be working with the county to try to do some sharing for the school's resource center. There is an ingress/egress easement that goes across the county property that is to our east and, ultimately, out to Collier Boulevard. That's in place today. You could technically drive across it. COMMISSIONER SPARRAZZA: I was on it today. MR. ARNOLD: It will probably be limited for emergency access for our parcel. The county -- as part of the larger picture here, as you go down the -- down Collier Boulevard, you can see there are other access points for the balance of the property. This property will have sharing with -- through the tract that was set up to be a community facility tract where the school district and the county will be developing their facility. So we'll have emergency access to Collier, and then we'll have our primary access on Golden Gate Parkway. COMMISSIONER SPARRAZZA: Great. And you plan to continue the -- heading west on Golden Gate Parkway, the left -turn lane, into your project? And I'm sorry; I'm looking at your information in the packet, which is an aerial view -- MR. ARNOLD: Okay. COMMISSIONER SPARRAZZA: -- which to me is a little easier than -- yes, sir, that one. So you're planning to maintain that left turn on Golden Gate, correct? MR. ARNOLD: I'll let Mr. Hyler speak to that. Page 5 of 22 Packet Pg. 76 October 19, 2023 5.A.b MR. HYLER: Ryan Hyler with Stix Development. So we are in communication with the county, and eventually the county is redoing Golden Gate Parkway. COMMISSIONER SPARRAZZA: Right. MR. HYLER: And we do not yet know how that will ultimately impact ingress and egress. The county is planning on building a loop road on the opposite side of the training facility, and, ultimately, we will have access to that. And so it's more of a long-term strategy, working with the county to determine how that entire area gets redeveloped. COMMISSIONER SPARRAZZA: Great. Thank you for your time. CHAIRMAN FRYER: Thank you. Anyone else up here? (No response.) CHAIRMAN FRYER: Commissioner Klucik, anything from you, sir? (No response.) CHAIRMAN FRYER: I take that as a no. COMMISSIONER KLUCIK: No. CHAIRMAN FRYER: Okay. Mr. Yovanovich, would you approach, please. Thank you. MR. YOVANOVICH: I fell like I'm going to the principal's office. CHAIRMAN FRYER: We'll see. We had a brief conversation this morning, and right now I just want a yes or no, and you'll have a full opportunity to present your point of view. Any change since we spoke earlier? MR. YOVANOVICH: No. CHAIRMAN FRYER: All right. Here is my concern with this. As everybody knows who takes any interest in this stuff and follows the work of the Planning Commission, I am a firm believer in affordable housing with special emphasis on workforce housing and, more particular, essential services workforce housing. That is a very important consideration for me, and without it, I'm not altogether comfortable that just naked affordable housing without any other objectives to be served is entirely within the best interests of Collier County. And, recently, at this last meeting or the one before, we had the Ascend people come before us, and here's the language that they agreed to: Preference to set aside units -- that's what they call the units in question -- shall be given to essential services personnel, ESP. ESP means natural persons or families, at least one of whom is employed as police or fire personnel; a childcare worker, a teacher, or other educational personnel; healthcare personnel; or public employee. The period of time the rental will be reserved and advertised for ESP persons will be a minimum of 90 days from the date the unit is first available and 45 days thereafter. In the event that no ESP person rents a set -aside unit, then the unit may be offered to the general public non -ESP but shall remain at the rent and income as restricted. At minimum, advertising will consist of providing written notice to the Collier County Community and Human Services Division, housing operations, and the human resource departments for local hospitals, the Collier County Public School District, Collier County Government, the City of Naples, the City of Marco Island, all EMS and fire districts, and the Collier County Sheriffs Office. Now, as it happens, several days ago, an article -- well, October 17th, two days ago, an article was posted on the FOX4 website by a reporter called Bella Line who was quoting some representatives of the Collier County School District, and the headline of this article is Collier County Schools Leans on Workforce Housing as Housing Crisis Continues. And I would -- I would submit that the problem which is clear and present in the school district also is present in such services as the fire districts, EMS, shortage of nurses, shortage of other essential workers, government workers. Page 6 of 22 Packet Pg. 77 October 19, 2023 5.A.b And these are -- you know, without saying anything negative about providing housing for people who cannot otherwise afford it -- and I'm not saying anything about that; I'm just putting a positive spin on it. I think we should, at all times, absent extraordinary circumstances, be requiring these applicants to reach out and do their very best to get these units leased by essential services personnel. Without that, I'm not sure there's significant benefit to the county. And so I had this conversation by text exchange with Mr. Yovanovich yesterday and then again briefly this morning. So to my way of thinking -- and he's going to have full opportunity to respond. But to my way of thinking, this application should be supplemented with some meaningful opportunities for Collier County's essential services personnel, because they're very important to Collier County, that they would have a first opportunity and on a realistic timeline. And in Ascend we had offered or suggested 90 days from the CO, because you could get that notice out -- you know, you didn't need to wait for the building to be completed, and then 45 days afterward so that it wasn't -- it wasn't out not being rented for a long period of time. So I feel very strongly about that. I don't know how other members of the Planning Commission feel. No one's lighting up, so -- whoops. Now we've got -- I'm going to hear from other commissioners, and then you'll have all the time you want, Mr. Yovanovich, to respond. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Good morning, Rich. So these are efficiencies. We've heard one parking spot per unit, so we're looking at -- it ideally will be one individual per unit. So if we look at those income -- what is it? -- 22 percent at 80 percent, the other half at 100, and then a cap at 120 percent, what are those income levels for that one person to qualify? MR. HYLER: I can tell you rough numbers without looking it up. COMMISSIONER SCHUMACHER: Okay. That's fine. MR. HYLER: So the -- did you have it? MR. YOVANOVICH: I'll do it. For one person making 80 percent of the Collier County median income, that is for someone making $55,900. COMMISSIONER SCHUMACHER: 55,900. MR. YOVANOVICH: Now, I'm going to have to extrapolate because we don't have one for the 100 percent. So the 120 percent is 83,880. So if we add 83,880 to 55,900, divided by two, that would be an estimate of the income threshold for -- and I can't do that in my head. That would be the income threshold for one. Now -- and numbers change a little bit because there could -- 69,690. COMMISSIONER SCHUMACHER: Thank you. MR. YOVANOVICH: Now, there could be -- some of these units could be occupied by two people. COMMISSIONER SCHUMACHER: Got it. MR. YOVANOVICH: So -- and we anticipate that some of that will occur as well. COMMISSIONER SCHUMACHER: Some of that will occur, okay. I agree a lot with what the Chair's saying with a portion set aside for our essential service providers here in the county. I think, being married to a teacher, obviously, I talk to a lot of teachers. I can tell you that you are -- your teachers coming into the industry fresh out of college, yes, they are looking -- they are looking for something to rent. When you start getting further down, they're looking for something to own, which is a lot of what the issue is in between the teachers in the district. And I know their union's working very hard on that right now. And I think the same goes for the other industries as well. I mean, we had -- we had a nurse from NCH in the last meeting testify that she had left her position when they offered a $2 raise over $35 an hour. I mean, that's almost 80,000 in itself. So I think this housing will not only service those that are starting out in the industry, Page 7 of 22 Packet Pg. 78 October 19, 2023 5.A.b whether it be with the fire district or with the Sheriffs Office or teachers, but I also see the need for other providers. We've got a shortage in our hospitality workers right now. We've got a shortage in our site providers in our high-rises in our large HOAs. We've got a shortage across the board. So I'm on the fence of requesting that they build this into the language when I see how short the other industries are, in talking to those members. So I'm on the fence on that one, but I think this is a great project. I think it's going to serve a lot of our Collier residents, but I'm not sure if that language is needed specifically to this project. CHAIRMAN FRYER: Let me clarify, and then I'll call on the other commissioners. I'm not saying it should be held out only for those people, just that they have a first crack at it. COMMISSIONER SCHUMACHER: Got it. CHAIRMAN FRYER: After that, the financial constraints remain in place, and it's opened up to everyone who can meet those constraints. All right. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you, Mr. Chairman. I do agree with much of what you spoke about just now. As a technical question directly -- directed to you, is this something that you would like to evolve into something that's on all programs that have affordable housing? Because I would wonder if it's fair to suggest or even try to impose this on this project but not others. Maybe that's something we can have a more in-depth conversation on. CHAIRMAN FRYER: Of course I'm keeping an open mind on future cases that come in, because they're decided on their own facts. But my mindset at this point would be to ask for it unless -- and to insist upon it unless there's some good reason not to. And I can't at this point -- I haven't set out to endeavor to think of what those reasons might be, but certainly there could well be, and I would keep an open mind on that. But this project that's coming forth to us so soon on the heels of Ascend, where I thought we came up to a very good resolution, I think -- and we'll hear. And, you know, maybe Mr. Yovanovich is going to have reasons why this is inappropriate, and we'll give him every opportunity to reply. But -- so that's, I guess -- I think I've answered your question. I hope I have. Well -- COMMISSIONER SPARRAZZA: I guess we'll take each project on its own then. Very good. CHAIRMAN FRYER: Yeah, oh, absolutely, always, always. I mean, that's our responsibility. COMMISSIONER SPARRAZZA: And is that because of this price point of the project here and the size of the facility being, more or less, a studio apartment; whereas, for example, Habitat, which is a larger structure, a larger home, may have different qualifications for the type of folks? CHAIRMAN FRYER: Thank you. That's a perfect example of where -- COMMISSIONER SPARRAZZA: Okay. CHAIRMAN FRYER: -- the essential services personnel would not play a role in that, or Habitat, and there could be a myriad of others. And so, you know, I pledge to keep an open mind on each one. I reviewed this material carefully, and, again, I'm going to listen carefully to what Mr. Yovanovich says, but that's -- I wanted people to know where I am on this project as of this moment. Mr. Shea -- Commissioner Shea. COMMISSIONER SHEA: I view it like you. I would view it case by case and giving the essential service personnel just a little bit of a head start. I mean, that's the key people in the county, so I would absolutely support it in this case because of the project, and I might not support it on another project. Page 8 of 22 Packet Pg. 79 October 19, 2023 5.A.b CHAIRMAN FRYER: That's why I am, too. All right, Mr. Yovanovich. What's your thought on it? MR. YOVANOVICH: Well, I'm glad the Planning Commission agrees that each project needs to be viewed individually because it seems like the latest agreement for a developer because it fit into their business model becomes the new standard, and I think that that is the wrong way to look at each individual project. This is a hotel that has been condemned by the county. It's in really poor shape. It's going to cost $35 million to build this project. My client has a lot of money at risk, and, frankly, the more restrictions you put on his ability to rent units makes the ability to get money to fund the project harder and harder. My client thinks that -- and I've heard this from others, is, we all love teachers, we all love firefighters, but we also like to go out to dinner, and we like to eat, and we have a lot of other people in this county that need housing as well. So I think it's unfair to require every project to hold units aside for a 45-day period with the potential of having no rent on that unit because we want to give teachers and firefighters the first shot at renting this unit. My client won't agree to it. It affects the business model. It's a -- if the unit stays vacant for 45 days, worst case scenario, they all stay vacant, it's a million eight. Now, if the county wants to lease up the units, a master lease, and they could take the risk of making sure that essential service personnel lease those units, we're all in. But my client has thought about it, looked at it, and from a business model standpoint, can't agree to hold units off the market for a 45-day period hoping that, quickly, a teacher, firefighter, or other essential service personnel person will rent the unit. Interestingly, the county's actual definition of essential service personnel is not only those people; it's everybody with a low income. So I don't know why we've decided that we're going to limit or reduce the definition of essential service personnel from what the county has actually adopted as that definition of essential service personnel. My client is absolutely willing to provide the same advertising provision that's in Ascend; we'll do that. And we'll -- on the initial lease -up, we'll -- because we have 90 days before we -- before anybody can move in to, you know, give essential service personnel a first crack at the units. But once we get -- once we get past that 90-day period, the business model doesn't work if we have to continue to let units remain vacant because we've limited who the universe is of people of who can rent that unit. So that's our -- that's our position. We understand, if that's not good enough, well, then we don't have a project, and we don't have these 215 units on the market, and we just have to walk away. It's purely economics. And the -- if you've noticed, the private sector has stepped up and come up with projects to try to address the affordable housing unit [sic] in an economical feasible way. You heard the one project for Bembridge, which was a county project, I forget how many units that was, but you're not going to get too many Bembridges from this point forward. You're going to have to rely on my client and others to figure out how to economically make it work. We can't -- we cannot meet the Ascend requirements other than what I just mentioned. And with that, that's where we are. And we -- vote up the project or vote down the project, but that's the way it's going to -- that's what we're going to say. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: I typically don't agree with Rich, but I kind of do today. I have in the past -- excuse me -- managed low-income housing in Fort Myers, and we've taken it through developer turnover or rehab projects, and the marketing that was done typically would go first to those industries that are around the county: Sheriffs Office, school board, so on and so forth. Because if you market to those first, it's an easier way to fill those units versus doing a public advertisement. Page 9 of 22 Packet Pg. 80 October 19, 2023 5.A.b Having said that, we also heard in the last meeting from a young lady from Golden Gate City who's a business owner who spoke of the rising rents within Golden Gate City that were pushing people out of Golden Gate City, correct? So I think that this also services that local community where you've got neighbors moving out because they can't afford the rent anymore, and it brings them back into their community. My question for Rich is -- it could be for the planner -- what's the ETA from the time you get approval at the Board of County Commissioners meeting to get your first unit up and ready for occupancy? MR. HYLER: So we believe that from time we get approval at the Board, we're probably 120 days to permits. From there, we believe we'll deliver -- so there's four buildings on the site. We'll deliver those in stages. We think we're probably seven, eight months from the first building. So end of 2024 with the remaining three buildings lagging by five to six months. So Q1 of'25. COMMISSIONER SCHUMACHER: Got it. So -- all right. So we're still a year and a half, which is, as with most projects, where we're looking for that. I'll have a question for Cormac here later on that, but that's all I have. Thank you, Rich. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: So I just wanted to make sure. I understand what you're saying is you won't provide any advance notice, but you will provide specific notice; in other words, when you start advertising, you might send a notice to the essential service personnel employers? MR. YOVANOVICH: We will -- COMMISSIONER SHEA: That's what I think you said. MR. YOVANOVICH: That's the Ascend commitment was to provide -- (Simultaneous crosstalk.) COMMISSIONER SHEA: Yeah. Just won't hold it open for a period of time for just essential service. MR. YOVANOVICH: We said we would do that for the initial lease -up, the first 90-day. COMMISSIONER SHEA: Oh, okay. MR. YOVANOVICH: After that -- if the units aren't filled in 90 days in the initial lease -up, we can lease it to anybody who meets the income categories, and from that point forward, anybody who meets those income categories. CHAIRMAN FRYER: Anyone else want to be heard on that? COMMISSIONER SHEA: I'm okay with what Rich just proposed. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: Yeah. I'm inclined to -- you know, to agree with Mr. Yovanovich and the petitioner, and I think he's proposing something that's reasonable and that really does -- obviously, you know, if there is an acute need, which I think -- you know, I think there is, in the beginning, that acute need can be addressed immediately, and that's a -- that three months to be able to do that, I think, is a great opportunity and -- you know, and those who really fit that category can, you know, swoop in, take advantage of it. There's plenty of time for the news to circulate, and then at that point, I agree, it becomes quite a burden on the -- you know, on the developer here from a business standpoint to just hold units open hoping that, you know, someone's going to come along. So I would be willing to support what Mr. Yovanovich has suggested as an alternate to an across-the-board Band-Aid. CHAIRMAN FRYER: Okay. Thank you. Question for the applicant: Your standard lease, what kind of termination notice do you provide in it? MR. HYLER: Do you want to speak to that, David? Page 10 of 22 Packet Pg. 81 October 19, 2023 5.A.b MR. TUTTLE: David Tuttle with Stix. We normally have a 60-day notice provision. You know, I think to further address it, you can imagine a situation where maybe a unit's vacated, somebody skips or so forth, so we have a unit available for rent. We have a qualified person there who wants to rent it today, but, yet, with the set -aside, we would have to tell them to go away and come back in 45 or 46 days because we can't rent it to them today. I just think that would put our staff in a terrible position, just from a humanitarian standpoint, that if somebody desperately needs a home to turn them way for preference for somebody else in the county. So thank you. CHAIRMAN FRYER: Let's say that you get a notice from a tenant that the tenant is not going to re -up. Would you be agreeable at that point to sending notice to essential services personnel but not holding the property off on the market? MR. TUTTLE: Yeah. We're definitely going to have a pipeline to essential services folks because we honestly think they're most likely the people to come and want to live there. Organically, that's what we have in our other projects. You know, we have schoolteachers, support staff at schools, nurses, et cetera. I can't imagine it would be any different here organically. CHAIRMAN FRYER: Okay. So let me just be sure, because maybe we can work this out. In the case of the CO, the initial tenant, you'd do 90 days because you could start that well over 90 days before the CO? MR. TUTTLE: Yeah. CHAIRMAN FRYER: So that, I think, is good. Now, in the -- you've got 60 days' notice in your lease. Let's say that a tenant comes in and gives you 60 days' notice, and let's also say, just to make it interesting, that you've got somebody outside waiting at the door who wants to lease immediately. Would you still be willing to send out a notice and maybe give it five days? MR. TUTTLE: And I'm not trying to be argumentative to this point. It's just, from a managerial standpoint, to have a 45-day or 5-day standoff just makes it very, very difficult to manage. And, you know, every day that a unit is vacant that we don't collect rent makes the project less affordable and attainable for the general public. CHAIRMAN FRYER: All right. Well, I have one more shot here to try to see if we can -- MR. TUTTLE: Sorry. CHAIRMAN FRYER: -- come to an agreement. In addition to the 90 days, which we've talked about, let's say that you get a notice from a tenant that the tenant's going to vacate in 60 days, and there is nobody else waiting at the door; would you then be willing to send out notifications and not postpone re -leasing, but just send out notifications to the essential services personnel and then let nature run its course? MR. TUTTLE: Yes. MR. HYLER: Yes. CHAIRMAN FRYER: Okay. All right. Well, I can live with that. All right. Thank you. I have a -- anything else, Mr. Yovanovich? MR. YOVANOVICH: No, sir. CHAIRMAN FRYER: Let's hear from staff. Mr. Bosi. MR. BOSI: Mike Bosi, Planning and Zoning director. Staff has reviewed both the GMP and the PUD amendment, and as contained within our staff report, we are recommending approval. We view this as a unique commodity. This is adaptive reuse. This is something that's pretty new to Collier County, and it's -- I think the purpose of it, for providing for additional multifamily opportunities for the workforce and attainable housing, is one that we most certainly are supportive of. Regarding the discussion that was just had, we do recognize the unique distinction between Page 11 of 22 Packet Pg. 82 October 19, 2023 5.A.b this and the Ascend project. Because this has the 49 units that are income restricted but the rest are rent restricted, there's constraints in terms of the -- you know, the fiscal business model; we recognize that. In Ascend, you had your portion, your 30 to 34 percent that were going to be income restricted, but the rest were free market to be able to subsidize the income -restricted units. This doesn't have that same luxury, so to speak. So their pro forma, I can only imagine, is a little bit -- a little bit tighter, so we do recognize that, and I think we would applaud the Chair for leading the discussion to find that compromise, because we do think it's a good compromise, at the beginning of the 90-day notice and then just to -- if there was a 60-day notification, send it out to the essential service providers, but the first person who responds to it and is qualified, you know, could most certainly move in. And just wanted to let you know that another aspect, just to show you how unique we find this and how much support staff is behind this project, within the agenda packet, there was a proposed modification to the minimum housing standards. We have minimum housing standards within the county for two people for 450 square feet. We are suggesting a modification to that, and what that will say is for when you have adaptive reuse of an existing building to multifamily and have a commitment for affordable housing, there can be a reduction within the minimum square footage from -- two people from 450 to 250 square feet, recognizing the uniqueness of this adaptive reuse program. For all those reasons, staff is recommending approval to the Planning Commission. CHAIRMAN FRYER: With the agreed -upon changes? MR. BOSI: Yes, with the agreed -upon changes discussed between the Planning Commission and the applicant. CHAIRMAN FRYER: Okay. Now, do we have any members of the public who have registered to speak? MR. SABO: Yes, Mr. Chairman. We have one registered public speaker, Ilen Estrada. CHAIRMAN FRYER: All right. And I'm pretty sure you have not been sworn in because I saw you come in. So we'll get you sworn in. THE COURT REPORTER: Do you swear or affirm the testimony you will give will be the truth, the whole truth, and nothing but the truth? MS. ESTRADA: I do. Good morning, everybody. Thank you for the opportunity to speak. Of all the things that I've heard here, I think one of the things that I agree with is that this may be the best -- the best idea is to drop this project. As a resident of this area and businessperson of this area, this project does not serve the need that this community has for affordable housing. What we are doing by reducing the square footage to 200 and something is we're increasing a motel room. We're renting motel rooms. And we live in that area. We have family in that area, and they are single mothers with children that need housing that cannot live in 200-something. So this project is really not helping anybody. I've been a resident of Collier County for over 30 years and a real estate agent for over 30 years. I speak to people every day who are desperate for affordable housing, and this is not going to fit their needs. The families out there are not going to fit with this. Another thing is that we keep on putting up projects without doing the infrastructure, thinking about the infrastructure first. That corner is a headache. There has been, for years, for over 30 years, as long as I live in the county, prostitution, drug trafficking in that corner. Now, just living across the street where we're paying very high taxes and very high money for homes, to have this type of housing really is masquerading -- masquerading hotel rooms as affordable housing. I totally do not agree with this. I think that is not the highest and best use for this land. And if that building has been condemned, maybe the best thing is to tear it down and really think about good affordable housing for families that work here, deserve decent affordable housing, Page 12 of 22 Packet Pg. 83 October 19, 2023 5.A.b women with children, and, yes, the people that serve us. Fine gentlemen, I understand. I'm a businessperson. I'm into money. I like money. And I -- you know, I totally agree what you want to do, but to you, 45 days is a long time? Guess what? We're going to have to live with this for 20, 30, 40 years. Golden Gate City is the dumping ground for this county, in my opinion, in my humble opinion. We have more than enough projects where there's supposedly affordable rent in Golden Gate City. How about we spread the affordable housing throughout the county? Why does it always have to be Golden Gate City? When we don't want something, where do we take it? We take it to Golden Gate City, or we take it to Golden Gate Estates. And you know what? I am so sorry, because if this project was going to go up in some other place of this county, this whole place would be full, but since it's Golden Gate City, people who cannot afford to take a day off to come here and object to this -- guess what, there's only two people here to object to this. So, again, I say the best suggestion so far is that they drop this project. I'm pretty sure there's developers that would be interested in putting houses out there that can really, and not hypocritically, do affordable housing for families and not single men or people who -- I mean, 200-and-some square footage? Are we kidding? I mean, are we going to get more of what we have right now in that corner? Prostitution? Drugs? We have to live with this every day, the ambulance, the police, everything there. How come we don't have a police officer here or the chief of police, our sheriff talking about the number of arrests and things that are done in that corner? And we have to live with that. So 45 days -- to wait 45 days to rent [sic] a unit and not make money, guess what? We live there. We live there. We work there. We have to drive through there. And there's no infrastructure, you know, plan, or anything on this. I'm sorry, Commissioners, but I truly, truly, truly, as a resident, taxpayer, and businessperson in this town, object to this project. Thank you. CHAIRMAN FRYER: Thank you. Any other speakers registered? MR. SABO: Mr. Chairman, we have no other registered speakers. CHAIRMAN FRYER: Thank you. Anyone in the room who's not registered who wishes to be heard, please raise your hand. (No response.) CHAIRMAN FRYER: Seeing no hands raised, we will close the public comment portion of this hearing. And I have just another question or two for the applicant. In the -- at the NIM -- and I'm referring to Page 4 of the 32-page free-standing NIM transcript -- whoever was speaking said it's a smaller unit as the sacrifice that you give up for affordability. The other thing that it offers is actually less barriers when it comes to finding a new home. So because all the utilities are included, you have blank, blank, blank. Now, my question is are all utilities included? MR. HYLER: Yes. CHAIRMAN FRYER: And will they be for 30 years? MR. HYLER: Yeah. I mean, we are not deed restricting the property, right? But our intent is to provide cable, Internet, water, electric. We do a valet trash service that will be all-inclusive. CHAIRMAN FRYER: Okay. Well, maybe it's a matter of nomenclature, but you are deed restricting the property, because this is going to run with the land for 30 years. MR. YOVANOVICH: First of all, what the county makes you do is subtract from -- and I'm making up a number. Let's just say the rent is $1,500. And if we don't provide those utilities and those utilities cost $100, we can only rent it for $1,400. So utilities are included in the rent. In this particular case, we'll bill the 1,500 and not separately bill for utilities. So that's when -- you're talking about utilities being included -- and Cormac is way more Page 13 of 22 Packet Pg. 84 October 19, 2023 5.A.b qualified to explain how this works, is -- but you do -- you do, in fact, have to subtract a utility allowance out of the rent you can charge. CHAIRMAN FRYER: Okay. Just so that I understand completely, let's say that for business reasons, a decision is made down the road within the 30 years to break out the utilities and separately meter for things. How would -- how would that affect -- how would that financially affect the tenant? MR. YOVANOVICH: It doesn't, because we'd reduce the rent to cover what's separately billed. CHAIRMAN FRYER: Is that covenant already -- MR. YOVANOVICH: That's the requirement of the program. MR. HYLER: Yeah. That is -- that's actually a HUD and Florida Housing Authority requirement when it comes to affordability. Yes, it is a -- it is viewed as a net number, and so statewide it is managed that exact same way. CHAIRMAN FRYER: And, County Attorney, is there any reason why we need to put anything in the 30-year commitment, or is it covered by state law? MS. ASHTON-CICKO: If what they're saying is correct and it's covered by the affordable housing requirements of the state or federal government, then, no, I don't think you need to put it in there. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Yes. Go ahead, Commissioner Klucik. COMMISSIONER KLUCIK: So I think an easy way to understand it is when we have these numbers of 80 percent of, you know, or what -- you know, when we put those limits on there, that number for rent is not just rent. That number is rent and utilities, and, therefore, the rent that's charged either has to include the utilities or has to be reduced to cover. So I think that's what I'm hearing. And so that applies no matter what. So even all these other projects have the same -- you know, that we've already acted on and mandated or, you know, approved. CHAIRMAN FRYER: Yeah. I think that's -- I agree with you. I think that's what's being said, but at this point -- and I certainly understand the County Attorney can't be thoroughly researched and prepared to answer every obscure legal question that might get thrown at them, but we're -- I take it, then, you were careful and judicious in your answer, and I don't believe you said that that's what the law says. You said if the law says that, then you don't need it in the document. MS. ASHTON-CICKO: Well, is Cormac here? He can -- CHAIRMAN FRYER: Yeah, okay. (Simultaneous crosstalk.) MS. ASHTON-CICKO: -- clarify that information. CHAIRMAN FRYER: Let's hear from him. Good idea. Mr. Giblin, welcome, and what say you, sir? MR. GIBLIN: Good morning. Cormac Giblin, director of Housing Policy and Economic Development. What's been said so far is correct. The income limits posted by the Florida Housing Finance Corporation that are derived from HUD are gross rents that include utilities. Should an apartment complex not include a particular utility, there is a schedule of values that those are then deducted from the rent to make up for it. CHAIRMAN FRYER: Okay. Thank you. Thank you. And my question's been fully answered. Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Good morning. One quick question. Are there different sized units, the ones that might go in the basement versus first floor, second floor? Just curious. MR. HYLER: I can say we don't have a basement. But, yeah -- Page 14 of 22 Packet Pg. 85 October 19, 2023 5.A.b COMMISSIONER SPARRAZZA: But the lower level where the parking floor is? MR. HYLER: Yeah, yeah. It's the ground floor which, actually, a lot of people prefer because it's easier access to their vehicle to unload groceries, et cetera. So please don't view that as a detriment. But, yes, there are different sized units based on the existing footprint of the building as it was built. So we are not modifying the shell, so to speak, and so the unit sizes range from around 305 up to around 455 square feet as an approximation. Some have balconies; some do not. MS. ASHTON-CICKO: I think that if you would like some comfort in including, you know, the rent will be calculated including, you know, the following utilities or -- because you mentioned cable, and I can't imagine that HUD would require cable television as part of the calculation. I would think the calculation includes things that are, like, necessary. CHAIRMAN FRYER: Okay. Would the applicant agree to inclusion of that language? MR. HYLER: I don't -- I think that's already covered under state law, and I think that we're getting a lot of restrictions on a property that's already very slim, and I think it's an overburden. MS. ASHTON-CICKO: So does the rent adjustment include cable television? MR. HYLER: So to be clear, so right now we include rent as a package because we are able to buy a bulk package through Spectrum or Time Warner that is substantially less expensive than what an individual tenant can go get it for. We pay about $40 a month for both, and market rate is 90 to $120 a month. If in the future that company goes out of business or we're no longer able to achieve those economies of scale and we don't provide it, no, we would not be willing to deduct whatever market rate for an individual is because we can buy it so much cheaper. MR. YOVANOVICH: I hope we're not going to get into having PUDs now spell out exactly what utilities are going to be included in the rent in order to get a project approved. I mean, at some point, we have to just say the program that's out there is sufficient to provide safe, decent housing for people who otherwise wouldn't have safe, decent housing and working in Collier County. I don't think we need to nitpick and get into what utilities are in the rent and that we're going to commit to that for 30 years. We're committing to a program that's out there that requires certain utilities be deducted from the rent or be included in the rent. We're going to commit to that program. MS. ASHTON-CICKO: It does make it difficult for staff to administer if, you know, they have one program here, another program here. So to that extent, I would agree with Rich. CHAIRMAN FRYER: Okay. That's fine. Thank you. Anything further from the applicant? MR. YOVANOVICH: I just -- I'm not going to address the comments from the public speaker, but I do want her to know that this is the first project, at least that I've been involved in -- and I've been involved in several of the most recent affordable housing projects -- that's in Golden Gate City. All the others have been in other portions of Collier County. So we're not dumping affordable housing into Golden Gate City, and you -all are aware of those other projects. She's probably not. So I just thought that the record should be a little bit clearer on that. And, candidly, I can't imagine that anybody in Golden Gate City would like this hotel to stay and get renovated and remain operable, because nobody's going to buy this property, knock it down, and put in multi -bedroom apartments and make it work financially. CHAIRMAN FRYER: Thank you. Commissioner Sparrazza, or did I forget to turn your light off. COMMISSIONER SPARRAZZA: Yes. CHAIRMAN FRYER: Sorry. Commissioner Schumacher. COMMISSIONER SCHUMACHER: There's too many people agreeing with Rich today. That's all I'm going to say. Being the District 3 planning rep, that hotel is an eyesore. It has been for years. It's been Page 15 of 22 Packet Pg. 86 October 19, 2023 5.A.b a problem. I agree with the things that were going on there. You know, it has been a burden on our Sheriffs Office to babysit. But also, you and I spoke at the last meeting, and we discussed how people bought houses in Golden Gate City sight unseen and raised rents on tenants that live there and pushed them out of the community. Hindsight's always 20/20. Perhaps there should have been some type of ordinance put in place that could not raise the rent on somebody for a year if you were purchasing the property that it was already rented to somebody in need. This project is not looking to house families. Obviously, it's efficiencies. This is -- as Rich said, could be the first project of many. We've seen the commercial property on the outlies of Golden Gate City, that some of them are closed down and derelict, best condition to use for it. Those properties under the Live Local Act, a developer come could in because it's commercial -- correct me if I'm wrong, Mr. Bosi -- and put in a portion of affordable housing and larger units if they choose so. So I think this project steps in the right direction versus a developer coming in, knocking it down, and putting in condos that nobody in the Golden Gate City area could afford. So that's my aspect of it. I do support this project. I don't think cable TV needs to be included. I think the state statute covers what's required of them to include in the rent. And I did have one question for Mr. Giblin. And I'm sorry you went back there. I was going to try to grab you before you ran back, but... The question I was going to ask you, sir, was on rent subsidies that the county provides currently to the state, if you have that information. MR. GIBLIN: The Community and Human Services Department covers the grants that are available to renters in the county. I can tell you that they have a tenant -based rental assistance program that they offer. They work with landlords and low-income residents to help offset a portion of the rents that they can't pay. Also, the Collier County Housing Authority has at Section 8 program. Both of those have pretty long waiting lists, but there are people in the county that are getting assistance today. COMMISSIONER SCHUMACHER: So the funding right now, you would say, is kind of at its limit, and there's people that are waiting to get -- MR. GIBLIN: Correct. Both of those programs have waiting lists. COMMISSIONER SCHUMACHER: The reason I ask that is because when we see these projects that are a year out, like this one is 2024 for the first phase to be ready to go, I'm just asking as to how we're funding those as in-house. Thank you. That answers my question. CHAIRMAN FRYER: Thank you. No one else is signaling at this time, and, therefore, we will take the matter under advisement for deliberation and motion. The floor's open to the Planning Commission. Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Yes, sir. I would like to move forward with a motion to grant this proposal with the statements that I believe we've all agreed upon as far as the timetable for the visual availability and public announcement for when the project is available going to a smaller sector, being the essential workers, and also I believe it was discussed that upon -- any unit that becomes available, it might be something as a quick email to the essential services headquarters personnel programs that alerts them, "In three days we have a program that might become available, wanted to inform you of that." I don't know if the exact wording follows what I just said, but I think we have a pretty good idea to that. COMMISSIONER SHEA: Close enough. COMMISSIONER SPARRAZZA: So that is my proposal. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER SHEA: Second. Page 16 of 22 Packet Pg. 87 October 19, 2023 5.A.b CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: I'd like to try to clarify what I think. COMMISSIONER SPARRAZZA: Please do. CHAIRMAN FRYER: That -- and I'll say it this way: Even -- Ascend is not a precedent. We don't have precedence around here. We take each case as it comes along, but the language there is a pretty good starting point. So I would like you to consider amending your motion to say we will -- and I read the Ascend language and can read it again. It's going to be Ascend except we're going to delete the 45-day requirement, and in lieu of it, when the owner becomes aware of an impending vacancy, the owner will send out a notice to those same essential services personnel agencies that are identified in that language I read, but they're not required to hold the property open for any length of time. COMMISSIONER SPARRAZZA: Thank you for that clarification, and I would like to include that statement in the initial motion. CHAIRMAN FRYER: Thank you. Does the seconder agree? COMMISSIONER SHEA: Yes, sir. CHAIRMAN FRYER: Thank you. MR. YOVANOVICH: So I understand, if you don't mind, we're basically going to take the Ascend language and appropriately modify it for what we just discussed. So we would be providing the notice to the same entities that are identified in the Ascend ordinance, and we would initially lease up -- for the 90-day period, initial lease -up to that smaller group. After that, no restrictions on who we lease it up to, but we're going to provide notice, but if someone's sitting there who's income -qualified, we can still rent it to that person and not have to wait. CHAIRMAN FRYER: Yes. I think you've stated it well, yep. So does the rest of the Planning Commission. COMMISSIONER SPARRAZZA: Yes. CHAIRMAN FRYER: Okay. Any further comments or discussion before we take a vote? Anything from Commissioner Klucik? COMMISSIONER KLUCIK: No. I'm -- I am very pleased with how this has been wiggled into what's presented right now on the motion at hand. So I'm glad that that's where we're at. CHAIRMAN FRYER: Thank you. All right. All those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, applicant. Thank you, members of the public, staff, Planning Commission. COMMISSIONER SHEA: Both of them, right? CHAIRMAN FRYER: Yeah. That's -- oh, that's right. And the motion -- just for full -- complete clarity, there were -- this was a joint motion both on the GMPA and the MPUD-A. Correct, movant? COMMISSIONER SPARRAZZA: Correct. COMMISSIONER SHEA: Correct. CHAIRMAN FRYER: Correct, without objection, Planning Commission, that's what we did. Thank you. COMMISSIONER SPARRAZZA: Both have passed. Page 17 of 22 Packet Pg. 88 October 19, 2023 5.A.b CHAIRMAN FRYER: Thank you. Yes, both have passed, right. And we did not need to have an EAC vote on that. All right. So we may be breaking some records here today. COMMISSIONER SPARRAZZA: Don't jinx it. COMMISSIONER SHEA: Don't talk too quick. COMMISSIONER SCHUMACHER: The amount of people agreeing with Rich, plus a speed record on this meeting, I mean -- CHAIRMAN FRYER: This is -- something is just way wrong. COMMISSIONER SCHUMACHER: I'll have to buy a scratch -off ticket when I leave here. CHAIRMAN FRYER: All right. COMMISSIONER KLUCIK: I'll do my best. CHAIRMAN FRYER: ***Our second hearing today, second and last, is on PL20220006512, which is a large-scale GMPA to change the land -use planning period. The matter's purely legislative in nature, so no need for swearing in of witnesses or ex parte disclosures. With that, I'll turn it over with a word of welcome to Mr. David Weeks. Mr. Weeks. MR. WEEKS: Thank you. CHAIRMAN FRYER: Welcome back. MR. WEEKS: For the record, David Weeks, a contract employee now for Collier County Government. I actually work for NOVA Engineering & Environmental. This is a Growth Management Plan amendment, and it's a very simple one. It is to amend the Future Land Use Map land -use planning time period. The map presently reads 2012 to 2025, and the proposal is to change that to 2023 to 2045. This is necessitated by Florida statutes. There is a requirement to have a 10-year planning horizon, and then in 2023, the Florida Legislature also added a planning requirement to go out also to 20 years, and this amendment will accomplish that. As you note here, there are no other changes to the Future Land Use Map. There's no changes to densities or intensities of land use. It has no effect on prior property rights. And also I would note that the capital facilities planning period remains at 5 and 10 years. So every year when you see the Annual Update and Inventory Report and Capital Improvement Element update, that will continue to be 5- and 10-year periods. It is not affected by the statutory change. This simply shows the Future Land Use Map. Again, in the upper left-hand corner is where the change is made from 2023 to 2045. The statutes still require that the Future Land Use Map accommodate land uses necessary to support the population in the horizon year, in this case, the year being 2045, and the current projected population at that period --time year would be approximately 491,000 persons. And staff s analysis shows that the Future Land Use Map will accommodate the needed land uses, residential, commercial, industrial, government facilities, parks and recreation, et cetera, to support that 2045 population. And with that, staff recommends approval. CHAIRMAN FRYER: Thank you very much. Questions for Mr. Weeks? (No response.) CHAIRMAN FRYER: No. All right. Any registered speakers on this one? MR. SABO: Mr. Chairman, there are no registered speakers. CHAIRMAN FRYER: Thank you. Any persons in the room who have not registered wish to be heard in this matter, please raise your hand. (No response.) Page 18 of 22 Packet Pg. 89 October 19, 2023 5.A.b CHAIRMAN FRYER: Seeing no hands, we'll close the public comment segment of this hearing, and we'll take the matter up for deliberation and vote at this time. COMMISSIONER SCHUMACHER: Make a motion to approve. COMMISSIONER SHEA: Second. CHAIRMAN FRYER: All right. It's been moved and seconded to approve the large-scale Growth Management Plan amendment to change the land -use planning period as outlined by Mr. Weeks. All those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, Mr. Weeks. Thank you, staff. Now, before you run off, everybody, we've got one more item that we put on, and that's 11A, election of officers. Oh, Mr. Bosi, did you want to be heard? MR. BOSI: After election of officers, I just wanted to engage the Planning Commission about the December 7th potential for a night meeting and -- but we can talk about that after. CHAIRMAN FRYER: ***All right. Okay. So just to set the table here, the Collier County ordinance, it's 2009-29, Section 1, as amended, provides that the Planning Commission officers' terms shall be for, quote, one year with eligibility for reelection, unquote. And per Robert's Rules, nominations to office do not require a second. With that, I'll call for nominations to the office of chairman. COMMISSIONER SCHUMACHER: I nominate Edwin Fryer for Chairman. CHAIRMAN FRYER: Thank you. Are there further nominations for the office of chairman? If not, the nominations for the office of chairman are closed. All those in favor of reelecting the chairman to that office, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you very much. Now we'll turn to the office of vice chairman. I'd entertain motions -- entertain nominations on that office. COMMISSIONER SHEA: I make a motion that Joe Schmitt continue in that role as well. CHAIRMAN FRYER: Thank you. Any further nominations? (No response.) CHAIRMAN FRYER: There being none, nominations are closed. I'd entertain a motion to reelect the vice chairman to that office. I'd entertain a motion. COMMISSIONER SCHUMACHER: Oh, motion. My apology. CHAIRMAN FRYER: All right. Is there a second? COMMISSIONER SHEA: Second. COMMISSIONER KLUCIK: I second. COMMISSIONER SPARRAZZA: Not required. Page 19 of 22 Packet Pg. 90 October 19, 2023 5.A.b CHAIRMAN FRYER: This isn't a nomination. This is a vote on a nomination. COMMISSIONER SPARRAZZA: Oh, I'm sorry. CHAIRMAN FRYER: That's all right. All those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Vice Chairman Schmitt is unanimously reelected. Now to the office of secretary. And so that he's not embarrassed, I'm going to open the nominations by making one. I nominate Paul Shea. Any further nominations? (No response.) CHAIRMAN FRYER: If not, nominations for the office of secretary are closed. I'd entertain a motion that we elect -- reelect Secretary Shea. COMMISSIONER SPARRAZZA: So motioned. CHAIRMAN FRYER: Is there a second? COMMISSIONER SCHUMACHER: Second. CHAIRMAN FRYER: All those in favor, please say aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: Congratulations -- COMMISSIONER SHEA: Thank you. CHAIRMAN FRYER: -- Mr. Secretary. All right. Thank you very much. We completed our business, and now we'll go to Mr. Bosi who wants to drag us back in here for another meeting. MR. BOSI: Thank you, Chair. Mike Bosi, Planning and Zoning director. We had briefly spoken about at a prior meeting we have the need for a nighttime hearing. We have two, potentially three, LDC amendments that will require that 5:05 start time. We're proposing it for December 7th. We currently tentatively have two petitions scheduled. If those two petitions remain scheduled, we're going to estimate the time, and we will send out an email to the Planning Commission members to see if a 2:00 or a 3:00 start time would be agreeable and that we will have a quorum for the December 7th meeting. As we probably -- it will probably be the first or second -- first or second week of November, we'll send out that email as correspondence just to confirm the availability. But I remember when we had this initial discussion, we had -- tentatively had agreed that there was going to be able to establish a quorum for that day, but just wanted to further make the Planning Commission aware of the need for that nighttime hearing on the 7th. CHAIRMAN FRYER: Thank you. Discussion from the Planning Commission? We're already going to be here in the morning or, perhaps, the afternoon, and what's being proposed is come back the same day. COMMISSIONER SPARRAZZA: And, Mr. Bosi, did you state you intend to start this Page 20 of 22 Packet Pg. 91 October 19, 2023 5.A.b meeting midafternoon, not at 5:05? MR. BOSI: Yes, because there will be two petitions that aren't required for nighttime, are just traditional petitions. COMMISSIONER SHEA: In lieu of a 9:00. COMMISSIONER SPARRAZZA: In lieu of the 9:00, we start at 2:00 or 3:00 -- I LVJ 10 : 01.`l1 ► 11I14MKIIIa COMMISSIONER SPARRAZZA: -- and then reconvene at 1705? MR. BOSI: Yes. CHAIRMAN FRYER: I assume, though, that it -- since, really, our only constraint, I believe, is notice, and that's 15 days, that things could come in that would add to that and maybe necessitate 9 a.m. start or not? MR. BOSI: I would highly doubt a 9 a.m., but there may be a 1:00 start if we get another petition. The two petitions that we have aren't expected to have a tremendous amount of public interest. So staff will gauge that. And another note, we have tentatively canceled the December 21st because -- CCPC meeting because of the proximity to the holiday. CHAIRMAN FRYER: All right. Thank you very much. COMMISSIONER SHEA: Did you say tentatively canceled? MR. BOSI: Well, we wanted to make sure it was okay with the Planning Commission before we did so. CHAIRMAN FRYER: Okay. Yeah. Well, let's first -- let's just take a quick vote on the night meeting on December 7. All those in favor, please say aye. COMMISSIONER SHEA: I'm going to be -- the one meeting I have missed in a while. I'm going to be out of town at another board meeting, and I'm going to miss both -- that whole day. CHAIRMAN FRYER: Okay. COMMISSIONER SHEA: So if it still works, that's fine. CHAIRMAN FRYER: Okay. Anyone else have a problem with the evening meeting? COMMISSIONER SPARRAZZA: I should be able to make them. CHAIRMAN FRYER: Commissioner Klucik, you on board with that, sir? COMMISSIONER KLUCIK: Yeah. I don't foresee a problem. CHAIRMAN FRYER: Okay. Good. Then we will meet at some point starting at sometime during the day on December 7, and then either come back or continue through into the 5:05 evening meeting. All right, good. And then the -- so that's been settled. Then the matter of the December 21 hearing, it seems to me that it would be altogether fitting for us to cancel that meeting as well. Any objections? (No response.) CHAIRMAN FRYER: Without objection, that meeting's canceled. MR. BOSI: And, good. Just for your own knowledge base, we do -- we will have a couple petitions on the July 4th -- or not July -- January 4th CCPC. It's the first meeting of the new year. So after the holidays, it won't belong before we're backup and running just --but we'll send you more information as those become a little more solid. CHAIRMAN FRYER: Okay. Thank you very much. So I think that completes our new business, and we didn't have any old business. And so anybody in the room who wants to be heard on a matter that was not on our agenda today, now is the time. (No response.) CHAIRMAN FRYER: If not, without objection, we're adjourned. Page 21 of 22 Packet Pg. 92 October 19, 2023 5.A.b There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:12 a.m. COLLIER COUNTY PLANNING COMMISSION EDWIN FRYER, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI L. LEWIS, RPR, FPR-C, COURT REPORTER AND NOTARY PUBLIC. Page 22 of 22 Packet Pg. 93 9.A.1 11 / 16/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 26999 Item Summary: PL20220003804 - GMP Amendment - JLM Living East Residential Overlay - An ordinance of The Board Of County Commissioners amending Ordinance 89-05, as amended, The Collier County Growth Management Plan, Specifically amending The Future Land Use Element and Map series to add The JLM Living East Residential Overlay, To allow a maximum density of 350 multifamily dwelling units with affordable housing, For property within The Rural Fringe Mixed Use District- Receiving Lands, and furthermore directing transmittal of the adopted amendment to The Florida Department Of Commerce formerly The Florida Department Of Economic Opportunity. The subject property is located on the south side of Immokalee Road, East of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, Collier County, Florida, consisting of 37.2f Acres. [Coordinator: Parker Klopf, Planner III] (Companion Item # 27039 PL20220003805) Meeting Date: 11/16/2023 Prepared by: Title: — Zoning Name: Parker Kloph 10/23/2023 11:02 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/23/2023 11:02 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 10/27/2023 4:31 PM Zoning Diane Lynch Review Item Skipped 10/27/2023 4:30 PM Zoning James Sabo Review Item Completed 10/31/2023 1:41 PM Zoning Mike Bosi Division Director Completed 10/31/2023 2:46 PM Operations & Regulatory Management Diane Lynch Review Item Skipped 11/03/2023 1:39 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 11/04/2023 1:47 PM Planning Commission Ray Bellows Meeting Pending 11/16/2023 9:00 AM Packet Pg. 94 9.A.1.a e-,-r �ov4-n.ty STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: NOVEMBER 16, 2023 SUBJECT: PETITION PL20220003806/SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT JLM LIVING EAST RESIDENTIAL DISTRICT (Companion to PUDZ-PL20230003807) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) AGENT/APPLICANT: Agent: D, Wayne Arnold, AICP Q Grady Minor & Associates, P.A 3800 Via Del Rey Bonita Springs, FL 34134 Applicant: Josh Meyer JLM Living, LLC 3839 Bee Caves Rd. Suite 205 Austin, TX 78746 Owner: Virginia and Dwight E Landis 2661 Sundance St. Naples, FL 34120, and others GEOGRAPHIC LOCATION: The subject property comprises ±37.2 acres and is located approximately 1.6 miles east of Collier Blvd. (approximately 0.2 miles east of the Urban Boundary). Richard D. Yovanovich Coleman, Yovanovich, & Koester 4001 Tamiami Trail N. #300 Naples, Florida 34103 r Q Packet Pg. 95 (AeIJGAO Ie1JUGPIsOa ;sea 6uIAI-1 w-jr- Iuauapuauad O-b08£OOOZZOZ'ld : 6669Z) podaa jjejS :juowLj3ejjV m rn Q Z 2 G aQ"O ~ C u O J ;i 7� 7z gyi � 67 Q W Ii E _ OL 'A n W a = a 9! 0 8 y7i { um Y 199V rim IA � m -' u Q � � c d � C if CL 0 N p E 0 co 21-1 0 -1-_+ {o U 0 J 2 9.A.1.a REQUESTED ACTION/ DESCRIPTION OF PROJECT: The applicant proposes a small-scale Growth Management Plan Amendment (GMPA) to the Future Land Use Element (FLUE), specifically to establish the ±37.2 Acre JLM Living West Residential Overlay within the Rural Fringe Mixed Use District (RFMUD) that allows up to 350 multiple -family dwelling units for rent which include horizontal single-family attached, detached and duplex buildings. The concept is detached and attached "horizontal" rental units in which no unit is located above another, compared to "vertical" rental units that are located above one another. EXISTING CONDITIONS: Subject Property: The subject site is ±37.2-acres located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard. The Future Land Use Map (FLUM) designates the property as Agricultural Rural within the Rural Fringe Mixed Use District (RFMUD) and further identified as Receiving Lands. According to the official zoning map, the site is zoned Agricultural (A). The Future Land Use designation is intended to accommodate those lands within the Rural Fringe Mixed Use District identified as most appropriate for development. For the RFMUD, residential development units may be transferred from Sending Lands to Receiving Lands as part of the Transfer of Development Rights (TDR) program. Surrounding Lands: North: Future Land Use Designation; Rural Fringe Receiving. Zoned: Heritage Bay PUD. Land Use: Single -Family Residential. East: Future Land Use Designation; Ventana Pointe Residential Overlay. Zoned, Ventana Pointe RPUD. Land Use: Single -Family Residential. South: Future Land Use Designation; Rural Fringe Receiving. Zoned, Agricultural/ Receiving district of the Rural Fringe Overlay. Land Use: Golf Course/preserve area. West: Future Land Use Designation; Rural Fringe Receiving. Zoned, Agricultural/ Receiving district of the Rural Fringe Overlay. Land Use: Single Family Residential Development. In summary, the existing and planned land uses in the larger surrounding area are primarily Agricultural Uses or low -density single-family residences. BACKGROUND AND ANALYSIS: The subject site is Agriculturally zoned and has been vacant except for some single-family residential development to the south. The adjacent properties are single-family and have a density of 1 dwelling unit per 5 acres or 0.2 Dwelling Units per Acre (DU/A). Immokalee Rd. is identified o as the main access for the proposed project to the north and Sundance St. to the south, which was previously used by the residences of the single-family homes on the southern portion of the subject property mentioned previously. LaMorada Golf Course community is located to the west at a density of 0.77 DU/A. The Ventana Pointe community was recently approved to the east at a density of 2.0 DU/A. (Ord.20-21). The proposed GMPA establishes a new overlay subdistrict to allow development of up to 350 detached and attached rental dwelling units over 37.2 acres with a proposed density of 9.4 DU/A. r The applicant justified the proposed amendment by including 30 transfer of development rights a (TDR) credits to increase density consistent with the overlay. Additionally, they propose a commitment that 25% (88 units) will be income restricted for affordable housing. More specifically, half of these (44 units) will be rent and income restricted for those making up to 80% of the Area Median Income (AMI), and half (44 units) being rent and income restricted for those making up to 100% of AMI. The need for affordable housing in Collier County has been well documented by our county staff, private sector developers, and members of the public. The Packet Pg. 97 9.A.1.a data supporting the plan amendment is a report prepared by the Urban Land Institute in 2017. Additional supporting data was provided in the Consolidated Plan for Housing and Community Development 2021-2025. Both reports conclude that additional affordable housing units are needed in Collier County. Comprehensive Planning Staff cannot support the proposed GMPA application because the proposed density exceeds the limits for the Section 2.06.03 Affordable Housing Density Bonus table. A density calculation is below: L Base allowable density per FLUE: 0.2 DU/A. 4) O Add 30 TDR credits: +0.8 DU/A. DU/A Proposed Developer Commitment Density Bonuses using LDC 2.06.03: c • 12.5 % of total units at AMI 1580% _ +3.25 DU/A • 12.5% of total units at AMI 5100% _ +2.25 DU/A Total eligible density: 6.5 DU/A. w 0 c Total density requested: 9.4 DU/A. > Based on this information, staff has determined that the density commitments provided by the J M applicant are deficient by 2.9 DU/A. resulting in a maximum density of 6.5 DU/A or a total of 242 units. The proposed project density is 9.4 DU/A, which exceeds the allowable density in the GMP and a� E available density bonuses; therefore, staff's recommendation is denial as proposed. In accordance with existing affordable housing requirements in the LDC, the commitments provided E by the applicant permits the JLM Living East project at an allowable density of 6.5 DU/A or 242 a units and 25% affordable units as noted (12.5 % of total units at AMI :580% and 12.5% of total M units at AMI :5100%). In the alternative, with the acknowledgment of the additional public benefit via additional affordable units, staff could support the JLM project at an allowable density of 9.4 00 DU/A or up to 350 units with 30% affordable units as noted (15 % of total units at AMI :580% and o 15% of total units at AMI s100%). o FLUE Policy 7.3 states, "All new and existing developments shall be encouraged to connect their N local streets and/or interconnection points with adjoining neighborhoods or other developments a regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element." The applicant has agreed to provide emergency access on Sundance Street and has proposed an interconnect with the Naples N Classical Academy, located west of the subject property, though the charter school has given no formal approval. 0 as L CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. E Data and analysis requirements for comprehensive plans and plan amendments are noted in o Chapter 163, F.S., specifically as listed below. a Section 163.3177(1)(f), Florida Statutes: (f) All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan 4 Packet Pg. 98 9.A.1.a amendment. To be based on data means to react to it in an appropriate way and to the extent necessary, indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2. Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3. The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality and the unincorporated area within a county must, at a minimum, be reflective of each area's proportional share of the total county population and the total county population growth. Section 163.3177(6)(a)2., Florida Statutes: 2. The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a. The amount of land required to accommodate anticipated growth. C4 a. b. The projected permanent and seasonal population of the area. rn c. The character of undeveloped land. N d. The availability of water supplies, public facilities, and services. e. The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses that are inconsistent with the character of the community. a f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g. The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and U consistent with s. 333.02. r a h. The discouragement of urban sprawl. i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community's economy. The need to modify land uses and development patterns within antiquated subdivisions. Packet Pg. 99 9.A.1.a Section 163.3177(6)(a)8., Florida Statutes: (a) A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8. Future land use map amendments shall be based upon the following analyses: a. An analysis of the availability of facilities and services. b. An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. For this petition, the 2017 Collier County Urban Land Institute Affordable Housing Report was provided by the applicant. Section 163.3187, Florida Statutes: Process for adoption of small-scale comprehensive plan amendment. (1) A small-scale development amendment may be adopted under the following conditions (a) The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises 37.2± acres.] (b) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan but only proposes a land use change to the future land use map for a site -specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment does include a text change to the Comprehensive Plan, and those text changes are directly related to the proposed future land use map amendment.] (c) The property that is the subject of the proposed amendment is not located within an area of critical state concern unless the project subject to the proposed amendment N involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), located within an area of critical state concern designated by s. 380.0552 or by the 0 Administration Commission pursuant to s. 380.05(1). [The subject property is not located 2 within an Area of Critical State Concern.] M (4) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the E purposes of this act, be deemed to be amendments. [This amendment preserves the U internal consistency of the plan and is not a correction, update, or modification of current r costs that were set out as part of the comprehensive plan.] a Packet Pg. 100 NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: 9.A.1.a The applicant conducted a NIM at 5:30 p.m. on May 30, 2023, at the Collier County Government Services Sector at 15450 Collier Boulevard. The NIM included the companion GMPA, PL20220003804. Eighteen members of the public signed in in person. Mr. Arnold, with assistance from other members of the applicant team, provided an overview of the project. Concerns from the public were over traffic and the amount of buffering between the proposed project and the abutting community to the east (Ventana Pointe RPUD). Many of the people in attendance stated that they live in Ventana Pointe. In response to the houses being too close to Ventana, the applicant extended the 25-foot enhanced landscape buffer to the southern terminus of the property. The graphic to the right is the master plan used at the NIM. The green line denotes the extended buffer. Overall, there was moderate opposition to the proposed project. [synopsis prepared by Parker Klopf, Planner II, Comprehensive Planning Division] FINDINGS AND CONCLUSIONS: (FINDINGS PER 163.3177(6)(A)2 A.—J.) .� T — : ............. �•�. I �i CI R���:.. I R :; ,�I WI R: al ' m n� R �Y ml I A I� I, � I I R � rvxn �fc I R , I R 1 R I I I Y _ i `.. • The JLM Living East Subdistrict proposes a Growth Management Plan Amendment to create a new overlay district that allows a maximum of 350 multi -family units at a density of 9.4 DU/A, which exceeds the allowable density in the GMP. • The allowable density for the proposed project based on the GMP is 6.5 DU/A, including required TDR credits. Comprehensive Planning staff support • Multi -family residential development is comparable and compatible with surrounding densities. • The applicant has agreed to provide emergency access to the project. • County water and wastewater service is available to the site. • Transportation system impacts have been identified with this petition. V_ 0 a Environmental Findings: Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The subject property is 37.2 acres. The acreage of native vegetation on site has been field verified by staff during the review of the Planned Unit Development (PUD) for E the project. The subject property is currently zoned Rural Fringe Mixed -Use (RMFU) U r Receiving. a The proposed GMP amendment has no effect on the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on -site will be retained in accordance with the requirements of CCME Policy 6.1.2 and section 3.05.07 of the LDC. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 9.3 acres (25% of 37.2 acres). The Packet Pg. 101 9.A.1.a environmental data indicates the proposed project is in an area with the potential to contain a variety of protected animal species. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Several trees with cavities were observed; however, no evidence was found indicating Bonneted Bats was utilizing the trees. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the 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. The Environmental Data indicates the subject property falls within the U.S. Fish and Wildlife Service's (FWS) Secondary Florida Panther (Felis concolor coryi) habitat. Although there were no observations of panthers onsite, the project may require panther mitigation. Finally, Northern needleleaf (Tillandsia balbisiana), Stiff -leafed wild -pine (Tillandsia fasciculata), and (Tillandsia setacea), listed as `Less Rare Plants,' have been observed on the property and will be protected in accordance with LDC 3.04.03. This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews identified in Section 2- 1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. LEGAL CONSIDERATIONS: The CountyAttorney's Office reviewed this Staff Report on October 19, 2023. The criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida Statutes. The criteria for changes to the Future Land Use Map is in Section 163.3177(6)(a)8, Florida Statutes. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20220003806 to the Board of County Commissioners with a recommendation of denial as proposed. Alternatively, staff recommends that the Collier County Planning Commission forward Petition PL20220003806 with a recommendation to approve for adoption and transmittal to the Florida Department of Commerce and other statutorily required review agencies, subject to 1) a density of 6.5 DU/A (242 units) and 25 percent (25%) affordable housing, or 2) at the requested density of 9.4 DU/A (350 units) with the provision of 30 percent (30%) affordable housing commitment. kTo O NOTE: This petition has been tentatively scheduled for the January 17, 2023, BCC meeting. M c a� E U a r r a Packet Pg. 102 9.A.1.b ORDINANCE NO.2023- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES TO ADD THE JLM LIVING EAST RESIDENTIAL OVERLAY, TO ALLOW A MAXIMUM DENSITY OF 350 MULTIFAMILY DWELLING UNITS WITH AFFORDABLE HOUSING, FOR PROPERTY WITHIN THE RURAL FRINGE MIXED USE DISTRICT - RECEIVING LANDS, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE FORMERLY THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF WOODCREST DRIVE, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 37.2E ACRES. [PL20220003804] W EREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Community Planning Act, formerly the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and W EREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and W EREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and W EREAS, JLM Living, LLC, requested an amendment to the Future Land Use Element and Map Series; and W EREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small -Scale Amendment; and W EREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and W EREAS, the Collier County Planning Commission (CCPC) on , considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and [23-CMP-01 165/1822390/1]29 PL20220003804 Words underlined are additions; Words struck through are deletions. 1 of 3 JLM Living East SSGMPA *** *** *** *** are a break in text 10/17/23 Packet Pg. 103 9.A.1.b WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element and Map Series of the Growth Management Plan on 2023; and W EREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The amendments to the Future Land Use Element and Future Land Use Map and Map Series attached hereto as Exhibit "A" and incorporated herein by reference, are hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted to the Florida Department of Economic Commerce. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commenced before it has become effective. [23-CMP-01 165/1822390/1]29 PL20220003804 Words underlined are additions; Words struck through are deletions. 2 of 3 JLM Living East SSGMPA *** *** *** *** are a break in text 10/17/23 Packet Pg. 104 9.A.1.b PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk Rick LoCastro, Chairman Approved as to form and legality: F c' Heidi Ashton-Cicko 10-17-23 Managing Assistant County Attorney Attachment: Exhibit A — Text and Map [23-CMP-01 165/1822390/1]29 PL20220003804 Words underlined are additions; Words struck through are deletions. 3 of 3 JLM Living East SSGMPA *** *** *** *** are a break in text 10/17/23 Packet Pg. 105 9.A.1.b Exhibit A COLLIER COUNTY FUTURE LAND USE ELEMENT *** *** *** *** *** Text break *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** Text break *** *** *** II. *IMPLEMENTATION STRATEGY *GOALS, OBJECTIVES, AND POLICIES *FUTURE LAND USE DESIGNATION DESCRIPTION *** *** *** *** *** Text break V. Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay D. Natural Resource Protection Area Overlays E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary J. Ventana Pointe Residential Overlay K. Incorporated Areas L. Reserved M.Immokalee Road Rural Village Overlay N. Collier Boulevard/ Interstate 75 Innovation Zone Overlay 0. JLM Living East Residential Overlay *** *** *** *** *** SECTION III: Amend "V. OVERLAYS AND SPECIAL FEATURES" *** *** *** *** *** Text break *** *** *** *** *** L. JLM Living East Residential Overlay [beginning Page 159] a. The JLM Living East Residential Overlay is located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard (approximately 0.2 miles east of the Urban Boundary) and consists of 37.2± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is desi.Qnated as Receiving Lands. b. Development within the Overlay shall adhere to applicable RFMUD Receiving Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: 1 M N ti 0 a� c c �a O c 0 E Q Packet Pg. 106 9.A.1.b 1) Primary access shall be via Immokalee Road. (2) Dwelling units shall be limited to multi -family rental units, which may include horizontal rentals consistinE of sinele-familv attached. detached and duplex buildines on one lot. c. The maximum density shall be 350 dwelling units. To achieve the maximum allowable density of 350 units, the first 30 units above the base density of a total of 7.5 units requires redemption of TDR Credits from Sendine Lands. d. Of the total units constructed, the protect shall comply with the following: 12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housine Finance Coraoration or as otherwise Drovided by Collier Countv. * Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. e. Twenty-five percent of the project area shall be set aside as native vegetation preservation. 37.2± acres of native vegetation exist on -site requiring a minimum preservation of 9.3± acres (37.2 X .25 = 9.3). SECTION IV: Amend "FUTURE LAND USE MAP SERIES" *** *** *** *** *** Text break *** *** *** *** *** Packet Pg. 107 EXHIBIT A I 9.A.1.b I JLM Living East Residential Overlay Co1-TJF.R COUNTY, FT,ORIDA ADOPTED - XXXX 0 250 500 1,000 Feet LEGEND (Ord. No. xxxx) HwL—tn6r EL'IIIIANu A*;p �JyL, �M Living East ResidentialG m'HawNAGIWSWnep Overlay Fll£ILm LMNGEAS*RE%pllNII�*,CI 4SIIL LOCAL NH.u'MY!• OATS iwil?ZWA 3 Q Packet Pg. 108 60L '6d 4O)IOed b T46S T475 T48S T51S I T52S I T 53 8 1�®01In1$� a - i `s a o _ ,� a o T 2 ho 111[' 0,11011E-11 w ME F w � H a e eA ipi W 11111111��'IIL�=1�_' Jlnllll w o4a11111111181111� r W 1 s. Ir �. LU '3 N Y z a 6 w N ¢��s Z ;z W -- N o Tp N w ~ W W o=J� m - - 00 it P LL _ a= h4 if of T469 T47S T48S 749S I T59S T51S T52S �a > _ O C W eel y, � J C w M a IL I* O W co m M O N 0 / CN r a rn CN W M N ti O r d c.i W i O W N ' r e �+ a 0 L ac f 7 q- VT6 GradyMinor 9.A.1.c Civil Engineers • Land Surveyors • Planners • Landscape Architects March 7, 2023 Mr. Timothy Finn, AICP Collier County Growth Management Department Zoning Division, Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: JLM Living East RPUD Rezone (PL20220003805), Submittal 1 Dear Mr. Finn: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for property located on the south side of Immokalee Road east of Woodcrest Drive. The PUD rezone proposes to rezone the 37.2± acre property from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 multi -family residential dwelling units with an affordable housing component. A companion Growth Management Plan amendment (JLM Living East Residential Overlay, PL20220003804) has been filed to authorize the proposed multi -family dwelling units. Documents filed with submittal 1 include the following: 1. Cover Letter 2. AH Expedited Review Certificate 3. Application for PUD Rezone 4. Property Owner List 5. Evaluation Criteria 6. Pre -Application meeting notes 7. Affidavit of Authorization 8. Property Ownership Disclosure Form 9. Covenant of Unified Control 10. Addressing Checklist 11. Warranty Deed(s) 12. Boundary Survey 13. Environmental Data 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 Packet Pg. 110 Mr. Timothy Finn, AICP RE: JLM Living West RPUD Rezone (PL20220003807), Submittal 1 DRAFT Page 2 of 2 14. Traffic Impact Study 15. School Concurrency 16. PUD Exhibits A-F 17. Proposed FLU Language Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: JLM Living, LLC Richard D. Yovanovich GradyMinor File (JLMLEP-22) 9.A.1.c Packet Pg. 111 9.A.1.cC;03*�eV C;0-14"ty Growth Management Community Development Housing Policy & Economic Development Division CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW Name of Development: JLM Living East Address/Location: Immokalee Road Applicant /Agent: Wayne Arnold & Rich vovanovich Phone / Email: (239) 947-1144 1 warnotd@gradyminor.com / ryovanovich@cyklawfirm.com Size of Property: 37.2+/- Acres Proposed Use: Single family and two-family rentals Total Number Residential. Units Planned: 350 Permit Number, if available: N.A. Number of Affordable Housing Units Planned Rental Owner Occupied 121 % - 140% AM I - GAP Income Rental 12.5% Owner Occupied 81 % - 120% AMI - Moderate Income Rental 12.6% Owner Occupied 51 % - 90% AMI - Low Income Rental Owner Occupied 50% or less AMI - Very Low Income Rental Owner Occupied 30% or less AMI - Extremely Low Income Proposed Land Use Restrictions X - PUD Restriction or AHDB Agreement - Developer Agreement - Impact Fee Deferral Agreement - Grant Restriction - Other: I hereby certify that the above -described project meets the definition of providing affordable Housing in Collier County and as such is entitled to participate in the County's "Expedited Review Procedures of Affordable Housing" as described in the Collier County Administrative Code through Resolution No. 2018- 40. By: Date: 912612423 Applicant/ Builder/ Developer By: Harringtfln5arah Date. os zsizoz3 Housing Policy & Economic Development Division Authorized Signer This Certification must be submitted to the Growth Management Community Development Department with permit application package, or plan revisions, within nine months of date of issuance. Updated' 6/22/2023 5H Housing Policy & Economic Development • 2800 N. Horseshoe ❑r. Naples, Florida 34104 Packet Pg. 112 CoMfer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) PETITION NO: PL20220003805 PROJECT NAME: JLM Living East RPUD DATE PROCESSED: Z PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative 11 Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): See "Property Owner List' Name of Applicant if different than owner: JLM Living, LLC Address: 3839 Bee Caves Rd., #205 City: Austin State: TX Zip: 78746 Telephone: 512.583.0055 E-Mail Address: josh@jImfinancialpartners.com Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey Cell: / Richard D. Yovanovich, Esq. / Coleman, Yovanovich & Koester, P.A. City: Bonita Springs Telephone: 239-947-1144 Cell: E-Mail Address: warnold@gradyminor.com / rovanovich@cyklawfirm.com If Property is under contract to be sold: Name of Property Buyer(s): JLM Living, LLC Name of Applicant if different than buyer: N.A. Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: 07/2022 City: City: Cell: Cell: State: FL ZIP: 34134 State: ZIP: State: ZIP: a Y V R m a� c •L a� x 0 o M 0 0 0 N N 0 N J a r c m E t U r Q Pag Packet Pg. 113 CoMfer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: A (RFMUO-Receiving) ST overlay Zoning district(s) to the JLM Living East RPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Residential Original PUD Name: Not applicable Ordinance No.: Not applicable 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; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), 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: 25 48 / 26 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: Plat Book: N.A. Page #: N.A. Size of Property: 590+/- ft. x See Exhibit D of the PUD Document Property I.D. Number: *See below 2494+/- ft. = 1620432+i- Total Sq. Ft. Acres: 37.2+/- Address/ General Location of Subject Property: Immokalee Road - See Aerial Location Map PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑✓ Residential ❑ Community Facilities ❑ Industrial ❑ Mixed Use ❑ Other: *Property I.D. Numbers: 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 "I Packet Pg. 114 1 Cori CT County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N ROW Immokalee Road ROW S A Residential E PUD Residential W A-ST 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. I N.A. I N.A. Lot• N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Metes & Bounds Description: Property I.D. Number: N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Assoc iation(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found ❑n the Civic Associations and Communities page ❑n the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: LaMorada at Naples Master Association, Inc. Mailing Address: 8200 NW 33rd Street, Suite 300 City: Miami State: FL ZIP: 33122 Name of Homeowner / Civic Association: VENTANA POINTE HOMEOWNERS ASSOCIATION INC. MailingAddress: 4670 Cardinal Way, #302 City: Naples Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: FL ZIP: 34112 State: ZIP: State: ZIP: State: ZIP: a lie U m a� c �L as a) x uO 0 ao M O O 0 N N O N J a r c as E U a r r Q 07/2022 Pag Packet Pg. 115 C0*1 T C014Hty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs 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 subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, 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. a Y cu m c �L cu a) x M 0 00 M 0 0 0 N N O N J a u c a� E L) r r Q 07/2022 Pag Packet Pg. 116 C0*1 T C014Hty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 W1 No If so, please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. 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 orocessine or otherwise activelv pursue the rezonine. amendment. or chance. for a period of six (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. a cu m c a� x 0 00 M O O 0 N N O N J d r c m E L) r Q 07/2022 Pag Packet Pg. 117 eZVk CoMeY County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): JLM Living, LLC Address: 3839 Bee Caves Rd., #205 Telephone: 512.583.0055 E-Mail Address: josh@jlmfinancialpartners.com Address of Subject Property (If available): N.A. City: State: City: Austin Cell: ZIP: PROPERTY INFORMATION Section/Township/Range: 25 / 48 / 26 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Exhibit D of the PUD Document Plat Book: N.A. Page #: Property I.D. Number: *see below TYPE OF SEWAGE DISPOSAL TO BE PROVIDED State: TS ZIP: 78746 Check applicable system: ❑✓ a. County Utility System b. City Utility System ❑ Provide Name: C. Franchised Utility System ❑ (GPD Capacity): d. Package Treatment Plant ❑ Type: e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 350 residential dwelling units Peak and Average Daily Demands: A. Water -Peak: 159,250 gpd Average Daily: 122,500 gpd B. Sewer -Peak: 233.1 gpm Average Daily: 87,500 gpd *Property I.D. Numbers: 00190520005, 00191360002, 07/2022 100191400001, 00191440003 and 00191600005 Packet Pg. 118 9.A.1.c Project Capacity - RESIDENTIAL A = Type of Unit B = Number of C = Population D = Total E = Per Capita F = Total G = Peak hour Units per Unit Population Flow (gpd) Average Daily flow (gpm) (B x C) Flow (gpd) (❑ x E) Residence* 350 2-5 375 100 87,500 233.1 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Peak Factor = 18 + (p)1/2 4 + (P)112 P= 0.875 (total population / 1000) Peak Factor (PF) =1 3.8 Note: Peak factor calculation per 10 State Standards. 3/30/2018 CCPU Wastewater Flow Packet Pg. 119 eZVk CoMer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. Attach additional pages if necessary. M 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. N.A. 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. a Y V R m 01 c �L a� x 0 CO M 0 0 0 N N 0 N J d r C d E L V R r r Q 07/2022 Pag Packet Pg. 120 Cofer County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF 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 A 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. Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ophysical presence or Flonline registration this day of 11 20_, by who is ❑ personally known to me orElhas produced Notary Seal Signature of Notary Public Print Name of Notary Public as identification 07/2022 Pag Packet Pg. 121 eZVk CoMer County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov final Submittal Requirement Checklist for: ❑✓ PUD Rezone- Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code 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 upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary ❑ Completed application with required attachments (download latest version) ✓ Pre -application meeting notes ✓ Affidavit of Authorization, signed and notarized ✓ Property wn r hi Disclosure Form ✓ Notarized and completed Covenant of Unified Control ✓ Completed Addressing Checklist ✓ Warranty Deed(s) _7 List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑✓ ❑ Statement of utility provisions I ✓ Environmental data requirements pursuant to LDC section 3.08.00 ✓ 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. ❑✓ ❑ Traffic Impact Study (TIS) ✓ Historical Survey 7 School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents 1/ Completed Exhibits A-F (see below for additional information)+ ✓ List of requested deviations from the LDC with justification for each (this is separate from Exhibit E) Eldocument ED *Checklist continues on next page 07/2022 Packet Pg. 122 eZVk CoMer County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" 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 Copy of Official Interpretation and/or Zoning Verification I Iv +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 G.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: 0 School District (Residential Components) ❑ Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: FEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning ❑✓ Consistency Review: $2,250.00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑✓ Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) a Y V m a� c •L a� x 0 00 M 0 0 0 N N O N J d c m E r r Q 07/2022 Page Packet Pg. 123 Cofer County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov ✓❑ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ✓❑ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov February 21, 2023 Signature of Petitioner or Agent Date ❑. Wayne Arnold, AICP Printed named of signing party 07/2022 Page Packet Pg. 124 9.A.1.c AM Living East RPUD (PL20220003805) Property Owner List Parcel I.D. Owner 00190520005 H & B Family Trust 00191360002 Virginia M Landis Dwight E Landis 00191400001 Edward Arthur Dinova Agnes Brown Dinova 00191440003 Gerald William House Justin House 00191600005 Little Pepper Ranch, LLC Address PO Box 10375, Naples, FL 34101 2661 Sundance Street, Naples, FL 34120 2691 Sundance Street, Naples, FL 34120 2914 Randall Circle, Naples, FL 34104 2655 Sundance Street, Naples, FL 34120 June 29, 2022 M GradyMinor Property Owner List. docx Civil Engineers • Land Surveyors • Planners • Landscape Architects Page 1 of 1 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134 • 239-947-1144 • engineering@gradyminor.eom • www.gradyminor.com Packet Pg. 125 9.A.1.c AM Living East RPUD (PL20220003805) 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 applicant is proposing to rezone the 37.2+/- acre property from A, Agriculture with the ST Overlay to a Residential PUD to permit up to 350 detached and attached rental units. This form of rental community is commonly referred to as horizontal rentals in that no dwelling units are constructed above one another. Each one or two-story unit is either free standing or attached side by side with another unit. The property is located within the Agricultural/Rural Designation, Rural Fringe Mixed Use District on the Future Land Use Map. A companion small- scale growth management plan amendment has been filed which proposes to create a new overlay to establish the JLM Living West Overlay. This Overlay proposes to provide for development of up to 350 rental apartments, of which 25% of those units constructed will be income restricted to persons having income levels consistent with the moderate- and low- income categories as established in the Collier County Land Development Code. The proposed PUD is for 350 dwelling units. The 37.2+/- acre property is located in the Rural Fringe Receiving area and permits a base density of 1 du/5 acre or 7 dwelling units without the use of TDRs. With TDRs the project would qualify for 37 dwelling units. The applicant has proposed to acquire 30 TDRs to achieve 37 dwelling units. The balance of the units (313) will be achieved by committing that 25% of the total units constructed will be income restricted to occupants earning less than 100% of the Collier County AMI. The specific commitment is: AFFORDABLE HOUSING: A. Of the total units constructed, the project shall comply with the following:12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. Of the income restricted units, including rent data for rented units, and homestead data for October4, 2023 M Gradyh inor Evaluation Criteria-r3.docx Page 1 of 10 Civil Enginccrs • 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.con Packet Pg. 126 9.A.1.c owner -occupied units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. 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 area is suitable for the proposed development. The site is in an area where Collier County Water Sewer District has both potable and wastewater facilities located in the Immokalee Road ROW. A charter school (Naples Classical Academy) and a portion of the LaMorada residential community has been constructed just west of the subject site, and a gated residential community known as Ventana Pointe has been constructed to the east. A portion of the Calusa Pines Golf Club is constructed to the south. Access to the project will be on Immokalee Road. A vegetation preservation area is provided to along the eastern property boundary. The project will have a surface water management system designed in accordance with the criteria of the South Florida Water Management District. 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 countyattorney. The applicant is the contract purchaser of the RPUD. All other properties surrounding the site are developed. 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.) As noted earlier, a companion small-scale growth management plan amendment has been filed which establishes an overlay district which is tailored to this specific property and establishes the proposed intensity of a maximum of 350 rental dwelling units, of which 25% of the units constructed will be income restricted. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. A companion small-scale growth management plan amendment has been filed which creates a new overlay providing for development of the proposed 350 rental units. Upon approval of the Overlay, the project may be deemed consistent with the Growth Management Plan. October 4, 2023 Evaluation Criteria-r3.docx Page 2 of 10 Packet Pg. 127 9.A.1.c Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development, while presently outside the Urban designated area is in an area of the County that has urban type development located north of Immokalee Road which is the Heritage Bay DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial development. The site has a charter school and residential (LaMorada) located immediately to the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf Club is located to the south. Immokalee Road at this location is a six -lane arterial roadway, and there are water and wastewater facilities located at the property. Approval of this project is not urban sprawl and development at urban intensities is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of attached and detached one and two-story rental units, of which 25% of the units constructed will be income restricted. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. This newer form of rental units known in the industry as "horizontal rentals, will offer a variation in the much in demand rental market and will complement the more conventional options in the market by offering a variation for rental choices. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The proposed conceptual PUD master plan identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/- acres. Some of the vegetation within the preserve is identified as wetland vegetation and meets the highest priority for preservation in the Conservation and Coastal Management Element. Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The project is adjacent to Immokalee Road, a six -lane arterial road. The single point of access to the site will be from Immokalee Road and will feature a loop roadway consistent with Policies 7.1 and 7.2. The project does not have an opportunity to provide an interconnection to adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and the land to the east is developed gated residential community. To the south is a private golf course. The proposed rental community will provide for indoor and outdoor recreational amenities for the residents which will be walkable and accessible via pedestrian walkways consistent with Policy 7.4. October 4, 2023 Evaluation Criteria-r3.docx Page 3 of 10 Packet Pg. 128 9.A.1.c Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Management Element Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on -site native vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly 100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the conceptual PUD master plan consistent with this policy. Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off -site preserves consistent with this policy. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Synecological Analysts, Inc. Housing Element Objective 1 of this element requires Collier County to provide affordable housing to meet the needs of the community. The proposed project has committed to provide 25% of the rental units constructed as income restricted housing consistent with this objective. The need for additional affordable housing is well documented in the ULI study from 2017 and the updated Housing Plan prepared by Collier County. 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 project as proposed is compatible both internally and externally. The site is adjacent to a charter school and the LaMorada community to the west, the Ventana Pointe residential project to the east and the Calusa Pines Golf Club to the south. The PUD master plan identifies a 15-foot wide type'B' buffer in addition to the 15 foot wide type'B' landscape buffer installed for the school, the 15 foot wide type'B' landscape buffer installed for the LaMorada community and the 25 foot wide type 'A' landscape buffer installed for the Ventana Pointe community. The proposed rental community will consist of detached and attached dwelling units with an actual height not to exceed a zoned height of 30 feet and an actual height of 35 feet. The height is typical for the nearby homes in the adjacent communities. e. The adequacy of usable open space areas in existence and as proposed to serve the E development. r r Q October 4, 2023 Evaluation Criteria-r3.docx Page 4 of 10 Packet Pg. 129 9.A.1.c The project has designated 25% of the native vegetation area as preserve and in combination of buffers, amenity area and miscellaneous green space will have 50% open space, consistent with that required in the Rural Fringe area. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. g. The ability of the subject property and of surrounding areas to accommodate expansion The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 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 project as proposed is consistent with the LDC. No deviations from the LDC have been requested. 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 Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. A companion small-scale growth management plan amendment has been filed which creates a new overlay providing for development of the proposed 350 rental units. Upon approval of the Overlay, the project may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development, while presently outside the Urban designated area is in an area of the County October 4, 2023 Evaluation Criteria-r3.docx Page 5 of 10 Packet Pg. 130 9.A.1.c that has urban type development located north of Immokalee Road which is the Heritage Bay DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial development. The site has a charter school and residential (LaMorada) located immediately to the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf Club is located to the south. Immokalee Road at this location is a six -lane arterial roadway, and there are water and wastewater facilities located at the property. Approval of this project is not urban sprawl and development at urban intensities is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of attached and detached one and two-story rental units, of which 25% of the units constructed will be income restricted. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. This newer form of rental units known in the industry as "horizontal rentals, will offer a variation in the much in demand rental market and will complement the more conventional options in the market by offering a variation for rental choices. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The proposed conceptual PUD master plan identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/- acres. Some of the vegetation within the preserve is identified as wetland vegetation and meets the highest priority for preservation in the Conservation and Coastal Management Element. Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The project is adjacent to Immokalee Road, a six -lane arterial road. The single point of access to the site will be from Immokalee Road and will feature a loop roadway consistent with Policies 7.1 and 7.2. The project does not have an opportunity to provide an interconnection to adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and the land to the east is developed gated residential community. To the south is a private golf course. The proposed rental community will provide for indoor and outdoor recreational amenities for the residents, which will be walkable and accessible via pedestrian walkways consistent with Policy 7.4. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. October 4, 2023 Evaluation Criteria-r3.docx Page 6 of 10 Packet Pg. 131 9.A.1.c Conservation and Coastal Management Element Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on -site native vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly 100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the conceptual PUD master plan consistent with this policy. Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off -site preserves consistent with this policy. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Synecological Analysts, Inc. Housing Element Objective 1 of this element requires Collier County to provide affordable housing to meet the needs of the community. The proposed project has committed to provide 25% of the rental units constructed as income restricted housing consistent with this objective. The need for additional affordable housing is well documented in the ULI study from 2017 and the updated Housing Plan prepared by Collier County. The PUD includes the following commitment to provide income restricted housing: AFFORDABLE HOUSING: A. Of the total units constructed, the project shall comply with the following:12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. Of the income restricted units, including rent data for rented units, and homestead data for owner -occupied units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. 2. The existing land use pattern. October 4, 2023 Evaluation Criteria-r3.docx Page 7 of 10 Packet Pg. 132 9.A.1.c The existing land use patterns are residential to the west and east, charter school to the west, golf course to the south and Immokalee Road to the north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Rezoning to a PUD does not create an isolated district. The proposed PUD meets all design criteria in the LDC for a PUD rezoning. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary represents a logical boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed rental community has made a commitment to provide 25% of the constructed units at rental rates that meet affordable housing guidelines. The density is not achievable on the agriculturally zoned property; thereby, necessitating the rezoning and companion small- scale amendment. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The proposed master plan and development standards will assure compatibility. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed 350-unit rental community will not create or excessively increase traffic congestion. The TIS prepared for the PUD rezoning application concludes that the project will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service. 8. Whether the proposed change will create a drainage problem. The project will obtain a SFWMD permit for the surface water management system and will E have no impact on surrounding development. r r Q 9. Whether the proposed change will seriously reduce light and air to adjacent areas. October 4, 2023 Evaluation Criteria-r3.docx Page 8 of 10 Packet Pg. 133 9.A.1.c The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on 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 proposed rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD Amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed PUD provides for an increase in the number of dwelling units above that authorized by the current zoning. In order to provide affordable housing, the applicant requires additional density. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community. 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 site in the County; however, this infill property has development surrounding it and it is served by a 6-lane arterial roadway and has water and wastewater services available to it. 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. October 4, 2023 Evaluation Criteria-r3.docx Page 9 of 10 Packet Pg. 134 9.A.1.c The site will require the typical site alteration of 2' to 3' of fill consistent with surrounding development. Vegetation removal will be required as for other vegetated sites to support development of the rental units. 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 Growth Management Plan amendment, and it is compatible with surrounding development. October 4, 2023 Evaluation Criteria-r3.docx Page 10 of 10 Packet Pg. 135 cover county 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount.yfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: LIUDZ and GMPA Date and Time: Monday June 6, 2022 m r'inn - inning 9:OOAM - JLM Living wes Assigned Planner: Corby Schmidt-PL20220003806- JLM Living West (GMPA)f Eric Ortman-PL20220003805- JLM Living EAST (PUDZ)f Corby Schmidt-PL20220003804- Engineering Manager (for PPL's and FP's): JLM Living g EAST (GMPA}.% Project Information PL20220003807- JLM Living West. (PUDZ) &GMPA-PL20220003806 Project Name: PL20220003805- JLM Living EAST (PUD2) MPA-PL2 22 3804 PL #: See above West - 1910-A40005 Both arcels /RFMAO-Receivin Property lD #: East - 190 20005 Current Zoning: P g Project Address: City: Naples State: FL Zip: 34120 Applicant: Sharon Umpenhour- Grady Minor Agent Name: D -Wayne Arnold, AICP phone: 947-1144 Bonita Springs, FL 34134 Agent/Firm Address: 3800 Via Del Rey City: 5tate: Zip: West-191040005- Ward,Whitley S & Brenda R PropertyOwner: East-190520005- H&B-Family Trust Please provide the following, if applicable: Total Acreage: 3 a 51 ii. Proposed # of Residential Units: 150 rental units incl .Affordable Housing 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 1/12/2021 Wage 1 1 of 3 Packet Pg. 136 9.A.1.c Co*ier Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 L Meeting Notes 0 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 N Form is required for all applications. A copy of this new form is included in your pre-app Note -- link is https://www.colliercountyfl.qov/Home/ShowDocument?id=75093 W c 2 ry 5 aJ po&T 2 .Ji�JECN C LL.L-.� ���� UST �s - P�G� a,� _z a a t~.e .�J — Sc�_ 4P— C rvt 01--1 L tO6Ta7( 9 T e • ;}G A rr- 0/6r , — C' .� r & — J IL -40, C C.i 1 r Lk i ems' ` 1�2r+•.v } ��_ l} r.Tltc .7 /a 0 rn rvlr�IL N 0- .he 0 M m 01 C 'i R N L!i O co M If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the c petition is submitted, we are to send it (by email) to the four persons below in their Utilities and Planning Depts. - along with N a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton(@naolesaov.com N 0 Allyson Holland AM Hollanc!CcDnaplesgov.cam Robin Singer RSin er na ies ov.com Erica Martin N emartin na ies ov-com ii r c Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is Based on the best availabie 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 c� of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all Q required data. Updated 1/12/2021 Page 1 2 of 5 Packet Pg. 137 9.A.1.c ThomasClarkeVEN From: SawyerMichael Sent: Tuesday, June 07, 2022 10:36 AM To: ThomasClarkeVEN; GaleanoNelson Cc: FinnTimothy; ortmanEric; SchmidtCorby Subject: RE: Pre-App Notes for BCHD PUDA and GMPA meeting today and JLM East/West yesterday Thomas, Thank you for keeping us up to date. I don't have anything forJLM...simply don't have an understanding of the request to provide anything specific. Suggest the notes reflect that: Transportation Planning is unable to attend this pre app; A met hodology meeti ng is req uired and a ny q uestions can be asked and discussed at that time. This or something similar should probably be provided for all Monday morning pre apes. Respectfully, Michael Sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.saw er colIiercount fl. ov From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> 6; Sent: Tuesday, June 7, 2022 10:09 AM To: 5awyerMichael Michael.Sawyer@colliercountyfl.gov> lie Cc: FinnTimothy <Ti mot hy.F1nn@col Iiercountyfl.gova; DrtmanEric <Eric.Ortman@col Iiercountyfl.gov>; SchmidtCorby U <Corby.Schmidt@ col Iiercountyfl.gov> m Subject: Pre-App Notes far BCHD PUDA and GMPA meeting today and JLM East/West yesterday c L Thanks Mike, for the Notes for BCHD PUDA/GMPA today. _ LO 0 00 Everybody knows you have Monday AM Meetings, but they still schedule these anyway. When CD you get a chance, would you see if you have any notes for 1LM East/West PUDZ- o PL20220003807/3805 and GMPA PL20220003806/3804. a Jim Banks was at the Pre-App and said he would contact you. E Tom a 7�0w,w &aur Packet Pg. 138 9.A.1.c ThomasClarkeVEN From: Bea rd La u ri e Sent: Monday, June 06, 2022 9:34 AM To: FinnTimothy; ❑rtmanEric Cc: ThomasClarkeVEN Subject: Pre Application Meeting PL20220003806 (GMPA)& PL20220003807 (PUDZ) - JLM Living West and Pre Application Meeting: PL20220003804 (GMPA) & PL20220003805 (PL)DZ)- JLM Living East Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Follow up Flag Status: Completed PU❑ monitoring pre-app notes attached. Please use for each pre-app. Thank you. Laurie Beard Project Manager Please note new address: PU❑ Monitoring. GM❑ 2800 N. Horseshoe Drive Naples, FL 34104 Laurie Beardfd)Co1iierCountyFL.gov Phone: (239)-252-5782 r sINCME r �,�r Under Florida Law, a -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. CL m •L CU x N O 00 M O O O N N O N J a d E s U 2 a i Packet Pg. 139 9.A.1.c 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." pp G _1z Packet Pg. 140 9.A.1.c ThomasClarkeViEN From: TempletonMark Sent: Monday, June 06, 2022 9:31 AM To: ThomasClarkeVEN �y-�;r c!;�- Subject: RE: for PL20220003807- JLM Living West (PUDZ} & PL20220003805- JLM Living East (PUDZ) with Companion GMPA's Hi Thomas, Buffer notes for this one: Landscape: Buffer per LDC along the East side of both 15' Type B along the West and South side of the East PUD and along the South side of the West PUD 20' Type D along the North side of both. Note that the parcel to the West of the West PUD is all preserve so no buffer needed along the West. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review C;0 1;r CvUHty Development Review Division Exceeding Expectations, Every Dory! NOTE: Email Address Hos Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone- 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval oi'any pennit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Friday, June 3, 2022 3:41 PM To: AshtonHeidi Heidi.Ashton@colliercountyfl.gov>; BeardLaurie <Laurie.Beard@colliercauntyfl.gov>; BrownCraig Craig.Brown@ coIliercountyfl.gov>; CookJaime Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov>; FaulknerSue Sue.Faulkner@colliercountyfl.gova; CastroGabriela<Gabriela.Castro @colIiercountyfl.gov>; SantabarbaraGino <Gino.Santabarbara@col liercountyfl.gov>; Ra i n eyJ e n n ife rA <JenniferA.Rainey@ coIIiercountyfl.gov>; MoscaMicheIe EMichele.Mosca@colliercountyfl.gov>; OrthRichard Richard.Orth@colliercountyfl.gov>; KlopfParker rParker.Klopf@colliercountyfl.gov>; HansenRachel Rachel.Hansen@colliercountyfl.gov>; AshkarSally Sally.Ashkar@colliercountyfl,gov>; SawyerMichael Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov> Cc: OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov>; SchmidtCorby Corby.Schmidt@colliercou ntyfl.gov> Packet Pg. 141 �.oer County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes a _ i - ur l ew"Pc a T- L f I4A .0 ..�'-7 i e +ram `NLifLC'I%-Me.-T-4 ; L '�Z� .3 6 r 3 .-. �v .ti w i �. �. .. nL � � Cv rr�T"r�-�:7 � �. Z � R� F�-w% � C'v c[ ► yew. � t, �" "�-�� o,�r ��C-Lc-S '� (�v r✓! �vi ,v �4ss. � ���f I� r'� � �1L1 �e�u. C'G�Ge n. C �'L" �r:: r.� Other required documentation for submittal (not listed on application): Disclaimer." Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 142 9.A.1.c ThomasClarkeVEN From: CookJaime Sent: Monday, June 06, 2022 9.32 AM To: ThomasClarkeVEN Cc: BrownCraig Subject: JLM East & West Pre-App Notes Good morning Thomas, For the JLM pre-apps, we will need (for each of the properties): ■ FLUCFCS Map delineating the vegetation on -site, • Environmental Data, including a current Listed Species Survey • Preserve calculations 1 preserve shown on the Master Plan • Include Setbacks to Preserve in Development Standards table • Narrative demonstrating compliance with Goals 6 & 7 of the CCME If you have any questions, please let me know. Thanks! Respectfully, Jaime Cook, M.S. Division Director J a �o per �aurity °' N Development Review Division M Exceeding Expectations, Every Day? 3 v m IVQiE: Email Address Has Changed m is 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.h290 Cell: 239.571.3800 R d 2 LO 0 00 Haw are we doing? Please CLICK HERE to fill out a Customer Survey. o We appreciate your Feedback! o N N O N J a c m E r _ a 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. i Packet Pg. 143 9.A.1.c PRE -APPLICATION MEETING NOTES JLM Living GMPAs & PUDZs at: 9:00/10:00 a.m. on Monday, June 06 Pre-App Notes foldered at: F:lworklistslL00K - THiNK PRE-APP prep_0044 ❖ Tim Finn / Eric Ortman [PUDZs] Corby Schmidt [Overlay GMPAs] * * * Ortman & Mike Sawyer not involved in Pre-App; ❖ 22-3804 [Overlay GMPA] 22-3805 [PUDZ] (east); Eric Ortman; located West of Ventana Pointe & East of Naples Classical Academy; * " ` Ortman & Mike Sawyer not involved in Pre-App * * * ❖ 22-3806 [Overlay GMPA] 22-3807 [PUDZ] (west); Tim Finn; located West of Naples Classical Academy & East of Peace Early Learning Center; behind/N of SFR lots on Somerset Place; * * * Ortman & Mike Sawyer not involved in Pre-App; ❖ Wayne, Sharon, Rich, team; ❖ approx. 20 acres 111 17.23 ac. & 17.28 ac. 111 on each part; ❖ both lie in the Rural Designation, RFMUD Receiving Lands; ❖ 150 homes, including affordable housing; in each part (East & West) = 300 lots total; 175 low-rise MFR rentals, including affordable housing; in each part (East & West) = 350 lots total; both properties have SRTs; ❖ In the evaluation of the projects for the GMPAs please address the following policies: 5.5, 5.6, 5.9, 7.1, 7.2, 7.3 & 7.4. The applicant will need to provide a market study showing the need and demand for the market rate and affordable housing of the proposed project at this density as well as provide at least 22.5130% of the units at an affordable level as laid out in LDC 2.06.03; minimum (22.5%); ❖ Proposed access to Eastern property (380510rtman) to be by: shared access with Ventana Pointe; TWO (2) RESIDENTIAL OVERLAYS on 2 properties; two PUDZs; Deviation to Parking Standards; ❖ Proposed access to Western property (38071Ray Bellows) to be by: new access from Immokalee Road; immediately South of/across from Heritage Bay Blvd.; Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Packet Pg. 144 9.A.1.c Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations. Various incentives are employed to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration, Such incentives include but are not limited to the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within Receiving Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay: Maximum Density. The base residential density allowable for designated Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blending provisions. Dwelling Units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). Once the maximum density is achieved through the use of TDR Credits, additional density may be achieved as follows: o A density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. o A density bonus of no more than 10% of the maximum density per acre shall be allowed as provided in Policy 6.2.5(6)b of the CCME. Clustering: Where the transfer of development rights is employed to increase residential density within Receiving Lands, such residential development shall be clustered in accordance with the following provisions: o Consistent with the provisions of the Potable Water and Sanitary Sewer Subelements of this Plan, central water and sewer shall be extended to the project [the Ventana Pointe PUDZ requires 8 in. stub -outs where this will beJ. Where County sewer or water services may not be available concurrent with development in Receiving Lands, interim private water and sewer facilities may be approved, a The maximum lot size allowable for a single-family detached dwelling unit is one acre. o The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. Minimum Project Size: The minimum project size required in order to receive transferred dwelling units is forty (40) contiguous acres. Emergency Preparedness: ` Packet Pg. 145 9.A.1.c o in order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. Staff requests that the applicant provide a secondary access point to the community onto either Rock Rd to the West or to Cypress Dr to the South to address connectivity and emergency management access concerns. o Applicants for new developments proposed for Receiving Lands shall work with the Florida Forest Service and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. Allowable Uses: Uses within Receiving Lands are limited to the following: o Agricultural uses; ❑ Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. o Multi -family residential structures shall be permitted under the Residential Clustering provisions of this plan, subject to the development of appropriate development standards to ensure that the transitional semi -rural character of the Rural Fringe Mixed Use District is preserved, These development standards shall include, but are not limited to building heights, design standards, buffers, and setbacks. a Rural Villages, subject to the provisions set forth in ll. 6.3 of this element. o Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. c Group housing uses subject to the following density/intensity limitations: ■ Family Care Facilities: 1 unit per 5 acres; ■ Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. o Staff housing as may be incidental to, and in support of, safety service facilities and essential services; F;\workiists\LDOK - T H i N K PRE-APP prep_0044.docx Packet Pg. 146 9.A.1.c Cofer Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount I. ov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# PL20220003807— JLM Living West (PUDZ)&GMPA PL20220003805— JLM Living EAST PUDZ &GMPA Collier County Contact Information: Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com El Steve Baiuch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov MSM/Deputy Fire Marshal - Shar A.Beddaw Greater Naples Fire 241-1422 sbeddow@gnfire.org LPRay Bellows Zoning, Planning Manager 252-2463 raymond.bellows@coliiercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Ll Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov E6-r�Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidLashton@colIiercountyfLgov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.carke@colliercountyfl.gov Jamie Cook Development Review Director 252-6290 Jaime. cook@col liercountyfl. ov i✓ Gabriela Castro Zoning Principal Planner 252-4211 abriela.Castro@coiliercountyfl.gov Maggie DeMeo North Collier Fire 252-2309 pdemeo@northcollierfire.com f v rz ,vim �� Utility Planning 252-1037 sQ�. , iti�y ;,u.., evwry,cti erica. Colirercounty .gov k'Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.fauikner@col lie rcounty€l. ov 1 Michael Gibbons Structural/Residential Plan Review 252-2426 michael. ibbons@coliiercountyfl,gov Storm Gewirtz, P.E. Engineering 5tormwater 252-2434 storm. ewirtz@colliercount fLgov Qevelopment Review -Planning I6 Cormac Giblin, AICP Manager 252-5095 Cormac.giblin@colliercountyfl.gov Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundiach@colliercountyfl.gov Rachel Hansen GMP — Comprehensive Planning 252-1142 Rachel, hansen@col lie rcountyfI gov Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@coliiercountyfl.gov Anita Jenkins Planning & Zoning Director 252-5095 Anita.Jenkins@cofliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@coiliercountyfLgov Parker Klopf GMP — Comprehensive Nanning 252-2471 Parker.klopf@colliercountyfl.gov I i Troy Komarowski North Collier Fire 252-2521 1 tkomarowski@northcollierfire.com Sean Lintz North Collier Fire 597-9227 slinfz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov Thomas Mastrobert❑ Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Jack McKenna, P.E. Engineering Services 252-2911 j jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 U(r Packet Pg. 147 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountlifl.eov Matt McLean, P.E. Michele Mosca, AICP R44ard-04h V--- F-1 EriMAIM- n 0''4 Derek Perry El Brandi Pollard Todd Rig all 1.1 Brett Rosenblum, P.E. El James Sabo, AICP ❑ Michael Sawyer E-KCorby Schmidt, AICP El Linda Simmons L j Peter Shawinsky _ Mark Templeton u Connie Thomas I._ Jessica Velasco Jon Walsh, P,E. Kirsten Wilkie Christine Willoughb .I Daniel Zunzuneizui 9.A.1.c Coder county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 Division Director- IF, CPP & PM 1 252-8279 I matthew.mclean@coliiercoui Capital Project Planning 252-2466 michele.mosca@colliercount- 5tormwater Planning252-5092 ziehar .d.ari� colliercountyfl.; Zoning Principal Planner 252-1032 Eric. Qrtman@colIiercountyfl.; Assistant County Attorney 252-8066 Derek. perry@colliercountyfl.l Utility Impact fees 252-6237 brandi.pollard@colliercounty North Collier Fire 597-9227 triggall@northcollierfire.com Development Review Principal Project Mani a er 252-2905 brett.rosenblum@colliercoun GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.g Transportation Planning 252-2926 michael.sawyer@colliercount Comprehensive Planning 252-2944 corby.schmidt@col lie rcountyl North Collier Fire 252-2311 Linda.Simmons@colliercount) Architectural Review 252-8523 peter.shawinsky@collie rcount Landscape Review 1 252-2475 mark.templeton@colliercount Client Services Supervisor 252-6369 Consuela.thomas@colliercour Client Services 252-2584 jessica.velasco@colliercountyi Building Review 252-2962 jonathan.walsh@colliercounty Environmental Review Manager 252-5518 kirsten.wiIkie@col lie rcountyfl. ❑evelopmentReview -Zonin 252-5748 christIne.willou hby@colRerc[ North Collier Fire 252-2310 Daniel.Zunzunegui@coiliercou Additional Attendee Contact Information. Updated 1/12/2021 ov Page 1 5 of 5 v v Tu a CU m c �L d LO CD 00 M O O O N N O N J a w c m E w a Packet Pg. 148 ji.- -I;I III.- - Find a participant thomas Clarke (Host, me) © GradyMinor Jaime Cook ryovanovich 0 TimathyFinn CorbySchmidt. AICP. Principal Planner vRays Bellows, Zoning Manager beard -I Bryan Moore Cormac Giblin CDerek Perry Heidi Cicko JG iPhone Djmbs,G 0 Mark Matthe,v Peterson 15129638437 9.A.1.c a 3 Y V f4 m C •L R x LO 0 CO M O O O N N O N J a r c aD E a Packet Pg. 149 9.A.1.c C011187 COHMty Growth Management [department Zoning Division Applicant/Agent may olso send site plans or conceptual plans for review in advance if desired. PL20220003807— AM Living West PUDZ Planner- Tim Finn PL20220003806— AM Living West GMPA Planner- Corby Schmidt PL20220003805— AM Living East PUDZ Planner- Eric Qrtman PL20220003804— AM Living East GMPA Planner- Corby Schmidt Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION ■ Name and Number of who submitted pre-app request Sharon Umpenhour, 239.947,1144 ■ Agent to list for PL# D. Wayne Arnold, AICP ■ Owner of property (all owners for all parcels) Parcel ID 00191040005, Whitley 5. and Brenda R. Ward Parcel ID 00 1905 2 0005, H & S Family Trust ■ Confirm Purpose of Pre-App: (Rezone, etc.) GMPA and PUD Rezone ■ Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 175 MF dwelling unit per parcel ■ Details about Project: Rezone from the A-ST (RFMUO) Zoning District to RPUD to allow MF ❑wel€ing. Units REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour Title: Senior Planning Technician Email: sumpenhour@gradyminor.com Phone: 239.947.1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercvuntyfl Phone: 239-252-6866 Created April 5, 2017 Location. K:\CDES Pianning SerVices\Current\2oning Staff Information �Nv Zoning Dtuism • 28M North Horseshoe Drive • Hapies, Florida 34104.239-252-2400• wAwcolhergov.net Packet Pg. 150 9.A.1.c cotfi y county COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www, col I ie rcou nty.gov Final Submittal Requirement Checklist for: XPUD 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 htt www.colliercount fl. ov Home Showoocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Z Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form_ 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included 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 of previous surveys. 1 El Traffic impact Study bkw AT i, AA-v OF 54kJ k, ` 4L- 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 LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next March 4, 2020 Page 9 of 11 Packet Pg. 151 9.A.1.c Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco a nty.go� 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX- (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy (-] Original PUD document ordinance, and Master Plan 24" x 36" - Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ El 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 Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description `i Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities En g ineering: E+ie-Fey Tg-,v,v,Fr,+. . gjINLy Parks and Recreation: Barry Williams (Director) Management: Dan Summers Immokalee Water/Sewer District: ffEmergency City of Naples: Robin Singer, Planning Director 1.21 Other; • A PL e,�, City of Naples Utilities 121 Other: 5`76/2.,rr w4-re,�- cC oaf ASSOCIATED FEES FOR APPLICATION X Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000,00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 ,A Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: i5yErK4-tL-TQ srrFp- �Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 152 9.A.1.c Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliertounty.go►► (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 ❑ BCC: $500.00 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 at 20% of the original fee Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 Packet Pg. 153 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and PL20220003805 1, Josh Meyer (print name), as Manager (title, if applicable) of JLM Living. LLC, a Texas limited liability company (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicantQcontract 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 Q• Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, 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. wl'-7r 5 Siogature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of ®physical presence or 1771 online notarization this 10 day of %YI 4i'&Jl 2023 , by (printed name of owner or qualifier) Josh Meyer as Manager Such person(s) Notary Public must check applicable box: ® Are personally known to me ® Has produced a current drivers license c�Pp" P�gli LORI SWEETLAND e *: *. My Notary ID # 1251IU212 9rF aF Kit° Expires January I(N2025y S id Has produced as identification. Notary Signature: CP108-COA-001151155 REV 3/4/2020 Packet Pg. 154 AFFIDAVIT OF AUTHORIZATION 9.A.1.c FOR PETITION NUMBERS(S) PL2022000MU and PL2022WO3W5 I, Wheie J. sendef (print name), as Trust- (title, if applicable) of K& B Fwnif Truss (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 resuit of any action approved by the County in accordance with this application and the band 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 dLM Living. LLC. a Texas IIfnNd iiabiiny cwpmy 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. pros. or v. pros. • 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, " e if the applicant is a partnership, then typically a partner can sign on behalf of the partnership, e If the applicant is a limited partnership, then the general partner must sign and be identified as the "general partner" of the names' parfnership. ■ If the applicant is a trust, then they mast include the trustee's name and the words "as trustee". e In each instance, first determine the applicants 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. Si nature Date STATE OF FLORIDA COUNTY OF COLLIER foregoin in trument was acknowleged before me by means of Elphysical presence or ❑online notarization this day of 2023 , by (printed name of owner or qualifier) Wwleie J. Bander as Trustee Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. :�rP JaEs r SCHilLIE Notary Public - State of Fl&da Notary Signature; COMM15600 # HH 189543 my Comm. Expires Hoy 23, 2025 CP108-00A-W1 ] n155 REV 3r4l2020 Packet Pg. 155 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003604 and FL20220003805 I, Agnes Rmwn Dinava (print name), as NA (title, if applicable) of N.A (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaserF7and 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 JLM Living, LLC, a Texas limilad liability company to act as ourlmy 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 carp. prey. or v. pres. • It the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.CJ, 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. r 11 . ;ZV 0. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Ebphy5ical presence or ❑ online notarization this day of '''' } w 20 23 . by (printed name of owner or qualifier) Agnas grown 4inavd Such person(s) Notary Public must Check applicable box: ❑ Are personally known to me ❑ Has produced a current drivers license ©-flas produced: 1i identification. Notary Signature: Ovikt- CM08-COA-DO 1 REV 3/4t2020 gWON UMpEtH QUR my CAMMIS$14N I MR189535 EVIRES:Oeceiritter 4, 2025 bonded ihre Notf Public Undm�wft Ovf,• Packet Pg. 156 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL�ozzaao3So4and PL20220003805 I, Edward Arthur Oinova (print name), aS N.A. _ (title, if applicable) of NA. (company, If a licable), swear or affirm under oath, that I am the (choose one) owner0 applicant=contract purchaser=and that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Ail 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. WeJI authorize JLM uving, LLC, a Texas limited liability company 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. pros. or v. pros. • 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 iA it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER ,The foregoing instrument was acknowleged before me by means of a ysical presence or ❑ online notarization this day of '� L. 203, by (printed name of owner or qualifier) Edward Arthur Dinova Such person(s) Notary Public must check applicable box; ❑ Ara personally known to me ❑ H 199 Has produced a current drivers license ;;�w► ti St R dMt�#H1 • MY cQMMIS8{pty # H1d535 k#as produced L ' as idontification. EXPIRES' Dwmber 412025 ti BMW �ru Noukry PubgC Lfrrd6 %IWM Notary Signature: j/ C P108-[; OA-0©11 S1 I $1 REV 3/4/2920 Packet Pg. 157 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2022000=4 and PL202200QU05 1, Juvin House (print name), as N.A. (title, if applicable) of N.A- (company, If a licable), swear or affirm under oath, that I am the (choose one) owner0 applicantQcontract purchaseroand that: 1- i have full authority to secure the approvals) 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 ELM UyIng, LLC, a Texas limited llablllty company 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. pros. or v. pros. • 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 their 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 acts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of 0physical presence or ❑online notarization this 3 day of March .2023 , by (printed name of owner or qualifier) JusVr Houae . Such person(s) Notary Public must check applicable box: ❑ Are personally known to me x1 Has produced a current drivers license ❑ Has produced _ at 1 entification. Notary Signature: $MRON WIPE My COMMISSION # HH 10535 ` EXPIRES: D&wmber 4, 2025 gondadTraNalAryMu kUrrdmwM_ CM-C❑AM I I51I55 REV 314/2424 Packet Pg. 158 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL202200038Ci4 and PL20ZZ0003805 1, Gerald William House (print name), as N A (title, if applicable) of NA (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicantOcontract purchaser and that. 1_ 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2, All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and Well imposed by the approved action. `5. y yell authorize AM Livvi Q, LL,C, a Texas limited linbility company 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.), them the dacuments 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 fimited 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 detennine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. . ! Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Qphysical presence or ❑online notarization this stay of March , 2U 21 , by (printed name of owner or qualifier) Gerald William House Such person(s) Notary Public must check applicable box: ❑ Are personally known to me M Has produced a current drivers license ❑ Has produceds identification. ( it Notary 5igna#urea J t ?i SH1tRON UMfPENI10UR ' MY CQMMISSI(}N # HH 199535 EXPIRES: December 4, 2025 Bonded 7hru Nolsry Public Unde..Me($ CP108-COA-011115115.5 REV 31412021, Packet Pg. 159 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and PL20220003805 1 Virginia M. Uli,05 (print name), as N.A. (title, if applicable) of N.A. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaserFland that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Cade; 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 JLM wing, LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, them it is usually executed by the Corp, Ares. or v, pros. • If the applicant is a Limited Liability Company (L.L-GJ or Limited Company (L-G-), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. . If the applicant is a trust, then they must include the trustee's name and the wards "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. 3 ' 4 1 /'""�'4r �r February 23, 2023 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of tplhysical presence or ❑ online notarization this 23 day of Fal—mv , 20 z1 , by (printed name of owner or qualifier) Virginia M. Landis Such person(s) Notary Publie must check applicable box: ❑ Are personally known to me ❑ Has produced a currant drivers.license ❑ Has produced M' Notary Signature: Itification. SHARON UMPENHOUR W COMMISSION 0 HH 109630 EXPIRES: Dsumber A, 2U5 Banded TNV W bry Pubk Undsw t % CFW-COA-00115\155 REV 3/4/2020 Packet Pg. 160 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Ft-20220003804 and PL20220003805 I, Jon PerfthiN (print name), as Manager (title, if applicable) Of LiWe Pepper Ranch, LLC (company, If a licable), 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 #or 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 JLM Living, LLC, a Texas rimitad liability company 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 core. pres. or v. pres. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), their 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, their 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, l declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 2 atu re yak STATE OF FLORIDA COUNTY OF COLLIER (XLforegoin ' �tr rft6nt was acknowleged before me by means of �#pfiysical presence or ❑ online notarization this ['day of - I C- 20 as , by (printed name of owner or qualifier) Jon PtMchltf aS Manager of Little Pepper Ranch, LLc Such person(s) Notary Public must check applicable box: 0 Are personally known to me ❑ Has producedIa{rUrrent drivers license [h as produc$d ' cTa F as identification. .... —Lt—( Notary Signature: CP108-CO A-001 I M 05 RPV 31412024 "t SWON UMPENHOUR * k; µY COMMISSION # H141"W x EXPIRES: December 4, 2025 �.,,op{d;�'` Sond6+1T#ttuNaGuyi'upGcUndeivrrlt� Packet Pg. 161 9.A.1.c AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and P1-20220003805 1, Shannon Partchik (print name), as Manager (title, if applicable) of Llltle Popper Ranch, LLC (company, If applicable). swear or affirm under oath, that I am the (choose one) owner= ap pl ica nt =cc ntract 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 author¢ze JLM Living, LLC, a Texas limiled liability Company 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, pros, • 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, them 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 them use the appropriate fonnat for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts tated in it are true.zv; zz��- f�. �`.� Z Signature date STATE OF FLORIDA COUNTY OF COLLIER foregoin '.fit{44 was acknowieged before me by means of physical presence or ❑online notarization this day of � ' .20 23 , by (printed name of owner or qualifier) Shannon Pertchik as Manager omillle Pepper Ranch, LLC Such person(s) Notary Publio must check applicable box: 0 Are personally known to me ❑ Has produced a current drive license r— f- � , [as produce < < + as identification, Notary Signature: jvn f ll cro&COA-00I 151][55 REV 3/4f2020 �•• SHARON MPENHOUR My COMM15SON # HH 1005 • EXPIRIES: I]ewmWr 4, 2025 ''• �nr °.� 0oaded Thru ROM Public UP0 Packet Pg. 162 Coder County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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 Dwight E. Landis (deceased) Virginia M. Landis, 2661 Sundance St, Naples 34120 (as tenants by 100 the entirety) Edward Arthur Dinova and Agnes Brown Dinova, 2691 Sundance St, 100 Naples 34120 (as tenants by the entirety) Gerald William House and Justin House, 2914 Randall Circle, Naples, 100 34104 (as tenants by the entirety) 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 N.A. 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 H & B Family Trust, PO Box 1037S Naples 34101 Michele J. Bender as Successor Trustee — 100% 100 01/2023 Page 1 of 3 Packet Pg. 163 Coder County 9.A.1.c Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 Little Pepper Ranch, LLC, a Florida limited liability company, 2655 Sundance Street, Naples 34120 Jon Pertchik as Manager (Ownership Interest) Shannon Pertchik, as Manager (Ownership Interest) 100 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 Address % of Ownership JLM Living, LLC a Texas limited liability company, 3839 Bee Caves Road, Suite 205, Austin, TX 78746 (see attached) Larry Meyer, Manager - Ownership Interest Josh Meyer, Manager - Ownership Interest Chris Votaw, Manager - Ownership Interest 100 Date of Contract: 2021 and 2022 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 1990, 2009, 2012, 2016 and 2022 01/2023 Page 2 of 3 Packet Pg. 164 9.A.1.c Cote er County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A. , or Anticipated closing date: N.A. AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov February 24, 2023 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) 01/2023 Page 3 of 3 Packet Pg. 165 Coll%r Coxnty 9.A.1.c COLLIER COUNTY GOVERNMENT 2800 NORTH J40RSESJ40E DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.cailiercounty.goy (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Paroef ID Number00190520DOS Immokslee Road (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 Residential planned unit developmen+ [ R P€!D) zoning. We hereby designate JLM Ovin9. UGC legal representative thereof, as the lega representatives of the property and as such, these individuals are authorized to legally bind all owners of the property it the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring anc authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoninj 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 placer on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. Z. The legal representative identified herein is responsible for compliance with all terms, conditions, Safeguards, anc stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or it 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, oI safeguards provided for in the planned unit development process wilt constitute a violation of the Land developmen' Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants anc restrictions which run with the land so as to provide notice to subsequent ownersthat all development activity withir 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 compe compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unil development and the County may stop ongoing construction activity until the project is brought Into compliance witl all terms, conditions and safeguards of the planned unit development. ol owner iNichele J. Bender as Truatee of H & B Fam0y Trutt Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The for oing instrument was acknowieged before me by means of ahysical presence or[Donline notarization this day of 7r'l 20_L3, by (printed name of owner or qualifier) m0efe J• Bender asTrusteeaf H & B Fatuity Trust Such person(s) Nota(v Public must check applicable box: SAre personally known to me []Has produced a current drivers license :s;•Pi ._ JAME5T5CHU12f [3Flas produced as Identfficatlon. - Notary Public • State of Florida Notary Signature: March 4, 2020 r " commission # HH 189541 My Comm. Expires Nor 23, 2025 rn 0 rn N a M Y V m a� c LO O 0 CM O O 0 N N O N J a a Packet Pg. 166 INSTR 4868960 OR 4947 PG 393 RECORDED 7/23/2013 9:23 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 9.A.1.c EXHIBIT Prepared by & Retur"o: LU G. Herbst" P.O. Box 10375 `< c Naples, Florida 34101' Quit Claim Deed Made this 17th day of in y, 2013 by G. Herbst, a married man, whose address is P.O. Box E 10375, Naples, FL 34101 (hereinadr called the "Grantor"), to G. Herbst, as Trustee, or his successors in trust, under the H &,B-FANMY TRUST, a Florida Land Trust (hereinafter E referred to as "Grantee"), with full power anal authority to protect, conserve, sell, lease, as encumber, or otherwise to manage and dispose of the real property described herein as provided in Florida Statute 689.071, and whose &ffibe address is: P.O. Box 10375, Naples, FL 34101. o 00 (Whenever used herein the term "grantor" and. grant '$_include all the parties to this instrument and the o heirs, legal representatives and assigns of individyals of the successors and assigns of corporations) N N CD Witnesseth, that the grantor, for and in cosef*n of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations receipt whereof is hereby acknowledged, a. .does hereby remise, release, and quit claim unto the `gaittee forever, all the right, title, interest, claim dfid demand which the said grantor has in and to, all filtai certain land situate in Collier County, Florida, viz: i a The West one half (1/2) of the Northeast quarter (1/4) tad he Northeast quarter (1/4) of Section 25, Township 48 South, Range 26 East; subject to eXistig restrictions and m reservations of record; and less the North 100 feet previously nxeyed for highway c right-of-way, and less that portion as described in O.R. 3302, PAge; 3251. a Parcel Identification Number: 00190520005 _ Together with all the tenements, hereditaments and appurtenances thei too gtng or M in anywise appertaining. g CD To Have and to Hold, the same together with all and singular the appurtenances thereunto J belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity a and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the said grantee forever. E In Witness Whereof, the said grantor has signed and sealed these presents the day and Q year first above written. Packet Pg. 167 *** OR 4947 PG 394 *** and delivered in our presence: Witness v - Printed Name: �� V-r*—A Witness Printed Name: State of Florida County of Collier The foregoing instrument was acknowledgd G. Herbst, who is ( ) personally known to m4 identification. [Notary Seal] N Printed N thisi—j— day of July 2013, by has produced a driver's license as My Commission =myC"M �� Quit Claim Deed- Page 2 CL Y V m a� c m 2 LO O co co O O O N N O N J CL Y E U M \I Packet Pg. 168 9.A.1.c CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gou (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 10 Number 00191400001 (Street address and City. State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate JLM Living, uuc 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. Sc) 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 term , onditions and safeguards of the planned unit development. �s Owner O er Edward Arthur Dinova Agnes Brown Dlnova Printed Name Printed flame STATE OF FLORIDA COUNTY OF COLLIER The foregoing instryment was acknowleged before me by means of 0�p ysical presence or❑anline notarization this 2 day of i € ��7� 24J by (printed name of owner or qualifier) Edward Arthur Di_nme and Agnes Brown Dinova Such person(s) Notary Public must check applicable box: ❑Are personally known to me St•iARONUMPENHOUR ' �T Pu it ❑Has produced a current drivers license ', MyCpthMi3514M#Hli 199535 [DHas produced , '� L s identification. nl EXPIRES: DeWrnberh.2025 "°;��4 4r Bondad Thru Notary Public 1JndemT?brs Notary Signature! — March Packet Pg. 169 9.A.1.c IN&TR 6258394 OR 6132 PC CLERK OF THE CIRCUIT COURT D00.70 $0.70 REc $18,50 CONS 510.00 978 E-RECORDED 5/26/2022 9:12 AM PAGES AND COMPTROLLER, COLLIER COUP—, INDX $1.00 EXHIBIT Prepared by nod return to; Zaltnan Cale, IN. Low Offiee of Conrad Willkomm, P.A. 3201 Tsmiami Trail Nora}, Second Floor Naples, FL34103 239-262-5303 I< f "� File Number: 22D.09" .. Parcel Identification No,,.OPV14 0001 (space Above This Line For Recording Oiiial 'warranty Deed ATUTORY FORM - SECTION 689.02, F.S,) This Indenture made this 19" day f Ma 20;2, between Edward Dinova a/k/a Edward Arthur Dinova, a married man joined by his spouse Agnes Brown Dir ova,lase post office address is 2691 Sundance Street, Naples, FIB 34120, of the County of Collier, State of Florida, gr rjt r`, aj. d,Edward Arthur Dinova and Agnes Brown Dinova, husband and wife, whose post office address is 2691 Sundentze etr*t, Naples, FL 34120, of the County of Collier, State of Florida, grantee*, { r � Wiitnesseth that said grantor, for and in consideration ttiestl ttn of TEN AND NO/ 100 DOLLARS (S 10,00) and other good and valuable considerations to said grantor in hand pad by id. grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grant. s heir' .nd assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit:' The North Half of the 'West half of the West Half of t4 }least Quarter of the Northeast Quarter of Section 25, Township 48 South, Range 26 Vast, said..�t's gltitate lying and being in Collier County, Florida, per Deed recorded in OR Book 2260, Page 0274, Ptia llc; cords of Collier County, Florida. This deed has been prepared without benefit of title search n,tt;dlor' ;imillation. and said grantor does hereby fully warrant the title to said land, and wN de e# 1d he same against lawful claims of all persons whomsoever. . "Grantor" snd "Granlee" are used for singular or plural. ns a K+y uiro$, ,y *Intentionally Len 131stnk" Packet Pg. 170 9.A.1.c Cioftr C wnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col lie rcou nty.gav 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX, (239) 252•6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I0 Nurnbar00191440003 (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 - Residential planned unit development (R PUD) zoning. We hereby designate ELM„Living. LLC 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 dev pment. ~Owner wrier Gerald Wllllam Howse Just n House Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of ❑x physlcal presence or❑online notarization this a day of March 20 23 , by (printed name of owner or qualifier) Garald William House Such persons) Notary Public must check applicable box: R ❑Are personally known to me r QHas produced a curre t drivers license Q Y ❑5HARON UMPENHOURHaspraduced as Identification. r fik MY COMMISSION 0HHIM35 r. EXPIRES: December 4, 2025 Notary Signature;' BondedThruNulsryPubNcUndarvnitera l March 4, 2020 Pages of 11 Packet Pg. 171 9.A.1.c INSTR 4367563 OR 4513 PG 1991 RECORDED 11/30/2009 3:09 PM PAGES 1 DWIGHT E, 9ROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DoO.70 i0.70 REC $10-00 CONS $0 , 00 EXHIBIT This Instrument prepared By Jana Jay Malen, Esq. P.0. Box 308 Naples, FL 34106 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this r2Lday&Ho"e 2009 by Jill Eleanor House}g 4(v9rced woman, first party, to Gerald Wind Justin House, whose post office address ' 914 Randall Circle, Naples, FL 3410ty WITNE35, � at the said first party, for and inconsideration of the sum of $10.00 OGV, in hand paid.. by't said second party, the receipt of which is hereby acknowledged, does hereby remise, release andgit#t-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lyfpg and being in the County of Collier, State of Florida, to wit: South %: of West 1/z of We /i# 5E 1/ of NE 1/� S 25 T48S R 26E Parcel #00191440003 TO HAVE AND TO MOLD tlteisarne tggether with all and singular the appurtenances thereunto belonging or in anywise appertin ni and aIt the estate, right, title, interest, lien, equity and claim whatsoever of the said first parfy�eithe 'in law or equity, to the only proper use, benefit and behoof of the second party farcver, IN WITNESS WHEREOF, the said firstprt.bos signed and sealed these presents the day and year first above written. . Signed, sealed and delivered in the presence of T 11 EA 8R HOi3SE led Name of Witness tress T Printed Narnc 6f Witness { STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jill Eleanor House, who is personally known by me or who provided identification in the form of , ana who acknowledged before me that s/he executed the same, in the County and State first aforesaid this ,?8' day of July, 2009. NOTARY PUBLIC Yrinted�ao��$� {seal} Packet Pg. 172 9.A.1.c Coder C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (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❑ Number 00191360002 (Street address and City, State and Zip Code) and legally described in ExhihitA attached hereto. The property described herein is the subject of an application for Residential _ planned unit development (R PUD) zoning. We hereby designate JLM Living, LLC , 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 prodded 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. IL Owner Owner Virginia M. Landis Printed Marne Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Mphysical presence olDonline notarization this 23 day of February , 20 23, by (printed name of owner or qualifier) Virginia M. Landis Such person(s) Notary Public must check applicable box: F]Are personally known to me E]Hasproduced M—N rive'sl'pe `YF 953 �y00 gION#HH195 xMHas producedas ide ti ication. �. ,: C,7� _ ` ac Ar EXPIRES: Dewmber 4, 20M Notary Signature: ( • 4"z � $°^Th+"Nu%ryPublkUndwmftrm 11 March 4, 2020 Page 8 of 11 Packet Pg. 173 9.A.1.c vDieir � _ • _ _ _ _ . 7. D1'422483 ecrII Mfi40 nEA COMTY pp'}} OED This �%rlantiz ]Drrb Mk 16e j dare( Oee•embef A.U.t9g9 by JhN£S ghRTR[PGE ann LakEtin O. PhRTRIC73. Husband and fate and M pC D1IPHETTA F. SCAT+ ae tenants in cc,.unon !u MT ieaher nllni e1w cntaeer. w I %iGn" E. LANDIS A%d VIRGINIA N, L.ANDIS. husband and wiir � f ,<hsiR oflAreWlsrwti: MiO SUhRRFY DRIVE BONITA SPRINGS. PL �3933 ia+ ferrralltvirhrVMMV Grantees' 9SH:31i•�'-n7z: 3P&-db-��]° N fYlia,r,.. ,.nf ir„w Ir w., -o.,..-..[ -hn.+� .xAS .0 dr nn.,, er x•. F.■,....,.i e. a.,.. ■.t ,... n.i .wrw. a a.a.s .,.i A ,,........,i ...•.,rests-.rwr Q lnvssrlf , Thar the pfn[or. for ■nd In eatulder.don of &w sum of S TEN A NOJJ 1DD midusher ,A-ble reR■IdeM hRlns, rr!Nrt ,.he+•af t, t,ercM• .sknar,ledard, herc6} Rrsna, Hhpfos ,rl6, .11ee,5 m-Jw • rctea,as, ronrers:nd,estif`rms unto she rhan[n. wll char ceru[n f•nd slrhuv In k POLL 1 £R Ceae�.F�c,td,,.{r _ Strap No. 001 D13 6000f2 The North J2 of thtr Cast 112 of the West 1h2 Of the SOWI— a8r 114 a{.,t Hortlll!*nt 1?4 at Soction 25. Township iA south. Range 2 F.itak,"le6s, the 5ast 30 trrt tar Felslir Rigl,t•o!•way, said lands 1'y .bf nq and zitsatvj in CeI2 ,.ev County, Floraia. E6I SUBJECT TO co, .--nL e9L11!•L141[E, eaanr.eyl.n ni retocda and iaxeE� for the curr*11 rnr:1 m u THIS 15 BEIND Re Ref. WED To PEPOM THIS It? Tax PROPER corny- d eh. r ee eYO aaltitMlaiy Stamp YAK . , ,r� fiery 1ep oh.nrt ee[hs. Lit {gt,rnY ' Y ." S ,_%y LIAfi •1G•' ny �k�' sek'a1._.._a1.,f]w. (h.nnv C+••h PlhsXAI erWeny Tax OLLI C YY CLERK qP COURTS �— .9Y �+ar<r4RCiflrr w[e]r .II ehe emu, he, theo aIn ny0x.iL + stirn■re ■p'.1 frhlnlL 0 �%rbr Artb tG �Mpih, [ht ■amr in f' mplrfffnhF�m.` �krth the Rnntur hereby cmisuina w4h mid as■ntteihae tbt erani 4 Ir.iullY ri-,l 4 r,i,r Isnd In fryt sltePlr:tberthe punrorhaa1�;wdright and lii fol■uchunryroull■ndeon midi■nd;hhuthe Rr.morhrrebvfully wennurheilrk ho mid hnd ■nd rill defend the mme ay■imt[hi L• rlrtm�ofh,il lt-rwnr.homrutrt ■nd thlr a,kd land f■ hi•t el dl rnenmb�nref, tfhrrPe WellaeeruinR t tlenr p Oerem 31• L9 dg O I ,�rt Pifaresl pilrrrof, thr mid p nso. hu aldnrd ■iid v4l-1 ildmt pr*mi the day and you Ont .how --n_ o 41f Sl¢hhrQ�, r. nd drtll.>rrrd� o rr,ce: ;K ¢• m9s MR R AR G a� TA ORT _ (TFAO SEPARATE .. 30)�. � STATE OF FLORIDA 4 COUNTY OF LEE , I HEREBY CERTIFY thatoe thisd■y, befog rde, as r.a h duly .�D ottua In the 3satr.lo[tasid ■nd Ln the Googly derrwld ro *+he.rkr o.u.dprrrrra. pe,.n yoy ed JAMES, PhRTRIDCH and LCIA99R D. PARTRI50K. Husband and Wit* 4nd eo f�sl 9NPHFTTA P, SCOTT_ as tenanLe in common ro ra,e kna,nr ra yo the perw.{rj dr,«fbed in .nd whe nnvxd dx lae=e[ua trrtruakahr sad they rr4na>rpd oriorc Inr dmr they —id d dw A— WIr7t ed and alHeial ■sal 1n d,e cQ&piv .nd 5— 6.t aln.d.[d ll . , A-V. L9 $ .Fr -- 44 y PPEPARED BYr DIAHA L. 140GUE Lo fi%ECUTIVLSI TITLE INSURANCE SERVICESt, INC. 4450BoniH4nita Beaeh Read, 6ui#• 3 .,ht►� Bonita springs, FL 33923 qurtnllte sn+t ar rwura v� stsrp�ru 9ciuu�ts,I �ih:�rea Packet Pg. 174 9.A.1.c o*e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierc❑unty:gooy (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 ID Number00191600006 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate JLM Living, LLC 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 said 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-un 'I the project is brought into compliance with all termsrc7ditions and safeguards of the planned unit develop e, ' Z . Owner Ciwnr-.. Jon Parlchik as Manager of Little Popper Ranch, LLC Shannon Pert&ik as manager of LKIn Popper Ranch, LLC Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The for i ,iyy� ument was acknowleged before me by means of [physical presence or❑online notarization this - day O 20 23 , by (printed name of owner or qualifier) I'k.9T(" Such person(s) Notary Public must check applicable box: ❑Are personally known to me „ ❑Has produced a_ urre driers license `"'! SHAFtONUMIIMIR ONas produce � 1 as identification, MY CofAkllsSidbl�Ii 4.20 35 'v' EXPIRES:Qaae�nbar4,20?5 (F I Ttcu NaWy Pubk UMG ruvrfters Notary 5ignat`ure: I `�1 a U M ca c m 2 Ln 0 co M O O 0 N N O N J IL c m t U 2 Q March 4, 2020 Page 8 of 11 Packet Pg. 175 9.A.1.c INSTR 5303511 OR 5305 DWIGHT E. BROCK, CLERK DOM 70 $1,295.00 REC CONS S185,000.00 PG 3751 E-RECORDED 8/19/2016 3:07 PM PAGES OF THE CIRCUIT COURT, COLLIER COUNTY Ft_ORTPA S18.50 EXHIBIT PYenared by and return to: Cheryl R Kraus Attorney at Law Cheryl R. Kraus, P.A. 1072 Goodlette Road Naples, FL 34102 239-261-7716 File Number: Pertchik4 . y Consideration: $185;t10, Parcel Identification No, 00 9160 005 '�_ISpwc Above This Line For Recording D4taj_ Warranty Deed (STATJORY FORM - SECTION 689.02, F.S.) l}/I This Indenture made this 18th day of An 1 Z016 between Joyce A. Landis, a single woman, individually and as Trustee of the Joyce A. Landis Revocable Tru t.datfti OU25/2016 whose post office address is 25250 Papillion Drive, Bonita Springs, FL 34135 of the County of Leek taig oE,Florida, grantor*, and Little Pepper Ranch, LLC, a Florida limited liability company whose post office addres .i$ 165 Sundance Street, Naples, FL 34120 of the County of Collier, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration thet►.ofTEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand pai¢y said -grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and granwbf s r and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: A tract 628 tying in Section 25, Township 48 South, Rarri�e�ti"�ast, Collier County, Florida, and being more particularly described as follows: A tract;lyin ln"Section 25, Township 48 South, Range 26 East, Collier County, Florida, and beinmo a particularly described as follows; Commencing at a concrete monument, being the I,'9z-ca+tter of said Section 25, thence N87- 49-16W, 655.73" along the centerline of Sundance Rd. (so called), an lheySouth line of the NE Y. or said Section 25 to the POINT OF BEGINNING of the hereinafter(deserPed bract A-t, said point being the S.E. corner of the E'/: of the W !x of the SE 'It of the NE'/.,Ro0cctiog25; thence continuing along the aforesaid centerline of Sundance Rd. and the South line of the. '!. f Section 25; N87-49- 17W, 327,67" to the S.W. corner of the E ''A of the W 1x of the S.E. '✓ ti the:E. 'r4 of Section 25; thence along a portion of the W. line of the E K of the W V3 of the S.E. '/4 Or a Jul. %. of Section 25, N00-16-06E, 682.23"; thence S87-54-19E, 328.43" to a point on the E. line af`tlie ' of the W % of the S.E. %. of the N.E. '/4 of Section 25; thence along a portion of the aforesaid E. lir , 500-19-00% 682.701, to the POINT OF BEGINNING. SUBJECT to a 30" wide easement fu"-public road Right -of --Way (Sundance Road), over and across the South 30" thereof. All recorded in OR 736, Page 516, ALSO SUBJECT to an easement over and across a part of the Westerly w, or aforementioned Tract A-L Said 10" wide easement extends from the North line or Sundance rid. to the North line of said Tract A-1, Said 10" wide easement being for public road Right -of -Way. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever, Subject to taxes for 2016 and subsequent years; zoning, building code and other use restrictions Imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record, if any. Double I iim-, Packet Pg. 176 9.A.1.c *** OR 5305 PG 3752 *** Grantor warrants that at the time of this conveyance, the subject property is not the homestead of the Grantor or the Grantor's spouse or minor children within the meaning set forth in the Constitution of the state or Florida, nor is it contiguous to or a part of homestead property, Grantor's residence and homestead is 25250 Papillion Drive, Bonita Springs, Florida 34135-8845. and said grantor does he.reVy fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Iraand "Grantce" orc used for singularor plural. as context requires. a In Witness Whereof, grantor h �h reunto set grantor's hand and seal the day and year first above written, Signed, scaled and delivered in our presence Witness Name: C_ j+kV.��k {C.P rA a A. Landis, Individually and as Trustee the Joyce A. Landis Revocable Trust dated 01/25/2016 Wiiness Name: State of Florida County of Collier, , 4 � The foregoing instrument was acknowledged before me this' .. dh of August, 2016 by Joyce A. Landis, Individually and as Trustee o the Joyce A. Landis Revocable Trust dated Ol2t,who [_] is personally known or [X] has produced a t 3 _� as identification.• ,� s '� v r [Notary Seal] Notary Public Printed Name: SttFF2 ft2p�CAW MY COMMISSION PE7fES; pprt8, 20 eUdaondnNab My Comm issiori x fires / r Warranty Deed (Saurr(rory Farm) - Page 2 pouble'rimeR- Packet Pg. 177 9.A.1.c Co Ter C;OUHty Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S25/T48/R26 STREET ADDRESS(ES) where applicable, if already assigned. 2661, 2691 and 2655 Sundance St PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. PUDZ (Planned Unit Development Rezone) CURRENT PROJECT NAME PROPOSED PROJECT NAME JLM Living East RPUD PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rcou ntyfl.gov Packet Pg. 178 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00190520005 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 179 Collier County Property Appraiser Property Aerial Site 12661 Parcel No 00191360002 Address SUNDANCE Site City NAPLES *Disclaimer ,ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341, *Note Packet Pg. 180 Collier County Property Appraiser Property Aerial Site 12691 Parcel No 00191400001 Address SUNDANCE Site City NAPLES *Disclaimer ,ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341, *Note Packet Pg. 181 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00191440003 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. CL Y V fC m C �L m ui O 00 M O O O N N O N J IL c m E z c� a Packet Pg. 182 Collier County Property Appraiser Property Aerial Site 2655 Parcel No 00191600005 Address SUNDANCE Site City NAPLES *Disclaimer ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341; *Note Packet Pg. 183 INSTR 4868960 OR 4947 PG 393 RECORDED 7/23/2013 9:23 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 Prepared by & Returto: G. Herbst . P.O. Box 10375 `< Naples, Florida 34101 Quit Claim Deed Made this 17th day of iny, 2013 by G. Herbst, a married man, whose address is P.O. Box 10375, Naples, FL 34101 (hereinadr elled the "Grantor"), to G. Herbst, as Trustee, or his successors in trust, under the H &,B-FANMY TRUST, a Florida Land Trust (hereinafter E referred to as "Grantee"), with full power anal authority to protect, conserve, sell, lease, as encumber, or otherwise to manage and ,dispose of the real property described herein as provided in Florida Statute 689.071, and whose &ffibe address is: P.O. Box 10375, Naples, FL 34101. o 00 (Whenever used herein the term "grantor" and. grant '$_include all the parties to this instrument and the o heirs, legal representatives and assigns of individyals of the successors and assigns of corporations) N N CD Witnesseth, that the grantor, for and in cosef*n of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations reeeipt whereof is hereby acknowledged, a. .does hereby remise, release, and quit claim unto the `gaittee forever, all the right, title, interest, claim dfid demand which the said grantor has in and to, all filtai certain land situate in Collier County, Florida, viz: i a The West one half (1/2) of the Northeast quarter (1/4) tad he Northeast quarter (1/4) of Section 25, Township 48 South, Range 26 East; subject to eXistig restrictions and m reservations of record; and less the North 100 feet previously nxeyed for highway c right-of-way, and less that portion as described in O.R. 3302, PAge; 3251. a Parcel Identification Number: 00190520005 _ Together with all the tenements, hereditaments and appurtenances thei too gtng or M in anywise appertaining. g CD To Have and to Hold, the same together with all and singular the appurtenances thereunto J belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity a and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the said grantee forever. E In Witness Whereof, the said grantor has signed and sealed these presents the day and Q year first above written. Packet Pg. 184 *** OR 4947 PG 394 *** and delivered in our presence: Witness v - Printed Name: �� V-r*—A Witness Printed Name: State of Florida County of Collier The foregoing instrument was acknowledgd G. Herbst, who is ( ) personally known to m4 identification. [Notary Seal] N Printed N thisi—j— day of July 2013, by has produced a driver's license as My Commission =myC"M �� Quit Claim Deed- Page 2 CL Y V m a� c m 2 LO O co co O O O N N O N J CL Y E U M \I Packet Pg. 185 • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION 3192696 OR: 3302 PG: 3248 RICORDID In OPPICIAL RICORDS of COLLIIR COUM , IL 05/30/2003 at 08:22AK MIGHT I. BIOCI, CLIII "C M 33.00 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida,' vs. ROW CIVIL Case No.: 02-5138-CA Parcel Nos.: 113, 125, 127, 128 G. HERBST, et al., - Pied in 0 n Co Respondeps. 8Y o.c. ORDER OF TAKING THIS CAUSE coming on to be he d ! y)his Court, and it appearing that proper notice was first given to all Respondents and to all interest in or to the real property described in Court for an Order of Taking, and the Court being fi it is, therefore, ORDERED and ADJUDGED that: 1. hereof. 2. or claiming any equity, lien, title or other that the Petitioner would apply to this This Court has jurisdiction of this cause, the in the premises, upon consideration, and the subject matter The pleadings in this cause are sufficient and the Petitioner is YF delegated authority. y exercising its 3. That the property is being acquired for a public purpose. 4. That the taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. Packet Pg. 186 0 0 OR; 3302 PG; 32 5. That the Amended Declaration of Taking and Estimate of Value filed in this cause by Petitioner was made in good faith and based upon a valid appraisal. 6. Upon payment of the Estimate of Value as contained in the Amended Declaration of Taking, hereinafter specified into the Registry of this Court, the right, title or interest described in Exhibit "A" attachedheretoand made a part hereof by reference shall vest in Petitioner, COLLIER COUNTY, FLOR Dk. 7. Wikn t ven y days of this order. Petitioner shall deposit into the Court Registry the amount of One Hundred Thirty -Seven Thousand One Hundred and No/100 Dollars ($137,100.00) as the good faith estnate of value as set forth in Petitioner's Amended Declaration of Taking for the following pares� Parcel Parcel 113 Fee Simple Parcel 125 Fee Simple Parcel 127 Fee Simple Parcel 128 Fee Simple 8. That the deposit of money will Good Faith Estimate $ 72,000 S 13,500 S 25.500 $ 26, l W lawfully entitled to the compensation that will be ultimately determined by final judgment thi� court. 9. That upon deposit, as set forth above, and without � er',,notice or order of this Court, Petitioner shal I be entitled to possession of the property described _erefn. DONF, AND ORDERED in Chambers at Naples, Collier County Fl9rida, on this /d day of May, 2003. HuqKbAAv9s,,4FREUIT COURT JUDGE Q. m as x 0 O 00 M O O 0 N N O N J IL d E s R a Packet Pg. 187 0 OR: 3302 PG; 32 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to all persons listed below on this c7 ;�day of May, 2003. 5 L ce l CX��i o �G. Herbst 1061 Logan Blvd. S. Naples, FL 34116 Gregory S. Rix, Esquire BRIGHAM MOORE. LLP One Tampa City Center. Suite 3410 Tampa, FL 33602 Kenneth Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 J SERVICE LIST 2 N w y W C J J C 'Collier County Tax Collector c/o E. Glenn Tucker, Esquire RHODES & TUCKER a P. O. Box 887 a Marco Island, FL 34146 'IL"W O ►e"�Heidi F. Ashton, Esquire '� co CD OFFICE OF THE COUNTY ATTORNEY ,Harmon Turner Building 04 N 33?l'East Tamiami Trail 04 J 94les FL 34112 a. M M M W N Q 7 V d 2 O co M O O O N N O N J a r d a Packet Pg. 188 r j _NORTH LINE OF SECTION 25 ZOKALEE ROAD AB 4 a W:W OJL 731, Pa. 510 Notes: 1. This Is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: OR: 3302 PG: 3251 N FEE SIMPLE INTEREST i NOT TO SCALE 0 0� 4 W,. The Northerly 79.01 feet, of the West 1 /2. of the Northeast 1 /4, of the Northeast 1 /4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAVIO l M. P. THE FIRM) granted for highway right—of-way. Containing 1.197 FLA. LIC. No. 58 acres more or less. NOT VALID WITHATTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & %%C ASSOCIATES INC. IIIIIIIII ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L135770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW 00-018—OO.DWG DATE SHEET FB PG CHECKED BY OWO. NO. 10/01 1 OF 1 DJH IR—L— M rn N c Y U m rn c .m a� LO 0 0 M 0 0 0 N N 0 N J a. c a� E t a Packet Pg. 189 J r • __NMOKALEE _ROAD S.R. 846 1 i Sir / /_. N � 81 i 340 Z uj- -J �Q Z3 to • ::.:__. In I," r®r, 0 Q �00) Q00 U � � � 0 m Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservat restrictions of record. DESCRIPTION: The Northerly 78.38 feet, of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Colder County, Florida. Containing 0.225 acre' more or lees. AS NOTED N OR: 3302 G: 3252 FEE SIMPLE INTEREST 661%iii 0 50 100 150 unnu J. nTt, P� (FOR THE FIRM) FLA. UC. N W4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VVkWSSOCA TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSSEE NO. L85770 iU8 W.O. NO. DRAWN BY FILE NAME 1/27 0014.1 EAW 00-018—OO.DWG T FB PG CHECKED BY nVia un T f6 N O 7Z o: N W C J 2 J C N E C N E Q a C7 v o 0 M O O O N N O N J a M M M W N C. 7 Y U m d x LO O 0 M O 0 O N N 0 N J a. c a� E Q REVISED 4/25/02 10/01 1 1 OF 1 DJH IR—L-125 Packet Pg. 190 ,r F'I L �9.A.1.c E1RIfto-Ss dIBIT� F100' R/W IMMOKALEE ROAD S.R. 840 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Sub)ect to easements, reservations and restrictions of record. DESCRIPTION: The Northerly aa.20 feet, of the West 150' feet of the East 1/2, of the North 1/2 of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4. less the North 100 feet, previously dedicated for road Hyhtaway, Sectlon 30, Township 4a South, Range 27 East, Colller County, Florida. Containing 0.304 acres more or lesi. AS NOTED FEE affif .E INTEREST N OR; 3302 PG; 325 60%ii� 0 50 100 15( ZL5s a DAVID J. HY FTTHE . FOR THE FIRM) FLA. UC. N NOT VAUD WITH SIGNATURE AND THE OMINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VVkWILKISON IIAES ENGINEERS, SURVEYORS AND PWVNE• 353 6 EXCHANGE AVE. NAPLES. F1A. 34104 (941 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L85770 'UB W.O. NO. fCHEO(EDBOY N Y FlLE NAME /27 0014.1 W 00-018—OO.DWG :T FB PG DM N0. CL z Y U R m C d 2 LO 0 0 M O 0 0 N N O N J a. c d E t ci m Q 10/01 1 OF 1 DJH IR—L-121 Packet Pg. 191 r 100' R/W J�RTH LINE O - SECTION 30 __jyMOKALEE ROAD _ S.R. 846 EXCEPTION 150. 0' 30.00, " 4 O Ok NOT TO SCALE: OR; 3302 NG; 3254 FEE SIMPLE INTEREST 0 50 100 150 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of DESCRIPTION: The Northerly 88,20 feet of the East One Half, of the ' North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less the North 100' feet rightofw0y, less the East 30' feet Do J. H , P. FOR THE FIRM) thereof for egress and ingrtss, and the West 150' feet FLA. LIC. No. as3 thereof. Section 30, Township 48 South, Range 27 NOT VALID WITHOUT THE SIGNATURE AND East, Collier County, Florida. Containing 0.287 acres THE ORIGINAL RAISED SEAL OF A FLORIDA more or lose. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 AN EXCHGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) W-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC a W.O. NO. DRAWN BY FILE NAME AS NOTED 29/48/27 0014.1 EAW 00-018—OO.DWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH I M M rn 0 N C. 7 Y U m C m x LO 0 0 M 0 0 0 N N O N J a. c E a Packet Pg. 192 J r COttlER COUNTY RE-CADED .. _ This ptrranty Preb aesde the � day of Dece-:be_ A.D. 19, g by JAMES PARTRIDGE and LOREEN D. PARTRID-E. Hu=hand and Wi:� an,i ORPHETTA P. SCOTT. as tenant S in cC±;z-:on nafter called the grantor, to �e+IGIi E. I.AIrDIS aced VTRGII.I3 M. L N91S. .._si 2nd. and whose t office address is_ 11368 SUNRAY DRIVE BO�NI`i'A SPRINGS. FL 33a2- � I h � ftetcalled the grantee_ Grantees' SSN 314-42-6; 32' 306--16-9 f 2 9 1 t 1r'Fgr . —d t-- ,iY �rti, -t ^=.Y a.•.i - •es^ —fair >➢ d: t.riie. ro d— ,. x� . l rd c4 1— SKa1 av a _ ci ��i.. 4 s:�Ytu�. ­4 a.vC-s cf r.TR !'aa7 { Unrssrth: That the grantor, for and in consideration of the sum of $ T, Era h [iOi _po and other valuable considerations, receipt whereof is hereby acknowledged, hereby gtants, bargains, sells, aliens, remises, releascs, conteys'a"nd total rms unto the grantee, all that certain land situate in COLLIER County, Flonda,-+ Strap No. 001 913 6000/= The Nor fh / 2 0_ t:,> East 1 2 of the West ? th e Sou- .eaS lea of.t, *Northeast I/' of Section 25. To;;nsn1P 48 south. Range Zit ast.. 31,,'he EH-' - =eei _ol Fubl-Rial:?. of —Way Baia la±ia i ,bra❑ a c s:tua*• I Ce? _ =e County . n_otii=- SUBJECT TO co1itarit. bests , ct.i ons . easetr.e_±l s ar records and taSes� for the current ea,r. THIS IS BEING RE-RECO ED T0.R1 Donmr­",y Tar Pd_ i _ lnEangb'o Ufa P �z CHARL±E GREEN/, LEE COUNTY THIS IN THE PROPER COUNTY. N 3 noCurttentary Stamp Tax ChSS "C" lnlanrible W Personal Property Tax CiD lTY CLERK OF COURTS Zogrt4rr with all the tenements, hered men an appertaining. t WIC anb to X01b, the same in f' ample for, ':Nnd the grantor hereby covenants With said gran that-rb simple; that the grantor has good right and lawful authority to sell and warrants the tide to said land and will defend the same against the ,l�`a,�u° said land is free of all encumbrances, except taxes accruing sub' u (In Pitnrss 94vrrof, the said grantor has signed a above written. Si nd delis red ' our %sonde: thereto belonging or in anywise lawfully seized of said land in fre land; that the grantor hereby fully all persons whomsoever; and that nb 31, 19 g 9 the day and year first I r i E Q a /2 V Q 00 M O O O N N Q N J a CA t0 N M c.i m Q O Q 00 M MES PARTRIi� � ES Q .N ART G Q ® N 0 R P TTA P- SCOT (TWO SEPARATE WITNESSES REQUIRED) J STATE OF FLORIDA d COUNTY OF LEE f I HEREBY CERTIFY that on this day, before eaan off duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, Personally a ' red t JAMES PARTRIDGE and LOREEN D. PARTRIDGE, Husband and Wife and rt t Q) ORPHETTA P. SCOTT, as tenants in coaffrion to me known to be the person(s) described in and who executed the foregoing insttumenr and they V acknowledged before me that they executed the same. WI7Tffi�6 pd and official seal in the Copaty and State last aforesaid this 1 }� " ' day of ' A.D. 19 _ ` II 1,•,t�ti \�P 1 PREPARED BY: t D I ANA L . HOGUE LO EXECUTIVE TITLE INSURANCE Nodr7Public SERVICES, INC. 4450 Bonita Beach Road, Suite 3 Packet Pg. 193 Bonita Springs, FL 33923 h;ta=,r P".1t State cr }IY cLF.�.IEsHh T_1'. S-i INSTR 6258394 OR 6132 PG 978 E—RECORDED 5/26/2022 9:12 AM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 INDx $1.00 CONS $10.00 9.A.1.c Prepared by and return to: Zalman Cole, Esq. Law Office of Conrad Willkomm, P.A. 3201 Tamiami Trail Nor14, Second Floor Naples, FL 34103 239-262-5303 File Number: 22D.0900 Parcel Identification No.`40001 Above This Line For Recording -_ Warranty Deed +� ATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 19' day ' f 1 2, between Edward Dinova a/k/a Edward Arthur Dinova, a married man joined by his spouse Agnes Brown Di'ovajhose post office address is 2691 Sundance Street, Naples, FL 34120, of the County of Collier, State of Florida, gra'totc Edward Arthur Dinova and Agnes Brown Dinova, husband and wife, whose post office address is 2691 Sun danr'et, Naples, FL 34120, of the County of Collier, State of Florida, grantee*, .,s Witnesseth that said grantor, for and in consideration' ��i ,,sum of TEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand p'' hy`l i grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grata s heii nd assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: The North Half of the West half of the West Half of tS 4east Quarter of the Northeast Quarter of Section 25, Township 48 South, Range 26 East, said i s f ate lying and being in Collier County, Florida, per Deed recorded in OR Book 2260, Page 027' , ti(i ecords of Collier County, Florida. This deed has been prepared without benefit of title searchnor a amination. and said grantor does hereby fully warrant the title to said land, and will de end the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as ell *Intentionally Left Blank* Packet Pg. 194 *** OR 6132 PG 979 *** 9.A.1.c In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. S Witness #1 Name: Witness #2 Name: State of Florida County of Collier The foregoing instrument was acknowledged before me by day of May, 2022 by Edward Arthur Dinova and Agnes B L - as identification [Notary Seal] EM ESIREE'A.BOISSIEREry Public - State of Floridammission p GG 906041mm. Expires Dec 17, 2023ough National Notary Assn. Warranty Deed (Statutory Form) - Page 2 Affjeo�, v (Seal) Edward Arthur Dinova Aw On } (Seal) Ag Brown Din6va physical presence or L] online notarization, this 191 ,who [j are personally known or [have produced i Notary Public "7 r Printed Name: My Commission Ea Packet Pg. 195 *** INSTR 4367563 OR 4513 PG 1991 RECORDED 11/30/2009 3:09 PM PAGES 1 *** DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $10.00 CONS $0.00 9.A.1.c This Instrument Prepared By Jana Jay Malen, Esq. P.O. Box 308 Naples, FL 34106 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this f9 ?' day o i , 2009 by Jill Eleanor House,, Ofygrced woman, first party, to Gerald Wil Ho e and Justin House, whose post office ad' r6ss '2914 Randall Circle, Naples, FL 34104, second party WITNES�9!ETH, that the said first party, for and in consideration of the sum of $10.00 OGV, in hand paid by t said second party, the receipt of which is hereby acknowledged, does hereby remise, release and.qut-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate,, ly g and being in the County of Collier, State of Florida, to wit: E South '/z of West '/z of Wei" , zOf SE %4 of NE'/4 S 25 T48S R 26E Parcel #00191440003 TO HAVE AND TO HOLD thereunto belonging or in anywise appertatn n' and and claim whatsoever of the said first party eithez`n and behoof of the second party forever., , IN WITNESS WHEREOF, the said first'rh day and year first above written. Signed, sealed and delivered in the presence,( ZJ M4,� '� cal nr-s,- L P ' ted Name Of 'tness �j��j tness Printed Name bf Witness -r with all and singular the appurtenances all the estate, right, title, interest, lien, equity law or equity, to the only proper use, benefit signed and sealed these presents the HOUSE STATE OF FLORIDA 4r ,. COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jill Eleanor House, who is personally known by me or who provided identification in the form of , an w o acknowledged before me that s/he executed the same, in the County and State first aforesaid this c?S� day of July, 2009. �- NOTARY PUBLIC roeµ r vua� I AURA L PATNEIIU PrinteJ�oMYlf� {seal) EXPIRES: Ju�y 13i 1� �f�lFfK Rio~ BMMTlru Budget"sffi" o) CD o) to Packet Pg. 196 INSTR 5303511 OR 5305 PG 3751 E—RECORDED 8/19/2016 3:07 PM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $1,295.00 REC $18.50 CONS $185,000.00 9.A.1.c Prepared by and return to: Cheryl R Kraus Attorney at Law Cheryl R. Kraus, P.A. 1072 Goodlette Road Naples, FL 34102 239-261-7716 File Number: Pertc�`bi�k-�li Consideration: $185�74 '' Parcel Identification No. Above This Line For Recording ti Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 18th day of At Trustee of the Joyce A. Landis Revocable ' Bonita Springs, FL 34135 of the County of limited liability company whose post office State of Florida, grantee*, Witnesseth that said grantor, for and in consideratiori` good and valuable considerations to said grantor in hand 1 has granted, bargained, and sold to the said grantee, and situate, lying and being in Collier County, Florida, to -wit: between Joyce A. Landis, a single woman, individually and as 101/25/2016 whose post office address is 25250 Papillion Drive, if Florida, grantor*, and Little Pepper Ranch, LLC, a Florida 5�'undance Street, Naples, FL 34120 of the County of Collier, of TEN AND NO/100 DOLLARS ($10.00) and other kgrantee, the receipt whereof is hereby acknowledged, and assigns forever, the following described land, A tract 628 lying in Section 25, Township 48 South, RaeEast, Collier County, Florida, and being more particularly described as follows: A trac'.0-_ in rat, Section 25, Township 48 South, Range 26 East, Collier County, Florida, and benjtiq'e particularly described as follows: Commencing at a concrete monument, being the Eer of said Section 25, thence N87- 49-16W, 655.73" along the centerline of Sundance Rd. (so called),.an a South line of the NE '/4 of said Section 25 to the POINT OF BEGINNING of the hereinafter% 'esuried Tract A-1, said point being the S.E. corner of the E '/: of the W '/z of the SE '/4 of the NE'V,;6 ,ectto 25; thence continuing along the aforesaid centerline of Sundance Rd. and the South line of thek , f Section 25; N87-49- 17W, 327.87" to the S.W. corner of the E '/z of the W '/z of the S.E. ''/4>. o 4 X '/4 of Section 25; thence along a portion of the W. line of the E'/� of the W '/: of the S.E. e�A '/4 of Section 25, N00-16-06E, 682.23"; thence 587-54-19E, 328.43" to a point on the E. line"o�'tlje. of the W '/z of the S.E. '/4 of the N.E. '/4 of Section 25; thence along a portion of the aforesaid E. #it , ,SOO-19-OOW, 682.70" to the POINT OF BEGINNING. SUBJECT to a 30" wide easement' Vublic road Right -of -Way (Sundance Road), over and across the South 30" thereof. All recor`' ed in OR 736, Page 516. ALSO SUBJECT to an easement over and across a part of the Westerly 10" of aforementioned Tract A-1. Said I0" wide easement extends from the North line of Sundance Rd. to the North line of said Tract A-l. Said 10" wide easement being for public road Right -of -Way. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. Subject to taxes for 2016 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record, if any. DoubleTimeo Packet Pg. 197 *** OR 5305 PG 3752 *** 9.A.1.c Grantor warrants that at the time of this conveyance, the subject property is not the homestead of the Grantor or the Grantor's spouse or minor children within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead is 25250 Papillion Drive, Bonita Springs, Florida 34135-8845. and said grantor whomsoever. In Witness Whereof, warrant the title to said land, and will defend the same against lawful claims of all persons p rantor" and "Grantee" are used for singular or plural, as context requires. Signed, sealed and delivered in our Witness Name: C 14iMtJL K Z<;24- Witness Name: State of Florida County of Collier set grantor's hand and seal the day and year first above written. ce A. Landis, Individually and as Trustee the Joyce A. Landis Revocable Trust dated 01/25/2016 The foregoing instrument was acknowledged before me this`,110- of August, 2016 by Joyce A. Landis, Individually and as Trustee of the Joyce A. Landis Revocable Trust dated 01/ >2 ;who [_] is personally known or [X] has produced Dt-/ Pf 5 as identification. ;r [Notary Seal] Printed Name: 651'`y RSECCASLAPP My Comm *; MY COMMISSION Y FF224329 , ' EXPIRES: A nl 26, 2019 ....°= P °;,` . Bonded Thru Notary Public Underwrite,, Warranty Deed (Statutory Form) - Page 2 DoubleTimez; Packet Pg. 198 i!g ��'� � -4 1 to N Hi €-5a 4zWa II �F. 4�kr=s�k�a $a4 � z a LL ��5_>a sgs p zoo a a' � kki• Q U a "€3y-akg-\s a €Q = �Qo a y3 _ ���=tp,a"kkk� z vi 90 . 9 a"s.aaaa iaa aR �� ak a . _aaaaa.enn m O U lilt" N T� 3 \\ C . _ a ny p a 'O C7 s Q A a F7 MINN. o®®-mj4...®mo®sm7}® : as 5ia5�88QSQQ®..9 ea B Y $$ §§ QSg !� 1 FPm � lol iwa ��n3 nua nw a 4 � d Z 30 Z133HS 338 ❑ w�� � wy �'2111 r7 �QQeeaQQ €G €dd0sa=:€ gg 10 425 i I8 §gt 8 O ZN>LL 9.A.1.c 404045 ORUIHANCF; NO.-X'�J8 'lGF 21 AN ORDINANCE AMENDING ORVINAi1C9 NO. 74-42 & NO. 75-24 RnX0VINi= .SPI'CIAL RECULATIO14S FOR (ST) AREAS OF ENVIRONMENTAL SENSITIV.1'" ON PROPERTIES 11EREIN- AFTER DESCRIHLD IN TOWNSHIP 40 SOUTH, RANGES 25 EAST, 2r: TOWNSHIP 49 SOUTH, RANGES 25 EAST, v ♦ �1 26 ET''.• 'OM'SHIP 50 SOUTH, RAt4dE3 25 EAST, 26 BAST; TOwi,:-tLP Sl SOUTH, RKNORS ifi EASTF ABDIRG A SPECIAL °j REGULATIONS FOR'(ST) AREAS OF ENVIRONMENTAL SENSITIVITY ON PROPERTY HEREINAFTER DESCRXBED IN TOWNSHIP 46 SOUTH, MANCES 25 EAST, 26 EAST; TOWNSHIP 49 SOUTH, RANGES 25 Ot i EAST, 26 EASTS TO%MSHIP 50 SOUTH, RANGES 25 EAST, 26 " o+y F.ASTF TOWNSHIP 51 SOUTH, RANGE 26 EAST AND PROVIDING r5 AN EFFECTIVE DATES W11RRhAS, THY COASTAL AREA PLANNING COMMISSION OF COI,LISR COUNTY, FLORIDA# PETITIONED THY, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO A2-W.?40 THE AREAS OF ENVIRONMENTAL SENSITIVITY (ST) AS HRREINAFTER DESCRI)IED. NOW, THEREFORE HE IT ORDAINED BY TH4 HOARD OF COUNTY COMMISSIONERS OF COLLIY:R COUNTY, FLORIDA. SECTION ONE- 1. The Areas of Environmental Sensitivity (ST) are adjusted as hereinafter described and the Official Zoning Atlas deacribed in ordinance No. 74--42 and 75-24 is hereby amended accordingly; The following hereinbelow described properties are to he removed from "ST" Special Treatment Area of Enrivonmental Sensitivityi Commencing at the Northwest corner of -Section 5, Township 48 South, Racier 25. East run South 501.to P.O.R. East 4001, South 220', East 960t, South 0633tE 3501 South 300331 East for 346.41, South 59027t West for 10501, South 7901, East 20401, South 30601 to South line of said section, West 27601 along said section line, north 521.0' along West line of said section to P.Q.B. Commencing at the Northwest corner of Section 8, Township 4$ South, Range 2S East, as P.o.B.' Run East 17601 along North line of said section, South 1380t East 7001, South 2680:•, East 680t•p Sou 125,1, West 41701, along South line of said section, o', along West line of said section to P.0-t1% 4�. 4 - � Cav=ncing at Northwest corner of Section•9, Township Sovxh�' nge " 25 East, run Sofith1280t along West line of said sects E �OOt`to' P.O.B. East 8101, South 140t, East 300', South 1251, t20, Muth '. Ff:s 3004, West 4751, South 1501, went 8501,.North 700' tow o.Hw rM. ..:..:-...Commencing at northwest corner of. Section 10, TownshiW is ALth, :',`_• Range 25 East, run Seat 90o', along Worth section line tv P_0.8. East 1790' South 221000 Southwest 1690' parallel to and at w ➢ distance of 3701 from present US-41, West 675', earth 1100** sue- hest 250', North 504', west°375', North 6704, East 160t. North `f 4401, Fiat 3701, North 9401 to P.O.B. ski; .� � iY' • � � Order: 5836135 Page 1 of 28 Requested Doc: FLCOLL:638-00321 bsUohn, Printed: 1/2012022 2:52 PM Packet Pg. 201 9.A.1.c R � [ w ■ 8 � �!8! Commencing at the Southeast vu, for of Section 10, Towntitjxp 48 South, t Ha25 Fast, run north 310' Hest 400', South 3101, East 400', to P.Q.Ii'.: . ; . I![ 638 PoF 22 Commencing aL Southwest corner of Section 11, Township 48 South, hang! 25 Enst, run North 250', L•nrst 400', North 1201, East 1501, North 6001, East 6001, South 650", East 250', South 380', Wrist 1400 along section line to P.O.H. Commencing at Northwest corner of Section 11, 'township 48 South, Range 25 East run Fast 1150' to P.O.B. E 12501, South 13001, East 2004, South 300', bast 3501, South 2501, East r201, North 2201, Bast 5301, South 1501, East 2701,8auth 4001, Fast 1001, South 17001, West 7301, . south 200', Hest 620', North 450', East 3001, North 960', West 2701, North 5501, West 660', North 2201, Nest 150', North 1501, ►pest 150'r North 2001, West 2201, North 1801, West 1601, North 6001, West 660'. North 780' to P.O.B. Commencing at Southwest corner of Section 12, Township 48 South, Range' 25 East, run North 132V , East 250' to P.0,b. North 95W , East 11008, South 9501, best 1100' to P.O.B. . Commencing at Southeast corner of Section 12, Township 48 South, Range 25 Bast, run Rent 15001, aionq South section line, North 660: to P.O_3 West 660', North 220', West 2001, North 6601, East 850', South 9501, to P.0.n. , Commencing at"Southeast corner of Section 12, Township 48 South, Range 25 East, run North 950', West 300' to Y.O.B. West 66011■ North 5001, East 6601, South 500' to F.D.B. Co-manc-Ing at Northeast corner of'Seetion • n 12, Township 48 South, Range; 25 Bast, run south 18504 to P.O.B. Nest 701, South I001, West 1201, South 850', East 2201, North 1501, East 701, North 8201 to P.O.B. Commencing at Northwest corner of Section 14$ Township 48 South. Range 25 East, run East 14501, South 150', West 10001 South 2$010 West 310t, South 6801, East 3001, South 590', West 3000, South 544'; Crest 1201, North 23001, along West line of said P.O.H. Commencing at Northeast corner of Section; 15, Township 48 8outh, AanyR; 25 East, run Most 330', South 290', west 420', South 890',. last 340', ` South 4401, East 1901, South 1701, West 185', South 130s, fleet 1000, South 170'-, West 3501, South 11301, Nest 3001, South 5902, last 670`, North 9901, ?Bast 3501, North 4001, East 140' North 2420' to P.D.B> Commencing at Southeast corner of Section 15,'Township 48 Soutn, Range 25 East, run West along South section line 2650' to P.O.B. North 2301, West 1340:,,South 2301, East 1340' to P.C.A. Commencing at Northeast corner of Section 21, Township 48 6•2uth,•• Range 25 East, run South 6501, West 200', to P.O.B. Went 4'10', North 660',-West 4830' along the north line of said section, South 20301, East 27301, South 1180', East 10361, North 14701, 75Q'in an easterly direction alagg-bulkhead line as recorded in 8iikhead Line Plat Book 1, Page 16■ East 250', North 701, East 6701, *forth 11609 toltp.0_R. Commencing at Northeast corner df Section 22, Township 48 8onth, Range 25 East, run South 5851, thence run Neat 2635', thence run North 340','thence run 'feet 1350', thence run Pouth 370r, thence run ?lest 2900, thence run South 6801, thence run Xart 6704, thence run South 31W , thence run Pant 670', thence run South 36n'■ th�eVA= run East 7001■ thence run South 3601, thence run,East 4001, thence. run South 15601,-along the westerly right-of-way'lins of SewAo&zf Coastline Railroad,tthence ?run West 3001, thence run North 6001 1 thence run ?lest 970',' then* zun North 320', then run (lest 760.1, . thence run North 380'-, thence run West 3801, thence can Worth 390+0 thence run Heat 2701, thence run North 3601, thence run Hest 160', thence run North 390', thence run along the North b*undary of Palm River Shores (Plat Book 3--27) to west line of said section, thence run North 10401, thence run East 280`, thence run North 650' thence run East 4990' along North line of said section to P.C.B. f Q 3 Y i V � m R d 2 Ln O co M O O O N 04 N J a c V R Y 4• Q Order: 5836135 Page 2 of 28 Doc: FLCOLL:638-00021 Requested By: ibstlohn, Printed: 1 2II 2022 2:52 PM Packet Pg. 202 Order: 5836135 Page 2 of 28 Doc: FLCOLL:638-00021 Requested By: ibstlohn, Printed: 1 2II 2022 2:52 PM Packet Pg. 202 9.A.1.c f !.06fIF k � if f 638 23 c0 PAGE- Commnlici.ng at NorLhwest corner. of Section 25,rownship 48 South, > Runge 25 Nast, run Eagt. 5101, South 1601 to P.O.D. Batt 500 South 2801, East 3701, South 4101, West 3501. Nurth 1901, wont � 5201, North 5101.to P.O.B. Commencing at the Northeast corner of Section 26, 'township 48 � South, Runge 25 East, run South 380', Best 150', to P.O.H. run N South 130', West 1210', North 1050', East 8901, South'130', East d 330' to P.O.H. 0' Commencing at Southeast corner of section 26, Township 48 South Range 25 East, run West 18001, North 8701; to Y.O.B. West 8901 LU �iorth 630', East 090', South 6301, to P.O.B. � [ C Commencing at Southwest corner of S€ction 27, Township 48 South, > Range 25 East, run North 13001, East 500' to P.O.B. North 17001, J East 1160', South 1.700', ;test iloo' to P.O.B. J Commenting at Southeast corner of Section 34, Township 48 South, Range 25 East, run North 16001,-West 1401, North 3801, West 1501, } North 400', West 340', South 9001, East 1001, South 5404, $ast C 100t■ South 320', 'East 1501, South 5801, Fast 2501, to P.O.fa. Commencing at Southeast corner of Section 35, Township 48 South, Range 25 East, run West 100', F.G.B. North $201, West 150', North d 2601,Wgst 1501, North 1901, West 6301, South 5701, East 2501, South 19.01, Bast 1901, South 2001, East 200', South 190', East 180', South Q 1001, East 160, to P.O.B. IL IL Commencing at Southwest corner of Section 35,'Township 48 South, (D Range 25 East, run North 16201, East 130', South 4101, East 5201; South 1901, Eant 720', South 10351, West 1320' to P.O.B. o 00 commencing, at Northeast corner of &cation 1, Township 49 South, Range o ;. 25 East, run South 22201, to P.O.B. West 140', South 5901, East 740', c North 5901, to P.O.B. N Commencing at Northwest corner of Section 2, Township 49 South, Range ;. N 25 Bant run East 13001, south 5601, West 380', South 2301, West 190", J South 1630', East 1101, South 10801, East 5301, South 35o', Rant. 4fl0e,,:. a South 390', Rest 500', South 120', best 59011, North 3101, Went 220',' North 16201, West 150', North 1680', west 280•, North 5401, P.C.B. � Commencing at Southwest corner of Section 12, Township 49 South, N Range 25 East, run East 1001, North 720', to P.O.B. East 750', soutk pqQ', East ggQQ', Forth 6501, East 13II'} , North 900', We 200'south 190' Q ND=! Heat South 490t , West 2401. North 490'■ West 380', South 7 114' , Hest 32:1;, South 3202, West 1501, South 570' to P,O.B.' V Commencing at southwest corner oZ soctf.on. 13, Totli_i1t;,7 49 south, Range'' m 25 Fast, run East 790' to P.O.B. North 4801, West 4001, north 4104 a1 West 2601, to right-af-way S-31, North 390', along East right-of:zz line S-31, East 500', North 2701, East 3301, North 3001, East 5201,.::: North 1701, East 4001, North 5101, Bast 150', North 3501, East 600', m South 4701, East 0401, South 13001, West 7201, South 4700, hest _ 9201, South 5001, west 3401, South 501, West 7801 i along South line Un F'. of said'saction to P.O.B. conmtencing at Southwest corner of Section.14, Township 49 South, 'r 00 c Range 25 East, run North 550' to 11.0.0.•East 801, Worth 71094p $act. o 150', North 1906, East 600', Sofzth 801, East 970', North'120;, N Nast 9001, North 1101, Nest 8001, South 90`, West 1301, South 950", o along West line of said section to P.O.B. J ,,) Commencing at Sottkhoant corner of Section 15i Township 49 South, a ? Range 25 East, run Morth.20' to P.O.B. West 10201, North 701, #' Ust 470', North 6901, Bast 1501, North 3001, East 150', north 320', y Last 2601, booth 1390' to P.O.B. E t U M Q Order: 5836135 Page 3 of 28 Requested By: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:538-00021 Packet Pg. 203 9.A.1.c AM W. 638 PAGE Z4 Comme'neinq at Northeast turner of Section 22., Township 49 South, Range•. 25 HaO., run West 10201, South 2.401, Pant 3701, South 4101, XscL 300', South 2501, Edit 1001, South 746', West 2801, South 1290" Wctst 14601, South 8341,-West 3501, South 530', Bast 2801, � South 1501, taut 990', South 3201, East 6604,' South 440%, East 5501, North shiny Kent unction line to i'.O.n. Commencing e►t 8outhoast corner of Section 22, Township 49 South, Range 25ie►Ht■ run West 13101, North 20' to P.O.H. North 1401, West 340', South 60', West 220', South 801, East 560, to P.O.B. Commencing at Northwest corner of Section 24, Township 49 South, Range 25 Bast, run Sant 7901, to P.c,B. South 3401, East 7901, North 3401, west 700' to P.o.B. Commencing at Southeast corner of Section 25. p{ownship 49 South, Range 25 Past, run North 3301, Nest 70C', to P.O.R. North 5601, West 170', North 120', Hest 3301, North 1201, West 2601, Uorth 1801, West 3201, North 3001, West 3201, South 7401, nest 580', South 850', East 2000' to Y.O.B. Commencing at Northwent corner of Section 26. Township 49 South, Range 25 East, run E:aut 3201, South 11201. East 790', South 6201, West 2401, South 790', went 500', south 10201, West 400', North along West line of said section to P.O.D. Commencing at Southwest corner of Section 25, Township 49 South, Range 25 East, run East 12001, North 2380' to P.O.B. North 2204, East 3301, South 2201, West 330' to P.U.B. Commencing at Northeast corner of Section 26, Township 49 South, Range 25 East, run hest 13401, South 701, to P.G.B. west 5901, South 2501,-Went 620', South 4501, East 750', South 2401, East 4601, North 9401, to P.O.B. Commencing at Northeast corner of Section 27, Township 49 South. Range 25 East, run South 30' to P.O.B. West 9601, South 7300i East•1201, South 2601, East 2001, South 4001, East 1701, South ' 920',-West 1401, South 14901, West 1901, South 3901, Rest 2504, South 10501, West 2801, South 801, East 10301, North 2001, Sast 1001, North 4801, East 1801, North 2001, East 150', North 130', East 901, North 42401, along East section line to P.O.S. Commencing at Northeast corner of Section 27, Township 49 South, Range 25 Aast run West 13601to P.C.B. hest 580', South 5601, East 1001,South 2401, East 250', North 240', "at 240', North 560, to P.O.B. Commencing at Northeast corner of Section 27, Township 49 South Range 25 East, run West 11501, South 10201, to P.O.D. Nest 4101, South 2701, West 1701, South 6001, East 5701. 'north 860'-to P.O.D.' Commencing at Northeast corner of Section 34, Township 40.South, Range 25 East, run West 15008, to P.O.B. South 13601,,dst 360', South 2101, West 2001, South 10501, East to a point on Most bank of Gordon River, follow Southerly the meander of Cordon lover to a point at the Naples City Limits, East 590'-along Naples City ? `<' Li►aits,to East line of said .section. North 2150' along East line of said section, Rest 6841,'Eorth.570'*',7-2nst 1001, North 7001, ;•:: East 1001, North 4901, West 1020' along North section line to ' ` Caauaencing at the Northwest corner of Section 7, rownship 48 South, Range 26 East, run Southerly 1360' along East section line to P.Q.D. then East 740', South 140,, East 1801, South 1401 zast 140e,'gdnlb'300z, Nest 4001,.South 2001, West 2201, ;Forth 780' along West section line r: to P.O.B.. Commencing At NVroeast corner of Section 7, Township 48 South, Prange 26 East, run South 1400' along East section line then hest 1790' to P.O.R. Then run West 5801, South 2401, Weat 320', South 6001,-East 4401, South 2601, Bast 4801, North 1100' to P.Q.8. r . Q U m m 2 LO 0 00 M 0 0 0 N N 0 N J a c U t U m rr Q Order: 5836135 Page 4 of 28 Doe: FLCOLL:638-00021 Requested By: hstjohn, Prinked: 1 20 2022 2:52 PM Packet Pg. 204 9.A.1.c I Pal cninh.:�nc_ing at Northeast corner of: Section 7, Township 48 South,. Range. 26 South, run Southerly 3100' along East roction line to P.0.8, then run tier 340', North 6401, WerL 3401, spuih 2401, -- West 5001, 'South 92..0', East 340', South 420', East 320', South 3201, East 5001, North 12401, i16rng East section line to P.O.B. Commencing at Southwest Corner of Section 7, Township 48 South, Range 26 East, run Easterly 2480' to P,O.B., then run North 1601, West 1801, North 3001, Cast 9601, South••4601, West 780' along South section line to P.O.B. 1 Commencing at Northeast corner of Section 8, Township 48 South, Ranee 26 East,run Westerly 1580' along north section line to P.O.H.; then run West 1460' along Section line, South 3401, East 4801, South 4401, Ra&t 9801, North 7901, to P.O.H. Commencing at Southwest corner of Section 9■ Township 48 South,' Range 26 East, run East. 2201, along South section line to P.O.H. Thcn-.,run North 3601, East 2401, North 2001, East 5801; South 5601, West 820', along South section line to P.O.P. Commencing at southeast corner of Section 10, Township 48 South, Range 26 East, run Northerly 2080' along East section line then West 8601, South 420', Nest 560', South 6B0'; West $201, South 6401, East 12601, South 11401, East 940' along South section line to P.O.S. Commencing at Northwest corner of Section 11, Township 48 South, Range 26 East, run southerly 2400' along West section line to P.D.H., thence East 11601,- North 4201, East 6601, North 560sr test 17401, North 1601, East 4601, North 2801, East 5001, North 140'■ E48t 200', North 2001, East 640' to a point on the East lino of Section 11, then Southerly to the Southeast corner of asid Section then WesterlY with the South line of said section r r to the Southwest corner, the NortAerly along the Hest Line of said section to P.D.A. Commencing at Northwest corner of'Section 13, Township 48 South, Range 36 East, run South 2480'along West section line, 7401, South 460 , Bast 2001, South 3001, East 3001, Worth 5201, Bast 3401, South 1401, Fast 2801, South 1401, East 8401, North 1380', East 1B400, South 2401, East 7801, North 1900' along Bast section line then test along North section line to the P.O.B. Commencing at Southwest corner of Section 13, Township 48 South,' R4ngo 26 B. Run easterly 650' along South section line to P.O.B., than North 14001, East 3401, North 2401, East 380', South 12001, East. 1601, South 2601, East 2601, South 1401, Nest 1160' along South section line to Y.D.B. Cownencing at Southeast corner of Section 13', Township 48 South, Range 76 Fast, run Westerly 2270' along South Section line to P.O.R.I then run North 400r, Sliest 801, North 1401, 1Pest 60', North 6600, west $801, South 10801, East 500', South 16011,.East• 240', along South Section line to P.O.B. Commencing at Northwest corner of Section 14, Township 48' South, , :`i Range 26 Bast, run East 200' along North section lire, South 3000, west 2001-, North 3001, along Sliest section line- to F.O.B. . Coasaancing at the Northwest corner of Section 14.' Township- 48 'South# , , Range 26,Xast, run easterly 1560' along North section line -to P.Q-R: ' r, Easterly along North section line to Northeast, corner, run South- 24901 along that section line, West 2201, North 2001-■ West 900, South 23001, Nest 5001, North 2009, Resit 2401, North 200', Nest 2601, North 2601, Nest 2601, North BOG', East 140', North 2201, Rant.330', Worth 320", host 830', Borth 11041, Nest 4601, North �. 340', west 4001, North 1160r, to P.'v.a. , ' I�SiW� i..w[i ....sic... .. .�.. .rrf1. ..��l�a�'L-`• ... •'�l if T'•_ Order: 5836135 Page 5 of 28 Requested By: bsUohn, Printed: 1/20/2022 2.52 PM Doc: FLCOLL:638-00021 Packet Pg. 205 9.A.1.c 9f Ras 26 CQ"Ilencing at the santhanst corner of Secti-on 14, Township 48-Southr Raiigo Eaat, run westerly 2300' along South section line to + F.O.11. North 3001, 'Vest 500'r South 3001, Eant 500, along South .Viva line to !'.O.A. Commencing at NorthonsL corner, of Section 15, Township 48 South, Rango 26 &%EL, run Westerly 940' along North section line, South 4000, Kant 9401, North 400' along Knit section line to Y.O.B. Commencing at Northwest corner of suction 16, Township 48 South, Rango 26 East, run easterly 24R' alon0 North section line to P.O H. Then run Toast 62n', along North section line, South 1201, West �+ 820', North 120' to P.O.B. ... Comasunci.ny At HorthwenL corner of Section 17, ToWnship 48 south,, Range 26 En%t, run Southerly 1400' along bleat section line to P.O.B. East 2801, North 5001, East 470', South 880', Bast 4101, South 4001, 1~sinL 1401, South 2001, West 4101, 'North 1101, West 6201, South 100', West 2801, North 1000' along Went section lino to P.O.R. Commencing at Southwest corner of Section 18, Township 48 South, Range 26 Nast, run North 1060' along West section line, East 14201, South 18D', East 2701, South 4701, West 270'■ South 2000, West 200', South 2001, West 11201, along South section line to P.O.n. Commencing at Northeast corner of Section 18, Township 48 South, W Range 26 East, run southerly 1400' along East section line to P.O.B., Hest 9501, South 5501, East 820'■ South 4301, Bast 1301, North 1000' along East section line to P.O.B. Commencing at Northeast corner of Section 19, Township 48 South, Range 26 East, run southerly 2350' along East section line, Nast 2500' to P.O.B., West. 3201, North 1601, west 7204, South 160', Best 3201, South 15801, East 210, North 4501, East 6601, North 5D06, West 1201, North 66D' to P.O.B. Commencing at Northeast corner of Section 19, Township 48 South, Range 26 East, run southerly 1660' along Fast section line, west 12201, to P.O.n., West 11601, South 5001, East 11601, North 500'. to P.O.B. Commencing at Northeast corner of Section 19, Township •48 South, Range 26 East, run southerly 600' along East section line to P.0.9., west 5801, south 6001, East 5801, Borth 6001, to P.O.B. Commencing at Northeast corner of Section 21, Towashiy, 48 South, Rango 26 East, run westerly 1060' along North section line to P.O.B., South 4801, west 5301, North 1201, west 210, North 350', East 75D', along North section Line to P.O.H. Commencing at Northeast corner of Section 21■ Township 48 South„ Range 26 East, run southerly 920' slang section Line-, westerly 940' to P.N.H. west 6101, south 1601, West 7401, south 7001. e East 1801, South 901, East 6201, North 280', Fast 3001, Borth 2801, East 2401, North 380' to P.O.B. Commencing at Southeast corner of Section 21, Township 48 South, ;r Range 26 East, run ,northerly 1360' to P.O.B. West 2801, South z= 1101, west 5501, South 110r, West.550', North 3501, Ease 2101, ftrt ,:v. 1401, East 4201, North 2001, Vast 7501, South 440' along Nast sectim line to,P.O.H: Order: 5B36135 Page 6 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 206 9.A.1.c U, 6'38 Pia 27 Commencinq at: Northeast corner of Section 23, Township 48 South, Rwncia 2G i ilNt, run WC8tVrly 2100' along North section line to P.o-n., South 12701, West 5401, North 7501, West 17.0',North 490' Nast 6601, along North seotion line to Commencing at. Northeast corner of Section 23, TOWYLship 48 South, Range 26 East, run westerly )620' along North section lino, southerly 10401, to P.D.B. Went 470', South 850'0 Cant 3101. South 2501, East 1301, south 210', East 7101, North 290', West 1501, North 3801, west 1601, North 2501, 'Mast 1609, North 2401, West 2061, North 1501.to P.D.B. Commencing at Northeast corner of Section 23, Township 48 South, Range 26 East, run westerly 1220' along North section line, southerly 16901, to P.O.$ Cast 5601, South 5001, West 5601, North ^' 500, to P.O.B. + Commencing at Northeast corner of Section 23, Township 48 South, Range 26 rant, run southerly 260' to P.D.B. Waft 6401, South 10201, East 320', South 4901, East 1401, South 8201, East..170', North 2340 along eastern section line to P.O.B. Commencing at Northwest corner of section 24, Township 48 South, Range 26 East, run easterly 660' along North section line to P.O.B. East 1140' along North section line South 100', East 920', North I6D', East 2701, along North section line, South 180' West l60' South 130`,'ls'ast 1401, South: 50',ggSt 130`.,. Scutt 500+, has 150', South 280', Ea6t.3401, South 280, i?eAt I. 3001, South 1020`, West 7501, North 1180' West 430', South 7101, West 1050'. North 4801, West 150', North 1701, West 4501, South-290',^~ West 470', North 23200, &long West section line, East 6609,North 260' to P,0.8, s Commencing at Northeast corner of Section 24, Township 48 South, Range 26 East, run wenterly 760' along North section line to P.D.B. south 10801, West 8701, North 1080', East 870' to P.D.B. Commencing at southwest corner of Section 25, Township 48 South, - Range 26 East, run easterly 300', along -South section line, North 220 to P.D.B. North 3201, East 2501, North 4301, East 4901, South 550', East 120', S0131h 210', West 900' to P.O.B. Commencing at southeast corner of Section 27, Township 48 South, Range 26 East, run westerly 1070' along South section line to P.D.R. North 450', West 2501, North 580', Rast 1201, North 1101, East 10601, North 3601. Nest 380.', North 1101; West 3401■ North 1401, West 1801, South 1401, West 1701, South 1601, West 100T, South 2001, West 300', south 1170', East 570! to P.Q.B. Commencing'et Southeast corner df Section 28, Township 48 South, Range 26 East run westerly 32401 along South section line, northerly 1040' to P.O.B. west 434' North 1601, West 2001, North 2106, Nest 2201, North 56010 East 8501, South 930' to P.O.B. Commencing -at Southeast corner of Section 28,Township 48 South, Range 26 Hast,.run westerly 840' along south section line to P.o.B. West 90o,, along south section line North 340', East 90014 South 340' to P.D.S. carimen6ing at Northwest corner of Section 30, Toimshi,p 48 .South, Range 26 East, run South 350', to P.o.B. East 380`; South 330`, East 3701, South 5904, East 3801, South 1801, East 4401, South 2300, East 2401, South 1801, East 1101., South 4401, hest 9201, worth 12010, West 4901, North 370',•'West 470*, North 14601 to F.O.B. Commencing at Northeast corner of'Section 30, Tmmship 48 South, Range 26 East., run south 20001, 'West 650' to P.D.B. South 4000, West 4201, North 400', East d20', to P.U.B. Order: 5835135 DOC: FLCOLL:538-00021 l I Page 7 of 28 Requested By: bMohn, Printed: 1/20/2022 2:52 PM Packet Pg. 207 i 9.A.1.c E_ � COMMrrncing at Northeast corner of Section 33, TownWiiN 48 South, Range 2G Fant run wcsterly 840' along North section line to 1',O.B. South 3601, SVcFst 8101, Worth 360', Y,as,t 8801, along North section line to 11.0.11. Commonci.ng at Northeast corner of Section 35, Township 48 South, Range 26 Past, run Westerly 2120' to P.O.A. South 3601, West MK, North 2201, West 17604, North 120', Must• 21201, along It section line to P,O.H. Commencing,ht Northeast corner of Section 35, Township 48 South, Range 26 East, run South 650' West 501, Noi'th 1201, West 3101, North 2101, West 4201, North 3201, East 7901, along North line of'aaid section to P.o.B: Commencing at Northwest corner of Section 36, Township 48 South, Range 26 East, run East 240' along North section line, South 6101, West 2401, North 610' along Wust section lino to P.O.B. commencing at Southwest corner of Section 2, Township 49 South, Range 26 (Golden Gate Unit 3) run East 1001, North 501yo P.O.B. East 6401, North 8401, west 1901, North 2001, West. 450', South. 10401.•to P.O.S. Commencing at Northeast corner of.Section 3, Township 49 South, Range 26 East, run 2160' South along the section line, West 31401'to P,O.B. North 1201,.Weet 6001, Smith 4001, East 530', North 1401, East 701. North 140' to: P.O.R. -Commencing at 1ortheast-corner of Soct•ion 3, Township 49-South,.,..__._.. Range 26 East, runrSonth 3480' along the section line, West 100', to P.O.B. North 1601, West 4201, South 4901, East 4201, North 330' to P.R.B. commencing at Southeast corner of Section 3, Township 49 South, Range 26 East, run 1280'West along the section line to P.O.'B. North 4801,-West 140', North 120', liest 11601, Barth 4001, (Vest 1180', South 6209, East 6601, South 1601, East 5001, South 6011y East 2401, South 1601, East. 1070' to P.O.B. Commencing at Southeast corner of section 4, Township 49 South, Range 26 East (Golden Gate Unit 95) West 310' to P.0.8. North 1201, Went.6201, South 1401, East 620' to P.O.B. Commencing at SW corner of Section 7■ Township 49 South, DAMge . 26 E. (Golden Gate Unit 35) ran East 800' to P.Q.B. North 701, Last 2101, North 12201, East 6601, South 1300', 880' westerly alonrl the section line to P.O.R. Commencing at Southeast corner of Section 7, Township 49 South,, Range 26 East, run West 550', along section line, North 570 %. East 5501, South 5201, along section line to P.O.B. Commencing at Northwest corner of Section 13, Township 49.South, Rango'26 (Golden Gate Unit 15) run Last 740' along 'North line of said section to P.0.8. Easterly 1270' along Section line, Y South 200', East 660', South 3001, East 6601, North 580', Beep 12601, along Worth line of said section, South 13000, West 74810, '• y Routh 5201, Nest 5600, South 3001, West 6801, South 4001, West 5001, Worth 700*; East 440', North 9001, West 4601, North 2001, r=� West•260'., South 760', west 6401, South 9401, Fast 460'.,IROrth. ..: 3001, West 2000, North.766', East 24010 North 13601, to P.o.g. Commencing at Southwest corner of Section 13, Township 49 South, , Range 26 Bast, run easterly 2001, along section line to P.0.9. North 1120', East 5004, South 11201, Heat 500' along South lim' a. of said section to 8.0.5. ..1�.y ;.� .���f. �. 1..;,1: ± t}',.��'•;:�.i.1�..::, may: il.... v.._._..... ., i... Order:5836135 Doc: FLCOLL:63B-00021 Page 8 of 28 Requested BY: bsJohn, Printed: 1/20/2022 2:52 PM Packet Pg. 208 9.A.1.c its fi3$ Pat 29 COMMMICir J AL SOOLIW,10: corner of section 1-3, 'rownizhip 49 Routh, Rnngc-. 26 (last, run West 600' a1011gf SoOM lino of naid Suc:tion,- North 700' to P.O.n. WCuL 880', NorL•h 17.40', llant 800', south 1240' to 11.0.11. Commencing at Northeast corner of Section 14, Township 49 South, Range 26 East (North portion of. Goldun Gate unit: 27) run East 11601, along North lino of said section to P.o.n. West lobo' along North line of said section, south 6201, 10601, North 6206to P.O,B. Commencing at Southwest corner of Section 14, Township 49 South, Range 26 East, run easterly 4409 along section lino to P.0.0. North 1601, Wost 3801, North 6401, East 11601, South 350', East 2801, South 3601, East 2601, South 801, West 13401.along South line of said nection to P.O.B. Commencing at SouthwL t corner of Section 14, Township 49 South, Range 26 East, run East 2210' along South line of said section to P.O.B. North 601, East 5001, North 4001, ]tact 6001, North 7401, East 550', South 9201, West 2701, South 240', West 2801, South 409, Westerly 1140' along section line to P.O.B. Commencing at Southeast corner of Section 15, Township 49 South, Mange 26 East (Golden Gate Unit 26) run North 400' along East line of said section, West 1280' to P.O.n. North 5001, Cast 4001, North 1200', West 2401■ North 3009, West 2401, North 1401, West 11001, South 10001, West 3301, North 500', West 1100', South 4501, West 2001, South 7101, East 3601, South 5001, East 23409 to P.O.S. Commencing at Northwest corner of Section 26, Fownsh�'p 49 Soutar,, Range 26 East (Golden Gate unit 341 run East 7469.a,long North line of said section to P.O.B. South 6409, East 720}, North 64Q'f West 7201, along Nor'th'line of said section to P.O.B. Commencing at Southeast corner of Section 16, Township 49 South, Range 26 East run North 10409 along East line of said seetton, West 7409, to P.O,H. North 8601, West 14801, South 06011, East 1480' to P.O.B. Commencing at Northwest corner of Section 17, Township 49 South, Range 26 East (Golden Gate Unit 33) run Easterly 15409 along th+a section line to P.O.B. East 1.160', South 5800, West 11fi0', Borth 560, to P.O.9. C. Commencing at Northeast corner of Section 17, Township 49 South, 26 East run westerl 920' alon the section line to P.O.B. Range ■ y g South 19401■ West 1140', North 1940', Easterly 11409 along section � line to P.O.B. Y v =' _04 mencing at Northeast corner of Section 18, Township 49 South, m R.-ngp 26 East, run westerly 450' along the section line, South 1201, 8'1 West 6909, South 560', West 2201, South 6601,,Ealst 5801, North C 300', East 1309, north 1801,+ Bast 1801, North 2801, East 2401, North 3s0', East ISO', North 160' to P.D.B. y Commencing at Northwest corner of Section 20, Township 49 South, uO Range 26 East (Golden Gate'unA 31) run East 7209 along North C 00 '-° line of said section, South 1520' to P.O.B. Cast 24'01, North :; Cl) .% 200', Cast 2209, North 4409, East Ant, Mouth 5409i-Hest 1401, c South 300' %lest 940' North 240' to P.O.B.04 c .;'.. Commencing -at Southwest corner of Section 20, Township 49 South, J Range 26 East, 7run East 1110' along South section line■ forth 1400', to 8.0.8. East 440',llorth 510', West 440', South 610' to d s ca r Q • §�X'r tiu ,.... { �.•h: �• ."1i�n DIM'5C:�A'..i.:.LG'r ., e 1L•••• Order: 5836135 Page 9 of 28 Requested By: b5tjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 209 9.A.1.c Commencing at Northwest cornea, of Runge 26 East, run castcr.ly 4401, South 380, Rust 4801, south 340w, North 1601, Eiwawt 6201, North 1601, North 2401, East 3401, North 4601, line, South 4301, Wept 4401, North section line to P.O.B. ji 638 tim Section 23, Townsship 49 neut}1, along the wsec3:£on line. Lo meat 2001, "uLh 4201, Fast 7401, Rwtct 6001, North 1801, Vault 320' westerly 1140' along the suction 4201, westerly 1340' along the commencing at Northeast corner of Section 24,Tdwnship 49 South,. Range 26 Fast, run West 960' along North section line, south 3401, Hest 3201, South 15201, East 0801, North 3001, East 3601, North 1580T, along East line of said soction to P.O.B. Commencing at Northeast coiner of Section 24, Township, 49 South, Range 26 East, run South 279014ilong East section line to P.O.B. West 9401, South 600', nest 4401, South 2001, East 3004, South 3001, East 1401, north 12001, along fast section line to P.O.B. Commencing at Southwest corner of Section 24, 'Township 44 South, 1 Range 26 Nast, run eanterly 430' along the section line to P.Q.$. North 3601, East 8001, South 1601, East 4001, South 140`, westerly-.1200' along the section line to P.O.B. Commencing at northwest corner of Section 25, Township 49 South, Range 26 East, run easterly 16201 along North section line, South 11401, West 1610, northerly 1060' along West line of said section to P.O.B. Comtaeneing at Northwest corner of Section 25, Township'49 South, Range 26 Rast, run easterly 22801 along North section line, South 9001 to P.O.B. East 8401, South 6801, Hest 8409, North 64WO. to P.D.E. Commencing at Northwest corner of Section 25; Township 49 South, . . Range 26 Eaet run southerly 3480' along hest section line to e P.Q.B. East 2601, North 1401, East 7601, South 3901, Nest 5501, South 440, Hest 4601, northerly 700' along West line of said section to P.O.B. Commencing at the Northeast corner of Section 26, Township 49 S., Range 26 East {Golden Gate Unit 28) run southerly 34801 along East line of said section to P.O.B. west 160', South 140:, West 1804, south 5601, East 3401, Northerly 7001 along East "A line of said section to P.O.B. W=encing at Southeast corner of Section 29, Township 49 South, :- Range 26 East (Golden Gate Unit 30) run westerly 21401'aior South section line, North 601 to P.O.B. West 6401, North 141) East 440", North 3601, East 900=, North 2401, East 70011, South 6101, Nast 4501, South 5401, West 14901. South 5201, hest 3601, .. South 3801, to P.O.B. Commaencing at Southwest corner of Section 30, Township 49 South, Range 26 East {Golden Gate Unit 29j run easterly 660", along South - line of said section, North.7401, East 3901, North 1601, East 160" , North, 360' ,. West 4801, South 1801 , Nest 740' , southerly 1060' along hest section line to P.O.B. Ccmmenci:ng at Southwest corner of Section 30, 9bwnshfp 49 South, ..•-:'' .Rgpge 26 East, run northerly 22001.along West station line, East ' 1100`tto P.O.B. East 880l, North 180', East 340', Borth 100*.,:. Bast•3001, Borth 3200, .East 2201, North-9401, (test 3301i north 2401, ]lest 490', North 12O', heat 640T, South 980=, Nest 290*. South 9201;to P.O.B. C X mencing at Nortt}sast corner of Section 32, Township 49 South,''' Range 26 Bast run Westerly 960' along North•sectiton line, South .2001 to P.O.B. Nest 740=, South 420*, Nest 3601, South 540*, Nest 440s, South 560t, East 580t, North 1401, East 4401, North•560`, East 5401, North 600' t6 P.O.B. .... _ . _,...� ... _........... .............. . _ ... - - ................ ............ .,........... Order: 5836135 L Page 10 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:63.8-00021 Packet Pg. 210 9.A.1.c E 38 tit Comm^.sscinq at ti()r. thc.sut corner. of Section 32., Township 49 South, Hange 26 Rant run westerly 29001, along !North section line, South 1360' to A.001. West 3801, :south? 140', V-- k 30a', South 1401,' West 180', South 160', West IW , South 2001, West 3201, South 900'■ Last 460', North 180'. East 3001, (North 4401, F.ant 2806, North 2401, HAst 1601, North 1601, Fast 140', North 5001 to P.O.D. Commencing at Southeast corner of Section 33, Township 49 South, Range 26 Fast run westerly 700' along section line, North 0601 to F.O.B. (Nast 4801, North 4301, Fast 4801, South 4301 to P.O.S. Commencing at southeast corner of Section 33, Township 49 South, Range 26 East, run West 1640' North 1110, to P.O.S. West 1.70' South 1201, Yiost 6401, North 430', East 3201, North 2501, East 490', south 570' to A.G.B. Commencing at Southwest corner of Section 36, Township 49 South, Range. 26 ]East run Northerly 1000' along ;Nest section line to F.O.D. East 380', North 4001, East 3201, North 220', Toast 5604, North 250', East 160', North 11601, hest 7201, South 3201, West 3601, South 2401, West 3201,.southerly 1480' along hest section 11.ste to P.Q.B. Commencing at Northwest corner of Section 1, Township 50 South, Range 25 East, run South 1350', East 90' to P.O.B. South 1801, East 2201, South 170', East 3501, South 1201, East 6501, South 2301, West 1030'. SouL-.h180', West l00', South 2501. West = 1101, South 3401, along Fast right of way line SRC-858, East 3801, ,#1• North 280*, East 2901, North 1801, East 1210'■ North 1301, East 8901, South 1701, East 14001, South 2201, East 4101, North 6704, Nest 1570*, North 220', west 1760', north 390t, West 1230' to Commencing at Southeast corner of Section. 2■ Township 50 South, Range 25 SdBt, run North 23801, West 501, to P.O.H. Hest 2101, South 1201, Kest 3301, South 2901, West 10801, South 1601, !Peat 6701, South 90', (Pest 3801, North to a point on southern bank of Rock Creek, follow southwcstE_rly the southern meander of the river to a point on the West line of said section, North 1250', East 3001, South 500', East 19701, South 1909, Fast 6501, North 2201, Fast 6601, North 4101, East 3301, North 601, Bast 4000, south 2601, West 300t, South 3008,East 2401a North 1S0', East 245t, North 1401, East 3201, North 2601, East 4801, South 260" to P.O.B. Conuaencing at Northwest corner of Section 12, Township 50.SoutR, Range 25 East, run South 12801, East 720* to P.o.B. South 1040', East 3601, South 640*, East 6001, North 250', Kest 270', North 14401, West 670', to P.O.B. Commencing at Northwest corner of Section 14, Township 50 South* Range 25 East; run southerly 27401 along West section line, East 4201, North 160', East 3101, North 470*, West 350t, North 4601, East 360*,-North 140'■ East 9601, [forth 1500*, ►Yesterly 1680' Along North section line to P.Q.R. Commencing at Southeast carnercof Section 23, Township $O south, Range •25 East, ,run West 1410' along South section line, north 2220' to P.Q.S. North 640', Hest 180'. South 159t, West 170=81 ILI South 901, Nest 340', South 4201, East 6701, to P.O.B. Commencing at Northwest corner of Section-24, Township SO. South, Range 25 East, run southerly 5801, along Pest section line to P.o.a. Bast Soo,, South slot, East 6501, South 3001, Best 3604, South 2001,•ffast 3601, South 570, West 9W , Borth 2501, sfest 310 northerly 16S0' along West line of said section to P.C.B. . • •i 5 Order: 5836135 Page 11 of 28 Doc: FLCOLL:638-00021 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 211 9.A.1.c Coms enc-.ing of Northwest corner of Section 24, 7ownuhip 50 South, Range 25 Easi, run casLerly 1990', along North nuCL 011 Aine, Routh 1390', to P.0.13. EOUt 510', :south 600', WCsL 680',Nnrth 31.0', Bast 1801, North 2901, Commencing at Southeast corner of Section 24, Township 50 South, Range 25 vnnt, run nort-.harly 2190, to v.D.A. West 100=, South 1301, west 1101, South 1401, West 1301, South 1501, blest l301, South 150', West 170', South 250', West $601, North 7801, West 650', North 7301, East 2401, North 7601, Mast 790', North 200', East 11501, southerly 1640' along East section line to P.O.B. Commencing at Northwest corner of Section 25, Township 50 South, Range 25 Bast, ruts southerly 920' alongWout section line to P.O.B. East 400', South 4701, Hest 3801, North 4801, along Rest section line to P.O.U. Commencing at Northeast corner of Section 25, Township 50 South, Range 25 East, run westerly 1680' along Worth section line to P.O.H. south 2001, hest 901, South 530', West 210',South 500', Feat 200$, South 390', West 150', South 3901, West 304'. South 2501, Nast 2101, South 180', West 1901, South 2001, ?nest 1701•, South 2801, West 3501, South 1801, West 2001, South 3101, WeAt 170', South 2701, West 130', south 170', West 1801, South 1701, West 1701, south 130', West 1201, South 230', nest 250', South 6501, West 4201, North IS501, East 2001, North 230'; East 1901, North 240', East 2401, North 380', East 260', North 9301, East 12601,North 950', East 1801, North 2001, East 3401, North 1601, Last 1801, North 2601, Fast 2501, North 1301, East 4801, along North section line to P.O.A. Commencing at Northeast corner of Section 25. Township 50 South, Range 25 East, run southerly 3020' along East section line to P.O.B. South 960' along East section line West 400', South 1901, West 140', south'380', West 200', South 3801, West 2401, South '350'■ 'West 10401, along South section line, North 960', East 500', Korth 3201, East 250', North 5301, East 3601, North 46037 East 940 to k.O.B. Commencing at Southeast corner of Section 2, Township 50 South, Range 26 East, run northerly 1760' along East line of said section to P.O.B. West 1001, North 440'. East 100'. Southerly 4401-along East line of said section to F.0_R. Commencing at 'Northwest corner of Section.3, Township 50 South, Range 26 East, run South 2300'. East 1920' to P.D.H. South 47011, East 570", North 400', East 2901, North 110',-East 1601, North 2406, blest 1901, South 80', West 280', South 100', West 280',. south 100', West 2401, to P.O.B. Comit6ncing at Southwe5t\6orner of Section 9, Township 50 South, Range 26 East, run'East 2150',North 1100t to P,.0.8. East 5804, North 7801,'West 5801, South 780' to P.O.B. Colnmenaing at Southeast corner of Section 9, Township 50 South, Range 26 East, run West 1920'to P_0.8. North 701, East 2601, North 160', East 2801, North 350', West 1190', South 570t, East S 660' to P.0.8. Conanencintq at Southeast corner of Section 9, Township 50 South,.-...-.- Range 26 East, run North 830' to P.O.B. went 60', Worth250', �f lust 601, south 250' to F.G.S. -` Cv+meerscing at southwest corner of Section 10, Township 50 South, Range 16 East, run North 0301 to P_O.B. East 360', North 1104, _ x East 300I, north 1501, East 110', 'North 150' East 2001, Borth 240, East 701, North 4001, West 650', South 330'0 West 180', South 500', Vogt leo', South 250' to P.O.B. Order: 5836135 Doc: FLCOLL:638-00021 Page 12 of 28 Reques ed By: hsgohn, Printed: 1/20/2022 2:52 PM Packet Pg. 212 9.A.1.c ai. 838 33 Commencing at Southecust. corner of Section 10, Towi.:ship 50 South, Rumju 26 Must, run North 1640' along suction line, West 150' to P.O.S. West 2201, North •800', Naut 2201, South 800' to P.o,B. Commencing at Northwest corner of Section 13. Township 50 South, Rantje 26 Last, run southerly 1800' along West line of said section, ' East SO', to P.O.B. Soutl ,'00', Ease 5G0', North 100', East 2001, North 7.40' , Fast 200' , ti,,::, 1 480' , West 960' to P.Q.A. Commencing at Northwest corner of Section 14, Township 50 South, Range 26 East, run easterly 400' along North section line to P.O.s... South 160', East 2201, Routh 3001, East 5401;'Horth 3800, East 700', South 180', East 2201, South 6201, West 220', South 260', East 5701, North 6401, East 200', North 4401, westerly 2200' along North sacL•ion line to P.O.H. Commencing at southwest corner of Section 14, Township 50 South, g Range 26 East, run easterly 1240' along south section line, North J 450' to P.D.B. North 4901, East 5401, South 480', West 540' to Commencing at Southwest corner of Section 15, Township 50 South, N Range 26 East, run northerly 400' along west section line to P.O.H. East 660', North 650', west 660', southerly 650' along West section line to P.O.B. Commencing at Southeast corner of Section 15. Township 50 South, Q Range 26 East, run northerly 670' along East section line, West 320', to P.Q.n. North 6401, west 0301, South 640', East $30' to P.O.H.CD �? Commencing at Southwest Corner of Section 16, Township 50 Sc,uth;, 00 Range 26 East, run easterly 1580' along South suction line to sh P.O.B. North 410'. East 140', North 80', East 250', North 701■ c :East 90', North 1001, East 1401, North 1001, East 1001, North o 230', East 40', North 1601, West 240', South 1400, West 120*■ 04 No south 60', West 5301, North 4501, East 2901, North 1300. East 4401, South 90' East 6501■ North 210'. East 2301■ North 760', N J - East 8601, South 11301, West 10501,•South 2801, West 2001, 5auth tl lOZO;. Westerly 1110' slang South section line to P.O.B. Commencing at Southeast corner of Section 16, Township 50 South, 0 Range 26 East, run Westerly 1700' along south line of said s@Ction to P.O.B. Korth 2401, West 380', south 230' easterly 180' along c" South section line to P.O.m. • - Q Commencing at Southwest corner of Section 18, Township 50 South, Range 26 Soot, run North 690' along west section line. Bast 23706 v to P.O.B. East 270', North 300', West 2701. South 3001 to P.D.N. m Commencing at Northwest corner of Section 19, Township SO south, Range 26 East, run southerly 1580' along Vest section line to 'P.fl.B. i Bast 1001■ North 330', East 800' southeasterly-400' along the ca { Southwest right-of-way line of US-41. Run'Gojttwest 400' on a.liue _ perpendicular to USL41. Run 260' sdutheaster Orrs'line- parallel. to US-41. Northeasterly 400' on a line perpendicular to US-w4l F'n o Y Thence,'1400' southeasterly along the Southwest right-of-way cf 0 tiw:;.• US•-41. Best 7701, South 200', west 13801, South.1501, West 1601■ c northerly 1650' along West section line to P.O.B. •�L o0 Commencing at Southeast corner of section 20, Township SO South. `,',+ N -' Range W Rast, ran westerly 2120' along South section line■ North 5301, East 1701, North 1601, East 12900, North 2801, East 2706, N J i North 780', East 3701, North 3001, Bast 17.51, southerly 20501 ri along East section line to P.O.S. " d - C 4 s V 'a Order: 5836135 Page 13 of 28 Requested 0y: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 213 9.A.1.c Commencing rtt Northeast corner of Koction 22, Township 50 South, Retng. 26 s:ast, rttn westerly 20901 eilung North section line, d South 3001, to 11.0.1). South 5001, Went 380', Nor=:h 5001, last > no, to 1'.o.B. O Commencing at Northeast corner of Section 22, Township 50 South, ,6 Rangc 26 Past, run South 940' along Mat sectiois line, West 3so' � to 1'.O.B. South 3901, West 5201, North 3901, East 520' to P.O.R. Commencing at Southeast corner of section 22, Township SO South, y Range 26 East, run westerly 3401 along south section line to P.0.13. West 8401, North 10801, West 3901, South 150', West 200', North +� 4601, Past 160', North 480', West 1601. North 4701, East 5401, M North 170', East 5701, North 2001, East 5901, South 9001, Nest LU 1401, South 10701, West 1301, South GOO' to P.O.B. � c Commencing at Northeast corner of Section 23, Township 50 South, j Range 26 Fast, run westerly 1340' along North line of said section J to P.O.D. South 280', rest 6001, North 2801 easterly 6001 along North line of said section to P.O.U. J Couaaencing at Southwest corner of Section 25, Township 50 South, ' Range 26 East, run northerly 540= along West section line to C P.O.B. East 10801, North 280', Rant 11001., Nar.Lh 4801, East 7001, d North 1801, East 380`, North 740', W, West 601, North 540', East 340' � •�� North 2401,' Lust 3201, North 9601, Rent 580', South 1201, West 1080', South 1020e, West 360', South 6001, West 6001, North 2601, � Nest 2201, North 26o', West 6601, South 7001, Nest 3001, South 7601■ West 601, southerly 740' along West section line to P.Q.S. Q Commencing at Southeast corner of Section 25, Township 50 South, a � Range 26 East, run west.srly 6009, alone} South section line to P.0.13. North 140', Fast 240', North 2001, East 4001, northerly 2080' 41ong East section line, West 13201, South 4201,'Yiest 280'. C South 700', West 3001, South 7.201, Nest 3001, South 2001, Hest 00 3201, South 3001, East 640', South 3601, hest 3001, South 1901, M West 200% south 60' easterly 1780' along South section line to O P.O.B. CD 04 Commencing at Southeast corner of Section 26, Township 50 South, o Range 26 East, run northerly 560' along East section line to N J P.O.S. West 2801, North 360', East 120$, North 380, East 160t, a . Southerly 740' along East -section line to P.O.B. Coamsencing at Northwest corner Of Section 28, Township 50 South, � Range 26 East, run South 150', along West section line, East 580', North 1501, westerly 580' along section line to P.O.B. cV Commencing at Northwest corner of Section 30, Township 50 South, Q- Range 26 East, run 1550' easterly along section line, South 540t East 7301, North 140•, East 5601, South 3501, West 200', South 300', e3 Nest 1300', South 10201, West 1360'. North 2000, along Nast lima - m of said section to P.O.B_ Commencing at Northwest corner of Section 20, Township 50 Southi. C ` Range 26 East, run South 28201, along rest line of said section co to P.O.B. East 180', South 950•. Nest 180', North 950' along ]lest � section line to P.O.B. to CIng at Northeast corner of Section 30, Township 50 South, o 00 Range 26 East, run westerly 1600'' along section line, South 14$0'. M to P.Q.R. South 450', West 3101, North 450'. Fast 310' to P.O.S. O `.y Commencing at Southeast corner of Section 31, Township 50 South. N N Range 26 East, run North 390•' along East line Of said section to :' q o ,'•: P.O.R. west 380*, Korth 970t. East 360;, :south 970' along East. N J line of said section to P.O.D. a Co meencing st 5outIlwest corner of Section 32, ' %)wnship 50 South, Range 26 Fast, run Worth 390' along treat section line to P.Q.B. as East 2404, North 300', 'Fast 190, North 670', Hest 4001, southerly - E 9701 along section line to P.O.S. U v r Order. 5836135 Page 14 of 28 Requested By: bsgohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 214 9.A.1.c IRE 638 w 35 Comme;ncirug at. Southeast eor not' of Section 37,Towrtuhip 50 South, Re+ngn 2.6 East, run Vorih 400' morn Mint a:acLiun lino, West 2.80', South 1:70', went. 230', routh 320', na stur3y 490' along section lane to P.0.11. Commencing at SouthwCist corner-of•Section 33, Township 50 South, Range 76 Ettst, run Fant 2050' along South suction line to P.O.H. Easterly 250' along section line North 3401, west. 2501, South 340' to P.O.U. Commencing at southeast corner of Section 33, Township 5u South, Range 26 East, run Cant 590' along South section line to P.O.B. North 2001, Wast 280+, South 200' easterly 280' along section line to P.O.n. Commencing at Southeast corner of Section 34, Township 50 south, Range 26 East, run North 2420' along East section line, West 2660' to P.Q.B. North 6601, East 2101, North 2701, East 350', North 2701, Last 1701, North 10601, West 950', South 1170', West 1701, South 3501, West 160', south 1601■ West 1701, South 3501, West 1401, South 2500, East 830' to P.O.B. Commencing At Southwast corner of Section•34, Township 50 South, Runge 26 East, run North 780' along Hest section line, East 690' to P.O.B, mast 8201, North 14501, west 9601, South 7801, Eaat 150'■' South 660', to P.O.B. Commencing at Southeast corner of Section 34, Township 50 South, Q Ranges 26 East, run northerly.2140' along East line of said section a West 630', South 15501, West 20001, southwesterly 750' along the - Southeast right of way of SR-951, easterly 3020, along section line to P.O.A. Commencing at Northwest corner of Section 2, Township 51 South, 0000 .Range_.26 East, run easterly 160' along North section line, South s`3 o 9001, Nast 1601, South 560', West 210', South 2601, west 000, CD Northerly 1700' along West section line to P.O.B. o N N Commencing at Northwest corner'of Section 2, Township 5,1 South, o N Range 26 East, run easterly 710' along North section line, South Jd 480', to P.o.u. East 9001,South 5501, West 3601, South 6001 Hest 5401, North 1200' to P.O.B. Commencing at Southeast corner of Section 2, Township 51 South, Range 26 East, run westerly 54D' along south section line to � P.O.B. North 1580', West 2900', South 940', West 14201, South N 6600'i easterly 4300' along south section line to P.O.S. Q Cowunencing at Northeast corner of Section 3, Township 51 South, Y Range 26 East, run westerly with section line 23901•■ southeasterly v M 1470' along a line parallel to and 'a distance of 165D' from the m North right of way line of RT-41, south 3101, Nest 3701, South -:_ 2001, west 3301, South 2901■ West 3501, south Igo', West 290', South 1401, southwesterly 260' along road right of Tray line RT-42, L mast 7501, North 130', East 3001, North 190t, East 360', North R 2201, East 7301, South 1300', West 1101■ South 3101, southeasterly _ 3B0', along read right of way line RT-41, North 3801, East 1201, try North 3901■ East 120', North 330" East 170', North 4801, Beet 601,,Horth 1820', along East lint of said section to P.O.B. 00 C3Meneing At Northwest corner of Section 4, Township 51 South, ! o Range 26 Fast, run southerly 1670' along section line to P.O.B. � N East 400', South 40p', West 400'■ North 400', along West, line of N y.;:. .. .said section t0 P.O.B. o N T'` Conneinaing at Northwest corner of Section 4, Township 51 South, d -, .. Range 26 East, run southerly 2070' along section line, Nast 6B0', to P.O.B. South 4301, East 7201, South 2201■ Last 6801, South C + + t 48D , Last 740', North 570', West 1.70', North 10D , West 54D , North 450', West 1440' to P.D.R. at Northeast corner Of Faction 5, Township 51 south. CU ,Carmancing Range 26 East, run westerly 800' along North section line, &odth Q + + + southerl 2120' along Igo,, West 358D South 160 host 96it , y 9 Order: 5836135 Page 15 of 28 Requested By: hsoohn, Printed: 1/20j2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 215 9.A.1.c V 638 no 3� Went lino of said section, Yant 3501, North 300', l;ant 4401, North 6501, 1•:ar.t 0001, South 20010 f'a z, t 420' , South 2001, leant 92.01, South 1001, hunt. 660', North 3401, Neint 6901, South 1001, Last 2001, northerly. 420' along Vast noctinn line West 3001, North 2001, West 5201, North 2G0', Want 15401, North 1601, Wast 2601, North 6001, Eant 18001, North 2201, Xnst 4001, North 2401, F:ant 440', northerly 190' along t:ast aaction line to P.G.B. Commencing at Northeast corner of Section 8, Township 51 South, Range 26 Sash, run South 12081,-along Past taevtion lino. West 5401, South 260', West 3401, South 2201, West 7801, South 5001, Fast 3401, South 200'■ East 12401, southerly to Southeast corner, ve sterly along south section ling to Southwest corner' Northerly along West section line to Northwest corner, East 31201, South 2001, East 3401, North 2001, Fast 1900' to P.D.H. Commencing at Southwest corner of Section 14, Township 51 South, Range 26 Last, run northerly 1120, Along West section line, East 2801, South 1401, East 3001, South 2201, east 4201, South 3601, East 5401, South 4201, westerly 1560' along South Section line to P.O.ii� Commencing at southeast- of Section 15, Township 51 South, Range 26 East, run northerly 950' along East section line, West 5201, North 7001, Wert 3001, North 14001, West 6601, North 280', West 7001, South 8401, East 1601, South 5001, West 0001, Korth 800' West 6601, North 10401, West 340', Borth 2801. West 4801, North 2000, Hest 8001, north 1B0', West 120' southerly along West line of said section to Southwest corner, easterly along South liars of raid section to P.O.B. Comencing at Northeast corner of Section 16, Township 51 South, Range 26 East, run Hest 1000' to W.O.B. South 4201, East 540' South 5401, East 4401, Southerly 4400' along East section line to Southeast corner, westerly 1180' along the South section I line, North 2001, West 280', North 4801, West 3001, North 320', West 3601, North 440' , Wiest 20D1-,=-North 4,GQ1,,, West 2801, North 1401, West 3001, Worth 400'0 West 480', North f60141 West 480', South 1560', Bast 360', North 320', East 200', South 320'.-East L) 1401, North 1201, Fast 3601, South 5401, West 4601, North' 2201, West 3001, South 4001, Past 5401, South 2001, East 1801■ South 280', West 5001, South 2401, westerly along South line of said section to Southwest corner, northerly along West line of said section to Northwest corner easterly along North section lime to P.O.B �. hll-of Section 22, Township 51 South, Range 26 East ^ ST Commnencing at Northwest corner of Section 23, Township 51 South, Range 26 East, run easterly 2420' along North section line, South 6001, East 0601, South 760', East 2060', southerly along Bast line of said -section to Southeast corner. Westerly along Soutb lino of said section to Southwest corner, northerly along West line.to said section to P,O.B. Commencing at Southwest corner of Section 24■ Ttromship 51 South, Range 26 East, run Northerly 3960' along West section line, Fast 100', South 4001, Esgt 640%, South 4901, Zast 600*,.South 6601, . East 9201, South 300', East 2000', South 460', West 200'■ South 9401, East 5001, pouth 5001, East 4201, South 3001, East 1401,.. - southerly 00' along East section line westerly along $Guth line - of said section to P.O.S. e Order: 5B36135 Page 16 of 28 Doc: FLCOLL:638-00021 .S Requested By: 6stjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 216 9.A.1.c M 638 I'AS,E 37 �a Commencing at Southwest corner of SoctJon 8, Townuh.i.p 49 South, � Range 26 cast, run Enst 1500' to F`,Q.IS. Norl:h B01, F4ar;t 2901, North 2001, East 7001, South 3001, East 1801, South 6n', West O 11601, along South line of said section to Commencing at Section 8, Township 49 South, Range 26 East, run r East 3120' along South line of said section to P.O.B. North a> � 2001, West 180', North 500', East 5801, South 3001, East 4601, N South 3401, East. 28D', South 60', Ws -at 11401, along Sough line of said section to P.D.D. ) Commencing at Northeast earner of Section 9, Township 49 Soutli, r N Range 26 East (Golden Gate unit 32) run West 3201, along North W line of said section to P.O.B. westerly 620' along section line � South 5901, East 6201,,North 620' to P.O.B. Commencing at Southwest corner of Section 9, Totianship 49 South, J Range 26 East, run East 760' to P.O.B. North 3401, Fast 6601, � South 3401, West. 6601, along South line of said section to P.O.B. rxommencing at Northwest corner of Section 10, Township 49 South, _ Range 26 East (Golden Gate Unit 1) East 210' along North section m line to P.O.B. South 6001, Fast 8501, North 6001, West 8501, along E North line to said section to F.O.D. C Commencing at Northeast corner of Section. 10, Township 49 South, j Range 26 Vast, run West 126DI along North section lino to P.O.B. Q South 2D', West 13001 South 2001, West 2101, South 7DO', West t 250', South 260', West 2001, South 3201, West 1001,-South 2201, Qr West 860', North 10201, East 6401, North 4601, East 3409, North 200', West 300', North 60', East 1060' along North line of said i section to P.O.B. o ` 0 Commencing at Southwest corner of Section 10, Township 49 south, c Range 26 East (Golden Gate unit 1) run North 29001,.East 340'; 1 0 to P.Q.B. North 640', East 740', SvutR 6401, West: 740' to P.O.H. N N Commencing at Northwest corner of Section 11, Township-49 South, { o Range 26 East (Golden Gate Unit 4) run South 2520' along West J section line, East 100' to P.Q.B.East 20401, South 9801, Mist d 2401, South 4001, West 2501, South 250', West 5201, South 3601, West 102D% North 2020' to P.U.S. j 0 Commencing at Southeast corner of Section 11, Township 49 South, cfl Range 26 East, run 1260' Westerly along section line to P.O.B. N f North 1801;.East 1401, North 4801, West 11701, South 6701, East Q 1030' to P.Q.B. Y Commencing at Northwest coroner of Section 12, Township 49 South, l v Range 26 East (Golden Gate Unit 5) run East 860' along North lime j m of said section, South 50' to P.Q.B. East 5401, South 470', i West 5401, North 4701 to P.G.B. C Commencing at Southwest corner of Section 12, 'Township 49 South, y Range 26 East, run East 740' along South line of said sectir. k 2 to M.O.B. North 620', Eaat 1240', South 6201, Westerly LO 1240' along the section line to P.Q.B. o n l M • O N N 04 Q i Order: 5836135 Page 17 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FI_COI_L:638-00021 Packet Pg. 217 9.A.1.c �[{ Ii�p PAf4 JD The following horcinbelow duscribed prorkartieu are to be p1Hcrd in 4S7" Spneial Treatment area of environmental sensitivity: Commencing at the Northwest earner of Section 5, Township 48, Range 25, run South 50' to P.O.B. East 400', South 2201, East 960', South OR 35' East 350' South 300 33' East for 346.4', South 590 27' West for 1050', South 9301, East 1400', South 1G20', Fast 2201pSouth to south section line, Weut along said section line to Southwest corner, North along West section line to P.O.B. Commencing at Northwest corner of Section 8, Township 48,. Range 25 as P.D.B. un East 2360' along North section line, South 840', South 30 owest 108016 South 4801, South 300 East 25001, South 450 South 30 Fast to South section line, thence West along South section line to Southwest corner, thence north on Went section line to P.O.B. Commencing at Northeast corner of Section 8, Township 48, Range.25, run South 010 05122" East, 890' along East line of said section, West 1160' to P.O.A. South 640', Fast 440', South 500', West 750', North 11-401, Fast 310' to P.O.B. Commencing at Northwest corner of Section 16; Township 46, Range 25, run South 757' along West section line, thence thence Fast 1050 ' to Point of Peginnin North 306 East 3501, East 1701, South 30. East 35�', oust 1000''i south 16501, Southwest 1450', parallel to end at a distance of 170' from present US 41, West 350', North 300 West 14001, North 400'■ East to P.O.B. Commencing at South,,mst corner of Section 11, Township 48, Range 25, run North 600' along West section line, East 390' to P.O.B. North 4401, East 390', South 440' west 390' to P.O.H. Commencing at vorthwest corner of Section.11,Township 48, Range 25runEast 1310' to P.�1.8. East cool, South-11001, SO +�th 30 Fast 5701, South 60 East 5401, North 400' North 60 West 730', North'300 Went 1130', North 450 West 460', !North 590' to P.O.H. Comencing at Southwest corner of Section 11, Township 98, , Range 25, run North 1400' along section line, Fast 1570' to A.D.B. florth 3601, Fast 2701, South 2201, South 60a hest 310' to P.D.B. - Commencing at Southwest corner of Section 11, Township 480 Range 25, run North 2190' along section line, past 720' to P.O.B. South 600 Fast 42Q', South 250', Tiarth 600 nest 4201, ,. . =: North 250' to P.O.B. Commencing at 'Northwest corner of Section 11, Township 48, Range 25, run East,35601 along section line, South 1750 to- }�,: ; P.U.S. golxth 60t' East 890' , South 10501, South 380 Hest 8701, North 60 West 5901, West 435' , North 470', East 500', ` North 375', North W Kest 410', North 180', North 300 BaBt s; 630', to P.O.B. R z Order: 5836135 Doc: FLCOLL:638-00021 Q 3 Y v R m C 'L R 2 L0 0 co M 0 0 0 N N O N J Q_ c a� E s Q • ...•:SAP-' 'i Page 18 of 28 Requested Bv: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 218 9.A.1.c €. 638 P 39 L ; - Commencing at Southeast COxner of Section 12, Townahip 48, O Range 25, run North 2140' along section line, Fast 500, to iC P.O.B. East 710', South 8a5', Weat 575', North 450 West ++ 370', North 470', North 45 Fast 190' to P.O.D. y Z3 Commencing at Sout•hweet corner of Section 12, Townahip 49, to Range 25, run North 640' along section line, Fawt 3060' to d P.O.H. North 450 West 540'. North 390', East 590' South 701, West 210' to P.O.B. N R Commencing at Southeast corner of Section 12, Township 43, LU !range 2.5, run Narth.990' along section line, West 590' to � P.O.B. North 5201. West 3951, South 520' Ra3t 385', to P.O.13. Commencing at Northeast corner of Section 15,1 Township 49, 1 J Range 25, run South 1115' along section line to p.0.8. South 365', Want 580', North 160', North 60 cast A10', Eaat 220, to P.O.B. Commencing at Northeast corner of Section 15, Township 48, d Range 25, run South 2090' along section line, West 490' to � P.0.it. South 440', Neat 43O, North 440', East 430' to P.0.R. � C Commencing at southeast corner of Section 15, Township 40, Range 25, run No&th 2390' along section line, West 610' to Q P.S.B. South 30 West $001, West 280', North 450', North 60 Fast 500', East 260' to P.O.B. i CL Commencing at Southeast corner of Section 15, Township 48, Range 25, run North 950' along section line, West 1430' to P.O.U.CD South 3151, West 1101, North 600 Wgst 230', i Co West 340', North 310', East 460', South 0 East 230'. to c P.O.D. C 0 Commencing at Northeast corner of Section 21, Township 48, 04 Range 25, run South 650' West 200' to P.O.B. South 13001, p West 120', North 501, west 400' to the southerly hank of 04 Cocohatchee Inver, run along said Yank approximately 350' d to an approved bulkhead line as recorded in Bulkhead Line PB 1, Page 16, then run northwesterly 750' along said approved bulkhead, thence South 430', West 2501, South 19019 0) Neat 850' North 250', west 27301, 'North 2030' to 4ection line:, thence easterly 4830' along North section line, South 6601, 04 Bast 470, to P.O.B. Q Commencing at Southeast corner of Section 22, Township 48. � Range 25, run North 2570' along section line, hest 1500' to U p.o.B. south 230', South 600 East 3601, south 430'. South m 60o East 7601, South 2701, North 600 Nest 770'■ North 160'. West 375', North 170', North 300 West 180', North 1401, Kest 3501, North 300 Wcat 7901, West 400', South 260', West 2451, i L North 1401, North 600 west 4001, West 2101, North 270', Worth. 60 west 73O'. North 440'6 West 450', North 200', Nest 1509, North = 4001,•Fast 200', North 45 Pagt 1150', East 370'. !South 130' {LO South 60o West 400', South 45 west 500', South 310', South .'40 30 Fast 410', South 600 East 1450', Past 610', South 240', 00 South 60o East 840' to P.O.B. c s, Commencingat Northwest corner of section 25, Township 48, o N Range'25, run East 662', south 160' to P.O.B. Fast 350 , 04 c South 280', East 370', &both 410',.14est 350', North 180'. .. Y{ J Z;_ !test 370'. North 510' to a.o.H. E s { � Q Order: 5836135 Page 19 of 28 Requested 6y: bstjohn, Printed: 1 20/2022 2:52 PM Doc: FLCOLL:638 00021 Packet Pg. 219 9.A.1.c 40 Commencing at Northeast corner of Section 25, Township 49, Range 25� run South 700' Went 1200' to P.O.U. South 3501, South 60 West 330', North 600 West 230', North 250', forth 60 kept 30010 East 270' to P.O.S. Commencing at Northwos& corner of Section 27, Township 46, Range 25, run South 1 00t 37' past, East 510', to P.Q.U. East CUP, South 300 Fast 7201, South 760', West 420', North 300 west 680'. North 150', North 300 Went SZO', North 200' to P.o.B. Commencing at Southeast corner of "etion 34, Township 48, Range 256 run West 120' North 30o West 14101, North 3801, North 30 East 1901, North 250', North 30 rest 1001, North 360' South 30o East 1350' to the east line of Section 34, Township 48, Range 25 thence southerly with section line -to Southeast Corner exolueling there from that por.tien of the Seaboard Coastline right. -of -way lying within the above description. Commencing at Southwest corner of Section 35, Township 48d Range 25, run North 900' East 1040', South 4601, South 45 West 5201, South 1001, West along the south section line to the P.D.S. Commencing at Northwest corner of section 7, township 48, 4b• Range 26, run South 2075' along section line to P.D.R. East 890', South 460', West 890', North 460' to P.O.H. Commencing at Northwest corner of Section 7, Township 48, Range 26, rut; West 3045' along section line , South 1l0' to P.O.S. South 595', South 300 Most 2401, South 3201, East 648', South 870', West 430', North 3101, West 160', North 30 West 440'., North 200', North 450 West 3101, North 600 West 350', North 290', East 4701, North 4201, East 370 " to P.O.B. F Commencing at Southeast corner of Section 7, Township 48 Range 26, run North 1750' along section line, West 460' to P.O.B. west 4301, North 30 West 580', North 250', East 470t, South'30e Past 5101, South 310' to P.U.H. Commencing at Southeast corner of Section 7, Township 48, Range 26d run West 2415', North 90' to P.O.H. West 1001■ North 60 West 390', North 190', Bast 590', South 250', South 450 West 190' to P.O.B. commencieg at Northwest corner of Section 8, Township 48 Range 26, run 2430' to P.O.D. East 790'■ South 3401, peat 3001, South 380', west 690', North 30 Hest 825' to •:2 P.Q.H. Ccmn+encing at Southeast corner of Section 8, �ownship 48, Range 26,ran North A184' to P.O.B. North 60 West 7601, !forth 2301, North 45 East 6201, East 2301, South 1060 to P.D.B. iY Commencing at Northwest corner of Section 8, township 48 Range 26, run South 1470', past 560' to P.O.U. East 47P. Fouth 490', South 300 Kest 2751, South 6751, Best 5051, North 4551, North 300 Y.ast 3401, forth 640' to P.U.B. Commencing at Southwest Ctrrner of Section 9 Township 40, Range 26, run East 905, to p.O.A. North 306 East 360', -1. East 320 , South 30 Fast 350' , West 670' ulong soction liner s to P.O.H. .3:: Order: 5836135 Doc: FLCOLL:638-00021 Q 3 Y v m 81 C 2 LO 0 co M O 0 O N N O N J a c � Q Page 20 of 28 Requested By: bst)'ohn, Printed; 1 20 2022 2:52 PM Packet Pg. 220 9.A.1.c mi.t 41 Commencing at: the Northcrcet cornox of Section ll, Townahip 48, Range 26, run southerly 630' along the r;cct•ion line to F.0.13. thonco continuing southerly along the section line to the Southeast corner, than westerly along the south necti,on line to the Southwest corner t on northerly along tltin wart section line 1750', then North 45 Fast V S0', East 670', North 450 Fast 20701, East 15701, North 45 Fast 610', East 250' to P.v.rt. Commencing at tha Northwest corner of Section 11, Township 48, Range. 26, run easterly along the north section line 7B0', then south• 150' to P.O.B. Run East 530' South 735', West 530', North 735' to P.O.A. Commencing at the Northeast corner of Section 13, Township 40, Range 26, run westerly along the north section line 170' to P.O.A. then South 330'■ South 600 west 15701, West 700', South 570', South 30c west 3901, South 3401, best 540', North 410', North 60 West 15001, North 180', North 600 West 500', West 300' to the west section line, then northerly along the section line to the Northwest corner, then easterly along the north section line to P.O.A. Commencing at the Northeast corner of Section 13, Township 46. Range 26, run south 980', then Went 520' to P.Q.S. South 4fi0'. West 3501, North 460', East 350' to Y.O.H. Commencing at the Northeast corner of Section 14, Township 46 Range 26, Run goutherly along Fast section line 1310', Heat 410', North fi0 West 1320', South ir00 West 900', West 280', North 300 West 720', North 490' to the North section line, then Fast along section line to P.O.A. Commencing at Northwest corner of section 16, Township 40, Range 266 run East 205' to P.D.B. Fast 670' along section lino, South 30 West 360', West 320', North 300 West 340' to P.O.A. Commending at Northwest corner of Section 17, Township 48, Range 26, run south 1300' along section line, East 300' to P.O.B. South 440', Fast 370', North 440', hest 370' to P.O.B. Commencing st Southwest corner of section 17, Township 48, Range 25, run North 170' along section line to P.O.B. East 130', North 610', West 1300. south along section line to P.O.R, Commencing at Southwest corner of Section 16, Township 48, Range 26, run East 330' along section line to Y.O.B. . North 300 East 1801, East 380', South 1601, West along section line to Commencing at Northeast corner of Section 18, Township 48, Range 26, run South 1450' along section line, West �a, to p.O.H. South 500', west B501, North 260'. North 45 East 3201,,. East 620' to P.O.H. Commencing at Southwest corner of Section 18, Township 48, Range 26, run -North 620' along section line, Fast 9so, to piO.s'. xast-775'. South 450', West 250', Borth 60 West 3BG1, went 2001, North 265' to P.0.8- Comgencing at Southwest corner of Section 18, Township 49, Range 26, run Borth 1705' along section line to P.O.B. East 1030'. North 6501, Rest 10301, South 650' along section line to P.O.S. i Order: 583b135 Page 21 of 28 Requested By: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 221 9.A.1.c Commcnc:inq aL houtheszt coknor of Section 18, Township 49, mange 26 run Vast 13101 along section line# North 700' to P.U.R. West 4501, Nogh 470' , North 450 rmat 240' , Vaut. 55a' , South 4201, Saut.h 4S west 38o' to P.C.U. Commencing at Southeast corner of Section 18, cownship 43, Range 26, run North 170* along section line to P.O.H. Hest 330', North 6101, Fast 3301, South 610' along section line to P.O.B. Commencing at Southwest corner of Section 19, Township 48, Range 26, run North 2510' along section line, Fast 1605' to P.O.D. North 60 Fast 6701, South 60" Fast 5701, South 3301, South 6e west 650', South 7001, West 530', North 1290' to Commencing at Northeast corner of Section 19, Township 48, Range 26, run South 2160' aI.ong section line, west 1555' to P.O.B. South 455', West 460', North 4551, Fast 460' to P.B.A. Commencing at Northeast corner of Section 19, Township 48, Mange 26 run South 960' along section line, west 1400' , North 306 West 3201,'North 60 West 460'. North 440' East along section line to P.O.H. Commencing at the Northwest corner of Section 19, Township 48, Range 26, run Fast 1310' along section line, South 1155' to P.O.B. East 450', South 4901, West 450', North 490' to p.O,B. Commencing at Northwest coiner of Section 19, Township 4S, Range 26, run South 1300' along section line to P.O.A. North 60' East 350', Past 400', South 5001, South 600 Hest 83t1', " North along section line to P.U.11. COMMenci.ng at MOrthwest corner of Section 19, Township 48,. Range 26, run South 470' along section line to P.O.B. East 3201, South 4201, West 320',-North 420' along section line to P.U.H. Commencing at Northwest corner of section 19, Tvanship 49, Range 26, run East 320' along section line to P.O.S. Continue East 480' along section line South 150.1, South 60o West 3201, Hest 200', North 320' to R.Q.B. Commencing at Southeast corner of Section 21, Township 49, Range 26, run North 1500' along section line to P.O.B. South boo West 4201, west 310', South 600 West 5001, North 440', North 609 Fast 7301, F'.aat 4901, South along section line to P.O.B. Commencing at Northeast corner of Section 21., Township 40, Range 26, run best 10501 along section line, South 13101, West 450", South 30o Best 5301, west 340', North 3•go west 500', North 300 Fast 640', East 6301, Worth 30P East 2901, North 45a West 775', Last along section long to P.U.�i. - Commencing at Northeast corner of Section•23, Township 48_, Ral?ge 26, run West 2105' along section line, South 470' to, P.O.B.• South 700' South 6dD nest 520'1 North 1200''South 600 East 520' to P.U.B. Commencing at the Northwest corner of Section 24, Township• 48, Range 26, run southerly along the section i�ne 490' to P.P.B. thence east 2660', South 65010 South 45 Rest 3901, Sv Ah 2200', mast 3g0', worth 450 West 3501•, North 9001, host 300" South 30 West 600', west 5501, North 300 West 8301, North 400', Hest 720' to the west section line, thence northerly along the section line 1380' to P.O.B. R L 0 w C to d Q' w to W C J J C d C d Q a 0 00 M 0 0 o N N 0 N J a Order: 5836135 Doc: FLCOLL:638-00021 Page 22 of 28 Requested By: bstjohn, Printed: 2 2 PM Packet Pg. 222 9.A.1.c R ws mr-c i 43 •-0 Commencing at thct SouChtaest corner of Section 25, 'rown:ship 4II, }tarjge 2r, run northerly along the Wast %c:ctiun line 59o', Erst 2zO', North 300 East 450, Fact 3501, South 4501, south 6ts� Ile -at 3101, Wost 180°, North 300 Wont 250, to P.O.B. Commencing at the Northeast corner of Section 25, Township 48, Range 26, run southerly along the cost section line 190, to P.o.i3. then continuing souther`y along the section 8501, South 45 Wost 770', West 7691, North 410', North 30o Fast 7501, North 450 East 4701, Y.ust 610' to P.O.B. Commencing at the Northwest corner of Section 25, Township 48, Range 26, run easterly 22901, South 120' to P.O.B. then run Fast 6801, South 62011 West 4901, South 600 West 2601, West 300', North 280', North 450 East 470', North 130' to P.O.B. Commencing atrtho Southwest corner of section 28, Township 48, Range 26, run 38st 1810' along section line, North 1130' to P.O.B. North 30 nest 1501, North 600 west 490', North 90', North 300 Fast 3601, Fast 2601, South 300 Post 410', South 4301, Rest 160, to P.O.B. Commencing at the Southeast corner of Section 28, Township 480 Range 26, run West $90' along section line to P.A.B. West 710' algnq section line, North 701, North 660 3?.ast 4500, South 60 East 3601, South 120' to P.O.M. Commencing at the Northeast corner of section 28, Township 49, Range 26, run west 990' along section line to E.O.B. Hest 710' along section line, South 1101, South 30 East 2401, Fast 4801, North 300 East 180', North 170' to P.O.B. Commencing at the Mrthwest corner of Section 2, Township 49, Range 25, run East 800', South 6001 nest 60', South 20504, West 350'. Worth 21001, North 451> West to West section line, North on best Section line to P.O.B. Commencing at Northwest corner of Section 2, Township 49, Range 25o run South 3220', Fast 530' to P.O.B. East 3701, South 45 East 3901, Fast 2504, South 460', south 450 West 220', West 6001, North 2201, West 1201, North 740' to P.O.B. Commencing at the Southwest corner of Section 12, Township 49, Range 25, run North 005' along section line, East 1101,' to P.D.B. North 400', North 601 Fast 310', East 2301, South 30o W-est 630', West Igo' to P.O.B. Comencing at Southwest corr-er of Section 12, Township 49, Range 25, run West 875' along section line, North 410' to P.D.B. North 3604, North 0 East 9501, vdrth 380', East 320', South 3101, South 30 Hest 6201, South 4201, south 30o Nest 3501, west 280' to P.O.B. Commencing at the Southwest corner of Section 13 , Township 49, Range 25, run *orbs 710' along section line, Fant 735'• to P.D.B. North 7001, Last 7301, South 7001, hest 730 to P.O.B. Commencing at the Southeast corner of Section 13, Township -49, Range 25, run North 1610' along section lines, Went 2015' to P.O.E. Worth 640', Hest 6551, South 640' East 655' to P.O.B. r�. sr- Order: 5836135 Doc: FLCQLL:638-00021 Page 23 of 28 Requested By: bstchn, Printed: 1/20/2022 2:52 PM Packet Pg. 223 9.A.1.c Orde Doc: 9 .. Of. 638 na 44 Commencing at Southeast corner of Section 1.5, Tows,NlAp 49, Ran7o 25, run North 350' a�ong section line to P.O.Is. Wt,at 595 , Worth 2101, Worth 3D yayt 2001, North 270', North 600 Fast 5101, South 1030' along section lino to P.O.4. Commencing at the Southeast corner of Section 22, Township 49, Range 25, run Rest 740' along section line, North 670' west 210' , North 600 West 6001, North 175' North 300 Fast 310'1 Eaut 630' North 10001, North 606 Bast 6501, North 750', North 606 West 75', North 510', North 300 Went 7101, North 650', East 595' along section line, South along section line to P.O.R. Commencing at the Southeast corner of Section 25, Township 49, Range 25, run West 850' along section line, North 235' to P.O.E. West 9201, North 6751, Fast 9201, South 675' to F.O.H. I.. Commencing at the Northwest corner of Section 26, Township 49, Range 25, run South 2680' along section line, East - 270', North 2680', best 270' along section line to P.O.B. Commencing at Northeast corner of Section 26, Township 49, Range 25, run West 1400' along section line, South 210' to P.O.A. West 4501, South 30 West 3601, West 3001, South 230', East 930', North 550' to P.O.B. Commencing at Northeast corner of Section 26, Township 49, Range 25, run West 2790' along section line, South 305' to P_6.8. Best 450', South 3601, East 450', North 360' to P.O.B. Commencing at the Northeast corner, Section 27, Township 49, Range 256 run West 730' slang section line ,oScu:t f:5�■ south 30 East 62 , South 1010', South 30 West 5601, South 330', East 250', South 1201, South 3Do West 1150', South 3401, west 751, South 470'- South 300 West to section line, East along section line-800", North 5401, North-609 West: 46D', North 380', North 300 Epst 16201, North 2700' along section line to P.O.B. Commencing at Northeast corner of Section 34, Township 49, Range 25, run West 450' along section line to P.O.H.■ West 800', south 2125' to a point on the West bank of the Gordon River, follow southerly the meandar of the river to a paint on the Naples City Limits, follow Bast 690' along City limit line to East line of said section, North 1875' along section line, West 2101, North 600 West 65D', North 1040'■ North 300 East 720' to P.O.is. Commencing at the Southeast corner of section 3, Township 49, Range 26, run west 1410' along the south section line to P.O.B. Continue west 700' along section line, North 450 West 5101, North 2501, East 10501, South 610' to F.D.B. W Commencing at the Northeast corner of sectiea 4, Township 49. Rang 26, Run west 2040' long section line to P.p_n. , South 770'■ F West 9701, North 45 , West 450'. West 2101, North 450'■ East 1500' along section line to P.Q.R. Commencing at Southwest corner of section 7, Township 49, Range 26, run Last 1150' along section line to p.O.B. North 68D', west 100', North 3901, East 3751, South 10701, West 205' along section line to P.O.B. Commencing at the Northeast corner of Section 10■ Township 49, Mange 26, run West 1410' along the North section line to P.O.B. 'Continue West.680' along section line, south 1951; Sc.•.t* Rgo �a:,t 250' , Raat 120' ■ North 450• rasL 51.0' to F.0.I1. v.. r: }•`i: ��.-Y,it}ti 1%+,�•r..:.i_.,�:i.li-• .. 7:'.�•,i-i.r..3.Ik.n. 5836135 Page 24 of 28 Requested By: b3 john, Printed: 1/20/2022 2:52 PM FLCOLL:638-00021 Packet Pg. 224 9.A.1.c r F 638 Pv 45 Comiaanc.i.ng at t.ho NorOxwoA, rorncr- of section 13, Townahip 49, Ilftnge 26,(Culden Cate Unit 15) run i:aut 2490', eouth 70' to thence South 450 West 400', south 450 EusL 2001, North 450 Fast 11Mp', Korth 45" West to 11.0.13. Commencing at the- Southeast corner of Section 15, Township 49, Ranyu 26, run North 1010' along nection line (SR858) West 1390' to P.O.A. Went 1190'. North 3001, North 45u Past 7601, East 1100, South 400', South 450 West 630' to P.O.n. Commr:ncincg at the Northwest corner of Section. 17, Township 49, Ranyr. 26, run Fart 1645' along section 1-ine to P.O.B., Jouth 3601, East 215', North 450 East 500', West 570' along section line to P.D.R. Commencing at the Northwest corner of Section 14, Township . 50, Range 25, run last 1430' along section line, south 635. , S4k, west 1000', Snuth 2651, West 310', South 6601, Nest 420', North 2255' along section line to P.O.B. Commencing at the Northeast corner of Section 24, Township 50 „ Range 25, run South 1750' along section line to P.Q.B. Hest 1090'. South 450 west 11801, South 530', South 45o. East 1300' to a point on the Northwest -Bank of the canal, run along the northwest bank of the canal 1520' to a point where the canal intersects the East section line, run North 1190' along section line to P.O.D. Commencing at Northwest corner of section 25, Township 50, Range 25, run South 570' along West section line, East 570' to P.Q.B., south 4601, Fast 3651, North 4601, West 3651.`to P.Q.D. Co=encing at the Southwest corner of Section 25, Township 50, Range 25, run North 440' along section line to P.Q.B. North 45o East 1980', North 10201, West 300', South 451 West 1530', South 1320' along section line to P.O.B. Commencing at the Northeast corner of Section Is,.Township 49, Range 26, run West 450' along section line to P.O.B. south 3651, south 300 west 770', West 470', North 300 East 1200', East 260' along section line to P.O.B. Commencing at Southeast corner of Section 29, Township 49, Range 26 (Golden Gate Unit 30),run Westerly 1380', along South section line of said section, North 1424' to P.O.B. Thence East 150'■ North 45o past 230', North 340'. West 310"1 South to P.O.M. Commencing at the Southeeast corner of Section 29, Township 49, Range 26 (Golden Cate Unit 30) run Westerly 1490' along South section line of said section, North 1660' to P.O.B. Thence Borth 160', West 200', South 160', Fast to P.O.B. commencing at the Northwest corner of Section 30, Township 49, Range 26, run south 1640' along section line, East 1160' to P.O.B. East 3251, south 459 East 310', south 910',-went MIS North 450 vast 690', tiorth•3051, North 450 East 235to P.O.B. ;:. commencing at Northwest corner of Section 1, Township 50, Range 25, run South along Nest section line 2620', East 70' ° 3•.` F.O.B. Thence forth 45° East fox 220', North 1601, Nortss 45 g_'.. East 3009, Past 240', South 360', South 45o West �70', lfest 160', South 1401, wesV 50'■ North 170' to P.O.B. Commencing at Northwest corner of Section 12, Township 50, Range 25, run South 1540', cast 800' to P.O.D. south 6501, Last 250', south 640'; East 300', North 1280`, Frost 550' to P.O.B. Order: 5836135 Page 25 of 28 Requested By: bAchn, Print : 1 2D 2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 225 9.A.1.c Commencing at the Southwef;L corner of 3ecLion 10, Tow138hip 50, Range 26, run North 15401, along section line, Fntft 470' to P.O.B. North 5201, Faut 4101, South 520' , west 410' to P.O.R. Commencing at the Southeast corner of Section 15, Township 50, Rangy 26, run North 670' along section line, %40tt 650, to F.O.H. North 500'. West 2501, South 500', East 250' to P.R.B. Commencing at the Southwest corner of section 16, Township 50, Range 26. run Easterly along South section line 1580', thence North 60' to P.O.B. Thence North 360'. East 90' NO t.h 70', East 270', North 450 Last 480', North 1801, North 45 East 6601, North 1701. Fast 2401, North 1101, East 1401, North 570', Fast 140', North 3301, East 4401, South 2901, East 290, South 9701, West 1050'. South 450 West 290', South 3501, West 18o'. south 7601, west 970' to P.O.B. Commencing at Southwest corner of Section 16, Township 50, Ranqe 26. run North along west section line R50' thence East 1600' to P.O.B. North SOO', Fast 270', North 120'. East 2001, Sov.th 5501. west 801, South 70', West 390' to P.Q.B. Commencing at the Northwest corner of Section 19, Township 50, Range'26, run Sopth•1460' along section line•to P.O.B. East 9751, Southeasterly along the Southwest right-of-viay US 41, run Southwest 400' on a line perpendicular to US41, Southeasterly 260" on a line parallel to US 41. Northeasterly 400' on a line perpendicular to US 41, thence southeasterly 480' along the southwest right-of-way US 41, South 45o West 1100', Vest 700', North 1410' along section line to P.O.D. Commencing at the Southeast corner of Section 20, Township 50, Rance 26 run West. 10201, North 6E01, East 240'. North 290', East 270', North 7801,. East. 3701, North 3001, Fast 1251, South 2050' along section 'line to P.O.B. Commencing at the Southeast corner of Section 22. Township SO, Rance 26, run north 860' a1$rng section line, Heat 580, to P.O.B. West 250', North 45 West 600', North 325', Fast 3901, south 45o East. 390', South 475' to P.O.H. Commencing at Northeast corner of Section 25, Township 50, Range 26, run South 1325' along section lane, ifest 1950' to p.O.B. south 515', Hest 4451, North 5151, East 445' to P.Q.B. Commencing at the Southeast corner of Section 25, Township 50, Range 26, run North 450' along section line, West 115S' to P.O.B. North 910', West 170', South 45o Hest 6401, South 45a', East 640' to P.C.B. ' Commencing at Northwest corner of Section 30. Township 50. -Range 26, run East 1240' along section line -,South 1930'. hest 12401, North 1930' aloha section line to 'P.O.B. Commencing at Northeast corner of Section 3, Township 51. Rance 26, run Southerly along East section line 420' to P.g.B. Thence Southerly 1150' along section Sine thence south 45 West 420' Nest 470', North 380'; North 45. West•550', North 45P Fast 12701 thence South 450 East to P.O.B. Commencing at the Northwest corner of Section�S, T*wnshig 51, Range 26, run Bast 1150' along North section line, South 220, East 16501, South 3501, Neat 6501, South 45o West 2201, Nest mot. south 450 west Boot, Hest to Nest section line, !forth along West section line to P.O.S. li� r.x ;a.1.: •. '. ' aL"ku.:9C�i+=.. ,..'.5.:•,y.:..jr''..�,_.._. :,f•. . - .. .. . Order: 5836135 L Page 26 of 28 Doc: FLCOLU638-00421 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 226 9.A.1.c s fi38 Put 47 ., Commencing at the NorlhWVPL Coiner of Section 8, 11ovinship 51, Rwnke 26 run East 2000' along North erection line. South 550' South 45a East 25501. East to FasL section 11.ne, South to Southeast corner, West to Southwest, corner, North along West section lino to P 0.33 commencing a+ Southwest corner of Section 15, Township 51, Range 26, run North along West section line to Barefoot Williams Road, Sot►theastrrly along Barefoot Williams Road 14001, South to South section line, Vktst along South section line to P,O.b. Commencinq at Northeast corner or Section 16, Township 51, Range. 26, run West 1000, to P.o.u. south 4201, Fast 330' to barefoot Williams Road , thence southerly along Barefoot Williams Road 1500.1 thence Fast to Fast section line. South along East section line to Southeast corner, Westerly 1180' along the South section Line, North 2.00'. West 280'. North 4801, West 3001, North 3201, West 360', North 440'. West 200', North 460', West 2801. North 1401, West 3001, North-4001, West 480', north 460', West 480', South 15601, ]Nast 3601. North 320', fast 206', South 3201. East 140', North 120',Fast 360', South 540' West 4601, North 220'. West 300', South 400', East 5401. South 2001, East 1801, South 2801, West 500', South 240' Westerly along South line of said section to Southwest corner, northerly along West line of said section to Northwest corner, 'Easterly along Worth section tine to F.O.R. rommeacing at the Northwest corner of Section 22, Township 51. Range 26, run easterly along North section line 28501, thence 5300 Zast 2000' the S60o Past 1300' thence East to Bast section line South to Southeast oorne`r.-west to South- west corner, North along West section line to P.O.B. Commencing at the southwest corner of section 23, Township 51 Range 26 run North along West section line 3060', thence East 550'.South 600 East $001, East to East section line, South along East section line to southeast corner, West on - South section line to P.O.R. Commencing at Southwest corner of Section 24, Township 51. Range 260 run North along West section lice 31001, Salt 6000,. South 60 Fast 1750', East 600', South 45 East to South section line, Went along South section line to P.0_8. C ';V sz v m C 'L ca d u7 O cc M O O O fV N O N J a c E M U M r Q Order: 5836135 Page 27 of 28 Requested 6y: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 227 9.A.1.c SECTION TWO: p(! PACE 48 This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. Dated: December 9, 1975 • ATTEST: MARGARET T. SCOTT, CLERK _)vs larl BOARD OF COUNTY COMMISSIONERS COLLIER COt%TY, FLORIDA By da"ok] Rude Wimer, C man Approved as to,form and legality: Donald A. Fickwortg-, ounty ttorney 'I COL too GMlM". /IOMA& , �' Y�111.I1 t. 1 9— 0r.1 M OMA CMI . .. ',�_�r-•r .s •,y ` .. .a5�1 ��±a �.1�i Y..hk.Yia7lra�..:: :._ .,...... .... :... w .w r.v.. ...... . . ._. ... . .-.;r.:r..nr. Y j•�4. Order: 5836135 Page 28 of 28 Requested By Doc: FLCOLL:638-00021 Q v m co a7 C �L LO O 00 M O O O fV N O N J a c 47 E t U m bd Q Printed: 1/20/2022 2:52 PM Packet Pg. 228 9.A.1.c Environmental Impact Statement JLM Living East Residential Planned Unit Development Prepared for JLM Living C/O Dan Deichert CEO 3839 Bee Caves Road # 205 Austin, TX 78746 1 Feb 2023 Packet Pg. 229 9.A.1.c Table of Contents 1.0 INTRODUCTION ................................ Page 3 2.0 EXISTING SITE CONDITIONS ................................ Page 4 2.1 Soils .............................Page 4 2.2 Vegetation and Habitat Potential ........................... Page 5 2.2.1 Uplands ............................ Page 5 2.2.2 Wetlands ............................ Page 5 2.2.3 Habitat Potential ............................ Page 6 3.0 PROTECTED/LISTED SPECIES 3.1 Wildlife 3.2 Vegetation 4.0 NATIVE VEGETATION PRESERVATION 5.0 SUMMARY ............................ Page 6 ............................ Page 6 ............................ Page 7 ........................... Page 7 ............................ Page 7 Y V R m 01 C •L fC d Lf') O co M O O O N N O N J d r C d L V R r r Q Packet Pg. 230 9.A.1.c 1.0 INTRODUCTION The JLM Living East Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001 and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Sundance St. on the south and Ventana Point development on the east. The latitude/longitude information for the center of this site is 26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52 seconds West. 1 The developer of this project is: JLM Financial Partners Dan Deichert CEO # 205 3839 Bee Caves Road Austin, TX 78746 The project planner is: Wayne Arnold, Planning Director Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 WarnoldCcDgradyminor.com The project engineer is: Grady Minor P.E. Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 GminorCcDgradyminor.com The project ecologist is: Brown Collins Synecological Analysts® Inc. 2159 Morning Sun Lane Naples, FL 34119 brown(a-)synecol.com The proposed project is to develop a multifamily residential development. Packet Pg. 231 9.A.1.c Synecological Analysts® (SAI) conducted an Environmental Assessment on this site. This document responds to the Collier County requirement of an Environmental Assessment Report. SAI evaluated this property to determine distribution, extend and character of vegetational communities. Habitat types, jurisdictional wetland status, potential or presence of listed species and suitability of the on site habitat for listed species habitat were also evaluated. Soil types, distribution and extent were determined to assist in the other evaluations. Findings and conclusions are presented in subsequent portions of this document. We also include a Phase One Environmental Assessment done by RMA GeoLogic Consultants, Inc. 2.0 EXISTING SITE CONDITIONS The proposed development consists is an assemblage consisting of five parcels. The northern half of this parcel is relatively undisturbed, with a few depressional trails that may well have their origin as fire lanes during wildfire control efforts years ago. The southern portion of this assemblage is cleared in large part by activities decades ago. The four residences and associated outbuildings occur near the center of this site. This is not a pristine site that approximates the pre -development character of this general area. Plant communities and habitat have been impacted over time. A variety of exotic vegetation are present but do not dominate any significant portion of the site. Regional and area drainage has been massively disrupted, by regional and local drainage projects decades ago. Plant communities and land uses were identified according to the Florida Department of Transportation (FDOT1991) Florida Land Use, cover and Forms Classification system (FLUCCS as modified for SFWMD,2002) protocol. The FLUCCS Exhibit on the following page identifies and delineates extant communities and land use. These are presented as Habitat Types and a description of their character on this site is presented in the following sections. 2.1 Soils This site is not edaphically complex. Rivera fine sand, limestone substratum comprising approximately half of the site while the Cypress Lake, limestone substratum comprises the remainder. A general description of the character of these soils is presented in Appendix A. The combination of regional drainage impacts, a primary canal bordering the site to the north and nearby on the west, road drainage and development, and agricultural drainage networks for this portion of Collier Co. have drastically altered the original hydrologic character of these soils by fracturing the cap rock that perched the shallow water table for much of the dry season historically.. Originally these soils occurred on drainage ways on marine terraces in dip landform position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of the Cypress Lake series and 50" for the Riviera soils. Packet Pg. 232 o 433800 26o 16 26" N 1 260 15' 55" N 433800 433900 434000 434100 434200 3 Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet. o Meters N 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Collier County Area, Florida (JLM East soils) 433900 434000 434100 434200 9.A.1.c o 260 16' 26" N Q Nd U m m C �L LO 0 00 CO) O O O N N O N J d r C d 260 1555" N = L) R 3 r � Q 1 P Packet Pg. 233 Soil Map —Collier County Area, Florida 9.A.1.c JLM East soils Map Unit Legend Map Unit Symbol Map Unit Name Disturbed Percent of AOI 102 Cypress Lake fine sand -Urban No 55.1% land complex, 0 to 2 percent slopes Matlacha-Cypress lake -Urban No 121 0.2% land complex, 0 to 2 percent slopes 131 Riviera fine sand, limestone No 44.7% substratum -Urban land complex, 0 to 2 percent slopes Totals for Area of Interest NONE 100.0% USDA Natural Resources Web Soil Survey 10/19/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Packet Pg. 234 9.A.1.c 3.0 VEGETATION AND HABITAT POTENTIAL 2.1 Uplands There are approximately 22.1 ac of likely upland communities in this assemblage There are six land use types identified on these parcels. Some are discrete and some are in combination with another upland FLUCCS type. They are shown on the FLUCCS map that follows this page. They are discussed in numerical order. 1100 - Low Density Residential - There are four houses on this assemblage that all appear to constructed in the 1980's. They and the out buildings associated with these residences cover approximately 0.67 ac. 2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near the center of the property. During the wet season, it is frequently inundated but displays it tame pasture characteristics with increased vigor in the dry season. 4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone dominant on this site. It is found at the Southeast corner of the assemblage in conjunction with tame pasture. These Slash pine are mature and created a Pine Savanna viewscape when combined with the Tame Pasture community component in this FLUCCS combination. There are approximately 9.06 of this type in this assemblage. 4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but as it is often found, in conjunction with either wetlands that are trending more xeric or naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This species occurs in both instances on this site. 6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a codominant undercanopy comprised of Cypress and Cabbage palm. Although not strictly a wetlands community, this FLUCCS type represents a transition between mesic upland and hydric sites. It is the most pristine of the on site communities which is surprising given its upland status on a site with significant wetlands communities. Historically it is often easier to access upland areas so they are the first impacted by human activity. 2.2 Wetlands 2.2.1 There are approximately acres 15.1 of wetlands FLUCCS categories on this site The community composition and structure is discussed below. FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond cypress of varying sizes and degrees of vigor. Most mature tree of this species are in decline as manifested by near total heart rot infestation throughout the mature tree component of this community. The Cabbage palm are consistent throughout, but not as Packet Pg. 235 9.A.1.c Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 6210-4280 Pine Flatwoods - Tame pasture Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 I CSYN!EC13L� AL ICLYSTS ENVISONMEWAL EVAILAMON AND ADVUC 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com n t. s i t I �±'� w ?4. � tAM Immokalee Rd PROJECT: JLM East - Fluccs Map DATE: Oct 25, 2022 DRAWN BY: NW _" N S 0 100 200 300 400 ft Site Location Packet Pg. 236 9.A.1.c tall as many of the Cypress. The younger Cypress are more vigorous than the more mature ones, perhaps because they were recruited after the historic water levels were significantly altered and adapted their growth habits based on site conditions. The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of the shrub strata in this area. Because the controlling strata is the 100% native species canopy the entire FLUCCS is not designate an "E" status 6240 Wet - Cypress - Pine - Cabbage Palm - The composition of this wetland community is different from the upland areas of this FLUCCS designation. Mature cypress dominate the area along with a less dominant Slash pine community of veteran trees. Cabbage palm are present, but primarily in the shrub and undercanopy. 2.3 Habitat Potential This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a parsimonious herbaceous strata because of the dense tree canopy. Listed species evolved under native/natural conditions and strongly prefer these area. It is highly likely that Listed species that might frequent this site would be associated in one way or another with the canopy. Synecological Analysts® Inc. conducted a listed species survey of the referenced parcel. No sightings, sign or other evidence of any listed species was observed. Several Black bear scratch trees were observed. 4.0 PROTECTED/LISTED SPECIES SAI conducted Listed Species surveys in both August and September, 2022. A complete listing of potential species can be found at the following link on the Collier County website https://www.colIiergov.net/index.aspx?page=352. The habitat quality of vegetation on this site is of limited suitability for potential listed species because of the combination of small size, major roadway boundary, adjacent developed area and exotic components in the understory. 4.1 Wildlife No nest, sign, calls, tracks or other indication of Federal or State listed species were encountered on this site. Special interest were given to the fill area boundaries along Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the Eastern indigo snake. Nothing relating to these species was encountered on or adjacent to this site. The absence of a viable herbaceous strata of desirable forage combined with almost complete canopy coverage and near surface rock make the non slope portions of this site degrade its Gopher tortoise habitat value. Because of the large number of Pond cypress root rot cavities there is a potential for their use by tortoise and awareness of their potential presence, especially at the site margins to the north and south where the burrow to forage distance is potentially manageable for them. The closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress of fox squirrel has adequate habitat to utilize this site. This site is located in the Packet Pg. 237 9.A.1.c Secondary Florida Panther Zone is bounded surrounded by development on two sides and a major roadway on a third.. Panther use would involve traveling through commercial and/or residential areas and across Immokalee Rd, making utilization of this site very unlikely. The absence of mature pine forests within miles of this site, exotic dominance of much of the site vegetation combined with surrounding development preclude this site as Red -cockaded woodpecker habitat. A visual survey of potential cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none suitable above the shrub canopy. There are numerous root rot cavities at the base of Pond cypress tress but the dense Brazilian pepper shrub structure make use of these somewhat limited. These cavities were examined visually for FBB sign such as guano. None was found. This site is not located in or near the USWSW Proposed Critical Habitat area for this species. The are no American bald eagle nest within miles of this site. Protected wildlife species lists are included in Appendix A for reference along with consultation areas for bonneted bat, panther consultation areas and zone map and black bear nuisance call , including two apparently from residents of this assemblage. Management plans for select listed species and a map showing the proposed bonneted bat Critical Habitat Areas are also included. 4.2 Vegetation Beyond the already mentioned Federal regulatory agencies, three additional agencies with primary purview over listing or tracking plant species are the Florida Fish and Wildlife conservation Commission (FWC), the Florida Department of Agriculture and consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were used for SAI's surveys of this site. No listed plant species have been observed on this site during our recent survey. The previous site impacts along with enormous exotic shrub component on this site make listed plant species occurrence very unlikely. 5.0 NATIVE VEGETATION PRESERVATION Collier County LDC requires the preservation of native vegetation on projects such as the one proposed here. Using the criteria put forth in the LDC, it appears that approximately 9.3 acres of this site meet the criteria. This area is proposed as Native Retention. The proposed retention are abuts the adjoining preserved area to the east, provides N-S mobility for animals and offers a complementary mix of habitat diversity. The combination of with the adjacent natural area has a multiplier effect of our proposed Native Retention area. In other words, adjacent they increase the habitat quality of both areas. There is a significant Brazilian pepper component of the proposed preserve area. Controlling these and other exotics along with the improved hydration resulting from this development will increase the UMAM/WRAP values of this area. 7.0 SUMMARY The JLM Living West Residential Planned Unit Development is located in Section 25, Packet Pg. 238 9A.1 c 0 CFSNEC�L0GICAL KNALY5T9 EHYI ROriMCMRL EVALOATIO H AH 0 A W OC— 21F,9 Mvming Sun Lane NAPLES, FLORIDA 34119 PHONE: i2391 514-31M www-synetol.com s Immokalee Rd'`- Total site area 37.20 ac PROJECT: Folio 00190520005 - Indigenous Preserve map DATE: Jan 27, 2023 a7\ TWATIVI 0111-7M01 LVITI ►F CL 7 Y V R m 01 C •L fC d Ln O 00 M O O O N 111 e. O 04 J E c r L V ti 0 100 200 300 400 fl Site Location Packet Pg. 239 9.A.1.c Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR 951/Immokalee Rd intersection on the south side of the road and is approximately 7.5 miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five parcels, Folio#'s 00191600005, 00191360002, 00191400001,0019144000 and 190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Ventana Development to the east and forested land on the south No wetlands jurisdictional efforts have been conducted on this site. If wetlands are encountered during the Federal and State agency review of these two parcels, they will be evaluated and mitigated consistent with State and Federal permitting protocols. No animal species were observed and no suitable habitat exists for them on this parcel because of exotic vegetation dominance resulting from impacts to this land over the years as well as adjacent development on three sides. Approximately 9.3 ac of native habitat are proposed for preservation. The location and extent of this preserve area makes optimal use of site characteristcs as well as those of the development adjacent to the east. Packet Pg. 240 9.A.1.c APPENDIX A Q N Q 7 Y V R m 01 C •L fC d Lf') O Co M O O O N N O N J d r C d L V R r r Q Packet Pg. 241 9.A.1.c Listed species Survey JLM Living East Residential Planned Unit Development Prepared for JLM Living C/O Dan Deichert CEO 3839 Bee Caves Road # 205 Austin, TX 78746 27 Jan 2013 Packet Pg. 242 9.A.1.c Table of Contents 1.0 INTRODUCTION 2.0 EXISTING SITE CONDITIONS 2.1 Soils 2.2 Vegetation and Habitat Potential 2.2.1 Uplands 2.2.2 Wetlands 2.2.3 Habitat Potential 3.0 PROTECTED/LISTED SPECIES 3.1 Wildlife 3.2 Vegetation 4.0 NATIVE VEGETATION PRESERVATION 5.0 SUMMARY 6.0 APPENDIX A • Resume ................................ Page 3 ................................ Page 4 .............................Page 4 ........................... Page 4 ............................ Page 4 ............................ Page 5 ............................ Page 5 ............................ Page 7 ............................ Page 8 ............................ Page 9 ........................... Page 9 ........................... Page 9 Y V R m 01 C •L fC d Lf') O co M O O O N N O N J d r C d L V R r r Q Packet Pg. 243 9.A.1.c 1.0 INTRODUCTION The JLM Living East Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001 and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Sundance St. on the south and Ventana Point development on the east. The latitude/longitude information for the center of this site is 26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52 seconds West. The developer of this project is: JLM Financial Partners Dan Deichert CEO # 205 3839 Bee Caves Road Austin, TX 78746 The project planner is: Wayne Arnold, Planning Director Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Warnold(@gradyminor.com The project engineer is: Grady Minor P.E. Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Gminor@gradyminor.com The project ecologist is: Brown Collins Synecological Analysts® Inc. 2159 Morning Sun Lane Naples, FL 34119 brown(@synecol.com The proposed project is to develop a multifamily residential development. Synecological Analysts® (SAI) conducted a Listed Species Survey on this site. Packet Pg. 244 9.A.1.c This document responds to the Collier County requirement of an Protected/Listed Species Survey. We evaluated species characteristics, habitat and forage requirements along and travel/migration overlaid on the distribution, extend and character of vegetational communities on this site. Habitat types, jurisdictional wetland status, potential or presence of listed species and suitability of the on site habitat for listed species habitat were also evaluated. Soil types, distribution and extent were determined to assist in the other evaluations. 2.0 EXISTING SITE CONDITIONS The proposed development consists of five parcels as presented earlier in this report. Regional, area and local drainage characteristics has been massively disrupted over time. Cycles of fire and renewal have been absent from this site for decades. Because of these and other related factors, the vegetation on this site is not a reflection of historic conditions. Plant communities and land uses were identified according to the Florida Department of Transportation (FDOTi991) Florida Land Use, cover and Forms Classification system (FLUCCS as modified for SFWMD,2002) protocol. The Exhibit on the following page identifies and delineates extant communities and land use. These are presented as Habitat Types and a description of their character on this site is presented in the following sections. 2.1 Soils This site is not edaphically complex. Rivera fine sand, limestone substratum comprises approximately half of the site while the Cypress Lake, limestone substratum composes the remainder. A general description of the character of these soils is presented in Appendix A. The combination of regional drainage impacts, a primary canal bordering the site to the north and nearby on the west, road drainage and development, and agricultural drainage networks for this portion of Collier Co. have drastically altered the original hydrologic character of these soils by fracturing the cap rock that perched the shallow water table for much of the dry season historically.. Originally these soils occurred on drainage ways on marine terraces in dip landform position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of the Cypress Lake series and 50" for the Riviera soils. 2.2 Vegetation and Habitat Potential 2.2.1 Uplands There are approximately 21.6 ac of likely upland communities in this assemblage There are six land use types identified on these parcels. Some are discrete and some are in combination with another upland FLUCCS type. They are shown on the FLUCCS map that follows this page. They are discussed in numerical order.. 1100 - Low Density Residential - There are four houses on this assemblage that all Packet Pg. 245 o 433800 26o 16 26" N 1 260 1555" N 433800 433900 434000 434100 434200 3 Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet. Fi Meters N 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Collier County Area, Florida (JLM East soils) 433900 434000 434100 434200 9.A.1.c o 260 16' 26" N Q Nd U m m C �L LO 0 00 CO) O O O N N O N J d r C d 260 1555" N = L) R 3 r � Q 1 P Packet Pg. 246 Soil Map —Collier County Area, Florida 9.A.1.c JLM East soils Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 102 Cypress Lake fine sand -Urban 25.5 55.1% land complex, 0 to 2 percent slopes Matlacha-Cypress lake -Urban 0.1 121 0.2% land complex, 0 to 2 percent slopes 131 Riviera fine sand, limestone 20.7 44.7% substratum -Urban land complex, 0 to 2 percent slopes Totals for Area of Interest 46.3 100.0% USDA Natural Resources Web Soil Survey 10/19/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Packet Pg. 247 9.A.1.c appear to constructed in the 1980's. They and the out buildings associated with these residences cover approximately 0.67 ac. 2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near the center of the property. During the wet season, it is frequently inundated but displays it tame pasture characteristics with increased vigor in the dry season. 4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone dominant on this site. It is found at the Southeast corner of the assemblage in conjunction with tame pasture. These Slash pine are mature and created a Pine Savanna viewscape when combined with the Tame Pasture community component in this FLUCCS combination. There are approximately 9.06 of this type in this assemblage. 4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but as it is often found, in conjunction with either wetlands that are trending more xeric or naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This species occurs in both instances on this site. 6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a codominant undercanopy comprised of Cypress and Cabbage palm. Although not strictly a wetlands community, this FLUCCS type represents a transition between mesic upland and hydric sites. It is the most pristine of the on site communities which is surprising given its upland status on a site with significant wetlands communities. Historically it is often easier to access upland areas so they are the first impacted by human activity. 2.2.2 Wetlands 2.2.1 There are approximately acres 36.7 of wetlands FLUCCS categories on this site The community composition and structure is discussed below. FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond cypress of varying sizes and degrees of vigor. Most mature tree of this species are in decline as manifested by near total heart rot infestation throughout the mature tree component of this community. The Cabbage palm are consistent throughout, but not as tall as many of the Cypress. The younger Cypress are more vigorous than the more mature ones, perhaps because they were recruited after the historic water levels were significantly altered and adapted their growth habits based on site conditions. The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of this area. Exotics, primarily Brazilian pepper cover between 26% but less than 51 % of this FLUCCS type . Packet Pg. 248 9.A.1.c 2.2.3 Habitat Potential This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a parsimonious herbaceous strata because of the dense tree canopy. Listed species evolved under native/natural conditions and strongly prefer these area. It is highly likely that Listed species that might frequent this site would be associated in one way or another with the canopy. Synecological Analysts® Inc. conducted a listed species survey of the referenced parcel. No sightings, sign or other evidence of any listed species was observed. Several Black bear scratch trees were observed. 3.0 PROTECTED/LISTED SPECIES SAI conducted Listed Species surveys in both May and June, 2022. Methodology The entire project site was field surveyed for protected species in using the FWC approved transect method. Transect spacing of 50' was employed throught. This survey covered 100% of this site. In addition to the transect observations, unvegetated sandy areas near the fence lines were checked for sign early in the morning. The site was observed aerially at low altitude using drone technology to check for additional indicators. Because the entire site was surveyed completely concerns regarding small linear communities and ecotonal areas were addressed thoroughly. The Transect Location Map shows surveyed transects. The survey was conducted by Mr. Brown Collins and Mr. Derry Stockbridge. Mr. Collins has a B.S. in Range Science (69) and a MS in Range Science with a specialty in Plant Ecology (72). His curriculum included 24 hours of wildlife science courses and 30 hours of plant ecology. Another 12 hours included taxonomy in these areas. He was employed by the US Soil Conservation Service from 1972-74 as a Range Conservationist. He was a staff ecologist for Dames & Moore from 74-76. Most of his work assignments were out of Boca Raton and Bartow. From 1976 to 1986 he worked as a staff ecologist for Espey, Huston & Associates. He has been self employed as a consulting ecologist since 1986. During that time, he has conducted field surveys throughout Florida for both vegetation and faunal components for many projects, ranging from small commercial tracts to phosphate mines and power plants. His first southwest Florida project was the permitting of an Exxon drilling pad in the Big Cypress National Preserve in 1975. Other regional projects of interest include ecological surveys in conjunction with Stat 4/5 of the Everglades Restoration Project and the wetland impacts and mitigation for expansion of the Florida Gas pipeline, a number of local mining and development projects. Derry Stockbridge has a B.S. (70) and MS (73) in Wildlife Biology from the University of Georgia (Athens). He has been employed as a wildlife biologist by the Southeastern Cooperative Wildlife Disease Study Unit (72-73). He was a staff ecologist for Law Engineering (73-74), Woodward-Envicon (74), Dames & Moore (74-79). During that time he was a wildlife project manager for such projects as the Turkey Point Nuclear Power Plant and the Miami Jetport. Mr. Stockbridge formed and worked for Wildlife Packet Pg. 249 9.A.1.c Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 6210-4280 Pine Flatwoods - Tame pasture Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 I CSYN!EC13L� AL ICLYSTS ENVISONMEWAL EVAILAMON AND ADVUC 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com n t. s i t I �±'� w ?4. � tAM Immokalee Rd PROJECT: JLM East - Fluccs Map DATE: Oct 25, 2022 DRAWN BY: NW _" N S 0 100 200 300 400 ft Site Location Packet Pg. 250 9.A.1.c Specialists, Inc. from 1979 through 2017. He has conducted dozens of species studies relative to Collier County projects as well as throughout south Florida from 1988 through 2022. He has been with Synecological Analysts® since 2017. A complete listing of potential species can be found at the following link on the Collier County website https://www.colIiergov.net/index.aspx?page=352. As discussed previously the habitat quality of vegetation on this site is not suitable for potential listed species. 3.1 Wildlife No nest, sign, calls, tracks or other indication of Federal or State listed species were encountered on this site. Special interest were given to the fill area boundaries along Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the Eastern indigo snake. Nothing relating to these species was encountered on or adjacent to this site. The absence of a viable herbaceous strata of desirable forage combined with almost complete canopy coverage and near surface rock make the non slope portions of this site degrade its Gopher tortoise habitat value. Because of the large number of Pond cypress root rot cavities there is a potential for their use by tortoise and awareness of their potential presence, especially at the site margins to the north and south where the burrow to forage distance is potentially manageable for them. The closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress of fox squirrel has adequate habitat to utilize this site. This site is located in the Secondary Florida Panther Zone is bounded surrounded by development on two sides and a major roadway on a third.. Panther use would involve traveling through commercial and/or residential areas and across Immokalee Rd, making utilization of this site very unlikely. The absence of mature pine forests within miles of this site, exotic dominance of much of the site vegetation combined with surrounding development preclude this site as Red -cockaded woodpecker habitat. A visual survey of potential cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none suitable above the shrub canopy. There are numerous root rot cavities at the base of Pond cypress tress but the dense Brazilian pepper shrub structure make use of these somewhat limited. These cavities were examined visually for FBB sign such as guano. None was found. This site is not located in or near the USWSW Proposed Critical Habitat area for this species. The are no American bald eagle nest within miles of this site. Protected wildlife species lists are included in Appendix A for reference along with consultation areas for bonneted bat, panther consultation areas and zone map and black bear nuisance call , including two apparently from residents of this assemblage. Management plans for select listed species and a map showing the proposed bonneted bat Critical Habitat Areas are also included. 3.2 Vegetation Beyond the already mentioned Federal regulatory agencies, three additional agencies with primary purview over listing or tracking plant species are the Florida Fish and Wildlife conservation Commission (FWC), the Florida Department of Agriculture and Packet Pg. 251 9.A.1.c consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were used for SAI's surveys of this site. No listed plant species have been observed on this site during our recent survey. The previous site impacts along with enormous exotic shrub component on this site make listed plant species occurrence very unlikely. 4.0 NATIVE VEGETATION PRESERVATION Collier County LDC requires the preservation of native vegetation on projects such as the one proposed here. Using the criteria put forth in the LDC, it appears that approximately 9.3 acres of this site meet the criteria. This area is proposed as Native Retention. The proposed retention are abuts the adjoining preserved area to the east, provides N-S mobility for animals and offers a complementary mix of habitat diversity. The combination of with the adjacent natural area has a multiplier effect of our proposed Native Retention area. In other words, adjacent they increase the habitat quality of both areas. 5.0 SUMMARY The JLM Living West Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR 951/Immokalee Rd intersection on the south side of the road and is approximately 7.5 miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five parcels, Folio#'s 00191600005, 00191360002, 00191400001,0019144000 and 190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Ventana Development to the east and forested land on the south No wetlands jurisdictional efforts have been conducted on this site. If wetlands are encountered during the Federal and State agency review of these two parcels, they will be evaluated and mitigated consistent with State and Federal permitting protocols. No animal species were observed and no suitable habitat exists for them on this parcel because of exotic vegetation dominance resulting from impacts to this land over the years as well as adjacent development on three sides. Packet Pg. 252 9.A.1.c Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 Pine Flatwoods - Tame pasture 6210-4280 Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 ® Property boundary 50' species transect .= Fluccs area s i CSYN!EC13L� AL ICLYSTS ENVISONMENYAL EVAILAMON AND ADVOCACY 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com ?4; — • ar.._aetee�l._ •. .a.a1e-i.. a.t. _.. - Immokalee Rd - - PROJECT: JLM East - Species Transect Map DATE: Oct 25, 2022 DRAWN BY: NW Site Location _" N we S 0 100 200 300 400 ft Packet Pg. 253 1 9.A.1.c Listed Species Management Plan PUDZ-PL20220003807; JLM Living East RPUD Collier County, FL Synecological Analysts® Inc. Is pleased to present this plan to support of the referenced submittal. 1.0 Purpose -This Listed Species Management Plan is generated in part to comply with CCME Objective 7.1 including how these species will be protected or accommodated, and how appropriate on site habitat will be provided in perpetuity. Nuisance species such as Black Bear will be included in this discussion because they are an operational fact in both pre and post development conditions. 2.0 - Florida Panther Management Plan - This site is within the Federal Consultation Zone for this species and the appropriate consultation will occur during the Federal and State permitting processes. The site conditions in their current and proposed post construction condition are not high quality Florida panther habitat. They prefer more open area such as Slash pine - Cabbage palm savannah. The relatively closed canopy, dense exotic shrub component in all the wooded areas limit forage or residence of this species in the current status of this site. Post development there will be the native preservation along the eastern margin of the project area. This preservation area will have limited exotic composition, is adjacent to the preserve area of the parcel adjacent to the east. Any required impact offset for this species will be accommodated during the Federal and State permitting processes. The net result is there will be a higher quality native preservation area in the post condition status of this site than currently exists. Any negative impacts to this species will be handled during permitting with the relevant Federal and State agencies. During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs of both mature panther and cubs, along with guidance of how to respond if either are sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 3.0 Florida Bonneted Bat Management Plan - This site is within the Federal Consultation area for this species but is not included in the proposed Federal Critical Habitat Area designation for this species. Federal and State permitting processes may require more in depth surveys regarding this species. This management plan is designed to prevent adverse outcomes for individuals of this species or their habitat. Packet Pg. 254 9.A.1.c During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs along with guidance of how to respond if sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 4.0 Florida Black Bear Management Plan - This species is Nuisance rather than listed, but because of it site use currently and likely presence post construction it is included in this presentation. During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs along with guidance of how to respond if sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Special emphasis will be given to food storage and organic wastes disposal. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 5.0 Preserve Area Native Habitat Will Be Preserved in Perpetuity - The proposed Preserve Area shown in the Figure on the following page will be managed to control exotics. This will result in higher quality habitat for all species, including those listed earlier in this plan. Quality of this habitat along with exotic presence and species survey will be monitored annually for three years post construction and the results presented to appropriate Collier County staff. 6.0 Summary - The species included in this Plan will be accommodated and protected during and after construction of this proposed project. Native habitat will be preserved in perpetuity, managed to control exotics and monitored annually for three years post construction. The combination of these activities and efforts will minimize negative impacts to the species included in this plan. Packet Pg. 255 9.A.1.c Q N Q 7 Y V R m 01 C •L fC d Lf') O Co M O O O N N O N J d r C d L V R r r Q Packet Pg. 256 I 9.A.1.c I • 5 ite Location 0 Florida Panther Focus Area 5YNEC1LOGICAL KNALY5T9 EHYI REIMMEWAL EV UATO4"0 AWEICA 21F,9 Ming Sun Lane NAPLES, FLORIDA 34119 PHOME: (2391514-31M www-synetol.com m N PROJECT: JLM East- Florida Panther Focus Area DATE: Oct 20, 2022 DRAWN BY: NW 3 5 10 mi Packet Pg. 257 I 9.A.1.c I 11 • Site Location 0 Florida Bonneted Bat Consultation Area PROJECT: JLM East - Florida Bonneted Bat Consultation Area SYN ECE}LOG I C AL DATE: Oct 20, 2022 NALYST5 E V-Mal1wEMAL [VAEllAMN MD ANDEW 2159 Moming Sun Lana DRAWN BY: NW NAPLES, FLORIDA 34119 PHONE: IVA) ZU-3990 www.syn9t01.Cam N w S 0 5 10 mi Packet Pg. 258 1 9.A.1.c 35540 Federal Register/Vol. 85, No. 1121 Wednesday, June 10, 2020 / Proposed Rules (5) Note: Index map follows: Index Map of Critical Habitat Units for Florda Bonneted Bat (Eumops floridanus), Florida I Atlantic Ocean Unit 1 Unit 2 i Unit 3 Unit 4 Gulf of Mexico + Florida ® Critical Habitat Area of Detail L 20 4,1 90 Kllometara 1 I I I • ' B 20 4e 60 Miles BILLJNG CODE 4333-15-C (6) Unit 1: Peace River and surrounding areas; Charlolle, DeSolo, Hardee, and Sarasota Counties, Florida. (i) General description: Unit 1 consists of 19,55o ha (48,310 ac) of lands in Charlotte, DeSoto, Hardee, and Sarasota Counties, Florida. This unit is located along the Peace River and its tributaries (e,g., Charlie Creek), south of CR-64, with the majority generally west of US-17. Land ownership within this unit consists of approximately 4,537 ha (11,212 ac) of State-owned land, 119 ha (295 ad of County -owned land, 13 ha (32 ac) of locally owned land, 14,087 ha (34,810 ac) of private and other lands, and 793 ha (1,960 ac) of land of unidentified ownership. The largest land holding within this unit is the RV Griffin Reserve. Other smaller conservation lands also occur within this unit. BILLING} CODE 4333-15-P Packet Pg. 259 Ar 41 14 le L S r twin=• - . Inn 40, r; , • ` aid 40Property Boundary Y' Nuisance Bear Cal R I 9.A.1.c I 'IMMOKALEE ROAD 4 4 3 W E - a o 411-E2 C.83 ACJ f -- 0 150' 300' SCALE: 1" = 300' TOTAL SITE (37.20 AC.) WETLAND RR 211H HIDRIC IMPROVED PASTURES 0.33 621 E1 CYPRESSSS, (0-25%) 11.56 824-E2 CYPREPINE, CABBAGE PALM (26-50%) 9.97 TOTAL 21.86 AC. UPLAND 624-E2 110 RESIDENTIAL - LOW DENSITY 12.51 411-E2 PINE FLATWOODS (26.50% EXOTICS) 2.83 TOTAL 15.34 AC. PROPERTY BOUNDARY PROPERTY BOUNDARY I - L t 621-«E1 (11.56 AC.) 211 H (0.33 AC.) 0� _ f .. S.♦E- 1 V i ♦ ..-vyy. f. tom' ar 110 PROPERTY BOUNDARY JLM EAST S` JOBI CODE: FLUCFCS MAP J DATE:i JUNE 2023 Collier Environmental Consultants Inc. FILE NANE 3211 68th Street S.W. 239.263.2687 Naples, Florida 34105 marooe@pmdigy.net Packet Pg. 261 9.A.1.c PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number JLM WEST 624 E2 9.97 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A. Espinar 3/7/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed 5W(6)(a) Location and Landscape Support pros or 5 500(6)(b)Water Environment (nla for uplands) ro pres or current with 5 I .500(6)(c)Community structure Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functlons water functions waterfunctions BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE WEST, EXOTIC LEVEL 26 - 50% ALTERED HYDROLOGY 1. Vegetation and/or EXOTIC LEVEL 26- 50%, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY ALONG NORTHERN 2. Benthic Community BOUNDARY, URBAN AREA, MATURE CYPRESS go pres or current with 6 1 r Score = sum of above soores/W (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = = w/o pres with Adjusted mitigation delta = FL = delta x acres 0.53 If mitigation Delta = [with -current] Time lag (t-factor) _ Risk factor = For mitigation assessment areas RFG = deRa/(t-factor x risk) = Form 62-345.900(2), F.A.C. [effective date 02-04-2004] Packet Pg. 262 9.A.1.c PART Il - Quantification of Assessment Area (impact or mitigation) (See Sections 62,345.500 and .600, F.A.C.) SWProject Name Application Number Assessment Area Name or Number JLM EAST 621 E1 total 11.56 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A, Espinar 617/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions .500(6)(a) Location and Landscape Support /o pros or current with 5 BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE EAST, EXOTIC LEVEL 0- 25% .500(6)(b)Water Environment (n/a for uplands) ALTERED HYDROLOGY !o pres or current with 5 .500(6)(c)Community structure 1. Vegetation and/or EXOTIC LEVEL 0 - 25%, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY ALONG NORTHERN 2. Benthic Community BOUNDARY, URBAN AREA /o pres or current with 5 Score = sum of above scoresf30 (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o mes with FL = delta x acres = Adjusted mitigation delta = 0.5 It mitigation Delta = [with-currentl Time lap (t-factor) _ Risk factor = For mitigation assessment areas RFG = deW(t-factor x risk) _ Form 62-345.900(2), F.A.C. [effective date D2-04-2004] Packet Pg. 263 9.A.1.c PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number JLM EAST 211 H Total 0.33 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A. Espinar 6/7/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed .500(6)(a) Location and Landscape Support pres or 3 .500(6)(b)Water Environment (n/a for uplands) ro pres or current with 5 1 .500(6)(c)Community structure Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetiand/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE EAST, SCHOOL TO THE WEST ALTERED HYDROLOGY 1, Vegetation and/or CLEARED OF VEGETATION, SHOOTING RANGE, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY 2. Benthic Community ALONG NORTHERN BOUNDARY, URBAN AREA v/o pres or current with 3 I Score = sum of above score&1W (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o ores with FL = delta x acres = Adjusted mitigation delta = 0.37 It Mitigation Delta = [with -current] Time lag (t-factor) _ Risk factor = For mitigation assessment areas RFG = deha/(t-factor x risk) = Form 62-345.900(2), F.A.C. [effective date 02-04-2004] Packet Pg. 264 ;sea Guini-1 w-l£-;uauapUGWV MO-ti08£000ZZOZId 6669Z) do)ioee 6u'JeOH S08£000ZZOZ-ld :;u8uay3eUv LO Ql 9 to N L, a CD � cn U rn U ' U- L 0) m r J , W Z O N Z _C H H J m c� E- Z=3 Oa V o c o W n _ U) m Z co ■ L i 9.A.1.c PA SCO HILLSBOROUGH w ". "j MANATEE SARASOTA LAKE ORANGE E gin - `Y'�M ti J OSCEOLA POLK i�'.�` BREVARD .� HARDEE DE 50T0 HIGHLANDS INDIAN RIVER OKEECHOBEE ST LUCIE G Lake CHARLOTTE GLADES Okeedwlm" L. {f LEE HENDRY j ' PALM BEACH COLLIER --I BROYVARD / MONROE I WAMI DADE Legend 2019 Ftonda bonneted Bat Corrkftation Area South FW1da Urban Bal Area 0 12.5 25 50 Wes 7i R Figure 1. Florida Bonneted Bat Consultation Area. Hatched area (Figure 2) identifies the urban development boundary in Miami -Bade 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. 4 CL 7 �C V R m 01 C •L It3 d Lf') O 00 M O O O N N O N J 11 r c m E t U to r r Q Packet Pg. 266 Packet Pg. 267 TABLE OF CONTENTS Conclusions 2 Table A - Committed Transportation Improvements 3 Methodology 3 Scope of Project 4 Table B - Proposed Land Use 4 Figure 1 - Location Map 4.1 Master Concept Plan 4.2 Project Generated Traffic 5 Table C - Net New Site -Generated Trips 5 Table 1 - Trip Generation Computations 5.1 Existing + Committed Road Network 6 Project Traffic Distribution 6 Area of Significant Impact 6 Figure 2 - Project Traffic Distribution 6.1 Table 2 - Area of Impact/Road Classification 6.2 2022 thru 2027 Project Build -out Traffic Conditions 7 Table 3 - 2022 & 2027 Link Volumes 7.1 Table 4 - 2027 Link Volumes/Capacity Analysis 7.2 Appendix 8 1 Packet Pg. 268 9.A.1.c Conclusions Based upon the findings of this report, it was determined that JLM East RPUD will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service standard. It was determined that the future 2027 background traffic demand on the segment of Immokalee Road that will be directly accessed by the project is forecasted to exceed the road's adopted level of service standard regardless of the proposed project, but only if no mitigation action is taken. More specifically, in order to maintain acceptable levels of service along Immokalee Road, Collier County Government has funded the construction of a parallel road (i.e., Vanderbilt Beach Road Extension) that is expected to substantially reduce traffic demand along all segments of Immokalee Road. The initial construction of the parallel route will consist of four -lanes (between Collier Blvd and Wilson Blvd) and two -lanes (between Wilson Blvd and Everglades Blvd) within the ultimate six -lane footprint. Construction is expected to be complete by the year 2026. Although the project does not adversely impact any roads or cause any roads to operate below the adopted LOS standard, 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 project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. 2 Packet Pg. 269 9.A.1.c Committed 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. Transportation improvements that are currently funded are considered to be committed improvements for this study are described below in Table A. Table A Committed Transportation Improvements Transportation Improvement Status Notes Vanderbilt Beach Road Ext (C.R. 951 to Wilson Blvd) Funded Reduces traffic demand on (New 4-lane divided road within 6-lane footprint) Immokalee Road Vanderbilt Beach Road Ext (Wilson Blvd to Everglades) Funded Reduces traffic demand on (New 2-lane undivided road within 6-lane footprint) Tmmokalee Road Methodology On Jan 2, 2023, 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 SDP application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M10). Packet Pg. 270 9.A.1.c Scope of Project JLM East RPUD is a proposed residential rental development that will consist of no more 350 dwelling units that will consist of single-family rental units and multi -family rental units. It is estimated that the final unit count will be 66 multi -family and 284 single- family, but those estimates are subject to change. Regardless of any variation to the estimated number and type of units, the final build -out will be restricted by the PUD's established trip cap of no more than 314 two-way PM peak hour trips. The site is located on the south of Immokalee Road and to the immediate west of Richards Street, within Collier County, Florida. The project proposes to construct one (1) right-in/out access on Immokalee Road. JLM East RPUD is expected to be completed by or before the year 2027. For additional details, refer to the Master Concept Plan (page 3.1). Table B Proposed Land Use Proposed Land Uses' Number of Units Multi -Family 0 to 350 d.u.'s (Subject to change but limited by trip cap) Single -Family 0 to 341 d.u.'s (Subject to change but limited by trip cap) Totals Max = 350 units 'The traffic study is based upon an estimate that there will be 66 multi -family and 284 single-family units, which is subject to change. Regardless of the final unit count, the number and type of units will be limited to a maximum trip cap of 314 two-way PM peak hour trips and a maximum of no more than 350 dwelling units. 4 Packet Pg. 271 9.A.1.c �f] rn of U L a y 0 a O CD O � L Q} }I � U a Immokolee Rd i i i i i i i i ■ ode U. I OA. Lan. ode s. refT a Farm Road Wolfe Ro d I Vanderbilt Be� h Rd i I i i i i 6 4 m c a Q) J Pine Ridge Road i ---------- i 1 i m a 0 >. o °' W NORTH O O N.T.S. O� O v 3 L '0 2 � r come U O U Y] 0, O O V) O CL L O U � 3 O m N (n C cr o t T Vanderbilt Beach Rd b 0:I1 Golden Gate Boulevard White Boulevard I Golden Gate Parkway I LEGEND 5-YR FUNDED IMPROVEMENT -- — — 6-LANE ARTERIAL i 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD — • • — JMTRANSPORTATION ENGINEERING, INa. JLM East RPUD Project Location & December 22, 2022 Roadway Classification FIGURE 1 4.1 1 Packet Pg. 272 I 9.A.1.c I IMMOKALEE ROAD MINIMUM 6-FOOT WIDE LANDSCAPE `, BUFFER RESERVATION (SEE NOTE #2) 74 20' WIDE TYPE ----'I1 R 'D' LANDSCAPE BUFFER POTENTIAL VEHICULAR/PEDESTRIAN INTERCONNECTION I ZONED: A (RFMUO-RECEIVING LANDS) oI USE: CHARTER SCHOOL m —I �I R Cn - oo zIlof DPI R m 00I c ;I MI I I I I� I R I' ZONED: A (RFMUO-RECEIVING LANDS) LAMORADA (PB 59, PG 1-15) USE: RESIDENTIAL I ilR �I R I 1 10' WIDE TYPE 'D' LANDSCAPEJZO)NED-.' BUFFER LEGEND:R RESIDENTIAL AA AMENITY AREA E# EASEMENT (SEE NOTE SHEET) USE: o.OradyMlaor.. P.A. GradyMinor m '.illflfl \i.i Url IC'y Ronlld Sprin;;a. HWrkln 31 134 Civil Engineers Land Surveyors Planners Landscape Architects Cert. oFAuth. EB 0005151 Cert. oFAuth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 It wit. f. radyt/innr.cnm Fort Myers: 239.690.4380 il Cn rr .�� PRESERVE`. il �LL'LL'LL`LL'LL'LL` /•LL•LL•LL•LL•LL•LL•LL•LL• . m -�-PRESERVE:LL.LL � •. m `• r '- D D Z a ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE: PRESERVECn m LAKE m'• 30' PUBLIC ROAD ROW (OR2116 PG2240) ZONED: VENTANA POINTE RPUD LAKE \LL.• (PB70, PG 5-9) USE: RESIDENTIAL 25' VENTANA POINTE LBE DATE E R ��i err ri00 R i LAKE R rfi err R SUNIIANrF SET A (RFMUO-RECEIVING LANDS) o tso' soo' LAMORADA (PB 59, PG 1-15) SCALE: 1" = 300' GOLF COURSE JLM LIVING EAST RPUD SCALE: SOH CODE: EXHIBIT C LMLE MASTER PLAN E„O xa;,E: 20 REVISED JUNE 8, 2023 - LO a I Packet Pg. 273 1 9.A.1.c Project Generated Traffic Traffic that can be expected to be generated by JLM East RPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 11 th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Single -Family (LUC 210) and Multi -Family (LUC 220), were most appropriate in estimating the new trips. The traffic study is based upon an estimate that there will be 66 multi family and 284 single-family units, which is subject to change. Regardless of the final unit count, the number and type of units will be limited to a maximum trip cap of 314 two-way PMpeak hour trips and a maximum of no more than 350 dwelling units. As determined, the project will generate 236 vph and 314 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the total new trips. Table C provides a summary of the trip generation computation results that are shown in Table 1. Table C Site -Generated Trips (Summation of Table 1) New Daily Weekday New AM Peak Hour New PM Peak Hour Trips Generated Trips Generated Trips Generated (ADT) v h 3,134 236 314 The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. Packet Pg. 274 9.A.1.c TABLE 1 TRIP GENERATION COMPUTATIONS AM East RPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 284 Units 220 Multi -Family (Low Rise) 66 Units Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 2,636 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 193 vph 50 / 143 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 265 vph 167 / 98 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 498 ADT AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 43 vph 10 / 33 vph 24% Enter/ 76% Exit = PM Peak Hour (vph) = T = 0.43(X) + 20.55 = 49 vph 31 / 18 vph 63% Enter/ 37% Exit = TOTALS Daily Traffic (ADT) = 3,134 ADT AM Peak Hour (vph) = 236 vph 60 / 175 vph PM Peak Hour (vph) = 314 vph 198 / 116 vph N G 3 Y U R m C N 2 N O co M O O O N N O N J a c a� E s m Q ,� f Packet Pg. 275 9.A.1.c Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the adjacent roads' respective minimum level of service performance standards and capacity. The principal arterial that will provide immediate access to JLM East RPUD is Immokalee Road. Immokalee Road is classified as a six -lane divided arterial. The road functions as a primary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County, as well as continues north/south to the Immokalee Community and interconnects with S.R. 29. Within proximity of the site, the posted speed limit of Immokalee Road is 45 MPH. Vanderbilt Beach Road Extension (will reduce traffic demand on Immokalee Road) Although this roadway will not be significantly impacted by the project, it should be noted that Collier County has funded Vanderbilt Beach Road Extension, which consists of a four -lane (between C.R. 951 and Wilson Blvd) and two-lane arterial (between Wilson Blvd and Everglades Blvd) that can be expanded to six -lanes. Vanderbilt Beach Road will substantially reduce traffic demands on Immokalee Road. Construction is expected to be complete by the year 2026. Project Traffic Distribution The project's traffic distribution was estimated by using the Florida Standard Urban Transportation Model Structure (FSUTMS) which yielded a distribution of 63% to/from the west and 36% to/from the east along Immokalee Road (refer to FSUTMS results in the Appendix -see page M11). As discussed with staff, the FSUTMS distribution is based upon a 30-year land use allocation outlook, which considers more commercial to the east of the site than currently exists or will be constructed over the next five (5) years. Therefore, it was agreed with staff that a 5-year planning horizon adjustment to the results using an 80/20 directional distribution was justified. Figure 2 and Table 2 provide a detail of the adjusted traffic distributions based on a percentage of trips generated. Table 2 also depicts the project traffic by directional volume. 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 roadway's adopted level of service capacity, then the project has a significant impact upon that link)_ Figure 2 depicts the project traffic distributions and Table 2 describes the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 6 Packet Pg. 276 9.A.1.c i13 'P 0 m o P m O m 35% o � 3�► Immokolee Rd ~'v 8i-807 ► i i i i i i i i ■ MOM wr La. qp. awa oa. m in i m .. _ I � I M re�T a Farm Road WoLh Ro d 15% IVanderl5iit=dRd m � P >+ o m X NUN I H � 00 N.T.S. a � a� 20% + r N O ' o a a` 0 of o In $ - a� o 0 s o U � N � w P J\ 15% Vanderbilt Beach Rd — -- o I Golden Gate Boulevard N O L N .4 N Pine Ridge llw�`+r— — — — — — — — — — P Green Boul 4) MI b (n) / i ,t .w. 3. ,3M A. ai White Boulevard Golden Gate Parkway I JLM East RPUD December 22, 2022 LEGEND 6�- Project Traffic Distribution by Percentage TRANSPORTATION ENGINEERING, INC. Project Generated I Traffic Distribution FIGURE 2 Packet Pg. 277 \ k 0 0 o O b o O c E 2 2 2 2 y 2 2 : - m /// �C// ƒ Cca L Akan mane n � � . & « z § \±�R� S\ 2 �\» KrCV)q\ 0 z z z w= u« w � U Q �-e %2/? / am a > LL Q '\Cbww +**+ a Q// oroo 2 Q ��anw mCIO 00w W NLU 2§ 0 CDCD ?RRE / 2§0mm > %\qq R q ( LU . 0 § \ m �3u± �I2± ± IL0. 2 /d29 o _ e c ��co0 2 c x @� > k � k ) / Mz. \ f } \ k 0') \ \ \ / \ 0 � g 2 4 R G @ 2 J 7 = \ 0 2 k LO 0 2 M § \ 2 § t m ) / f 2 ƒ CL ) / ) 2.2 9.A.1.c 2022 thru 2027 Project Build -out Traffic Conditions In order to establish 2022 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 and annual growth rate were derived from the 2022 Collier County AUIR Report. Using the annual growth rate, the 2022 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 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2027 vested trips "+" 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 2022 thru 2027 traffic conditions and the roadways' level of service and remaining available capacity. As determined, the future 2027 background traffic demand on the segment of Immokalee Road that will be directly accessed by the project is forecasted to exceed the road's adopted level of service regardless of the proposed project, but only if no mitigation action is taken. In order to maintain acceptable Ievels of service along Immokalee Road, Collier County Government has funded the construction of a parallel road (i.e., Vanderbilt Beach Road Extension) that is expected to substantially reduce traffic demand along all segments of Immokalee Road. The initial construction of the parallel route will consist of four -lanes (between Collier Blvd and Wilson Blvd) and two -lanes (between Wilson Blvd and Everglades Blvd) within the ultimate six -lane footprint. Construction is expected to be complete by the year 2027. As concluded, all other roads within the project's area of impact will operate at acceptable levels of service. 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 JLM East RPUD. Packet Pg. 279 (AelaenO lel;ueplseb;se3 6ulnl-I W-jr-;uewpuewy dWJ-1708E000ZZOZ-ld : 6669Z) dn8oe8 6ulaeeH 508EOOOZZOZ-id :luewyeePV m a G j O G 0 + 'a N d o U N M M C.)C7 v1 ILCL m a ■ m a c s^ LO m (.0Q W b c W m O C N 2 v a'ct 00 r m L _C"j N m Cl) Cl) O o a a COO Z 4 0 0 0 0 O Q vrn o 111 o 0 0 Q UrL M M m O a z 0 w w w w a a of N Z�: Or N rn s v It IT N N N N N N Q � � N � ? N aD m c o 3 a > 'a Ci m C_7 d m l G O p p N as O O N p5 — ? 77 �p Q J E �; 7 O CIS O a � O E m ti o r U (n N r N CQ -fl O C. co c ) Cl) Cl) �T V, 0 00 N a a d Y U W a 0 z � j \ I- n § % R / ❑ m a \ m IL �e a k}0 k 6 f w o = n / r o s s— w Q § § a a m = > a $ § a / a-\ co cor r r n A / r \) § _ CD CD ] / / \ ) \ / � � Q k \ K n m *** e § a z / \ Lo co \ cis 0 k D ¢{ Q? m e ��0 \� U aLu J z z & u w$\ Q I 22 LLI \ } / @ a) a) $ c \ } \ $ � IL/ \ 4 § } \ / § o ❑ � j ƒ I A z m w w w w §{ / M ƒ J 2 © o CN 0 2=» / w o= R m \ f Q ] / f / / / \ 2 R § Q Q fL /m \om ao m a/ -d 0 k 0 \ * O q � 2 = o # ) $ CD = \ \ \ \ \ \ } ° ) LL 0 a =Lu7 \ro C 7 \ / 0 2 7 0 a a G ® &fa \ — j Fa— \ 0\ a§+ 2 7 G \) \ 0) of \ * \ / / { / m # # # & \ \ § m 0 \ 2 co 0 = 0 \� ƒ \ 2 0 / z / w -7. Z 2 a. 9.A.1.c APPENDIX Support Documents C Z J Packet Pg. 282 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY JLM East RPUD (Immokalee Road, Collier County, Florida) December 27, 2022 County TIS Review Fees TIS Methodology Review Fee — $500.00 TIS (Minor Study) Review Fee = $750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLESS FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION No. 27630 (JMB PROJECT NO. 220613E) JAMES HANKS. P.E. FLORIOXREG. No. 4aa60 12-Z?-2v2Z DATE Packet Pg. 283 9.A.1.c APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:12-22-2022 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 En ing Bering, 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: JLM East RPUD Location: South side of Immokalee Road and to the immediate west of Richards Street Land Use Type: Single -Family and Multi -Family ITE Code #: LUC 210 and 220 Proposed number of development units: 350 dwelling units (PM peak hour two-way trips cap = 314 yph) Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached hftpsJ/d.docs.fiue.nefB-08f 204edbdat2tWDesMoWPro�eUs/120&i3E JLM FasUMethodologyRepor, doc M Z I Packet Pg. 284 9.A.1.c Study Type: Major_Study_ Study Area,• Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2027 Analysis Time Period(s): PM Peak R Future Off -Site Developments: None ° An Source of Trip Generation Rates: ITE Trip Generation Manual, I Ith Edition (Table 1) y Reductions in Trip Generation Rates: W Pass -by trips: None Internal trips (PUD): Transmit use: J Other: 5 Horizon Year Roadway Network Improvements: 2027 per Collier County's 5-year CIE. Methodology & Assumptions: o Non -site traffic estimates: See Attached a Site -trip generation: See Table 1 Trip distribution method: The project's traffic distribution was estimated by using the N Florida Standard Urban Transportation Model Structure (FSUTMS) which yielded a Q distribution of 63% to/from the west and 36% to/from the east along Immokalee Road (refer to FSUTMS results in the Appendix -seepage M11). As discussed with staff, the m FSUTMS distribution is based upon a 30-year land use allocation outlook, which considers more commercial to the east of the site than currently exists or will be = constructed over the next five 5 ears. Therefore it was agreed with staff that a 5- ear 00 M planning horizon adjustment to the results using an 80/20 directional distribution was o justified. Figure 2 and Table 2 provide a detail of the adjusted traffic distributions based o on a percentage of tri s generated. Table 2 also depicts. the project traffic b directional a volume. Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or back ound or vested trips method whichever is greater. hBpsild.do�s.f+ve.rte I848T204edbdac2c�lCaskfa�Pro�ecfsJ2248T3E AM EasU?dethadologyRepod.dac M1 Packet Pg. 285 9.A.1.c 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. SIGNA' Study Reviewers Applicant pbps7Po.docs.11vo.rrcUg4672C4edWac2chrDesklgdPm,LeIs/220693E AM Eas!lMelhodclogyftcrtdoc ! ' 1 1� I Packet Pg. 286 9.A.1.c rn Q± U "O a a� 7 � O 0 O FL' L •6 O Immokalee Rd doom -Mw� 0" L— a., i— I re�T a Farm Road Wolfe Ro d Vanderbilt Be h Rd' zI 1 a I > 0 y 0 m c L rn Iy 03 Pine Ridge PNoma ood I -- ,1* S. l Green�Boulevard a > 7 m -o v T O Q3 � NORTH 0 o N.T.S. O O # .L T � 0 moo ,,No ,,No OEM= m 0 0 v 0 o N 3 a a a m lid � 6 7 U O > N m Q) C a 0 m 3 Vanderbilt Beach Rd ------------------ Golden Gate Boulevard ---------------------------- White Boulevard mI I m I Golden Gate Parkway ------ aI i 0 cn I JLM East RPUD December 22, 2022 LEGEND 5—YR FUNOEO IMPROVEMENT ---- 8—LANE ARTERIAL 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOrA- RAIL ROAD aWTRANSPORTATu3N ENGINEERING, INC. Project Location Roadway Classification FIGURE 1 a M5 Packet Pg. 287 9.A.1.c TABLE 1 TRIP GENERATION COMPUTATIONS JLM East RPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 284 Units 220 Multi -Family (Low Rise) 66 Units Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total_Tri Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 2,636 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 193 vph 50 / 143 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 265 vph 167 / 98 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 498 ART AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 43 vph 10 / 33 vph 24% Enter/ 76% Exit = PM Peak Hour (vph) = T = 0.43(X) + 20.55 = 49 vph 31 / 18 vph 63% Enter/ 37% Exit = TOTALS Daily Traffic (ADT) = 3,134 ADT AM Peak Hour (vph) = 236 vph 60 / 175 vph PM Peak Hour (vph) = 314 vph 198 / 116 vph it N C. 3 Y U R m C N 2 N O W M O O O N N O N J a c a� E s m Q Mto Packet Pg. 288 9.A.1.c 3�► Yam, t7olo, lLM1 warty hUa ua b\ K .-4 a a� 3 0 m C a Ot J u7 rn tY V La N a 0 a a m ° A 35% Immokolee Rd ~"�� r a a i� 8► Orb � a Pine Ridge Food t'] re�T a Farm Road Wolfe Ro d 15% Vande h Rd m � 0 T O m � NORTH O O N z V � 6 O N] o � D D m ° a Y 0 o m fn C o 0 Vanderbilt Beach Rd I� o I0 Golden Gate Boulevard ----------------------------- N O L I O N I i tmw.s ■ I 'C7 m. sr Itsw Green Boulevard 7 �I I • White Boulevard m m I Golden Ge Parkway ------ I AM East RPUD December 22, 2022 LEGEND 65% ► Project Traffic Distribution by Percentage JMTRANSPORTATION ENGINEERING, INC. 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Packet Pg. 293 9.A.1.c .�$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 OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: JLM Living east RPUD Project Information: Municipality: collier county Parcel ID#: (attach separate sheet for multiple parcels): 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 Location/Address of subject property: Immokalee Road east of Collier Boulevard Closest Major Intersection: Immokalee Road and Woodcrest Drive II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): JLM Living, LLc Agent/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: O. 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 October 5, 2022 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Rural Fringe Mixed Use (Receiving Lands) Proposed Land Use Designation: Residential Overlay Current Zoning:A and A-ST (RFMUO) Proposed Zoning: p Mixed Use Planned Unit Development Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 0 Total Units Proposed by Type: 350 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: a hd U M m a� c �L N 2 u0 0 00 CO) 0 0 0 N N 0 N J d m E CU r r Q Packet Pg. 294 ;sea 6uinil Wlr- }uauipUGWV dW9-'P08£OOOZZOZId : 6669Z) dnjoeg Bu'JeOH S08EOOOZZOZId :IUOWL13BIIV N N U f6 t Q N O 4— U U O L C O C cu U Q Q Q N i Q E 0 O N a� a� L 0 U 0 i W a W 0 N O N O N O N M ti i/•� N p V') N N O N s. H � w w x uC c* LO m N 6 a Y V m a 9.A.1.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. Packet Pg. 296 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00190520005 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 297 Collier County Property Appraiser Property Aerial Site 12661 Parcel No 00191360002 Address SUNDANCE Site City NAPLES *Disclaimer ,ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341, *Note Packet Pg. 298 Collier County Property Appraiser Property Aerial Site 12691 Parcel No 00191400001 Address SUNDANCE Site City NAPLES *Disclaimer ,ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341, *Note Packet Pg. 299 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00191440003 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. CL Y V fC m C �L m ui O 00 M O O O N N O N J IL c m E z c� a Packet Pg. 300 Collier County Property Appraiser Property Aerial Site 2655 Parcel No 00191600005 Address SUNDANCE Site City NAPLES *Disclaimer ST Open GIS in a New Window with More Features. 9.A.1.c Site Zone 341; *Note Packet Pg. 301 9.A.1.c AM Living East Residential Overlay (PL20220003804) EXHIBIT IV.B FUTURE LAND USE ELEMENT AMENDMENT LANGUAGE Proposed amendment to the Collier County Future Land Use Element (FLUE) and Future Land Use Map (FLUM) to establish the 37.2± Acre JLM Living East Residential Overlay within the RFMU District located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard. Words underlined are additions; words struck *"r^i;#^" are deletions. SECTION I: Amend Future Land Use Map Series, beginning on page v as follows: * FUTURE LAND USE MAP SERIES 140 *** *** *** *** *** Text break *** *** *** *** *** * JLM Living East Residential Overla SECTION II: Amend "II. IMPLEMENTATION STRATEGY", Policy 1.9 beginning on page 11 as follows: *** *** *** *** *** Text break *** *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay D. Natural Resource Protection Area Overlays E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary J. Ventana Pointe Residential Overlay K. Incorporated Areas L. JLM Living East Residential Overlay SECTION III: Amend N. OVERLAYS AND SPECIAL FEATURES", beginning on page 104 as follows: September 26, 2023 W GradyMinor Page 1 of 2 Exhibit IVB Proposed Language-r3.docx 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.eom • www.gradyminor.com Packet Pg. 302 9.A.1.c *** *** *** *** *** Text break *** *** *** *** *** L. JLM Living East Residential Overlay [beginning Page 159] a. The JLM Living East Residential Overlay is located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard (approximately 0.2 miles east of the Urban Boundary) and consists of 37.2± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands. b. Develoament within the Overlav shall adhere to aaDlicable RFMUD Receivine Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: (1) Primary access shall be via Immokalee Road. (2) Dwelling units shall be limited to multi -family rental units, which may include horizontal rentals consisting of single-family attached, detached and duplex buildings on one lot. c. The maximum density shall be 350 dwelling units. To achieve the maximum allowable density of 350 units, the first 30 units above the base density of a total of 7.5 units requires redemption of TDR Credits from Sending Lands. d. Of the total units constructed, the project shall comply with the following: 12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. * Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit. to the nearest whole unit value. e. Twenty-five percent of the project area shall be set aside as native vegetation preservation. 37.2± acres of native vegetation exist on -site requiring a minimum preservation of 9.3± acres (37.2 X .25 = 9.3). SECTION IV: Amend "FUTURE LAND USE MAP SERIES", beginning page 159 as follows: *** *** *** *** *** Text break *** *** *** *** *** JLM Living East Residential Overlay [page 160] September 20, 2023 Page 2 of 2 Exhibit IVB Proposed Language-r3.docx Packet Pg. 303 9.A.1.c Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. ,For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature o Applicant) STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Lr l physical presence or online registration this t2_day of May f z0 L3, by Sharon umpanhourasSenior Planning Technician Who is �I❑personally known to me or Fihas produced as identification. Ei CARINJ.DWYER Signature of Notary Public W COMMISSION K GG 9W357EXPIRMMday14,2024 Carin J. Dwyer ' BondedihruNotsryPudlkUnderMdta Print Name of Notary Public CL 3 Y CD m _ 2 u� 0 0 M O O O N N O N J IL d E s a Packet Pg. 304 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay, 15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2± acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. W+ IMMOKALEE R❑10 R.. M PROJECT INFORMATION 0 v r GRADYMINOR.COM/PLANNING a M m m C susrEeT PROPERTY Project Location Map If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. Q. Grady Minor & Associates, P.A. 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Section/Township/Range: N.A. I N.A. I N.A. Lot• N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Metes & Bounds Description: Property I.D. Number: N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Assoc iation(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found ❑n the Civic Associations and Communities page ❑n the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: LaMorada at Naples Master Association, Inc. Mailing Address: 8200 NW 33rd Street, Suite 300 City: Miami State: FL ZIP: 33122 Name of Homeowner / Civic Association: VENTANA POINTE HOMEOWNERS ASSOCIATION INC. Mailing Address- 4670 Cardinal Way, #302 City: Naples Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: FL ZIP: 34112 State: ZIP: State: ZIP: State: ZIP: a lie U m a� c �L as a) x uO 0 ao M O O 0 N N O N J a r c as E U a r r Q 07/2022 Pag Packet Pg. 308 9.A.1.c NaPjC04:3a*tjj dews PART Of THE USA TODAY N ETWORK Published Daily Naples, FL 34110 Q GRADY MINOR ASSOCIATES PA 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ATTN SHARON UMPENHOUR Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5/12/2023 Subscribed and sworn to before on May 12th, 2023 votary, Stavorlp"res: c6unty�et grown My commis PUBLICATION COST: $1,008.00 AD No: GC11058596 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD — 3X10 NANCY HEYRMAN Notary Public State of Wisconsin Packet Pg. 309 9.A.1.c NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 -JLM Living East Residential Overlay; and PL20220003805 -JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay,15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2± acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. t 41 J - c —I L.' tI1 E4;Y��xtO�ll Ji�'j� { ;• a�.:. �1:.',....4:TmP � — �-�•� � t ' 17!: i',`;: ..,....: = � — 4 J.`:, a — is �� J 1I.L.r�. I { SUBJECT, _._ D:✓�.',.^^w;t.,i. y,`',i!.rf iun] i ii .ij�.� .. <;_ PROPERTY `. ;.I •' _ II _'� ••If ':'f .. I I r A 1 I I A �� I I I l—: :_ f ., 1—'I { ' NHI. z- II'Ill11 —:L.''�:1��..._.._...._�—._...___tI •.. �+•� _ If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. NO-GCI105859601 Packet Pg. 310 IDA I FRIDAY. MAY 12, 2023 1 NAPLES DAILY NEWS 9.A.1.c Senators push for overhaul of classification rules Nomaan Merchant ASSOCIATED PRESS WASH INGTON - Responding to a series of intelli- gence breaches over the last year, senators on Wednesday introduced legislation that would require the National Archives to screen documents leaving the White House for classified material. Classified material was found at the homes of President Joe Biden, former President Donald Trump, and former Vice President Mike Pence. And a 21-year- old Air National Guard member is accused of leaking hundreds of Pentagon assessments in an online cha- 11.0m. Under two bills unveiled Wednesday, anytime a president seeks to classify a mix of official and un- official papers as personal records, the archivist would first have to conduct a security review to en- sure nothing is classified, in the cases of Blden, Trump, and Pence, classified material was found commingled with personal records. "The notion that there was no checking process by the archivist so that that becomes a formal step rath- er than a'nice to do; 1 think, is terribly important," said Sen. Mark Warner, D-Va., the chairman of the Senate Intelligence Committee. The legislation would require all 18 agencies in the U.S. intelligence community to develop an insider threat program and monitor user activity on all classi- fied networks for possible signs of a breach. The per- son accused of leaking Pentagon assessments is al- leged to have printed out some of the documents and folded them to smuggle them out of authorized areas. Also included are several requirements to push U.S. intelligence to declassify more information and restrict how secrets are widely shared. They include an effective "tax" on agencies based on how many records they generate and boosting funding for the U.S. Public Interest Declassification Board, a group of experts that advises the White House on classifica- tion issues. Long a priority of many on the intelligence core- mittee, overhauling declassification was raised by some senators who spoke Wednesday as a long-term way to limit breaches and protect the most important U.S. secrets. An estimated 4 million people hold security clear- ances. And many U.S. officials have long acknowl- edged spy agencies classify too much information and declassify too little, using outdated systems and far too few people to review what can be released. "It's an expensive system that we have. It's.mclat- ed;" said Sen. Jerry Moran, R-Kan. -We're a better country than what the system allows us to be." Sen. Ron Wyden, D-Orc., noted that Avril Haines, the U.S, director of national Intelligence, wrote in a January 2022 letter that "deficiencies in the current classification system undermine our national securi- ty, as well as critical democratic objectives;' "My view is the protection of sources and methods and declassification reform go hand in hand;"Wyden said. "That's because it's a lot easier to protect impor- tant secrets when you're not acting like everything is a secret." A bipartisan group of senators has introduced legislation that would require the National Archives to Screen documents leaving the White House for classified material. It's the first major proposal to respond to a series of Intelligence breaches over the last year, Including the case of Massachusetts Air National Guardsman Jack Teixeira, right. MARGARET SMALL VIA AP, FILE )TICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 -JLM Living East Residential Overlay; and PL20220003805 - JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, PA., representing, JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay,15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2x acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. ,r _ ' •,:. IMMOKALEE RD,1..1 ... .d v.li�f4! .. vr/acT f Afi� �*,kTl , 7; _ Jl. s-ii'T'r- 1 If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminoccom or phone: 239-947-1144. For project information go to gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. NOTICE OF PUBLIC HEARING Not- H I-m, P. that a Pahl¢ heenn9 wdl N hdtl by the Collier County Planning Comm,aa1. ICCPCI 9:Go AM. w, J.-1, 2023, in, the Board of County Cemr,monwa Meeting ROwn, Tlg,d Floor, CaX,r Govrnmenl Cmlr, ... Tamara T 11 Fazl, Napa, Ft to naWr AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUM- BER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVEL- OPMENT CODE AND ZONING ATLAS, WHICH ESTABLISHED THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP oR MAPS BY CHANG-ING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES IEI ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUDI ZONING DISTRICT TO BE KNOWN As THE DUNKIN DONUTS COLLIER BOULEVARD CPUD: ALLOWING UP TO 10,OOD SQUARE FEET OF C-1, C-2, AND C-3 USES ON 1.98 z ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BLVD Miiz FEET NORTH OF PINE RIDGE ROAD IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EF-rECTIVE DATE. (PL2022e0045461 Project Location' hM a P'er Kid rKU t\#Ne At 1) _ t, LY All mtae W PA. me Inxted to appem and be heard. Copes of the proposed Ordinance wN be made —1,61e for Irddanlkn at ore Ccl,N County De Y. cYce, laud foot, Cd R, County G:.,P—t Center, 3299 East Tamiam, Tlmt Solt, 401, No , FL 34112, one (1) week pnG to the ,IRK ed heanng. Whtim comments thus• be filed xtih the Zcn-ing Divelm. prior to June 1, 2023. As W. of m ,,, ,moos. to m arage PI mvekemmL IN PAIccoilhm,the cpponuniry to poMe public cw hRmvely, sswdl . in person, during th" 11 a 1,1 bd,xduss who wald Ike to Pamclpate ,-"y should Uti'ller through the Ink P.det 0h.P the W,e h —V meHing entry oo the G,,dm cl ErmN a the Canty webote at wwx.cd,ncanpll.gov/arcamlyMs,toNcalmdm-ol-events a%er the Mmds H posted m the County web9te. RepitNdim should N dorw m ad—, of the pubkc m r g, w my e,,dk,e specified Mthh the p0h, meeting rat ce. and Aduds who rNgmte, wA re e m e Win advance of the pull. hemog delalmg how they cm pmlop U remotely in th,, nkHmg. Bared, paNwpabon s plwded as a courtesy and h X. the user's Pie. The Carty ,s not —odd. In t-n .d ,ssues, Far addd ord miwmasm alert the meetmg, please call Geo9rey 1NIg at 252-6369 or -.1 to G.ffoy.WA,g*oCAo, .yagw Any Person vko decides to appeal any d— of the Colin County Pkming Lomldadon (CCPL) MN need a NKd al the pmceed,ngs peebo—g thmeto and thdefue, may need to m re that a eba «Ord of the pro:eed,ngs a made, .loch record ,ncbdes the testimony and eed.,e open Ye,-o the app.A n based. II feu are a pawn M,h a dis ibtity echo reds my accom W APP ,n ad, to pm, deate ,n th s proceeding, you m mulled, at no cost to you, to the Pwsm of Ceram as T.ance. Pkase contact the Coll, Canty Fa ll- Mmagemenl Dorms, tooled a1 3355 Tamiam, TIM E., Sol. 101, Naples, FL 34112-5356, r391 252-6350, a' least No CI days PRs to the medmg. Ams:ed Ibtenmg dv,,,. for the Naring ,"'P a are avplable m the Bond of Corny Cohnod—s OII ColkCounty IRann,ng commissbn Ed.,,: Myer, Chmrman NOTICE OF PUBLIC HEARING A.M. J..hm iN1apubkc Nu1rg colabeyC bytN DPe County PMnnIn9CommisCon Ir GKC at BAO A.M. m June 1,1 1 In tln B . al , F1 t conhHslorlerm Meetrg Room, Tnkd Fbar, Coition Go.rn- menl Curter. 3299 TmMmnl Troll Eut. Naples, FL m wnalder. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. Ed-a5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAIN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE ORANGE BLOSSORVAIRPORT CROSSROADS COMMERCIAL SUBDISTRICT TO INCREASE THE COMMERCIAL SQUARE FOOTAGE ALLOWED ON PARCEL 2 FROM 10,000 SQUARE FEET OF GROSS LEASABLE AREA TO 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUDING AUTOMOBILE STORAGE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD NORTH APPROXIMATELY 3N FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWN. SHIP 49 SOUTH, RANGE 25 EAST, CONSISTING OF 5a ACRES OF THE 1oa ACRE SUBDISTRICT; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DE- PARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (PL20220o03494I AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WNICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORAT- ED 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 THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DE- VELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS LUTGERT AIRPORT ROAD CPUD, TO ALLOW UP To 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUD. ING AUTOMOBILE STORAGE. THE PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL0PID0. CONSISTING OF 5z ACRES; AND BV PROVID N NO AN EFFECTIVE DATE.IPLT02200005931 GMPA PL20220003494 PUDR PL20220000533 N AN I-- parties am invited to appear awl N — Copies of - PmPozed ORDINANCE w,ll be made vrladalor insPat,m at tlw eallwrCanry Clck'a oll,w lourih Hoar. Calm CounlY Go.rnmenlCmlw.3299 East Taml dh Toll, Sua i. Na F-, to are I11 cook prbr to tN schetluktl hearhg. Wrmm comments must hw Ided.m me md,n9 nwson, Pr,o, m Jdde 1, 2oz3. As port of m a N tool.. to emarrage punk I..Nemmt, tN pudt will N. 01e o oonundy to povNe publb cammmarts mmteh, . -1 as M person, durhg thh procomhhS. IrMividuLs wen coact Nke to Pontl- paleremuldyzl,oold ,gP 1 through IMF hnk pravdeJ wmM thesPecd,c evmVmeeling miryon the L.I.. of Evmta err, the County websrle al www.Whncounlyll pov/vur-wunlyMs;loNcalmdarrol-events ohm 1N erg_ Is posted on 0w Cwnry websre. Re9H4mbn Lro,:Id be dorw In a.— of the W hlk, meathg, or my deadme m—dwdv hen Ore pulbic medwg rwbw.od.1—il who. pour III recrve an rnaNmadvanw of iN public homN —th, no. they cm pmklpa:e loPhooly In thH dwakg. He— pmlidpatbn ape mled Rosy and H a1 ae user i risk. The County Is ml resp --Iw taAr4cal Isvms. For adO— Inbrma- Za tIba meelm9,It— WI.-a,,Wlhp.1757-aT69 n,-11to Gmdrey.WRR10w8hraoP1ydSnv pmsod — tlecidos to appo my de _ al the Coilkr D.-Y PMnnl19 Co—IRR, (CCPLI P`Io Freed a record of the Procem"K, Pena N ihmeto awl 1—fwe. m Y deed to edwre trot a.vNdm recew of Me pwceehNshn,mle. whlch,ecoa Ml,Wes tlw tosthwny and evkk a upon whbhiN appeal is based. Ii Yw, are a lae.on with cost to y .,who r,ewls my a.1 .. datbn In oNer to Pmticl1-1 in o Ixoceedrrlg, yeu are , aletl, at m cost to you, 1.Pe d Podsbn of carton atsistance Please wnixt me 12 County facllitios I.lanagement 2) debn, located m I . AoRo l Tray Eost. sure I. Napes, FL 34112-515fi. 1239I 252-A3B0, B leant two 121 days pna to Ma meeting. Asze;ted Ilzimlrg devwea I. 1N Ileadng Impaired are a.11- aMe M me edam m cavh+v cwwdhdehwa onwe Cod. Coumy F-d'K commksbn Edwin Fryer. Chdrman .oun.vdr., Packet Pg. 311 9.A.1.c NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***Please be advised*** 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: D l,L V6 cA.1 EMAIL: 6a6- 1 � V1_f4f,�7 ADDRESS; � '. d PHONE: 7- 39 NAME: EMAIL: _ ADDRESS: n—ram, I,Ljr_h PHONE: s— NAME: H a EMAIL: 191A VG , r ADDRESS: �U V ��� u 1. ne PHONE: (fuZ%�t� �7� - �f �� - c�� 7 NAME:wc� EMAIL: 0.a,�-.w Ira+�v]i+��• Icon ADDRESS: y •// ' /J J ,� PHONE: S 7 f1 3-7 7 i i 'J - ! (1 �J 4 7 TL1 .l (h NAME: EMAIL: ADDRESS; c, � PHONE: q1 _2 C i rl `cr NAME: w� L .) ti S d )d '� EMAIL: - - ADDRESS: J Uc'J !�< U/eii1v ^:-e. W PHONE. 7 5-7. 7 q NAME: EMAIL: Lca ADDRESS: 4 (/ PHONE. NAME: b5' EMAIL: d ew)o 3 1? �10 oq r i ADDRESS: V/_ r1"�✓i fn_u C1 PHONE: q7 202 ' V NAME: EMAIL: ADDRESS: PHONE: as O �a r c m .N a� w c J M J 7 c, E C E Q a O v 0 0 M O O 0 N N O N J a fn rn rn to M m c �L �a m Ln O 0 M O O O N N O N J a c m E U r r Q NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 312 NEIGHBORHOOD INFORMATION MEETING 9•A.1.c PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 —JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***T>GePSe be as The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, O 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: mac- -" 3 �,.,s�� �T.�� 9 ►� �r�l#w d �j A�� � o . �, �� ADDRESS: PHONE: NAME: Gpa 1� � EMAIL: � �� rK5f1 X0 Vn ADDRESS: c-A PHONE. NAME: i f u jr4y EMAIL. T r C , 315 �� f 4( , eorA ADDRESS: _ PHONE: NAME. Ufqk EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: int PHONE: NAME: �1�—I�'k� EMAIL: ADDRESS: 4 NAME: ADDRESS: ?_`iq g PHONE: EMAIL: u PHONE: ( iq 6) 3 V-1 "4& NAME: EMAIL: ADDRESS: mm� �^ PHONE: CL M ca J . C qA m 2 Ln O 00 N N O N J a NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 313 9.A.1.c NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 —JLM Living East Residential Overlay; and PL20220003805 —JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY Z. The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, as O e-mail addresses, phone numbers and certain home addresses are public records once received by a government �a 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: tz EMAIL: -� �� LU of S ADDRESS: PHONE: >_ J J 7 NAME: EMAIL: c m ADDRESS: PHONE: E c a� E Q NAME: EMAIL: a M ADDRESS: PHONE: O v 0 0 M O NAME: EMAIL: O N N ADDRESS: PHONE: J a rn rn NAME: EMAIL: tCD o N ADDRESS. PHONE: a U M m NAME: EMAIL: �L ADDRESS: PHONE: x W) O 0 NAME: EMAIL: c O ADDRESS: PHONE: N 0 N —• J a NAME: EMAIL: E ADDRESS: PHONE: r Q NAME: EMAIL: ADDRESS: PHONE: Packet Pg. 314 NIM Sign -in Sheet OS/30/2023 NEIGHBORHOOD INFORMATION MEETING 9•A.1.c PETITIONS: PL20220003804—JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***T>�ease be advised" ** f° as The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, O 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:laL 1EA� EMAIL: ADDRESS: -I�l l�-_s PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME, EMAIL: — ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: a U M m c �L �a m x W) 0 00 M 0 0 0 N N O N J a. c m E r r a NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 315 9.A.1.c NEIGHBORHOOD INFORMATION MEETING PETITIONS, PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY * *' PL661 Se be `m The information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, O e-mail addresses, phone numbers and certain home addresses are public records once received by a government agency. If you do not want your a -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. 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E .0� U 0� C =U 6669Z) dnjoe8 6uiaeaH S08£OOOZZOZId :4u9w43e44V O O M � L O �11 N 4 ./ w a w E o .E E O o E � o, o` of N M N a i M > Q) O Q) a U U a Q) Q) E E > a a� o C� o = >. N > U -- O M O N U J V � L N U— M .Q vi O O U O U- •= oz o o� LU mU c v m 0 U - U o U m 4- � o z = U ° mm a Q a� w y- o _ -;uawpuawy dWJ-408£OOOZZOZId : 6669Z) dnjoe8 6uueaH 908£OOOZZOZId WOM43e14y 1 '{ r+Jr ❑� _ . . i i : :�❑� Q U O L Z LO = CL Z Z CO O .V �a. Q O O a am W N O u � � N a � � % Z � U O a=i o z Z Q Q > O 00 o Q p N O N O Q U Z O O u O z o c U c O O U C a o � t 3 O u a o O H O .E LCLI o C > CL > c v c = U U u N O O CL U a Z O U ol D, M N o E O O O N -�C E o a a� � E O t O Q C-0 h 301, A a M M 6) IL z •1 U m a 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold Sharon Umpenhour Wayne Arnold 00:00 Can you hear me at this level okay? I think we're going to go ahead and get started. Sharon will be recording the meeting. We'll have her get set up with the recorder and we'll get started in just a minute. 00:07 It's on. 00:07 Oh, okay. All right, we're ready to roll. So good evening, everybody. I'm Wayne Arnold. I'm a planner with Grady Minor & Associates here representing the applicant. Sharon Umpenhour is from our office. She's in charge with the audiovisual tonight and we're required by the county ordinance to make a transcript of this meeting. So it is being recorded and we'll go through a short presentation and then we'll have Q&A. But the only request we have is one question at a time when we get to the Q&A, and we'll try to capture everybody on the microphone so we can have a legible copy for planning commission and board county commissioners as they move ahead. So we're here for two applications. We have a small scale comprehensive plan amendment and we have a companion duty rezoning. And these are the two application numbers, if you all are interested. 01:00 This presentation, by the way, will be available on our Grady Minor & Associates webpage. We'll also make a copy available to the county should you want to contact them. So the company we're representing is JLM Living, they're large developer of rental apartment communities around the country. This is a little bit unique for our area because it's not a large scale rental building. These are horizontal rentals in the industry. So they're a series of one and two family attached units that will be for rent. So our project team consists of, obviously, the applicant, Richard Yovanovich, who many of you probably know as our attorney for the project. Mike Delate, who's in the back room with Grady Minor, he's our civil engineer for the project. Marco Espinar is our biologist on the project, who's here in the audience. And Jim Banks, who is our traffic engineer, couldn't be with us tonight. He had a medical issue and couldn't be here tonight. But we'll do our best to answer any questions you may have on traffic. 02:02 The project is about 37 acres. It's located just east of the charter school on the south side of Immokalee Road, located just west E of the Pulte community. I'm assuming that many of you all reside in the Pulte project that's located just to our east. But Q we're in the review process right now with both applications. JLMLEP-22 JLM Living East May 30 2023 NIM Pagi I -f Packet Pg. 335 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript We've received preliminary comments from Collier County staff and we're in the process of responding to those comments. Marco is fairly new joining us as the biologist and took over from the prior biologist. So we've been reworking part of the application and we'll be resubmitting to the county soon. Right now, the lands are designated ag rural, they're part of the rural fringe mixed use district zoned agriculture. There's a ST sensitive treatment overlay that we would be removing. We're proposing to create a new overlay for the comp plan designation and the zoning, which would allow us to build up to 350 residences on the 37-acre project. 03:05 So we have the small scale amendment. We're asking for the rezone for 350 units. We're calling it horizontal rental and we've made commitments in the application to provide a portion of these units as affordable rental community. I think Rich may help me, but I think we're at the 100% or less range for 22.6% of the units that are actually constructed here. That seems to be the number that the county commission has landed on right now. At least that's the current thought for when we are asking for plan amendments and things beyond what the current code allows. And we're providing some affordability to ease with the situation we have throughout the county. The overlay language is part of the actual application. I'm not going to go through every word of that, but it sets out the maximums in this area and identifies the percentages of units out of the 22.6. Half of those have to be at thresholds meeting the county guidelines and half with a different ratio. 04:10 The property is highlighted in red and that's the 37.2 acres. There's your project. If you live next door is located in this area and you access from Immokalee Road, and I think there's a team for the access with Richard's. Our only access point will be Immokalee Road. If we have a right-in/right-out access. We have had early communications with the charter school to the west to allow interconnection with them, so we could gain access to their traffic signal. 04:42 This is our proposed master plan and just about to point out the highlights here. So here's our access point. Right-in/right-out on Immokalee Road, a potential interconnection with the charter school in this approximate location. All of this area along our eastern boundary, probably for more than three quarters of that length is part of our preservation area that'll be retained as native vegetation preserve. And then, everything in R, are designed to be recreation... Excuse me. Residential tracts, JLMLEP-22 JLM Living East May 30 2023 NIM Pagi 1) -f 1 A Packet Pg. 336 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript where the home sites would be located. And then, our amenity area and leasing offices would be up near Immokalee Road. So those are the features of the project. This is it on an aerial that shows the relationship with charter school connecting with their driveway potentially here. And then, you can see our preservation area, how it extends along adjacent to the property, the Ventana Pointe to the east of us. This is considered the better quality of wetland area and the county staff has asked us to make this the widest part of our preserve. So it connects to the preserve in your community if that's where you reside. 05:53 Again, we're asking, this has been a challenge because it's not really a traditional multifamily project, but we're calling it multifamily, and it will consist of probably only one and two attached units. So there'll be freestanding units, there'll be duplex type units that will be for rent. No units where there are more than two stories in the project. Heights of the buildings, 30 feet, zone height, 35 feet, actual height, probably comparable to almost any other residential project you find in the community. So that gets us up to a two-story product. And, again, there's an easement vacation that's a companion to the project and that's the internal easement area that services, four lots down here, where there's a couple of home sites back in here. But we're proposing to vacate that but with no access to Sundance to the south. 06:56 These are some one-story renderings to show you what these rentals look like. So you can see that's the freestanding version where we have no other unit attached to it. So you would as a renter rent this entire space, rather than platting these as individual lots, there'll be for rentals for up to 350 units. Here's an example of a two-story version of that. So you can see the scale is probably on the smaller side of single family residential, but still nonetheless, it's the freestanding model. And then, these began to show you an example of the attach type product in this area as well as the amenity. They, obviously, provide a very nice amenity for the residents. These communities tend to be on the little bit higher rental price point than other communities and that's because they provide the freestanding product. They also provide high -end amenities for the community. 07:56 You get a sense for sort of the streetscape that starts to occur here. You can see that's a combination of attached units in this particular area, and then there's some freestanding units shown JLMLEP-22 JLM Living East May 30 2023 NIM Pagi 11 _r 1 A Packet Pg. 337 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript back in this area. But that's typical streetscape. It's not a platted street, but it's a driveway with sidewalks and easy access to the amenities in the community. So that's a brief presentation. But as I mentioned, we're in the review process right now. We do not have hearing dates established, but we will go to the Collier County Planning Commission. And when that meeting date is scheduled, if you receive notice for this meeting, you would receive notice for the planning commission hearing and ultimately the Board of County Commissioners, who will make the final decision on this. 08:42 All this information is available on our website. We've also provided information. Eric Ortman and Parker Klopf both with Collier County Government are here in the audience taking notes and listening to this. You can contact them. We've got their contact information on the bottom of the page. So if you want to maybe take a photo of that with your phone or feel free to contact Sharon Umpenhour in our office. We'll make sure you get a copy of the presentation and any contact information that you may want to have. But so that's it in a nutshell, I'm happy to try to answer any questions that we may not have answered. But as I said one at a time and we'll try to get the microphone in your hand so we can make sure it's legible in our transcript. Yes, sir. Speaker 3: 09:24 Thank you. So I understand there's two separate sites in east and the west. Are you saying there's 350 homes in the east site alone? Wayne Arnold: 09:37 Yes. The proposal is on this site. It's same applicant but they're two separate sites, east and west. This is the east site as we're calling it, just to distinguish the two. And yes, we're requesting 350 units in this project. Speaker 3: 09:51 Wow. Speaker 4: 09:53 Can you go back a couple slides to where it shows both reserves backing up between our community and the next community? So I can ask a question. All right there. You have a 30-foot public road right of way. It's just... Yeah. Down right there. Yeah. What's the reason? What's that for? Wayne Arnold: 10:16 Okay. That easement is an existing easement that's granted in favor of Collier County. We don't think they've ever accepted it, but it is an easement that shows up in the title work. We talked about, it's off our site. There's a notch there that is not part of JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 338 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript our property. We tried to go out early on to reach out to the prior owner to see if they would quitclaim it back to us. We weren't successful in finding the chain of title for that and as it turns out, it would've been in our preserve anyway. So we didn't really need it. So we abandoned the vacation process. So there, we couldn't really vacate it. It wasn't on our property. It happens to be, I think, just a strip of land that's independently owned. Rich, you may know, but I thought it was like a third party that owns that. Is it right? Richard Yovanovich: 11:04 Through the conveyance history. And I don't know why this happened. One of the deeds lessed out that 30-foot-wide area. We tried to track down the owners of that 30-foot-wide area. They have passed away. So going through and trying to track down all the errors that require times of that 30 foot area, no man's land just wasn't worth it. So whoever owns that property really can't do anything with it. So it'll [inaudible 00:11:36] state Speaker 4: 11:38 So is that something that's going to stay on the map like that for either run out, it's always going to be labeled like that on the map? It can be removed. Richard Yovanovich: 11:43 Yeah. We can't remove it because we don't own it. But the odds of anybody coming in and wanting to develop that area are slimmer than us. Speaker 4: 11:52 Is there any access to it? Richard Yovanovich: 11:53 No. Wayne Arnold: 11:55 The question was, is there access to it and there really is no access to it. It doesn't extend all the way to Immokalee Road, and it doesn't extend all the way south down to Sundance. It's just a remnant piece of land. And as Rich said, it probably will never be developed 'cause there is no access and there's no utility to the 30-foot easement that's encumbered with public right of way benefit. The county, could they improve it to put in some drainage benefit or something in the future? They may, but I think that they're the only people that I know they have public rights to it. Any other questions? Speaker 6: 12:30 Okay, so just a few questions. No access point is going to m intersect with Ventana Pointe. It's just going to be off of your E own access point off of Immokalee or the school? r r Q JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 339 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 12:45 Correct. There's no access point into Ventana Pointe. The only access we're proposing is either to Immokalee Road and/or through this potential interconnection location - Speaker 6: 12:53 How about you to share our access point at all? Wayne Arnold: 12:56 We are not looking to share your access. Speaker 6: 12:57 And the homes that are up against your development towards the back, what's between them? Wayne Arnold: 13:05 That will be the area to the southeast in this area that will be a landscape buffer per Collier County land development code for, not sure if that's going to be... Sharon, do you know if that's 10- foot buffer in that area? Speaker 6: 13:18 Is there going to be a wall? Wayne Arnold: 13:20 1 don't think we're that far along to know if there's going to be a wall in that location unless it's required for water management purposes. Speaker 6: 13:29 What is the approximate rent? Wayne Arnold: 13:30 The question was what is the approximate rent? And I don't think we have that number to date. Just looking at the affordable guidelines that we do have access to for those units Those are going to be, potentially, I think two bedroom units are kind of the thing that we've based those on. Rich, I don't have the table with me but the - Richard Yovanovich: 13:50 Speaker 6: 14:00 Richard Yovanovich: 14:03 Wayne Arnold: 14:03 Speaker 7: 14:04 Richard Yovanovich: 14:07 The rents are all market rate with rents, so they'll probably be a little bit higher than we were seeing the Pearl and other places since there. Can you give us an example of what's a little higher? I don't know the exact number [inaudible 00:14:04]. Guys, one at a time, please. Okay. I'm sorry. I can tell you that basically a two -bedroom unit, I think in The Pearl's rent and yours is 3,000 a month. So, unless there's a a lie M m a� c �L as x uO 0 00 M O O 0 N N O N J d r C m E U R r r Q JLMLEP-22 JLM Living East May 30 2023 NIM Pagi K _r 1 A Packet Pg. 340 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker6 Wayne Arnold Richard Yovanovich Speaker 7: Wayne Arnold Speaker8 Wayne Arnold Speaker8 Richard Yovanovich Speaker8 Wayne Arnold Richard Yovanovich dramatic decrease in rents, there's going to be higher than that is my estimate. Yeah. 14:21 Is this a gated community? 14:25 Yes. It's intended to be gated community. 14:28 Yes, it's intended to be gated. 14:29 And what kind of amenities are you giving your residence? 14:32 The question is what type of amenities will the residents be given? Right now, what I've seen on their preliminary plans has a small clubhouse area with recreation, exercise room, et cetera. And it will have swimming pool and as I pointed out, that amenity area is in this location up here among the road. Yes, ma'am? Let me get this to you. 14:58 Why is it that they didn't put any additional buffer towards that back end of the community? And also, for the rentals, are they going to be monthly? Are they going to be six months? Are they going to be three months? Are they going to be annual? What's the plan for that? 15:16 15:48 So what we're showing on the master plan is the preserve area It's called out as a separate tract, and we have to label our _nreserve areas. So all of this crosshatched area is the nreserve. There will still be landscape buffers in this area along our south and all along our western boundary as well. So there will be a landscape butter, just as you all have a landscape butter on your project. And from the standpoint of the rental, I don't think we know, but it's very likely that it's going to be a series of monthly, annual, et cetera. Thank you. 15:51 These are not going to be short-term rentals. I don't know if they're going to be six months and above or a year and a month. But they're not intended to be monthly short-term rentals. 16:02 Pet friendly? 16:03 Pet friendly? 16:04 Yeah. JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 341 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 16:05 That's the question. I assume it will be. Yes, ma'am? Hang on Speaker 9: 16:08 Yeah, just a quick question for you. So, essentially if you live in the back of Ventana Pointe, you're going to be able to see the house. You're saying a 10-foot buffer, that consists of probably no full tree. So the people who live in the back will essentially see right into the houses of the people who are in the other neighborhood. So that's my question. And you're comparing the rent to The Pearl. Is there a way that we can know the demographic information of typically who is renting in that bracket so that we can have an idea of who's going to be living right next door to us? Wayne Arnold: 16:39 Well, I think the answer is all of the units are going to be market rate rentals, whatever that market bears for these and it's traditionally higher than a conventional apartment building. And then, we've made the commitment that 22 and a half percent of the units constructed would meet the affordable guidelines. So it is not a direct fair comparison to The Pearl, et cetera because the affordability component will have some of the units at lesser price points. And with regard to your question about the buffer, it is going to be buffer comparable to what you have. I can't promise you that those handful of units have a view of our units, but they're restricted to no more than two stories. Speaker 9: 17:17 In the front of the neighborhood, in the middle, the preserved situation will remain intact, or what's happening there? I see it's wide, but I look in the middle. So I'm trying to understand how that affects, a lot of us bought our houses because of that? Speaker 8: 17:32 Because we were told it would never be touched, all of it. So how does that change for the people in the middle? Wayne Arnold: 17:37 So the area that is in the middle, if the middle is... The pointer is not working. In this area. So our widest preserve area abuts the widest preserve area of your community as well. That's what the agencies ask us to do. That's what one of the Collier County requirements is that we have preserves that connect to other preserves. So that's what we've tried to do. Where you have preserved, we're connecting to all of that preserve as well. So what we'll do, if there's any exotic vegetation there, we have to go in and remove it. We may have to do some restoration. There probably will be partly used for a water management system, but if we plant vegetation, it will have to be native vegetation. JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 342 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker4 Wayne Arnold Speaker 10: Speaker 7: Richard Yovanovich Wayne Arnold: Speaker 7: Richard Yovanovich Speaker 7: Wayne Arnold: Speaker8 18:20 What are you guys going to do about the current wildlife that's there? The bears and the deer, bobcats, turkey, all the animals that we see. What do you guys think about that? 18:31 We're required for listed species to provide management plans as we go through the process. So, for instance, there'll probably be requirements as you have for black bear management plans and there'll be bear proof containers for trash and things like that. But the county has standards for those. The other agencies look at those as well. But for the deer and other wildlife that are native but not necessarily protected, they'll have our preserved area to live in as well as parts of the golf course and other open spaces in the area. 19:00 [Inaudible 00:19:00], sir? 19:00 Is the community going to have access on Sundance Street? 19:04 No. 19:06 No, there's no access on Sundance. 19:08 So what happens with that road? That's a private road right now. 19:11 Can you say that- 19:12 What happens with Sundance Street, since it's a private road to our home right now? 19:17 Sundance Street was made provisions in your community to provide for the right of way and keep that access open. We have no provisions to connect to it. There's a right of way easement that exists there. We're not proposing to utilize it at all. Yes, ma'am? 19:37 This may be more of a suggestion than a question, but regarding that back portion. Most of those homes were single story. So if you put two stories there, they're just going to be looking right into the back of our homes. And I'm hoping that the developer takes that into consideration and maybe the 10-foot buffer is enough for Collier County, but perhaps if the developer's going to be doing this, maybe they might consider putting something a little bit thicker. Speaker 7: 20:05 Or redo the wall. JLMLEP-22 JLM Living East May 30 2023 NIM Pagi0 -f 1 A Packet Pg. 343 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 8: 20:05 More wall. Wayne Arnold: 20:05 So, certainly, talk to our client about the provision, whether or not we can restrict that to single story or put in a commitment for a stronger buffer for you. Yes, sir? Speaker 11: 20:13 Just to follow up on her comment. My house isn't facing that direction. I don't necessarily have life or death emergency here, but a lot of people bought their dream homes on that side promised preserve. And yes, the reality is there's going to be a very thin, thin buffer there. And I'd like to just suggest that perhaps we don't look at the preserve up north and we don't look at that tract of land where you can't find the owner as some sort of act of good faith. Maybe the county requires it. It's just there because it has to be done by the developer, not because they want to. They love to jam chock-full of houses. They might be able to create some goodwill if they were to listen to the lady's suggestions and actually put a true buffer because you can see right through there. I can see that little shack that's in the middle of the woods there. 21:10 So I'd just like to say for the record, there's 70 some homes over in Ventana Pointe. We're saying that there's going to be 350 there. I mean you can see the maps, they're mirrored. You've got 70 there. It's almost somewhat disingenuous. Number one, 350, it's like, "Let's ask for 10 times more than what we actually want." I think that's what's happening here. Unless you have hobbit homes, I don't know how you fit number one, 350 on there. And then, also for the record, let's not pretend that the preserve is somehow a contribution to the neighbors. It's not. It's there because you have to, and maybe they could get some goodwill if they actually did something. Not because they're made to do it, but because it's what you would expect, or I would expect. It's what you would do if you wanted to be courteous to your neighbors and recognize that some of these people, this is their dream home and they're about to be looking into rental apartments, not condominiums, not places that you'd be selling for 500 or 600 a piece. But a cash grab, a monthly, annual cash grab. Wayne Arnold: 22:16 Thanks for your comments. Yes, ma'am? Speaker 8: 22:21 One more question. So essentially... Wayne Arnold: 22:22 Maybe use the other one. Q JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 344 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 8: 22:23 Sorry. So, essentially, where are we now with all this? What can we do? Because you just said, many of us just spent a crap ton of money on our homes without being told that this was even going to happen. I mean, Pulte did not, maybe they didn't know. But this was not disclosed to us. And here we are. Many of us just have lived there for several months. Some people have not moved in yet. So I guess what stage are you in? Is there any way that this won't happen or just what can we... Can you inform us of what we can do? Wayne Arnold: 22:51 Sure. We are in the sufficiency review process for both applications and the county is still reviewing it and our application will be looking at it for the next few months. No hearings have been scheduled. You're provided the contact information. I'll put it up again. Parker's contact information. He's with comprehensive planning staff. Eric Ortman is with the zoning staff and together they'll be reviewing our application and all of the information we give in the county to determine whether or not they're going to support it. We're going to support it with changes, make a recommendation for approval, we hope. Speaker 8: 23:24 Your [inaudible 00:23:25]. Wayne Arnold: 23:27 Yes, ma'am? Let me get the Comment from you. Speaker 8: 23:27 Sorry guys. Speaker 11: 23:27 That's okay. Speaker 9: 23:37 So just a quick question on the affordable housing piece. What was the decision behind that, including that you said 26%? Wayne Arnold: 23:45 It's 22 and half percent. That seems to be the number, Rich and I have handled a handful of these projects, where we were asking for a comprehensive plan amendment to increase density or change the unit types, which this is an example of that. And that seems to be the figure that county commission and staff have accepted as an appropriate mitigation for those increases to at least give back something to the affordable housing crisis that we have in the community. Anything else from anybody? Speaker 3: 24:18 How do you propose to handle the traffic that needs to go westbound? JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 345 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 24:24 So the traffic that would go westbound, we would really enjoy the opportunity to connect through the charter school to their light. We've had some initial discussions with them. There's been no commitment that they would do that. So if that's not 0 the case, we'll have a Right-in/right-out only, so our traffic would go eastbound and then find a U-turn movement to go back to the west. rn a� Speaker 6: 24:45 Oh, boy. w Speaker 8: 24:45 1 think that's going to be worth [inaudible 00:24:48]. J Wayne Arnold: 24:49 Please. I can only have one person speak at a time. It's really 2 J disruptive to the audio, okay? Thank you. c a� Speaker 6: 24:55 So to stay consistent with my neighbor's behind me, this plan is E already proposed and there's still chances to make some changes. That right rear corner down there, that seems to be E the problem for all the residents. Is there a way to eliminate a those dwellings on that bottom right R, keep the bottom one 2 0 and just leave that as a buffer zone to leave the neighbors from o seeing the homes? M 0 0 Wayne Arnold: 25:19 1 can't make that commitment tonight that we would leave that N as an undeveloped portion of the site. But I can tell you, we'll be N speaking to our client about whether or not he can do a something with regard to the height of structures or buffering.CD a; Can you get the gentleman right behind you? CD to Speaker 11: 25:42 Just more or less as a statement for the county people and forlie Q- the people on the record. I just moved here from Colorado, U from Broomfield. I moved out there about 12 years ago. And m when you moved to a suburb of Denver, at the time, you could see the mountains, you could see the fields, and there was a true buffer between communities. 12 years later, it's gone. _ Every field, every piece of land that could be developed is being o developed. And you know what's happening to Colorado? c Eventually, you're going to have number one concrete and o pavement and development stretching from Fort Collins to c Colorado Springs. And number two, you make a city unlivable. N J Broomfield went from having fields and buffers between a neighborhoods to being a nonstop urban jungle. E 26:30 And so, my only statement would be that Naples is what it is R because it has good urban management, it has good planning. Q You start wiping out every patch of forest you can and turning it JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 346 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript into, even though I believe 350 is a fictional number and that is impossible. Once you start doing that, you remove the charm of the area, you crowd the streets, you build up more traffic lights, more pollution, light pollution, and you suddenly have no green space. You're just any old American city. Speaker 8: 27:09 What happens if you can't get the 350 units? What happens if it gets cut down at two or 250 or 190 or something like that? Are they not going to continue with the project if they can't get enough units? Wayne Arnold: 27:21 1 think that's going to be an evaluation that our client would have to do, whether it's financially feasible. If you get down to a number that isn't acceptable, there's a lot of costs associated with development and the numbers have to work in their favor, obviously they're not going to develop the project. Sharon, [inaudible 00:27:37]? Speaker 6: 27:40 What will be the projection completion date on this project? Wayne Arnold: 27:46 So we're currently in the zoning process and we're going through the South Florida Water Management District permitting process. We hope to have this wrapped up, hopefully zoning wise by the end of the year, it's feasible. Permitting wise, probably won't be wrapped up until later into the first quarter, second quarter of 2024. So construction probably occurring. Mike, I'll defer to you, mid-2024 at the earliest. Mike Delate: 28:11 Right. Speaker 3: 28:15 You mentioned something about traffic study. Has there been a study on what's going to happen when potentially 900 new motor vehicles coming out of this residence, that during rush hour, have to go up and turn around at the nearest U-turn? Wayne Arnold: 28:29 Yes. We have a professional traffic analysis that's been completed by our consultant. Staff has reviewed it, they've made some initial comments on it. There's not a capacity issue per se on Immokalee Road. So that's all being evaluated by the county at this time. Speaker 6: 28:43 So why did they force you to put it in the claim? E Wayne Arnold: 28:45 Hang on, sir. I have to have it on you. r r Q JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 347 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 3: 28:48 So is that study available on the website by click of the code that they have in the beginning. Wayne Arnold: 28:54 Yes, sir. Everything that's in our application packet that the county has is available for you all to review on our website. Speaker 3: 29:01 Thank you. Speaker 9: 29:01 [inaudible 00:29:02]. Wayne Arnold: 29:01 [inaudible 00:29:05]. Speaker 6: 29:06 Thank you. Yeah. Has this land been purchased or is this all contingent upon the approval? Wayne Arnold: 29:13 I'm not sure what the finer points of the contract are, but they're under contract for purchase and it has not been acquired. Speaker 9: 29:18 [inaudible 00:29:20]. Speaker 7: 29:23 Stay with the traffic situation, the Collier County is not forcing you to put a traffic light in if you can't adjoin with the school? Wayne Arnold: 29:30 The county has some pretty hard requirements to qualify for traffic signal and you have to meet certain warrants and that's partly volume, but partly accident data. The school has one that you can see in this location probably too close to qualify for another signal anyway. So us having our own signals probably not a realistic thought. Yes, ma'am? Speaker 8: 30:00 So I'm not sure if you all realize this, but for us that have kids in school, they just redistricted half of the schools, the middle school and the high school. The elementary school's already over capacity. So, if you're 350 houses, I'm sure a lot of them will have children. How does that impact us and our kids going to school if they were already overcrowded in the first place, and you were lucky enough to just get in? Wayne Arnold: 30:21 So, with regard to our application review, the Collier County School District actually reviews every zoning application, and we fill out a form with the estimated number of units. They calculate how many students that we equate to and then they distribute it amongst whether it's high school, middle, or elementary school students. And they will... Rich, I don't know. And as far as I know, they haven't made any comments yet on JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 348 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript our application. They rarely do make comments early on in the process if there are capacity issues, we do hear from them. But so far, we've not heard anything from the school district. Speaker 8: 30:53 So it wouldn't impact us - Wayne Arnold: 30:55 Hang on. Hang on. Speaker 8: 30:55 Sorry. So it wouldn't impact us getting redistricted again or it could is what you're saying? Wayne Arnold: 31:03 No, I don't have an opinion either way. Whether or not it would be redistricted, that's not something that we have anything to do with. The criteria is developed by the school district, not us. And so, I don't know what that may or may not do to you. Speaker 8: 31:21 Right. So the more people you're putting in, it could do something to us. When we just, again, bought our new houses and now we can get redistricted again if there's more kids coming in. And we're further back towards this, we're further east than that neighborhood. Wayne Arnold: 31:36 Well, that's only one factor. Because, keep in mind, the school district's always looking at redistricting and numbers of students in each geographic area and they're looking at new school sites. So it is not something that directly correlates to this piece of property. It's something that's a little bit larger than just our project. But they're continuously looking at the districts and the size of those district capacities. I see another hand up. Speaker 10: 31:59 Here, sir. Yes, sir. Speaker 3: 32:01 Just wondering, how many square feet the buildings are going to be? Wayne Arnold: 32:05 They vary in size, whether or not they're going to be an individual unit or the duplex. We have a minimum size that's in our application for those. So here we've proposed our development standards table, and this lists the minimum floor area per unit of 650 square feet. That's pretty standard for apartments these days in Collier County. Speaker 6: 32:37 What's the max? Is there a maximum up there for two? Wayne Arnold: 32:39 There's a minimum. Minimum floor area per unit is the first Q row, 650 square feet. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 349 9.A.1.c PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 6: 32:44 That's how you get so many units in there. The closets. Wayne Arnold: 32:48 Well, 650 square feet. That's pretty standard for a one -bedroom apartment in Collier County right now. Speaker 8: 32:52 Everything that we [inaudible 00:32:54]. Wayne Arnold: 3 2:5 6 Any other questions, comments? If not, we'll adjourn and want you to stay posted on the project. You're obviously interested. We appreciate you coming out. I'm going to put back up the slide that had our contact information on it. So, again, if you have any comments or questions, Sharon has cards. If you'd like them and if not, you can contact the county staff. Thank you all for coming out today. Appreciate your time. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 350 9.A.1.d (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 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. 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. 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 OAT] SAYS THAT HE/SHE HAS POSTED PROPERNOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220003804 and PL20220003805. 1 �"y au/ u`'� I/ L%�V 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 20 day of October , 2023, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me of who produced as identifi^^* ^^ and who d4dFdid not take an oath. YP .. CARIN J. DWYER Signature of Notary P lic +: MY COMMISSION # GG 982367 o ` EXPIRES: May 14, 2024 �'FodFtgP' Bonded Thru Notary Public Underwriters cr 1 Carin J. Dwyer Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 351 9.A.1.d Cl) N O N C1 C N O (L C _T U) 4- 0 R Q C N t v R Q Packet Pg. 352 9.A.2 11 / 16/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Doc ID: 27039 Item Summary: PL20220003805 - JLM Living East RPUD -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 a rural agricultural (A) zoning district within the Rural Fringe Mixed Use District Overlay -Receiving Lands and within the Special Treatment Overlay to a Residential Planned Unit Development (RPUD) zoning district within the Rural Fringe Mixed Use District Overlay -Receiving Lands and within the Special Treatment Overlay for the project to be known as JLM Living East RPUD, to allow construction of up to 350 multi -family dwelling units with affordable housing on property located on the south side of Immokalee Road, east of Woodcrest Drive, in Section 25, Township 48 South, Range 26 East, consisting of 37.2f acres; and by providing an effective date. [Coordinator: Eric Ortman, Planner 111] (Companion Item #26999 PL20220003804) Meeting Date: 11/16/2023 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 10/20/2023 10:11 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/20/2023 10:11 AM Approved By: Review: Planning Commission Diane Lynch Review item Completed 10/30/2023 10:31 AM Zoning Mike Bosi Division Director Completed 10/30/2023 4:47 PM Zoning Eric Ortman Review Item Skipped 10/20/2023 8:17 AM Zoning Ray Bellows Review Item Completed 10/30/2023 3:20 PM Zoning Mike Bosi Review Item Completed 10/30/2023 4:48 PM Operations & Regulatory Management Diane Lynch Review Item Skipped 11/03/2023 1:40 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 11/04/2023 1:47 PM Planning Commission Ray Bellows Meeting Pending 11/16/2023 9:00 AM Packet Pg. 353 9.A.2.a Co ffier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 16, 2022 SUBJECT: PUDZ-PL20220003805; JLM LIVING EAST RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD); COMPANION TO GMPA-PL20220003804 Owner: Please see Attachment 2 There are five different owners. Applicant: D. Wayne Arnold Q. Grady Minor & Assoc. 3800 Via Del Rey Bonita Springs, FL. 34134 REOUESTED ACTION: Applicant: JLM Living, LLC 3839 Bee Caves Road #205 Austin, TX 78746 Agent: Richard Yovanovich Coleman, Yovanovich, Koester 4001 Tamiami Trai N. Ste 300 Naples, FL. 34103 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone five vacant parcels currently zoned Agricultural (A) with a Rural Fringe Mixed -Use Overlay Receiving (RFMUO-Receiving) to a Residential Planned Unit Development (RPUD) to be known as the JLM Living East RPUD. The petitioner is requesting a maximum of 350 units; units may be either attached or detached. All units will be rental units. The RPUD also will have an affordable housing component to it. GEOGRAPHIC LOCATION: The 137.2-acre subject property is located on the south side of Immokalee Road, approximately 670 feetwest oftheintersection ofImmokaleeRoad and Richards Street in Section 25, Township 48 South, Range 26 East, Collier County, Florida. Page 2 contains a site location map; pages 3 and 4 contain the most recent proposed master plan. PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 354 N Wnf — 908£000ZZOZ-ld : 6£OLZ) CZ-LZ-OL 8W £Z-OZ-OL OVH 8W 4se3 6uini-1 W-ir liodem Iles :;uauayoe;;y FCUWMI))) i 3 11 II�i1� v IIiIR"W-"%5- CD CD F :y r PUDZ-PL20220003805 JLM Living East RPUD Page 2 of 17 9.A.2.a MdObMER8/O { RII•FOOTWtOELhMIKAW BUFFER REXFC*iknoN4mEHmc) Rl#F�� I1AA P011drlvk � R Vb*CuuYWm% N"WOI Opp xopdc?m �I �11 R gyro- I AN13s) UK' MS1� z�l R of Oil R �11 T I TI my N Il L ;I raNFo- �{IfW114 L���,MM�-lh�l: II u!F ffs"Ww r_E �I E yy !I� R N 1� II IC VICE TfF-E Tr LA. LIW ALM FF R FI❑ +R r 1 i A RESIOENTU1L �rrS,r�--•��.�� 3u,�sr,tL� REEi +6i AMEWY AREA f4Ri�. KlA��4G#r'+Tph;�11++CkI I:E:Vr `� Cff EASEMENT ISEENOTE SHEET j P" Wjoat,6. x:rESCALJF'1'- . &.6 r Id ZDNM '&NlAhA FfANI'E RPUD }90 USE PgEgERVL XV Pi"� 114w VWr3 VDMVAP:WMFft:: U'3w. REm3wkT.4 pT wEI&TAWA rrtaKTE L16E Master Plan — Exhibit C PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 356 9.A.2.a TiYFPL SITE AREA RESIDENTI L A mEm Tl` AREA' LAKE PRESERVE SUFFERS SUNDANCE 5T 37 22 ACRES 27 -Wi ACRES 163%11 41.661 Ar-kES JW%) 1 921 ACRES (5%. 9.3E ACRES 12S%F 1 3t ACRES {4%) -0,452 ACRES I $%) :RESiDEmTWL. M"MUM 350 MULTIfAWLY RENTAL CWELLFNG UNITS OPEN SILAGE REOUaREO. 60% PROvIOED 60% MpTHIN THE OVERALL FvDp PRFSFRVF- K.QUTAED 9 31 ACNE$ P7 Wt ACRES NATIVE W-TXTION M 2$%j #ttOvi0F_D: $ 3t ACRES DIt VLATIOHS 15FE EKHM17 Et 1� bl.l�*JFi�1[+:Fli:i�•l11#�114k Ell- t0' PUBLIC R RM EASEMENT (ORSM. PG?61[, MR 105. PA 242) AND iQR'a34r, PIG 375ti-TO BE VACATED E2 • M' PUBLIC ROAD ROW EASEMENT iOR 129. PG513) 101135239. PG767). lOR 1476. PG ZQ P. 4OR736. P0516) AIdQ [OR 53Q5, PC+ 2751 F 1, THIS PLM IS CUWEMAL IN ►,IATVRE ANO I$ lEci To UINQA M1gptFPCALTIQN DVE to AGENCY PERMITTING REIMAREMENTS t PRE SERVES MAr BE uSED TO SATISFY TIDE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDAhPCE WITH 4.06.02 AND 4.D5.0S.E.1 SUPPLEMENTAL PLANTINUIS WITH NATIVE PLANT MATERLAL5 SHALL BE IN hCDURDhNCE WrFN LUC SECTION 3 05.07 IN; ORDER TO MEET THE REQLFIREMENTS OF A TYPE 'B' BUFFE R. A 5-FwT.WDF L.AAkr]5cAPF RUFFFR RFSFRvATIUN L QGATEb QVTW06 Of THE hkFSFFrVF WILL RE CONVEVE❑ BY OWNER 10 A HOMEOWNER1 ASSOCIATION OR CONDOMINIUM ASSOGiATION AT TIME OF 513P OR PLAT APPROVAL THE 6' WtOE LANDSCAPE BUFFER RESERVATION HAS BEEN IDEN RED ON THE MASTER PLAN IN THE EVENT THAT THE PRESERVE DOES HOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF EXOTICS AND SUPPLEMENTAL PLANTINQ5 4'+ 71 lhl THE PqESERW. PLANTINGS ALL BE PRWDE!D IN TFIE B WIM RE$ERVATHQhN TO MEET THE tlUFFER RIEQVIREWNTS THE TYPE, 517E AND mjuMR OF SUCH NEMITINGS, IF MECESSARY, Y41LL ISIE tDEtERMINED AT TIME OF mrrlAL SOP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR FLAT JLM Lfkymc zAsr aqua 'rXr�wr �� Iadw� Y.-n r.•.. MASTER PLAN HKEN Master Plan — Exhibit C PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 357 9.A.2.a PURPOSE/DESCRIPTION OF PROJECT: The RPUD rezone will convert five undeveloped parcels (see graphic to right) from A/RFMUO-Receiving to RPUD. The petitioner is requesting a maximum of 350 rental only dwelling units, which will be on a single parcel. The RPUD will have a clubhouse, administrative and recreational facilities for residents and guests, and construction and leasing offices only during the active construction phase. Attachment I contains the proposed PUD ordinance. Twenty-five percent (25%) of the units will be affordable housing, with 12.5 percent (12.51/o) being for households whose incomes are up to and including 100 percent (100%) of the area median income (AMI) and 12.5 percent (12.5%) for households whose incomes are up to an including 80 percent (80%) of Collier County's AMI. Primary access will be via Immokalee Road. The applicant is willing to provide an emergency access point via Sundance St. at the property's southern boundary. A potential secondary access could be through the Naples Academy Charter School, which has a signalized intersection at Immokalee Road. Staff has not received any additional details or commitments of this potential secondary access point. SURROUNDING LAND USE AND ZONING: All land shown is also in RFMUO North: Immokalee Rd ROW South: Golf Course (A) East: Ventana Pointe RPUD West: Agricultural (A): current uses include school, golf course, residential development., parcels pursuing a separate PUD rezoning(R) Future Land Use Element (FLUE): The subject f37.2-acre site is designated Agricultural/Rural/Rural Fringe Mixed- Use Overlay — Receiving on the Future Land Use Map (FLUM) and is zoned Agricultural (A) with a RFMUO-Receiving Overlay. The RFMUO replaces the underlying zoning district where that PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 358 9.A.2.a underlying zoning district is A. The RFMUO consists of approximately 77,200 acres (6% of Collier's total land area) and provides a transition between the Urban and Estates Designated lands and the Urban and Agricultural/Rural/Conservation designated lands farther to the east. The RFMUO employs a balanced approach, using regulations and incentives to protect natural resources and private property rights. The RFMUO-Receiving lands are those lands within the RFMUO that have been identified as the most appropriate for development. Various incentives are used to direct development into Receiving Lands and away from Sending Lands. These incentives include but are not limited to, the TDR Program, clustered development, density bonuses, and provisions for central water and sewer. According to the subject properties FLUE designation, the Density Rating System would permit a base density of 0.2 dwelling units per acre (DU/ac) and a maximum allowed density of 1 DU/ac with the implementation of Transfer of Development Rights (TDR) credits. The proposed companion GMPA would establish a new overlay subdistrict to allow development of up to 350 detached and attached rental dwelling units over ±37.2 acres with a proposed density of 9.4 DU/ac. The applicant justified the proposed amendment by including 30 transfer of development rights (TDR) credits to increase density consistent with the overlay. Additionally, they propose a commitment that 25% (88 units) will be income -restricted for affordable housing. More specifically, half of these (44 units) will be income -restricted for those making up to 80% of the Area Median Income (AMI), and half (44 units) will be income -restricted for those making up to 100% of AMI. The need for affordable housing in Collier County has been well documented by county staff, private -sector developers, and members of the public. The applicant only provided a general reference to the 2017 Urban Land Institute report and the Consolidated Plan for Housing and Community Development 2021-2025 to support the plan amendment. No specifics were included. Without any justification beyond the reference to the two studies, Comprehensive Planning staff used LDC 2.06.03 to calculate allowable density and cannot support the density being proposed in the GMP amendment. The table below shows the total units allowed based on units permitted by right, TDR credits, and affordable housing density bonus per LDC 2.06.03; the result is a density of 6.5 DU/ac or a total of 242 dwelling units. DU/ac Total Units Allowed Allowable Base Density in RFMUO 0.2 7.4 30 TDR Credits 0.8 29.8 12.5 % of total units at AMI <80% 3.25 120.9 12.5% of total units at AMI <100% 2.25 83.7 Totals 6.5 241.8 Staff and the applicant have been working on a secondary access point. The applicant has indicated that they have been talking with the Naples Academy Charter School to provide a secondary access through school property; however, nothing definitive has been decided. The Naples Academy Charter School would need to redo its conditional use, which would involve a cost in time and money. FLUE Policy 7.3 states, "All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element." The applicant has agreed to provide an emergency access point via Sundance Street. Transportation Element: In evaluating this project, staff reviewed the applicant's April 21, 2023 (revised) Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 Annual Update and Inventory Reports (AUIR). PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 359 9.A.2.a 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 currentAUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project' significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition, the proposed development will generate a projected total of +/- 314 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road and Collier Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Projected 2021 2022 Hour Peak P.M. Peak AUIR AUIR Direction Hour/Peak LOS/ LOS/ Volume/Peak Direction Remaining Remaining Direction Project Capacity Capacity Trips 1 43. 1 /Immokalee I-75 to 3,500/East 59/East D/ D/ Road Logan Blvd 645 480 43.2/Immokalee Logan Blvd 3,200/East 69/East E/ F/ Road to Collier 1 (2) (399) (2) Blvd 44.0/Immokalee Collier Blvd 3,300/East 158/East F/ F/ Road to Wilson (403) (2) (426) (2) Blvd 30.1/Collier Immokalee 3,000/North 69/North D/ D/ Boulevard Rd to 555 (2) 445 (2) (CR-951) Vanderbilt Beach Rd 30.2. Collier Vanderbilt 3,000/South 40/North B/ B/ Boulevard Beach Rd to 1,502 1,412 (CR-951) Golden Gate Blvd PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 360 9.A.2.a • (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the November 11, 2022, Traffic Impact Statement provided by the petitioner. • (2) Expected or existing deficient by trip bank, see State Statute 169.3180. Provisions of Florida Statute 163.3180: ■ Must allow an applicant to enter into a binding agreement to pay or construct their proportionate fair share. ■ Facilities determined to be deficient with existing, committed, and vested trips plus projected background traffic from any source other than the development shall be removed from the proportionate share calculation. ■ The improvement necessary to correct this type of deficiency is the funding responsibility of the maintaining entity. ■ Applicant must receive a credit for the anticipated road impact fees. ■ This proposed development does not cause the expected and existing deficiencies. Based on the TIS, the 2021 and the 2022 AUIR, and the provisions of State Statute 169.3180, the subject PUD is found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period, as noted above. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (COME). The project site consists of 37.2 acres of native vegetation. A minimum of 9.3 acres (25%) of native vegetation is required to be preserved. GMP Conclusion: The Planned Unit Development Rezone petition may only be deemed consistent with the Growth Management Plan's Future Land Use Element (FLUE) if the companion GMPA is approved and is in effect. Comprehensive Planning staff cannot support the amendment at a 9.4 DU/ac density. Applications to rezone to a RPUD shall include a Master Site Plan for development, a list of permitted and accessory uses, development standards, any requested deviations along with justifications, and developer commitments. Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (commonly referred to as the "PUD Findings"), and Section 10.02.08.17, Nature of Requirements of Planning Commission Report (commonly referred to as "Rezone Findings"), which establish the legal basis to support the CCPC's recommendation. The Planning Commission uses these criteria as the basis for its recommendation to the Board of County Commissioners (BCC), who use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below under the heading "Zoning Services Analysis." In addition, staff offers the following analyses: Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 9.3 acres (25% of 37.2 acres). The environmental data indicates the proposed project is in an area with the potential to contain a variety of protected animal species. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Several trees with cavities were observed; however, no evidence was found indicating Bonneted Bats was utilizing the trees. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicates the 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. The Environmental PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 361 9.A.2.a Data indicates the subject property falls within the U.S. Fish and Wildlife Service's (FWS) Secondary Florida Panther (Felis concolor coryi) habitat. Although there were no observations of panthers onsite, the project may require panther mitigation. Finally, Northern needleleaf (Tillandsia balbisiana), Stiff -leafed wild -pine (Tillandsia fasciculata), and (Tillandsia setacea), listed as `Less Rare Plants,' have been observed on the property and will be protected in accordance with LDC 3.04.03. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed JLM Living RPUD with the following Condition of Approval: Condition of Approval: The Owner shall convey to Collier County at the time of the first Site Development Plan (SDP) or Plat for this project a Collier Area Transit (CAT) Bus Stop Easement adjacent to the Immokalee Road Right -Of -Way (ROW) with a minimum 6-foot-wide sidewalk connection to the LDC required sidewalk. The easement shall, at a minimum, be 25-foot x 12.5-foot in size. The easement conveyance and sidewalk will be at no cost to the County and free and clear of all liens and encumbrances. Utility Review: The project lies within the regional potable water service area and the North County Water Reclamation Facility's wastewater service area of the Collier County Water -Sewer District (CCWSD). Water and wastewater services are available via existing infrastructure within the adjacent right-of-way. Sufficient water and wastewater treatment capacities are available. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. Landscape Review: Staff has reviewed the petition for compliance with the LDC and recommends approval of this project. The buffer types labeled on the Master Plan are consistent with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC and recommends approval of this project. Zoning Services Review: The RFMUO standards replace those of the underlying district when that district is agriculturally zoned. The base density in the RMFUO-Receiving Lands is 0.2 dwelling units per acre (DU/ac); this equates to 7.4 units for the subject property (37.2 * 0.2 = 7.4). TDR credits may be used to bring the maximum allowable density up to 1 DU/ac. Thirty (30) TDR credits have been used to bring the density up to 1 DU/ac, adding 29.8 units to bring the total to 37.2 units out of the 350 requested, a deficit of 312.8 units. Regarding staff s repeated requests for additional justification for the density increase, the applicant has stated that "The need for additional affordable housing is well documented in the ULI study from 2017 and the updated Housing Plan prepared by Collier County." and that "The balance of the units (313) will be achieved by committing 25% of the total units constructed will be income restricted to occupants earning less than 100% of the Collier County AMI." The companion GMPA petition provided the same justification for the requested density bonus. There is a developer commitment to affordable housing; there is no Affordable Housing Agreement. The 350 units being requested is a density of 9.4 DU/ac. Lacking justification beyond what was stated in the last paragraph, staff "calculated" potential density based on recent Board of County Commissioners (BCC) decisions and LDC 2.06.00 using the applicant's provision of 12.5% up to and including 80% AMI and 12.5% up to and including 100% AMI. Recent BCC Decisions: The table below includes BCC decisions on PUDs since January 1, 2022, that have included affordable housing. The average percentage of affordable housing for the eight petitions is 29.4 percent (29.4%). If the PFCF/NSV Immokalee MPUD is excluded, the average affordable housing PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 362 9.A.2.a commitment is 23.9 percent. Ventana Point RPUD abuts the subject property to the east and was approved by Ord. 20-22 for 77 units on 37.2 acres, a density of 2.1 DU/ac. Name Ord./Res. Afford/Total % Affor d Collier Blvd. Lords Way Ord.22-24 223 out of 690 32.3 Amerisite CB MPUD Ord. 22-25 68 out of 303 22.4 Carmen Drive 15 RPUD Ord. 22-26 48 out of 212 22.6 Santa Barbara -Whitaker Ord. 22-40 43 out of 216 20.0 Orange Blossom Ranch PUDA 1 Ord. 23-11 40 out of 400 10.0 Tree Farm MPUD PUDA 2 Ord. 23-34 174 out of 580 30.0 Ascend PUDA PL20220002908 3 TBD 62 out of 208 30.0 PFCF/NSV Immokalee MPUD Ord. 23-44 170 out of 250 68.0 Notes 1. Ord. 23-11 added 400 dwelling units to bring PUD total to 2,350. PUD is in the Settlement Area. 2. Ord. 07-54 was originally approved for 425 units with 15% "affordable." Amended by Ord 20-03 to 460 units with 30% "affordable." Amended by Ord. 23-34 to 580 units with 30% "affordable". Per monitoring reports, the first 54 homes were built in 2020; 286 more were built in 2022. 3. October 24, 2023, Board Agenda Item. Executive Summary lists "affordable" as 30% LDC 2.06.00: Page 83 of the GMP allows for an affordable housing density 1DC2.06.03.TabkA—ExoecPt bonus of up to 12.2 DU/ac in the RFMUO based on LDC 2.06.00. Using the excerpt for LDC 2.06.03 (shown to the right) and Footnote 2 of the table, which states that "developments with percentages of affordable housing units which fall in between the percentages shown on Table A shall receive an AHDB equal to the lower of the two percentages it lies between, plus 1/10 'd t' l d ll' t h dd't' l Product (% of MI) 10% IM. Moderate (>50-5120) J 2 4 Low {>50—<B0) 3 6 of a resa en as we ang una per gross acre Jul eac a a aona 4.Owner-0ccupied only percentage ofaffordable housing units in the development. „ At 12.5 percent (12.5%) up to and including 80% AMI, the density bonus is the 3 DU/ac provided at 10% AMI plus 0.25 DU/ac for the additional 2.5 percent of affordable housing or 3.25 DU/ac. At 12.5 percent (12.5%) up to and including 100% AMI, the density bonus is the 2 DU/ac provided at 10% AMI plus 0.25 DU/ac for the additional 2.5 percent of affordable housing or 2.25 DU/ac. The total AHDB is 5.5 DU/ac. The maximum density using TDRs is 1 DU/ac, bringing the total maximum allowed density to 6.5 DU/ac. Note that footnote #4 of the AHDB table requires owner -occupied units of moderate -income level. Staff asked the applicant if they could provide 30% affordable housing. The applicant stated that he could not provide 30% affordable housing and responded below. The applicant cannot meet the requested 30% affordable housing request. As you know the traditional multifamily product has more than double the density to that of the build to rent (BTR) product. The lower density of the BTR product leads to higher construction costs per unit due to a multitude of reasons including, economies ofscale & having less units to spread the fixed costs (sitework/clubhouse / impact fees / etc.) across. If we were to look at this on a unit comparison between BTR & traditional multifamily, the unit costs for the BTR product are significantly (1001o) higher which makes it very difficult to allow for the same percentage of affordable units as a traditional project given the lower rent (at an average of a 25% discount to market rent) will deem the project financially unfeasible. To summarize, the higher density on traditional multifamily translates to a significantly (100/0) lower construction costs per unit, which allows their product to absorb a higher percentage of affordable units than a BTR pro forma. Building Separation: Building separation is another unresolved issue. Long-standing zoning services staff s PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 363 9.A.2.a practice has been to require a minimum 5-foot side yard setback except when buildings share a common wall. This, in effect, provides for a 10-foot separation between buildings. Zoning staff supports maintaining the 10-foot building separation to 1) maintain compatibility with other projects in the area, 2) maintain an inviting environment consistent with the 10-foot separation, 3) not change an existing standard that may become a new building separation standard, and 4) to facility access in the event of an emergency. Fire review bases their separation requirements on the Florida Building Code (FBC). The FBC does allow for building separations of less than five feet based on the fire -resistance rating of the exterior walls. Attachment 3 contains an email from Fire Review regarding building separation. Attachment 4 includes material provided by the applicant in support of a 5-foot building separation. A last, smaller area of disagreement involves LDC 10.02.13.13.1.g, one of the criteria used to evaluate PUD petitions. Criteria "g" asks about "the ability of the subject property and surrounding areas to accommodate expansion." The applicant's response covered the lack of feasibility of expanding the proposed PUD beyond its existing boundaries but did not address, despite being asked to, the ability of the project to internally expand. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject property abuts the six -lane Immokalee Road at its northern border. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period, as noted above. Water and wastewater mains are available along Immokalee Road. There are adequate water and wastewater treatment capacities to serve the project. The graphic to the right and the table below represent a square that is approximately 11,000 feet east -west and 11,000 feet north -south with existing PUDs and the proposed PUD shown. Densities are shown in the table below. Most of the rest of the land is zoned Agricultural and is within the RFMUO. There are several large land developments on land zoned Agricultural that consists of golf courses and residential dwellings with lower densities. Development continues to spread to the east in Collier County with the proposed project being at the inflection point between urban and Rural designated lands 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments or for amendments in those PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 364 9.A.2.a proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which the County Attorney's Office reviewed, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). The Future Land Use Designation of the subject property is Agricultural/Rural Designation/Rural Fringe Mixed- Use Overlay — Receiving on the Future Land Use Map (FLUM) and is zoned Agricultural (A). The GMP for these two designations states that "the Agricultural/Rural Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted therefore most allowable land uses are of low intensity in an effort to maintain and promote the rural character of these lands." "The Rural Fringe Mixed Use District provides a transition between the Urban and Estates Designated lands and between the Urban and Agricultural/Rural and Conservation designated lands farther to the east. The Rural Fringe Mixed Use District employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. " Ongoing rapid development of the County, particularly east of Collier Boulevard, has changed the surrounding area so that it is no longer remote from the current development pattern and is transitioning to be less rural in character. There is no commercial agricultural within several miles of the subject property. The Board of County Commissioners has recently increased density in the RFMUO. Given these factors, if the companion GMPA is approved, the subject property may be considered to conform to the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Based on the landscape review, staff is of the opinion that, from a landscaping perspective, the proposed project will be compatible with the surrounding area. The buffers proposed on the Master Plan are consistent with LDC requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The development is proposing to provide 60 percent (60%) of open space within the overall PUD, which is more than now required by the GMP, which requires a minimum of 50 percent (50%) with the provision of affordable housing. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the first development order (SDP or Plat) when a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project's development must comply with all other applicable concurrency management regulations PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 365 9.A.2.a when development approvals, including but not limited to any plats and or site development plans, are sought. Water and wastewater mains are available along Immokalee Road. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. 7. The ability of the subject property and surrounding areas to accommodate expansion. Water and wastewater mains are available along Immokalee Road. There are adequate water and wastewater treatment capacities to serve the project. Any improvements to the CCWSD's water or wastewater systems necessary to provide sufficient capacity to serve the project will be the responsibility of the owner/developer and will be conveyed to the CCWSD at no cost to the County at the time of utility acceptance. It is not feasible for the PUD to expand its boundaries; however, an amendment to the PUD could be applied for, which could increase the project's density. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. The development will conform to the adopted ordinance. No deviations are proposed. Rezone Finding: LDC Subsection 10.02.08.17 states, "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 of the Future Land Use Map and the elements of the Growth Management Plan. The Planned Unit Development Rezone petition may only be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan if the companion GMPA is approved and is in effect. 2. The existing land use pattern. The existing land use pattern (of the abutting properties) is shown in the Surrounding Land Use and Zoning section of this staff report. The proposed use would not change the existing land use patterns of the surrounding properties. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The proposed petition is surrounded by residential development and is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 366 9.A.2.a 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on the graphic on page five of this report, the property boundaries are logically drawn. Combining the five parcels into a single parcel will maximize the usability of the subject property. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. Favorable housing market conditions make housing development projects more financially attractive for a developer. Land and construction costs have risen significantly in the last several years. Per the applicant, the proposed project, including 88 affordable housing units, is only financially feasible with the requested bonus density increase. A GMPA is also required for the project to be consistent with the Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Development standards for the proposed PUD are comparable with development standards of nearby properties. The units will all be Class A units. Immokalee Road has sufficient capacity to accommodate traffic generated by the development. The proposed change would shift the area to a slightly more urban environment but should not have a negative impact on living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. & Whether the proposed change will create a drainage problem. The proposed PUD will not cause a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Principal structures in the proposed PUD have a maximum zoned height of 25 feet and a maximum actual height of 30 feet. Ventana Point PUD, which abuts to the east, has a maximum zoned height of 35 feet and a maximum actual height of 42 feet. Immokalee Road abuts to the north; a golf course abuts to the south. To the west is a residential development that is a mixture of single- and two-story dwellings. Given the proposed setbacks and height limitations, the proposed project will not seriously reduce light and air to the neighboring properties. 10. Whether the proposed change will adversely affect property values in the adjacent areas. Location is a major component of house valuations. Currently, the Naples area is highly desirable as a place to live. The dwelling units will be built to current development standards, creating an attractive overall development. Property values are affected by many factors, including subjective criteria and other factors PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 367 9.A.2.a may be external to the subject property. Given these factors, it seems a reasonable conclusion that the project will not have a negative impact on the value of surrounding properties. 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 the development standards in the LDC is that sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of the adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of neighboring properties. However, as the project is currently proposed, a GMPA is required to make the project compatible with the Growth Management Plan. With one exception, the development standards are comparable to other PUDs. The one exception that the applicant and staff have agreed to disagree on is the separation distance between buildings. The applicant desires a five-foot separation; staff is asking to continue the long-standing conventional 10-foot separation. There has been confusion over whether Fire Review has or has not supported a five-foot separation. Fire Review's review was limited to fire access and water supply; Fire Review bases building separations on the Florida Building Code (FBC). Attachment 3 contains an email from Fire Review. The applicant supplied attachment 4 in support of a five-foot building separation. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Should the companion GMPA be approved, the proposed project would be consistent with the Growth Management Plan, which is the guiding land use document for the County. The proposed development standards are comparable with the development standards for surrounding properties. The project will provide 88 units of affordable housing (equally divided into the 80 percent and (80%) and 100 percent (100%) AMI categories. In return for this provision, the developer is asking for an increase in the density of the overall project. This "affordable housing density bonus" is available to all developments. Given these factors, the proposed development does not grant any special privilege to the project that is not available for similar projects. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property could be developed in accordance with the current zoning. However, there are legitimate reasons for developing the property as proposed. The County needs more apartment/rental housing and more affordable housing. This project will provide 350 units of rental housing, of which 88 will be affordable housing. 14. Whether the change suggested is out of scale with the neighborhood's or the County's needs Assuming adoption of the companion GMPA, the project will be consistent with the GMP and, therefore, be in the public's interest. While on the upper end of the range of densities in the immediate surrounding area, the property is on the cusp of higher densities to the immediate west and lower densities to the east, and as the development of the County continues, it should not be considered to be out of scale. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are other adequate sites within the County that could fit the needs of the developer. However, a rezone, and possibly a GMPA, would likely also be needed to achieve the density being sought. This PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 368 9.A.2.a property abuts Immokalee Road and has both water and wastewater services to the property. 16. The physical characteristics of the property and the degree of site alteration would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Since all the land contained in this petition is undeveloped, any development will require typical site alteration, including land clearing, vegetation removal, additional fill, and development of a stormwater management system. The project will undergo extensive evaluation relative to all federal, state, and local development regulations during the SDP and/or platting processes and later as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. There is sufficient capacity in the roadway system and public utility systems (water and wastewater) to accommodate the proposed project. The project needs an approved GMPA to be consistent with the Growth Management Plan. A companion petition (PL20220003804) has been submitted in conjunction with the rezoning petition. The development will have to meet all applicable criteria set forth in the LDC regarding Adequate Public Facilities. The project must also be consistent with all applicable goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by county staff responsible for jurisdictional elements of the GMP as part of the rezoning process, and staff has concluded that the developer has provided appropriate commitments so that the impacts to the Level of Service (LOS) will be minimized. 18. Other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare. To be determined by the Board of County Commissioners during the advertised public hearing. DEVIATION DISCUSSION: The petitioner is not seeking any deviation requests. NEIGHBORHOOD INFORMATION MEETING (NIM): The applicant conducted a NIM at 5:30 p.m. on May 30, 2023, at the Collier County Government Services Sector at 15450 Collier Boulevard. The NIM included the companion GMPA, PL20220003804. Eighteen members of the public signed in in person. Mr. Arnold, with assistance from other applicant team members, provided an overview of the project. Concerns from the public were over traffic and the amount of buffering between the proposed project and the abutting community to the east (Ventana Pointe RPUD). Many of the people in attendance stated that they live in Ventana Pointe. In response to the houses being too close to Ventana, the applicant extended the 25-foot enhanced landscape buffer to the southern terminus of the property. The graphic to the right is the master plan that was used at the NIM. The green line denotes the extended buffer. Overall, there was moderate opposition to the proposed project. PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 369 9.A.2.a ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Environmental Services staff recommend approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The Applicant is requesting 350 dwelling units on 37.2 acres, or 9.4 dwelling units an acre. The applicant is also requesting a building separation of 5 feet, a reduction of the Board's policy of a 10-foot building separation for single-family homes in Planned Unit Development Zoning Districts. In considering this policy change, the Planning Commission should consider the appearance of 350 single-family homes with a five-foot building separation on a single parcel of land and the public's health, safety, and welfare for emergency access and the placement of generators and AC units. For comparison, the building separation required for single-family RSF-1 platted lots is 40 feet [20-foot side yard setbacks], and the required building separation for RMF-6 is "50% of the sum of the heights of the buildings but not less than 15 feet." The County Attorney's office reviewed the staff report on October 20, 2023. RECOMMENDATION: Staff recommends denial of this petition at the requested density (9.4 DU/ac) and the proposed amount of affordable housing (25%). Based on the information provided and contingent upon approval of the companion GMPA (PL20220003604), zoning staff supports approval of the petition at 1) a density of 6.5 DU/ac (242 units) and 25 percent (25%) affordable housing or 2) at the requested density of 9.4 DU/ac (350 units) with the provision of 30 percent (30%) affordable housing which will provide a greater public benefit and partially offset the difference between what the applicant is proposing and what is provided for in LDC 2.06.03. In either case, staff recommends maintaining the 10-foot building separation requirement. Transportation Planning Services has one condition of approval: The Owner shall convey to Collier County at the time of the first Site Development Plan (SDP) or Plat for this project a Collier Area Transit (CAT) Bus Stop Easement adjacent to the Immokalee Road Right -Of - Way (ROW) with a minimum 6-foot-wide sidewalk connection to the LDC required sidewalk. The easement shall, at a minimum, be 25-foot x 12.5-foot in size. The easement conveyance and sidewalk will be at no cost to the County and free and clear of all liens and encumbrances. Attachments: 1. Proposed Ordinance 2. Property Owner List 3. Email from Fire Review 4. Applicant's Exterior Wall Fire Resistance 5. Applicant Backup Documentation 6. Public Notice and Sign Postings PUDZ-PL20220003805 JLM Living East RPUD Pag Packet Pg. 370 9.A.2.b ORDINANCE NO. 2023 - 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 A RURAL AGRICULTURAL (A) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS AND WITHIN THE SPECIAL TREATMENT OVERLAY TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN THE RURAL FRINGE MIXED USE DISTRICT OVERLAY -RECEIVING LANDS AND WITHIN THE SPECIAL TREATMENT OVERLAY FOR THE PROJECT TO BE KNOWN AS JLM LIVING EAST RPUD, TO ALLOW CONSTRUCTION OF UP TO 350 MULTI -FAMILY DWELLING UNITS WITH AFFORDABLE HOUSING ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, EAST OF WOODCREST DRIVE, IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 37.2f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220003805] WHEREAS, D. Wayne Arnold, AICP, of Grady Minor and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC, 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 25, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District within the Rural Fringe Mixed Use Overlay -Receiving Lands and within the Special Treatment Overlay to a Residential Planned Unit Development (RPUD) within the Rural Fringe Mixed Use Overlay -Receiving Lands and within the Special Treatment Overlay for a [23-CPS-02323/1782997/1 ]29 JLM Living East /PL20220003805 1 of 2 10/16/23 Packet Pg. 371 9.A.2.b 37.2± acre project to be known as JLM Living East RPUD, to allow construction of a maximum of 350 multi -family dwelling units, 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. becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA M. , Deputy Clerk Approved as to form and legality: 0 W, Heidi F. Ashton-Cicko -17-23 Managing Assistant County Attorney M. 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 [23-CPS-02323/1782997/1 ]29 JLM Living East /PL20220003805 10/16/23 2 of 2 Rick LoCastro, Chairman Packet Pg. 372 9.A.2.b JLM EAST LIVING RPUD EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that are otherwise applicable shall apply. PERMITTED USES: A maximum of 350 multi -family rental dwelling units shall be permitted within the 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: RESIDENTIAL: A. Principal Uses: 1. Multi -family rental dwelling Units: Rental units which may include single family detached and attached and duplex structures. For purposes of this PUD, the rental units will consist of detached houses or attached houses constructed on a single parcel under unified ownership and having a common recreational amenity. 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 by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Carports and garages; and 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas; and 3. Screen enclosures; and 4. Swimming pools and spas; and 5. Water management facilities to serve the project such as lakes. AMENITY AREA: A. Principal Uses: 1. Clubhouses, community administrative facilities and recreational facilities intended to � serve residents and guests, including leasing and construction offices (during active construction only). (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page I of 10 Packet Pg. 373 9.A.2.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 by the process outlined in the LDC. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to swimming pools and spas. 2. Water management facilities to serve the project such as lakes. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. PRESERVE: A. Allowable Uses: 1. 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. (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 2 of 10 Packet Pg. 374 9.A.2.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I PRINCIPAL STRUCTURES *2 MULTI -FAMILY AMENITY AREA Minimum Floor Area per unit 650 SF N/A Minimum Lot Area N/A 5,000 SF Minimum Lot Width N/A N/A Minimum Lot Depth N/A N/A Minimum Setbacks Front Yard 20 feet N/A Preserve 25 feet 25 feet PUD Boundary North South (Sundance ROW) East and West 20 feet 20 feet 15 feet 20 feet *1 20 feet *1 15 feet Minimum Distance Between Buildings *3 0/5 feet 10 feet Maximum Building Height Zoned Actual 1 or 2 story 30 feet 35 feet 25 feet 40 feet ACCESSORY STRUCTURES *1 Minimum Setbacks Front Yard SPS 20 feet Preserve 10 feet 10 feet PUD Boundary SPS SPS Minimum Distance Between Buildings *3 0/5 feet 10 feet Maximum Building Height Zoned Actual 25 feet 30 feet 25 feet 30 feet SPS—Same as Principal Structure *1— Does not apply to passive recreational uses such as trails/pathways. (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 3 of 10 Packet Pg. 375 9.A.2.b *2 — 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 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. *3 — Zero feet if attached, 5 feet if detached. 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. (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 4 of 10 Packet Pg. 376 I 9.A.2.b I IMMOKALEE ROAD MINIMUM 6-FOOT WIDE LANDSCAPE `., BUFFER RESERVATION (SEE NOTE #2) 20' WIDE TYP'Fn I 'D' LANDSCAPE BUFFER II POTENTIAL I I VEHICULAR/PEDESTRIAN INTERCONNECTION I III R ZONED: A (RFMUO-RECEIVING LANDS) oI USE: CHARTER SCHOOL MI �I R m- oo zI of III R �I WII c- ;I R LL•LL•LL•LL•LL•LL•LL Cn ..u. ..u...u. ........... m m R............ ILL' PRESERVE ` ' D Z 0 D \-'-`-'-'-`-`-'-'-`-' m .c rr m I r ��:LLLLLLWLL:LL: LAKE ri I I �I R I ZONED: A (RFMUO-RECEIVING LANDS) LAMORADA (PB 59, PG 1-15) USE: RESIDENTIAL I I IR R I I I 10' WIDE TYPE 'D' LANDSCAPE BUFFER \ LL�LL.LL. r rrr LAKE r r R,:u: 10 IN rrr rrr Ir r R LAKE R rrr rrr I I LEGEND: R RESIDENTIAL �— — — — — — — AA AMENITY AREA ZONED: A (RFMUO-RECEIVING LANE E# EASEMENT (SEE NOTE SHEET) L ItMORADA (PB 59, PG 1-15)USE: GOLF COURSE Q. Crady Minor and Associates. P.A. GradyMinor '31100 y10 Dd Roy RoniLa Springs. Plorlda 34134 Civil Engineers . Land Surveyors . Planners . Landscape Architects Cert. oFAdh. EB 0005151 Cert. oFAoth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 n wn. 6rady111nor. com Fort Myers: 239.690.4380 ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE:PRESERVE 30' PUBLIC ROAD ROW (OR2116 PG2240) ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) - USE: RESIDENTIAL 25' VENTANA POINTE LBE UDAUCE CTRCTREET -EMERGENCY ACCESS ONLY JLM LIVING EAST RPUD EXHIBIT C MASTER PLAN REVISED SEPTEMBER 27, 2023 N 0 150, 300' SCALE: 1" = 300' 0 a N W tm J J Ln O 00 m O O 0 N N O N a CD m O ti CV) N to 0 O C :a 0 N to O Q- O d C a c m t� t0 a Packet Pg. 377 1 I 9.A.2.b I SITE SUMMARY TOTAL SITE AREA: RESIDENTIAL: AMENITY AREA LAKE: PRESERVE: BUFFERS: SUNDANCE ST: 37.2± ACRES 23.57± ACRES (63%) 0.66± ACRES (2%) 1.92± ACRES (5%) 9.3± ACRES (25%) 1.3± ACRES (4%) 0.45± ACRES (1 %) RESIDENTIAL: MAXIMUM 350 MULTI -FAMILY RENTAL DWELLING UNITS OPEN SPACE: REQUIRED: 60% PROVIDED: 60% (WITHIN THE OVERALL PUD) PRFSFR\/F- REQUIRED: 9.3± ACRES (37.2± ACRES NATIVE VEGETATION X 25%) PROVIDED: 9.3± ACRES DEVIATIONS (SEE EXHIBIT E NO DEVIATIONS REQUESTED EASEMENT INDEX: El- 10' PUBLIC ROAD ROW EASEMENT (OR5239, PG767), (OR 1476, PG 242) AND (OR 5305, PG 3751) - TO BE VACATED E2 - 30' PUBLIC ROAD ROW EASEMENT (OR129, PG513) (OR5239, PG767), (OR 1476, PG 242), (OR736, PG516) AND (OR 5305, PG 3751) TES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH 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 REQUIREMENTS OF A TYPE 'B' BUFFER, A 6-FOOT-WIDE LANDSCAPE BUFFER RESERVATION LOCATED OUTSIDE OF THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. THE 6' 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. JLM LIVING EAST RPUD © GradyMinor era�rMlaor uia on �nnr Rry 21 Retain Spiiog, Igor Id 34131 EXHIBIT C nnTe: Civil Engineers . Land Surveyors . Planners . Landscape Architects VASTER PLAN NOTES xA E; o = f,,L,AAuth. K B000o151 corLor Aum. 1,130005151 Buame Le26000266 REVISED SEPTEVBER 20, 2023 - - 8onitaStrmgs: 239.947.1144 awa.GradyWoor.com Fort Myers: 239.090.4380 Packet Pg. 378 9.A.2.b EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF VENTANA POINTE, AS RECORDED IN PLAT BOOK 70, PAGES 5 THROUGH 9, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID VENTANA POINTE SOUTH 01-51,09" EAST, A DISTANCE OF 1,158.18 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 25; THENCE ALONG SAID SOUTH LINE NORTH 89°58'46" WEST, A DISTANCE OF 30.02 FEET; THENCE DEPARTING SAID SOUTH LINE SOUTH 01°51'09" EAST, A DISTANCE OF 668.70 FEET; THENCE SOUTH 89°58'42" EAST, A DISTANCE OF 30.02 FEET; THENCE SOUTH 01°51'09" EAST, A DISTANCE OF 668.71 FEET TO THE SOUTHWEST CORNER OF SAID VENTANA POINTE; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 NORTH 89°58'38" WEST, A DISTANCE OF 655.85 FEET TO THE SOUTHEAST CORNER OF TRACT C-4, LAMORADA, AS RECORDED IN PLAT BOOK 59, PAGES 1 THROUGH 15, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID TRACT C-4 NORTH 01°56'51" WEST, A DISTANCE OF 1,337.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 25; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 25 NORTH 01'54'39" WEST, A DISTANCE OF 1,158.29 FEET TO AN INTERSECTION WITH THE SOUTH RIGHT-OF-WAY OF IMMOKALEE ROAD; THENCE ALONG SAID SOUTH RIGHT-OF-WAY SOUTH 89°58'22" EAST, A DISTANCE OF 659.25 FEET TO THE POINT OF BEGINNING. CONTAINING 37.2 ACRES, MORE OR LESS (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 7 of'f l0 Packet Pg. 379 9.A.2.b EXHIBIT E LIST OF DEVIATIONS No deviations requested. (AM Living East RPUD PL20220003805) (September 26, 2023) Page 8 of'f l0 Packet Pg. 380 9.A.2.b EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close- out of the PUD. At the time of this PUD approval, the Managing Entity is JLM Living, LLC, 3839 Bee Caves Road, Suite 205, Austin, Texas 78746. 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. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law." (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation shall not exceed 314 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. ENVIRONMENTAL: A. The RPUD Shall be required to preserve 25% of native vegetation. 37.2± acres of native vegetation exist on -site requiring a minimum preservation of 9.3± acres (37.2 X .25 = 9.3). A minimum of 9.3± acres of native vegetation shall be retained on -site. AFFORDABLE HOUSING: A. Of the total units constructed, the project shall comply with the following: 12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 9 of 10 Packet Pg. 381 9.A.2.b (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. Of the income restricted units, including rent data for rented units, and homestead data for owner -occupied units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. TDR: A. To achieve the maximum allowable density of 350 units: The first 30 units above the base density of a total of 7.5 units requires redemption of TDR Credits from Sending Lands. B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/ or plat for the redemption of TDR Credits needed for the project. LANDSCAPING: A. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with 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 requirements of a Type'B' buffer, a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. The 6' 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. WILDFIRE PREVENTION AND MITIGATION: A. At the time of SDP or Plat approval, the applicant shall have coordinated with the Florida Forest Service and provide Collier County a Wildfire Prevention and Mitigation Plan that includes standards which address the following: structural design and building materials; location of defensible space; plant selection within defensible space; and commitment to provide a copy of the homeowner(s) with of copy of the Wildfire Prevention and Mitigation Plan. (JLMLiving East RPUD PL20220003805) (September 26, 2023) Page 10 of 10 Packet Pg. 382 9.A.2.c Attachment 2 Property Ownership List 0 a N R W C J 2 J Y7 O O M O O O N N O N J 0- r a Packet Pg. 383 9.A.2.c AM Living East RPUD (PL20220003805) Property Owner List Parcel I.D. Owner 00190520005 H & B Family Trust 00191360002 Virginia M Landis Dwight E Landis 00191400001 Edward Arthur Dinova Agnes Brown Dinova 00191440003 Gerald William House Justin House 00191600005 Little Pepper Ranch, LLC Address PO Box 10375, Naples, FL 34101 2661 Sundance Street, Naples, FL 34120 2691 Sundance Street, Naples, FL 34120 2914 Randall Circle, Naples, FL 34104 2655 Sundance Street, Naples, FL 34120 r a June 29, 2022 M GradyMinor Page 1 of 1 Property Owner List. docx 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.eom • www.gradyminor.com Packet Pg. 384 9.A.2.d Attachment 3 Email from Fire Review 0 a r N R W C J M J O O M O O O N N O N J a as M O N 3 a) as m L_ LL E O L 4 E W a Packet Pg. 385 9.A.2.d Eric Ortman From: Thomas Mastroberto Sent: Tuesday, September 26, 2023 6:01 AM To: Michael Delate; Eric Ortman Cc: Ray Bellows; Wayne Arnold; Michael Bosi; Parker Klopf, Sharon Umpenhour Subject: RE: JLM East (PL20220003805) Good morning We spoke about this site for fire access and water supply only as related to the JLM Living East RPUD (PUDZ). I do not review setbacks, or any PUD documents or collier LDC requirements. 1. Listed below Building separation — Staff has not been able to get confirmation that a deviation from the 10-foot separation requirement would be allowed for this project. did not approved any separation requirements (So please stop using my name in the content of fire approved). 2. Secondary Access Staff is concerned that the traffic associated with this proposed 350-unit residential development will be more significant than the 77-unit Ventana Pointe project thus requiring an additional way in and out for safety and traffic distribution. The Ventana Point project to the east has an emergency access point to Richardson Rd, and a street that could easily connect to the proposed JLM East Project. Sundance Street, which currently is not up to minimum roadway standards, could provide an emergency access point now and stubbed access for when Sundance is brough up to standard. There is no documentation that the school to the west is willing to allow access to their signalized intersection as well as a plan to amend the site plan for the school. The fire codes NFPA 1-18 will require a second emergency fire dept. access. (this will be reviewed at time of the SDP Submittal. Thank you 76m" X4Jrn kT& Thomas Mastroberto, Sr. Fire Plans Reviewer / Fire Code Administrator o -rer o14ftt Growth Management Department Building Plan Review & Inspection Division 2800 N. Horseshoe Drive Naples, FL 34104 239.252.7348 Fax 239.252.2334 Thomas.Mastroberto(a-)colliercountyfl.gov How are we doing? The Building Plan Review and Inspection Division wants to hear from you! Please take our online SURVEY. We appreciate your feedback! 6 a r N w c J M J 0 0 M O O 0 N N O N J a. CD M O r- N Packet Pg. 386 9.A.2.e Attachment 4 Applicant's Info on Exterior Wall Fire Resistance Packet Pg. 387 9.A.2.e 518- TYPE X GYP 12' GYP BOARD TYPICAL 1 A /7 C H I T E C T S 111 S. Kentucky Street, Suite 210 McKinney, Texas 75069 4.-L RAFTER FRAMING -SEE FRAMING PLANS ALUMINUM DRIP EDGE top of plate [1 9' - 11. �9 ALLUMINUM E TOP PLATE YXB" SUB INTERUBLSUB. Q CORNERS 8 - - \ LENGTH SLICES - \ ALM FLASHING \ \�ALUMINUM SOFFIT J-CHANNEL BLOCKING FOR J-CHANNEL 7.25- FIBER CEMENT TRIM BOARD 12' WOOD SHEETHING W7 r-� VAPOR BARRIER 2x5 a 15' O.C. (TYP.) Y R-218ATT. INSULATION - NO TREATED WOODPLATE RAM INSULATION EXT GARAGE SET, MAS (MUD SILL), OR _ - WALLS ANCHOR BOLTED TO SLAB wl TYP. S' LAP SIDING HOT DIPPED GALVANIZED STEEL. STAINLESS STEEL. SILICON - ` TYPE X GVP BOARD BRONZE OR COPPER FASTENERS ONLY AS REQUIRED BY CODE _ -- ---- First Floor a Z 01.01, FINISH GRADE FLOORING �.. POST -TENSIONED SLAB 8 FOUNDATION DESIGN BY FOUNDATION ENGINEER TYP. EXTERIOR 1 HOUR RATED WALL & SOFFIT DETAIL SCALE: 1/2" = L'-0" '� 11 0 IL w a� J 2 J L0 0 ao M O O 0 N N O N J IL rn M O 1-1 Packet Pg. 388 X �, u 9.A C51, X O y J x z Lip X 0 r M G x M 0 l� x V lu E O t� x M a M a V M 0 M v E m 2 Q LA J C 7 O V `v 0 V a a 0 r 7 0 V v U v a` c 7 0 V `w V f �2 o of Z ¢ w Q M w a LLJ ~wO OrJm azU-U- o Li ) L, w CD W W t• N n W Z \\\W t•Ml� O\pO \\\\ W N ehi(7 � Z U0 a zzz o t00 -tz ZZZZ LO N Lo to U20 \LLJ i a0¢ 0 W N Ln J v(X W j W~ Li W W W L j W W W W LLd m W $r W a W WyJUWjLO W W W W WE+ LLJ W W W W n Vol n nJ a-0w Cr L� <L L� tL M (n En w L� �+- L� ti w <L LL 0 M V Q O W O ¢ w Z M t U) o a W 000 o 0 0 LL7 C) Ln � to 0 0 0= 0 0 L` LDO�dO ��� rr0f N �N00� Q�Q WJJ n Ov) U 3w 0� a2 LyJ O Z Z O ��� �� Q Y Jz JZ O H~LLI V ZW Q J zF zH n zW� ON lL �Z �Z Z Om o ZO gyp[ J O W W� W� Z JQ� JO O O LLj O N O Q' Z O ?Z O ?Z W = 0LLJ c=a a J�vij J� �? 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E O) M CD 04 1-1 H Z W M W LU 00 ¢� 'tea d U ~ W O 0Q oa� W r Z pp J z aY® Q0 FOB wm O r U W O a H V O cc IL ..■ ►4 x u v Packet Pg. 390 GradyMinor 9.A.2.f Civil Engineers • Land Surveyors • Planners • Landscape Architects March 7, 2023 Mr. Timothy Finn, AICP Collier County Growth Management Department Zoning Division, Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: JLM Living East RPUD Rezone (PL20220003805), Submittal 1 Dear Mr. Finn: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for property located on the south side of Immokalee Road east of Woodcrest Drive. The PUD rezone proposes to rezone the 37.2± acre property from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 multi -family residential dwelling units with an affordable housing component. A companion Growth Management Plan amendment (JLM Living East Residential Overlay, PL20220003804) has been filed to authorize the proposed multi -family dwelling units. Documents filed with submittal 1 include the following: 1. Cover Letter 2. AH Expedited Review Certificate 3. Application for PUD Rezone 4. Property Owner List 5. Evaluation Criteria 6. Pre -Application meeting notes 7. Affidavit of Authorization 8. Property Ownership Disclosure Form 9. Covenant of Unified Control 10. Addressing Checklist 11. Warranty Deed(s) 12. Boundary Survey 13. Environmental Data 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 Packet Pg. 391 Mr. Timothy Finn, A/CP RE: JLM Living West RPUD Rezone (PL20220003807), Submittal 1 DRAFT Page 2 of 2 14. Traffic Impact Study 15. School Concurrency 16. PUD Exhibits A-F 17. Proposed FLU Language Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, r-�:) �P� D. Wayne Arnold, AICP JLM Living, LLC Richard D. Yovanovich GradyMinor File (JLMLEP-22) 9.A.2.f Packet Pg. 392 9.A.2.fC;03*�eV C;0-14"ty Growth Management Community Development Housing Policy & Economic Development Division CERTIFICATE OF AFFORDABLE HOUSING EXPEDITED REVIEW Name of Development: JLM Living East Address/Location: Immokalee Road Applicant /Agent: Wayne Arnold & Rich vovanovich Phone / Email: (239) 947-1144 1 warnotd@gradyminor.com / ryovanovich@cyklawfirm.com Size of Property: 37.2+/- Acres Proposed Use: Single family and two-family rentals Total Number Residential. Units Planned: 350 Permit Number, if available: N.A. Number of Affordable Housing Units Planned Rental Owner Occupied 121 % - 140% AM I - GAP Income Rental 12.5% Owner Occupied 81 % - 120% AMI - Moderate Income Rental 12.6% Owner Occupied 51 % - 90% AMI - Low Income Rental Owner Occupied 50% or less AMI - Very Low Income Rental Owner Occupied 30% or less AMI - Extremely Low Income Proposed Land Use Restrictions X - PUD Restriction or AHDB Agreement - Developer Agreement - Impact Fee Deferral Agreement - Grant Restriction - Other: I hereby certify that the above -described project meets the definition of providing affordable Housing in Collier County and as such is entitled to participate in the County's "Expedited Review Procedures of Affordable Housing" as described in the Collier County Administrative Code through Resolution No. 2018- 40. By: Date: 912612423 Applicant/ Builder/ Developer By: Harringtfln5arah Date. os zsizoz3 Housing Policy & Economic Development Division Authorized Signer This Certification must be submitted to the Growth Management Community Development Department with permit application package, or plan revisions, within nine months of date of issuance. Updated' 6/22/2023 5H Housing Policy & Economic Development • 2800 N. Horseshoe ❑r. Naples, Florida 34104 Packet Pg. 393 CoMfer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) PETITION NO: PL20220003805 PROJECT NAME: JLM Living East RPUD IL DATE PROCESSED: N w ❑✓ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative J Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. J APPLICANT CONTACT INFORMATION c 00 M Name of Property Owner(s): See "Property Owner List' c 0 N Name of Applicant if different than owner: JLM Living, LLC c N Address: 3839 Bee Caves Rd., #205 City: Austin State: TX Zip: 78746 a- Telephone: 512.583.0055 Cell: Cl) O E-Mail Address: iosh@jlmfinancialpartners.com N Name of Agent: D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey / Richard D. Yovanovich, Esq. / Coleman, Yovanovich & Koester, P.A. City: Bonita Springs Telephone: 239-947-1144 Cell: E-Mail Address: warnold@gradyminor.com / rovanovich@cyklawfirm.com If Property is under contract to be sold: Name of Property Buyer(s): JLM Living, LLC Name of Applicant if different than buyer: N.A. Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: 07/2022 City: City: Cell: Cell: State: FL ZIP: 34134 State: ZIP: State: ZIP: Pag Packet Pg. 394 CoMfer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: A (RFMUO-Receiving) ST overlay Zoning district(s) to the JLM Living East RPUD zoning district(s). Present Use of the Property: Undeveloped Proposed Use (or range of uses) of the property: Residential Original PUD Name: Not applicable Ordinance No.: Not applicable 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; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), 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: 25 48 / 26 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: Plat Book: N.A. Page #: N.A. See Exhibit D of the PUD Document Property I.D. Number: *See below Size of Property: 590+/ ft. x 2494+/- ft. = 1620432+i- Total Sq. Ft. Acres: 37.2+/- Address/ General Location of Subject Property: Immokalee Road - See Aerial Location Map PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑✓ Residential ❑ Community Facilities ❑ Industrial ❑ Mixed Use ❑ Other: *Property I.D. Numbers: 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 n a w a� c J 2 J 4 LO 0 0 M 0 0 0 N N O N J a 0 M O N "I Packet Pg. 395 1 Cori CT County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N ROW Immokalee Road ROW S A Residential E PUD Residential W A-ST 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. I N.A. I N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Metes & Bounds Description: Property I.D. Number. N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Assoc iation(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: LaMorada at Naples Master Association, Inc. Mailing Address: 8200 NW 33rd Street, Suite 300 City: Miami State: FL ZIP: 33122 Name of Homeowner / Civic Association: VENTANA POINTE HOMEOWNERS ASSOCIATION INC. MailingAddress: 4670 Cardinal Way, #302 City: Naples Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: FL ZIP: 34112 State: ZIP: State: ZIP: State: ZIP: a w a� c J 2 J 4 LO 0 00 M O O 0 N N O N J d as M O ti N 07/2022 Pag Packet Pg. 396 C0*1 T C014Hty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs 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 subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, 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. n a w a� c J J 0 00 M O 0 0 N N O N J a M O N 07/2022 Pag Packet Pg. 397 C0*1 T C014Hty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 8 B of the Administrative Code and LDC section 10.03.05. 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 orocessine or otherwise activelv pursue the rezonine. amendment. or chance. for a period of six (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. n a w a� c 2 J LO 0 0 M O 0 0 N N O N J a Cn M 0 N 07/2022 Pag Packet Pg. 398 eZVk CoMeY County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): JLM Living, LLC Address: 3839 Bee Caves Rd., #205 Telephone: 512.583.0055 E-Mail Address: josh@jlmfinancialpartners.com Address of Subject Property (If available): N.A. City: State: City: Austin Cell: ZIP: PROPERTY INFORMATION Section/Township/Range: 25 / 48 / 26 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Exhibit D of the PUD Document Plat Book: N.A. Page #: Property I.D. Number: *see below TYPE OF SEWAGE DISPOSAL TO BE PROVIDED State: TS ZIP: 78746 Check applicable system: ❑✓ a. County Utility System b. City Utility System ❑ Provide Name: C. Franchised Utility System ❑ (GPD Capacity): d. Package Treatment Plant ❑ Type: e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System b. City Utility System C. Franchised Utility System ❑ Provide Name: d. Private System (Well) ❑ Total Population to be Served: 350 residential dwelling units Peak and Average Daily Demands: A. Water -Peak: 159,250 gpd Average Daily: 122,500 gpd B. Sewer -Peak: 233.1 gpm Average Daily: 87,500 gpd n D a w a� c J 2 J LO 0 0 M O 0 0 N N O N J a 0 Cl) O rl- *Property I.D. Numbers: 00190520005, 00191360002, 07/2022 100191400001, 00191440003 and 00191600005 Packet Pg. 399 9.A.2.f Project Capacity - RESIDENTIAL A = Type of Unit B = Number of C = Population D = Total E = Per Capita F = Total G = Peak hour Units per Unit Population Flow (gpd) Average Daily flow (gpm) (B x C) Flow (gpd) (❑ x E) Residence* 350 2-5 375 100 87,500 233.1 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Peak Factor = 18 + (p)1/2 4 + (P)112 P= 0.875 (total population / 1000) Peak Factor (PF) =1 3.8 Note: Peak factor calculation per 10 State Standards. 3/30/2018 CCPU Wastewater Flow Packet Pg. 400 eZVk CoMer County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. Attach additional pages if necessary. M 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. N.A. 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. n a w a� c J 2 J LO O CO M O O O N N O N J a M O N 07/2022 Pag Packet Pg. 401 Cofer County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF 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 A 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. Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ophysical presence or Flonline registration this day of 11 20_, by who is ❑ personally known to me orElhas produced Notary Seal Signature of Notary Public Print Name of Notary Public as identification. 07/2022 Pag Packet Pg. 402 Cofer County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov Final Submittal Requirement Checklist for: ✓❑ PUD Rezone- Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code 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 upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary ❑ Completed application with required attachments (download latest version) ✓ Pre -application meeting notes ✓ Affidavit of Authorization, signed and notarized ✓ Property wn r hi Disclosure Form ✓ Notarized and completed Covenant of Unified Control ✓ Completed Addressing Checklist ✓ Warranty Deed(s) 7_ List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ❑✓ ❑ Statement of utility provisions ✓ Environmental data requirements pursuant to LDC section 3.08.00 ✓ 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. ❑✓ ❑ Traffic Impact Study (TIS) ✓ Historical Survey 7 School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents Completed Exhibits A-F (see below for additional information)+ ✓ List of requested deviations from the LDC with justification for each (this is separate from Exhibit E) Eldocument ED *Checklist continues on next page 07/2022 Pag Packet Pg. 403 eZVk CoMer County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" 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 Copy of Official Interpretation and/or Zoning Verification I Iv +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 G.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: 0 School District (Residential Components) ❑ Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: FEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning ❑✓ Consistency Review: $2,250.00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑✓ Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) n a o: w a� c J 2 J LO O 00 M O O O N N O N J a Cn M O N 07/2022 Page Packet Pg. 404 Cofer County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov ✓❑ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ✓❑ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov February 21, 2023 Signature of Petitioner or Agent Date ❑. Wayne Arnold, AICP Printed named of signing party 07/2022 Page Packet Pg. 405 9.A.2.f AM Living East RPUD (PL20220003805) Property Owner List Parcel I.D. Owner 00190520005 H & B Family Trust 00191360002 Virginia M Landis Dwight E Landis 00191400001 Edward Arthur Dinova Agnes Brown Dinova 00191440003 Gerald William House Justin House 00191600005 Little Pepper Ranch, LLC Address PO Box 10375, Naples, FL 34101 2661 Sundance Street, Naples, FL 34120 2691 Sundance Street, Naples, FL 34120 2914 Randall Circle, Naples, FL 34104 2655 Sundance Street, Naples, FL 34120 a w a� c J J LO 0 0 M 0 0 0 N N O N J d O M O ti N June 29, 2022 M GradyMinor Page 1 of 1 Property Owner List. docx 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.eom • www.gradyminor.com Packet Pg. 406 9.A.2.f AM Living East RPUD (PL20220003805) 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 applicant is proposing to rezone the 37.2+/- acre property from A, Agriculture with the ST Overlay to a Residential PUD to permit up to 350 detached and attached rental units. This form of rental community is commonly referred to as horizontal rentals in that no dwelling units are constructed above one another. Each one or two-story unit is either free standing or attached side by side with another unit. The property is located within the Agricultural/Rural Designation, Rural Fringe Mixed Use District on the Future Land Use Map. A companion small- scale growth management plan amendment has been filed which proposes to create a new overlay to establish the JLM Living West Overlay. This Overlay proposes to provide for development of up to 350 rental apartments, of which 25% of those units constructed will be income restricted to persons having income levels consistent with the moderate- and low- income categories as established in the Collier County Land Development Code. The proposed PUD is for 350 dwelling units. The 37.2+/- acre property is located in the Rural Fringe Receiving area and permits a base density of 1 du/5 acre or 7 dwelling units without the use of TDRs. With TDRs the project would qualify for 37 dwelling units. The applicant has proposed to acquire 30 TDRs to achieve 37 dwelling units. The balance of the units (313) will be achieved by committing that 25% of the total units constructed will be income restricted to occupants earning less than 100% of the Collier County AMI. The specific commitment is: AFFORDABLE HOUSING: A. Of the total units constructed, the project shall comply with the following:12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. Of the income restricted units, including rent data for rented units, and homestead data for October4, 2023 M Gradyh inor Evaluation Criteria-r3.docx Page 1 of 10 Civil Enginccrs • 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.con Packet Pg. 407 9.A.2.f owner -occupied units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. 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 area is suitable for the proposed development. The site is in an area where Collier County Water Sewer District has both potable and wastewater facilities located in the Immokalee Road ROW. A charter school (Naples Classical Academy) and a portion of the LaMorada residential community has been constructed just west of the subject site, and a gated residential community known as Ventana Pointe has been constructed to the east. A portion of the Calusa Pines Golf Club is constructed to the south. Access to the project will be on Immokalee Road. A vegetation preservation area is provided to along the eastern property boundary. The project will have a surface water management system designed in accordance with the criteria of the South Florida Water Management District. 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 countyattorney. The applicant is the contract purchaser of the RPUD. All other properties surrounding the site are developed. 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.) As noted earlier, a companion small-scale growth management plan amendment has been filed which establishes an overlay district which is tailored to this specific property and establishes the proposed intensity of a maximum of 350 rental dwelling units, of which 25% of the units constructed will be income restricted. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. A companion small-scale growth management plan amendment has been filed which creates a new overlay providing for development of the proposed 350 rental units. Upon approval of the Overlay, the project may be deemed consistent with the Growth Management Plan. October 4, 2023 Evaluation Criteria-r3.docx Page 2 of 10 Packet Pg. 408 9.A.2.f Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development, while presently outside the Urban designated area is in an area of the County that has urban type development located north of Immokalee Road which is the Heritage Bay DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial development. The site has a charter school and residential (LaMorada) located immediately to the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf Club is located to the south. Immokalee Road at this location is a six -lane arterial roadway, and there are water and wastewater facilities located at the property. Approval of this project is not urban sprawl and development at urban intensities is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of attached and detached one and two-story rental units, of which 25% of the units constructed will be income restricted. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. This newer form of rental units known in the industry as "horizontal rentals, will offer a variation in the much in demand rental market and will complement the more conventional options in the market by offering a variation for rental choices. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The proposed conceptual PUD master plan identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/- acres. Some of the vegetation within the preserve is identified as wetland vegetation and meets the highest priority for preservation in the Conservation and Coastal Management Element. Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The project is adjacent to Immokalee Road, a six -lane arterial road. The single point of access to the site will be from Immokalee Road and will feature a loop roadway consistent with Policies 7.1 and 7.2. The project does not have an opportunity to provide an interconnection to adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and the land to the east is developed gated residential community. To the south is a private golf course. The proposed rental community will provide for indoor and outdoor recreational amenities for the residents which will be walkable and accessible via pedestrian walkways consistent with Policy 7.4. October 4, 2023 Evaluation Criteria-r3.docx Page 3 of 10 Packet Pg. 409 9.A.2.f Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Management Element Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on -site native vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly 100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the conceptual PUD master plan consistent with this policy. Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off -site preserves consistent with this policy. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Synecological Analysts, Inc. Housing Element Objective 1 of this element requires Collier County to provide affordable housing to meet the needs of the community. The proposed project has committed to provide 25% of the rental units constructed as income restricted housing consistent with this objective. The need for additional affordable housing is well documented in the ULI study from 2017 and the updated Housing Plan prepared by Collier County. 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 project as proposed is compatible both internally and externally. The site is adjacent to a charter school and the LaMorada community to the west, the Ventana Pointe residential project to the east and the Calusa Pines Golf Club to the south. The PUD master plan identifies a 15-foot wide type'B' buffer in addition to the 15 foot wide type'B' landscape buffer installed for the school, the 15 foot wide type'B' landscape buffer installed for the LaMorada community and the 25 foot wide type 'A' landscape buffer installed for the Ventana Pointe community. The proposed rental community will consist of detached and attached dwelling units with an actual height not to exceed a zoned height of 30 feet and an actual height of 35 feet. The height is typical for the nearby homes in the adjacent communities. e. The adequacy of usable open space areas in existence and as proposed to serve the development. October 4, 2023 Evaluation Criteria-r3.docx Page 4 of 10 Packet Pg. 410 9.A.2.f The project has designated 25% of the native vegetation area as preserve and in combination of buffers, amenity area and miscellaneous green space will have 50% open space, consistent with that required in the Rural Fringe area. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. There are no known capacity issues that will impact this project. g. The ability of the subject property and of surrounding areas to accommodate expansion The area has adequate supporting infrastructure, including Collier County Water -Sewer District potable water and wastewater mains, to accommodate this project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. 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 project as proposed is consistent with the LDC. No deviations from the LDC have been requested. 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 Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. A companion small-scale growth management plan amendment has been filed which creates a new overlay providing for development of the proposed 350 rental units. Upon approval of the Overlay, the project may be deemed consistent with the Growth Management Plan. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development, while presently outside the Urban designated area is in an area of the County October 4, 2023 Evaluation Criteria-r3.docx Page 5 of 10 Packet Pg. 411 9.A.2.f that has urban type development located north of Immokalee Road which is the Heritage Bay DRI, which authorized construction of 3,450 homes and 230,000 square feet of commercial development. The site has a charter school and residential (LaMorada) located immediately to the west, the Ventana Pointe residential project is located to the east and the Calusa Pines Golf Club is located to the south. Immokalee Road at this location is a six -lane arterial roadway, and there are water and wastewater facilities located at the property. Approval of this project is not urban sprawl and development at urban intensities is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of attached and detached one and two-story rental units, of which 25% of the units constructed will be income restricted. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. This newer form of rental units known in the industry as "horizontal rentals, will offer a variation in the much in demand rental market and will complement the more conventional options in the market by offering a variation for rental choices. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The proposed conceptual PUD master plan identifies a preservation area on site which represents 25% of the 37.2+/- acre site or 9.3+/- acres. Some of the vegetation within the preserve is identified as wetland vegetation and meets the highest priority for preservation in the Conservation and Coastal Management Element. Policy 5.9: Encourage recognition of identifiable communities within the urbanized area of western Collier County. Presentation of economic and demographic data shall be based on Planning Communities and commonly recognized neighborhoods. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The project is adjacent to Immokalee Road, a six -lane arterial road. The single point of access to the site will be from Immokalee Road and will feature a loop roadway consistent with Policies 7.1 and 7.2. The project does not have an opportunity to provide an interconnection to adjacent properties as is encouraged in Policy 7.3. The land to the west is a charter school and the land to the east is developed gated residential community. To the south is a private golf course. The proposed rental community will provide for indoor and outdoor recreational amenities for the residents, which will be walkable and accessible via pedestrian walkways consistent with Policy 7.4. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. October 4, 2023 Evaluation Criteria-r3.docx Page 6 of 10 Packet Pg. 412 9.A.2.f Conservation and Coastal Management Element Policy 6.1.2 provides for the protection of native vegetation in the areas designated Rural Fringe Mixed Use on the FLU map. This policy requires preservation of 40% of the on -site native vegetation, not to exceed 25% of the total site area. The site has native vegetation on nearly 100% of the site; therefore, 25% of the site or 9.3 acres has been set aside as a preserve of the conceptual PUD master plan consistent with this policy. Policy 6.2.5 is directed at reducing impacts to wetlands. The conceptual PUD master plan has identified a 9.3-acre preservation area that does contain wetlands and is contiguous to off -site preserves consistent with this policy. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. Please refer to the listed species management and indigenous preservation plans prepared by Synecological Analysts, Inc. Housing Element Objective 1 of this element requires Collier County to provide affordable housing to meet the needs of the community. The proposed project has committed to provide 25% of the rental units constructed as income restricted housing consistent with this objective. The need for additional affordable housing is well documented in the ULI study from 2017 and the updated Housing Plan prepared by Collier County. The PUD includes the following commitment to provide income restricted housing: AFFORDABLE HOUSING: A. Of the total units constructed, the project shall comply with the following:12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units. Of the income restricted units, including rent data for rented units, and homestead data for owner -occupied units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on -site monitoring by the County. 2. The existing land use pattern. October 4, 2023 Evaluation Criteria-r3.docx Page 7 of 10 Packet Pg. 413 9.A.2.f The existing land use patterns are residential to the west and east, charter school to the west, golf course to the south and Immokalee Road to the north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Rezoning to a PUD does not create an isolated district. The proposed PUD meets all design criteria in the LDC for a PUD rezoning. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The PUD boundary represents a logical boundary. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed rental community has made a commitment to provide 25% of the constructed units at rental rates that meet affordable housing guidelines. The density is not achievable on the agriculturally zoned property; thereby, necessitating the rezoning and companion small- scale amendment. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The proposed master plan and development standards will assure compatibility. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed 350-unit rental community will not create or excessively increase traffic congestion. The TIS prepared for the PUD rezoning application concludes that the project will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service. 8. Whether the proposed change will create a drainage problem. The project will obtain a SFWMD permit for the surface water management system and will have no impact on surrounding development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. October 4, 2023 Evaluation Criteria-r3.docx Page 8 of 10 Packet Pg. 414 9.A.2.f The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on 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 proposed rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD Amendment. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The proposed PUD provides for an increase in the number of dwelling units above that authorized by the current zoning. In order to provide affordable housing, the applicant requires additional density. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community. 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 site in the County; however, this infill property has development surrounding it and it is served by a 6-lane arterial roadway and has water and wastewater services available to it. 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. October 4, 2023 Evaluation Criteria-r3.docx Page 9 of 10 Packet Pg. 415 9.A.2.f The site will require the typical site alteration of 2' to 3' of fill consistent with surrounding development. Vegetation removal will be required as for other vegetated sites to support development of the rental units. 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 Growth Management Plan amendment, and it is compatible with surrounding development. October 4, 2023 Evaluation Criteria-r3.docx Page 10 of 10 Packet Pg. 416 cover county 9.A.2.f COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount.yfl.gov (239) 252-2400 Pre -Application Meeting Notes Petition Type: PUD2 and GMPA Date and Time: Monday June 6, 2022 m r'inn - Assigned Planner: Corby Schmidt-PL20220003806- JLM Living West (GMPA)f w Eric Ortman-PL20220003805- JLM Living EAST (PUDZ)f Corby Schmidt-PL20220003804- Engineering Manager (for PPL's and FP's): JLM Living EAST g (GMPA}./ � Project Information PL20220003807- JLM Living West. (PUDZ) &GMPA-PL20220003806 Project Name: PL20220003805- JLM Living EAST (PUD2) MPA-PL2 22 3804 M PL #: See above c West - 191040005 Both Property I❑ #; fast - 190 20005 Current Zoning: parcels -A IRFMAO-Receivin P g N N Naples Project Address: City: P State: FL Zip: 34120 J a Applicant: Sharon Umpenhour- Grady Minor M Agent Name: D -Wayne Arnold, AICP phone: 947-1144 4 Bonita Springs, FL 34134 Agent/Firm Address: 3800 Via Del Rey City: State: Zip: West-191040005- Ward,Whitley S & Brenda R PropertyOwner: East-190520005- H&B-Family Trust Please provide the following, if applicable: Total Acreage: 3 a 51 ii. Proposed # of Residential Units: 150 rental units incl .Affordable Housing 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 1/12/2021 Wage 1 1 of 3 Packet Pg. 417 9.A.2.f Co*ier Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app w Note -- link is https://www.colliercountyfl.gov/Home/ShowDocument?id=75093 J �r 2 ry 5 pC h.T& T I v 4"' 4 i !� cJ' �-ye...` C7 J st.-- co O O M O O O N o N J (L C rvt 4-1 L M N ,�7 !C M 2 -4 C C.i 1 Z. i -� i' 2 r+• .v } ��_ l} e r.Tyrc�.7 A -IL- 6VY v c� m T C c2 .Q Q s C a� E t c� cC a 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 aa) a request that they send us a letter or email of "no objection" to the petition. Bob Middleton _RM_iddletonCa)naalesaov.com E Allyson Holland AM HollanclCMnaplesgov,cam Robin Singer RSin er na ies ov.com Erica Martin emartin na ies ov-com a Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is Based on the best availabie 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 1/12/2021 Page 1 2 of 5 Packet Pg. 418 9.A.2.f ThomasClarkeVEN From: SawyerMichael Sent: Tuesday, June 07, 2022 10:36 AM To: ThomasClarkeVEN; GaleanoNelson Cc: FinnTimothy; ortmanEric; SchmidtCorby Subject: RE: Pre-App Notes for BCHD PUDA and GMPA meeting today and JLM East/West yesterday Thomas, Thank you for keeping us up to date. I don't have anything forJLM...simply don't have an understanding of the request to provide anything specific. Suggest the notes reflect that: Transportation Planning is unable to attend this pre app; A met hodology meeti ng is req uired and a ny q uestions can be asked and discussed at that time. This or something similar should probably be provided for all Monday morning pre apes. Respectfully, Michael Sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.saw er colIiercount fl. ov From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Tuesday, June 7, 2022 10:09 AM To: 5awyerMichael Michael.Sawyer@colliercountyfl.gov> Cc: FinnTimothy <Ti mot hy.F1nn@col Iiercountyfl.gova; DrtmanEric <Eric.Ortman@col Iiercountyfl.gov>; SchmidtCorby <Corby.Schmidt@ col Iiercountyfl.gov> Subject: Pre-App Notes far BCHD PUDA and GMPA meeting today and JLM East/West yesterday Thanks Mike, for the Notes for BCHD PUDA/GMPA today. Everybody knows you have Monday AM Meetings, but they still schedule these anyway. When you get a chance, would you see if you have any notes for 1LM East/West P U DZ- PL20220003807/3805 and GMPA PL20220003806/3804. Jim Banks was at the Pre-App and said he would contact you. 74,w,w 66u1C Packet Pg. 419 9.A.2.f ThomasClarkeVEN From: Bea rd La u ri e Sent: Monday, June 06, 2022 9:34 AM To: FinnTimothy; ❑rtmanEric Cc: ThomasClarkeVEN Subject: Pre Application Meeting PL20220003806 (GMPA)& PL20220003807 (PUDZ) - JLM Living West and Pre Application Meeting: PL20220003804 (GMPA) & PL20220003805 (PL)DZ)- JLM Living East Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Follow up Flag Status: Completed PU❑ monitoring pre-app notes attached. Please use for each pre-app. Thank you. Laurie Beard Project Manager Please note new address: PU❑ Monitoring. GM❑ 2800 N. Horseshoe Drive Naples, FL 34104 Laurie Beardfd)Co1iierCountyFL.gov Phone: (239)-252-5782 r sINCME r �,�r Under Florida Law, a -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. 1 Packet Pg. 420 9.A.2.f 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." pp G _1z Packet Pg. 421 9.A.2.f ThomasClarkeViEN From: TempletonMark Sent: Monday, June 06, 2022 9:31 AM To: ThomasClarkeVEN �y-�;r c!;�- Subject: RE: for PL20220003807- JLM Living West (PUDZ} & PL20220003805- JLM Living East (PUDZ) with Companion GMPA's Hi Thomas, Buffer notes for this one: Landscape: Buffer per LDC along the East side of both 15' Type B along the West and South side of the East PUD and along the South side of the West PUD 20' Type D along the North side of both. Note that the parcel to the West of the West PUD is all preserve so no buffer needed along the West. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co i;r County Development Review Division Exceeding Expectations, Every Dory! NOTE: Email Address Hos Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone- 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval oi'any pennit, plan, project, or deviation from the Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Friday, June 3, 2022 3:41 PM To: AshtonHeidi Heidi.Ashton@colliercountyfl.gov>; BeardLaurie <Laurie.Beard@colliercauntyfl.gov>; BrownCraig Craig.Brown@ coIliercountyfl.gov>; CookJaime Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek<Derek.Perry@colliercountyfl.gov>; FaulknerSue Sue.Faulkner@colliercountyfl.gova; CastroGabriela<Gabriela.Castro @colIiercountyfl.gov>; SantabarbaraGino <Gino.Santabarbara@col liercountyfl.gov>; Ra i n eyJ e n n ife rA <JenniferA.Rainey@ coIIiercountyfl.gov>; MoscaMicheIe EMichele.Mosca@colliercountyfl.gov>; OrthRichard Richard.Orth@colliercountyfl.gov>; KlopfParker rParker.Klopf@colliercountyfl.gov>; HansenRachel Rachel.Hansen@colliercountyfl.gov>; AshkarSally Sally.Ashkar@colliercountyfl,gov>; SawyerMichael Michael.Sawyer@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov> Cc: OrtmanEric <Eric.Ortman@colliercountyfl.gov>; FinnTimothy <Timothy.Finn@colliercountyfl.gov>; SchmidtCorby Corby.Schmidt@colliercou ntyfl.gov> Packet Pg. 422 9.A.2.f Co*e,r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes 0 f 14A c- J +ram `NL)ifLC'I%-Me.-T-4 ; L 'LO Z� J •3 L"— 3 A-. O r00i 0 0 0 N N O N J rr A; Q, a%Q. - t046 -3. E L ---U: ,, C, M O ti nL Z 6 Mt 4-w% � C'v cC ► ew. t, N .. - 54 Ayv lk. ULFde—Ca'1e G �' .�-�� o,�r ��G,e-S '� (�v r✓! �i ,v �4ss. � ���f I� r'� � �1L1 �e�u. C'GGe n. C � �'L. G'x: r.� Other required documentation for submittal (not listed on application): Disclaimer.- Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 423 9.A.2.f ThomasClarkeVEN From: CookJaime Sent: Monday, June 06, 2022 9.32 AM To: ThomasClarkeVEN Cc: BrownCraig Subject: JLM East & West Pre-App {dotes Good morning Thomas, For the JLM pre-apps, we will need (for each of the properties): ■ FLUCFCS Map delineating the vegetation on -site, ■ Environmental Data, including a current Listed Species Survey • Preserve calculations 1 preserve shown on the Master Plan ■ Include Setbacks to Preserve in Development Standards table • Narrative demonstrating compliance with Goals 6 & 7 of the CCME If you have any questions, please let me know. Thanks! Respectfully, Jaime Coots, M.S. Division Director 467-.e01er C;014 ty Development Review Division Exceeding Expectations, Every Day? NOTE: Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone:239.252.h290 Cell: 239.571.38Q0 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! 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. Packet Pg. 424 9.A.2.f PRE -APPLICATION MEETING NOTES JLM Living GMPAs & PUDZs at: 9:00/10:00 a.m. on Monday, June 06 Pre-App Notes foldered at: F:lworklistslL00K - THiNK PRE-APP prep_0044 ❖ Tim Finn / Eric Ortman [PUDZs] Corby Schmidt [Overlay GMPAs] * * * Ortman & Mike Sawyer not involved in Pre-App; ❖ 22-3804 [Overlay GMPA] 22-3805 [PUDZ] (east); Eric Ortman; located West of Ventana Pointe & East of Naples Classical Academy; * " ` Ortman & Mike Sawyer not involved in Pre-App * * * ❖ 22-3806 [Overlay GMPA] 22-3807 [PUDZ] (west); Tim Finn; located West of Naples Classical Academy & East of Peace Early Learning Center; behind/N of SFR lots on Somerset Place; * * * Ortman & Mike Sawyer not involved in Pre-App; ❖ Wayne, Sharon, Rich, team; ❖ approx. 20 acres 111 17.23 ac. & 17.28 ac. 111 on each part; ❖ both lie in the Rural Designation, RFMUD Receiving Lands; ❖ 150 homes, including affordable housing; in each part (East & West) = 300 lots total; 175 low-rise MFR rentals, including affordable housing; in each part (East & West) = 350 lots total; both properties have SRTs; ❖ In the evaluation of the projects for the GMPAs please address the following policies: 5.5, 5.6, 5.9, 7.1, 7.2, 7.3 & 7.4. The applicant will need to provide a market study showing the need and demand for the market rate and affordable housing of the proposed project at this density as well as provide at least 22.5130% of the units at an affordable level as laid out in LDC 2.06.03; minimum (22.5%); ❖ Proposed access to Eastern property (380510rtman) to be by: shared access with Ventana Pointe; TWO (2) RESIDENTIAL OVERLAYS on 2 properties; two PUDZs; Deviation to Parking Standards; ❖ Proposed access to Western property (38071Ray Bellows) to be by: new access from Immokalee Road; immediately South of/across from Heritage Bay Blvd.; Transfer of Development Rights (TDR), and Sending, Neutral, and Receiving Designations: The primary purpose of the TDR process within the Rural Fringe Mixed Use District is to establish an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring such rights to other more suitable lands. Within the Rural Fringe Mixed Use District, residential density may be transferred from lands designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map, subject to the provisions below. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Packet Pg. 425 9.A.2.f Receiving Lands: Receiving Lands are those lands within the Rural Fringe Mixed Use District that have been identified as being most appropriate for development and to which residential development units may be transferred from areas designated as Sending Lands. Based on the evaluation of available data, these lands have a lesser degree of environmental or listed species habitat value than areas designated as Sending and generally have been disturbed through development, or previous or existing agricultural operations. Various incentives are employed to direct development into Receiving Lands and away from Sending Lands, thereby maximizing native vegetation and habitat preservation and restoration, Such incentives include but are not limited to the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within Receiving Lands, the following standards shall apply, except for those modifications that are identified in the North Belle Meade Overlay: Maximum Density. The base residential density allowable for designated Receiving Lands is one (1) unit per five (5) gross acres (0.2 dwelling units per acre). The maximum density achievable in Receiving Lands through the TDR process is one (1) dwelling unit per acre. This maximum density is exclusive of the Density Blending provisions. Dwelling Units may only be transferred into Receiving Lands in whole unit increments (fractional transfers are prohibited). Once the maximum density is achieved through the use of TDR Credits, additional density may be achieved as follows: o A density bonus of no more than 10% of the maximum density per acre shall be allowed for each additional acre of native vegetation preserved exceeding the minimum preservation requirements set forth in Policy 6.1.2 of the CCME. o A density bonus of no more than 10% of the maximum density per acre shall be allowed as provided in Policy 6.2.5(6)b of the CCME. Clustering: Where the transfer of development rights is employed to increase residential density within Receiving Lands, such residential development shall be clustered in accordance with the following provisions: o Consistent with the provisions of the Potable Water and Sanitary Sewer Subelements of this Plan, central water and sewer shall be extended to the project [the Ventana Pointe PUDZ requires 8 in. stub -outs where this will beJ. Where County sewer or water services may not be available concurrent with development in Receiving Lands, interim private water and sewer facilities may be approved, a The maximum lot size allowable for a single-family detached dwelling unit is one acre. o The clustered development shall be located on the site so as to provide to the greatest degree practicable: protection for listed species habitat; preservation of the highest quality native vegetation; connectivity to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancement of wildlife corridors. Minimum Project Size: The minimum project size required in order to receive transferred dwelling units is forty (40) contiguous acres. Emergency Preparedness: ` Packet Pg. 426 9.A.2.f o in order to reduce the likelihood of threat to life and property from a tropical storm or hurricane event, community facilities, schools, or other public buildings shall be designed to serve as storm shelters if located outside of areas that are likely to be inundated during storm events, as indicated on the Sea, Lake, and Overland Surge from Hurricane Map for Collier County. Impacts on evacuation routes, if any, must be considered as well. Applicants for new residential or mixed use developments proposed for Receiving Lands shall work with the Collier County Emergency Management staff to develop an Emergency Preparedness Plan to include provisions for storm shelter space, a plan for emergency evacuation, and other provisions that may be deemed appropriate and necessary to mitigate against a potential disaster. Staff requests that the applicant provide a secondary access point to the community onto either Rock Rd to the West or to Cypress Dr to the South to address connectivity and emergency management access concerns. o Applicants for new developments proposed for Receiving Lands shall work with the Florida Forest Service and the Managers of any adjacent or nearby public lands, to develop a Wildfire Prevention and Mitigation Plan that will reduce the likelihood of threat to life and property from wildfires. This plan will address, at a minimum: project structural design; the use of materials and location of structures so as to reduce wildfire threat; firebreaks and buffers; water features; and, the impacts of prescribed burning on adjacent or nearby lands. Allowable Uses: Uses within Receiving Lands are limited to the following: o Agricultural uses; ❑ Single-family residential dwelling units, including mobile homes where a Mobile Home Zoning Overlay exists. o Multi -family residential structures shall be permitted under the Residential Clustering provisions of this plan, subject to the development of appropriate development standards to ensure that the transitional semi -rural character of the Rural Fringe Mixed Use District is preserved, These development standards shall include, but are not limited to building heights, design standards, buffers, and setbacks. a Rural Villages, subject to the provisions set forth in ll. 6.3 of this element. o Dormitories, duplexes and other types of staff housing, as may be incidental to, and in support of, conservation uses. c Group housing uses subject to the following density/intensity limitations: ■ Family Care Facilities: 1 unit per 5 acres; ■ Group Care Facilities and other Care Housing Facilities: Maximum Floor Area Ratio (FAR) not to exceed 0.45. o Staff housing as may be incidental to, and in support of, safety service facilities and essential services; F;\workiists\LDOK - T H i N K PRE-APP prep_0044.docx Packet Pg. 427 9.A.2.f Cofer Count y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercount I. ov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# PL20220003807— JLM Living West (PUDZ)&GMPA PL20220003805— JLM Living EAST PUDZ &GMPA Collier County Contact Information: Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com El Steve Baiuch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov MSM/Deputy Fire Marshal - Shar A.Beddaw Greater Naples Fire 241-1422 sbeddow@gnfire.org LPRay Bellows Zoning, Planning Manager 252-2463 raymond.bellows@coliiercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov Ll Craig Brown Environmental Specialist 252-2548 craig.brown @colIiercountyfLgov E6-r�Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidLashton@colIiercountyfLgov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.carke@colliercountyfl.gov Jamie Cook Development Review Director 252-6290 Jaime. cook@col liercountyfl. ov i✓ Gabriela Castro Zoning Principal Planner 252-4211 abriela.Castro@coiliercountyfl.gov Maggie DeMeo North Collier Fire 252-2309 pdemeo@northcollierfire.com f v rz ,vim �� Utility Planning 252-1037 sQ�. , iti�y ;,u.., evwry,cti erica. Colirercounty .gov k'Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfl.gov Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.fauikner@col lie rcounty€l. ov 1 Michael Gibbons Structural/Residential Plan Review 252-2426 michael. ibbons@coliiercountyfl,gov Storm Gewirtz, P.E. Engineering 5tormwater 252-2434 storm. ewirtz@colliercount fLgov Qevelopment Review -Planning I6 Cormac Giblin, AICP Manager 252-5095 Cormac.giblin@colliercountyfl.gov Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundiach@colliercountyfl.gov Rachel Hansen GMP — Comprehensive Planning 252-1142 Rachel, hansen@col lie rcountyfI gov Richard Henderlong Zoning Principal Planner 252-2464 richard.henderlong@colliercountyfl.gov John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@coliiercountyfl.gov Anita Jenkins Planning & Zoning Director 252-5095 Anita.Jenkins@cofliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@coiliercountyfLgov Parker Klopf GMP — Comprehensive Nanning 252-2471 Parker.klopf@colliercountyfl.gov I i Troy Komarowski North Collier Fire 252-2521 1 tkomarowski@northcollierfire.com Sean Lintz North Collier Fire 597-9227 slinfz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercountyfl.gov Thomas Mastrobert❑ Greater Naples Fire 252-7348 thomas.mastroberto@colliercountyfl.gov Jack McKenna, P.E. Engineering Services 252-2911 j jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 1 4 of 5 U(r Packet Pg. 428 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercountyfl.eov Matt McLean, P.E. Michele Mosca, AICP R44ard-04h V--- F-1 EriMAIM- n 0''4 Derek Perry El Brandi Pollard Todd Rig all 1.1 Brett Rosenblum, P.E. El James Sabo, AICP ❑ Michael Sawyer Iv�Corby Schmidt, AICP El Linda Simmons L j Peter Shawinsky _ Mark Templeton u Connie Thomas I._ Jessica Velasco Jon Walsh, P,E. Kirsten Wilkie Christine Willoughb .I Daniel Zunzuneizui 9.A.2.f Coder county 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Division Director- IF, CPP & PM 1 252-8279 I matthew.mclean@coliiercoui Capital Project Planning 252-2466 michele.mosca@colliercount- 5tormwater Planning252-5092 ziehar .d.ari� colliercountyfl.; Zoning Principal Planner 252-1032 Eric. Qrtman@colIiercountyfl.; Assistant County Attorney 252-8066 Derek. perry@colliercountyfl.l Utility Impact fees 252-6237 brandi.pollard@colliercounty North Collier Fire 597-9227 triggall@northcollierfire.com Development Review Principal Project Mana er 252-2905 brett.rosenblum@colliercoun G M P, Comp P{arming Mana er 252-2708 james.sabo@coIIiercountyfl.g Transportation Planning 252-2926 michael.sawyer@colliercount Comprehensive Planning 252-2944 corby.schm{dt@col liercountyl North Collier Fire 252-2311 Linda.Simmons@colliercount) Architectural Review 252-8523 peter.shawinsky@collie rcount Landscape Review 252-2475 mark.templeton@colliercount Client Services Supervisor 252-6369 Consuela.thomas@colliercour Client Services 252-2584 jessica.velasco@colliercountyi Building Review 252-2962 jonathan.walsh@colliercounty Environmental Review Manager 252-5518 kirsten.wiIkie@col lie rcountyfl. ❑evelopmentReview -Zonin 252-5748 1 christIne.willou hby@colRerc( North Collier Fire 252-2310 1 Daniel.Zunzunegui@coiliercou Additional Attendee Contact Information. Updated 1/12/2021 oV Page 1 5 of 5 v v a a tY w M w a� c J J 0 0 M 0 0 0 N N 0 N J a 0 M 0 r— Tu Packet Pg. 429 T L b P 9.A.2.f - -I;I III.- - Find a participant thomas Clarke (Host, me) © GradyMinor Jaime Cook ryovanovich 0 TimathyFinn CorbySchmidt. AICP. Principal Planner vRays Bellows, Zoning Manager beard -I Bryan Moore Cormac Giblin CDerek Perry Heidi Cicko JG iPhone Djmbs,G 0 Mark Matthe,v Peterson 15129638437 0 a R w a� J J LO 0 CO M O O O N N O N J a rn M 0 ti Packet Pg. 430 9.A.2.f C011187 COHMty Growth Management [department Zoning Division Applicant/Agent may olso send site plans or conceptual plans for review in advance if desired. PL20220003807— AM Living West PUDZ Planner- Tim Finn PL20220003806— AM Living West GMPA Planner- Corby Schmidt is PL20220003805— AM Living East PUDZ) Planner- Eric Qrtman PL20220003804— AM Living East GMPA Planner- Corby Schmidt CU w c Assigned Ops Staff: Thomas Clarke J 2 STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION LO ■ Name and Number of who submitted pre-app request w Sharon Urpenhour, 239.947,1144 0 0 0 N N 0 N ■ Agent to list for PL# _J a D. Wayne Arnold, AICP 0 M 0 ■ Owner of property (all owners for all parcels) N Parcel ID 00191040005, Whitley S. and Brenda R. Ward Parcel ID 00 1905 2 0005, H & S Family Trust en ■ Confirm Purpose of Pre-App: (Rezone, etc.) GMPA and PUD Rezone ■ Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): 175 MF dwelling unit per parcel ■ Details about Project: Rezone from the A-ST (RFMUO) Zoning District to RPUD to allow MF ❑wel€ing. Units REQUIRED Supplemental Information provided by: Name: Sharon Umpenhour Title: Senior Planning Technician Email: sumpenhour@gradyminor.com Phone: 239.947.1144 Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercvuntyfl Phone: 239-252-6866 Created April 5, 2017 Location. K:\CDES Pianning SerVices\Current\2oning Staff information �Nv Zoning Dtuism • 28M North Horseshoe Drive • Naples, Florida 34104.239-252-2400• wAwcolhergov.net Packet Pg. 431 9.A.2.f Cotfi r County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www, col I ie rcou nty.gov Final Submittal Requirement Checklist for: XPUD 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 htt www.colliercount fl. ov Home Showoocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Z Pre -application meeting notes 1 ❑ Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form_ 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 ❑ List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 ❑ Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included 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 of previous surveys. 1 El Traffic impact Study bkw AT i, AA-v OF 54kJ k, ` 4L- 1 [] ❑ Historical Survey 1 ❑ School Impact Analysis Application, if applicable 1Nr ❑ Electronic copy of all required documents 1 ❑ Completed Exhibits A-F [see below for additional information]` ❑ ❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ❑ ❑ Checklist continues on next March 4, 2020 Page 9 of 1 Packet Pg. 432 9.A.2.f Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. co I l i e rco a nty.go� 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Revised Conceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy (-] Original PUD document ordinance, and Master Plan 24" x 36" - Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ El 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 Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description `i Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding "Wildfire Mitigation & Prevention Plan." PLANNERS - INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson Utilities En g ineering: E+ie-Fey Tg-,v,v,Fr,+. . gjINLy Parks and Recreation: Barry Williams (Director) Management: Dan Summers Immokalee Water/Sewer District: ffEmergency City of Naples: Robin Singer, Planning Director 1.21 Other; • A PL e,�, City of Naples Utilities 121 Other: 5`76/2.,rr w4-re,�- cC oaf ASSOCIATED FEES FOR APPLICATION X Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000,00* plus $25.00 an acre or fraction of an acre X Comprehensive Planning Consistency Review: $2,250.00 ,A Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: i5yErK4-tL-TQ srrFp- �Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 433 9.A.2.f Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliertounty.go►► (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: o CCPC: $1,125.00 ❑ BCC: $500.00 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 at 20% of the original fee Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 Packet Pg. 434 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and PL20220003805 1, Josh Meyer (print name), as Manager (title, if applicable) of JLM Living. LLC, a Texas limited liability company (company, If applicable), swear or affirm under oath, that I am the (choose one) owner=applicantQcontract 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 Q• Grady Minor & Associates, P.A. and Coleman, Yovanovich & Koester, 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. wl'-7r 5 Siogature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of ®physical presence or 1771 online notarization this 10 day of %YI 4i'&Jl 2023 , by (printed name of owner or qualifier) Josh Meyer as Manager Such person(s) Notary Public must check applicable box: ® Are personally known to me ® Has produced a current drivers license c�Pp" P�gli LORI SWEETLAND e *: *. My Notary ID # 1251IU212 9rF aF Kit° Expires January I(N2025y S id Has produced as identification. Notary Signature: CP108-COA-001151155 REV 3/4/2020 Packet Pg. 435 AFFIDAVIT OF AUTHORIZATION 9.A.2.f FOR PETITION NUMBERS(S) PL2022000MU and PL2022WO3W5 I, Wheie J. sendef (print name), as Trust- (title, if applicable) of K& B Fwnif Truss (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 c the referenced property as a resuit of any action approved by the County in accordance with th o application and the band Development Code; 2. All answers to the questions in this application and any sketches, data or other supplementary matt EL 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 hou u 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 ar c restrictions imposed by the approved action. '- 5. Well authorize Juw Living. LLC. a Texas IlfnNd llabillly company to act as our/my representati% in any matters regarding this petition including 1 through 2 above. *Notes: c 00 ■ if the applicant is a corporation, then it is usually executed by the corp. pros. or v. pros. M e If the applicant is a Limited Liability Company (L.L. C.) or Limited Company (L.C.), then the documents shoo 0 typically be signed by the Company's 'Managing Member, " N e if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. N e If the applicant is a limited partnership, then the general partner must sign and be identified as the "genet a partner" of the names' parfnership. ■ If the applicant is a trust, then they mast include the trustee's name and the words "as trustee". M e In each instance, first determine the applicants status, e.g., individual, corporate, trust, partnership, and the N use the appropriate format for that ownership. F1- Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. Si nature Date STATE OF FLORIDA COUNTY OF COLLIER foregoin in trument was acknowleged before me by means of Elphysical presence or ❑online notarization this day of 2023 , by (printed name of owner or qualifier) Wwleie J. Bander as Trustee Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license ❑ Has produced as identification. :�rP JaEs r SCHilLIE Notary Public - State of Florida Notary Signature; ` �' COMM15600 # HH 189543 my Comm. Expires Hoy 23, 2025 CP108-COA-WI In] 55 REV 3r4l2920 Packet Pg. 436 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003604 and FL20220003805 I, Agnes Rmwn Dinava (print name), as NA (title, if applicable) of N.A (company, If applicable), swear or affirm under oath, that I am the (choose one) owner applicant contract purchaserF7and 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 JLM Living, LLC, a Texas limilad liability company to act as ourlmy 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 carp. prey. or v. pres. • It the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.CJ, 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. r 11 . ;ZV 0. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Ebphy5ical presence or ❑ online notarization this day of '''' } w 20 23 . by (printed name of owner or qualifier) Agnas grown 4inavd Such person(s) Notary Public must Check applicable box: ❑ Are personally known to me ❑ Has produced a current drivers license ©-flas produced: 1i identification. Notary Signature: Ovikt- CM08-COA-DO 1 REV 3/4t2020 gWON UMpEtH QUR my CAMMIS$14N I MR189535 EVIRES:Oeceiritter 4, 2025 bonded ihre Notf Public Undm�wft Ovf,• Packet Pg. 437 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL�ozzaao3So4and PL20220003805 I, Edward Arthur Oinova (print name), aS N.A. _ (title, if applicable) of NA. (company, If a licable), swear or affirm under oath, that I am the (choose one) owner0 applicant=contract purchaser=and that: 9. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. Ail 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. WeJI authorize JLM uving, LLC, a Texas limited liability company 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. pros. or v. pros. • 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 iA it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER ,The foregoing instrument was acknowleged before me by means of a ysical presence or ❑ online notarization this day of '� L. 203, by (printed name of owner or qualifier) Edward Arthur Dinova Such person(s) Notary Public must check applicable box; ❑ Ara personally known to me ❑ H 199 Has produced a current drivers license ;;�w► ti St R dMt�#H1 • MY cQMMIS8{pty # H1d535 k#as produced L ' as idontification. EXPIRES' Dwmber 412025 ti BMW �ru Noukry PubgC Lfrrd6 %IWM Notary Signature: j/ C P108-[; OA-0©11 S1 I $1 REV 3/4/2920 Packet Pg. 438 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL2022000=4 and PL202200QU05 1, Juvin House (print name), as N.A. (title, if applicable) of N.A- (company, If a licable), swear or affirm under oath, that I am the (choose one) owner0 applicantQcontract purchaseroand that: 1- i have full authority to secure the approvals) 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 ELM UyIng, LLC, a Texas llmiled llablllty company 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. pros. or v. pros. • 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 their 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 acts stated in it are true. Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of 0physical presence or ❑online notarization this 3 day of March .2023 , by (printed name of owner or qualifier) JusVr Houae . Such person(s) Notary Public must check applicable box: ❑ Are personally known to me x1 Has produced a current drivers license ❑ Has produced _ at 1 entification. Notary Signature: $MRON WIPE My COMMISSION # HH 10535 ` EXPIRES: D&wmber 4, 2025 gondadTraNalAryMu kUrrdmwM_ CM-C❑AM I I51I55 REV 314/2424 Packet Pg. 439 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL202200038Ci4 and PL20ZZ0003805 1, Gerald William House (print name), as N A (title, if applicable) of NA (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicantOcontract purchaser and that. 1_ 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2, All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and 1r�elstrictions imposed by the approved action. `J. y yell authorize AM Livvi Q, LL,C, a Texas limited linbility company 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.), them the dacuments 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 fimited 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 detennine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. . ! Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Qphysical presence or ❑online notarization this stay of March , 2U 21 , by (printed name of owner or qualifier) Gerald William House Such person(s) Notary Public must check applicable box: ❑ Are personally known to me M Has produced a current drivers license ❑ Has produceds identification. ( it Notary 5igna#urea J t ?i SH1tRON UMfPENI10UR ' MY CQMMISSI(}N # HH 199535 EXPIRES: December 4, 2025 Bonded 7hru Nolsry Public Unde..Me($ CP108-COA-011115115.5 REV 31412021, Packet Pg. 440 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and PL20220003805 1 Virginia M. Uli,05 (print name), as N.A. (title, if applicable) of N.A. (company, If applicable), swear or affirm under oath, that I am the (choose one) owner= applicant contract purchaserFland that: 1. 1 have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Cade; 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 JLM wing, LLC to act as our/my representative in any matters regarding this petition including 1 through 2 above. 'Notes: • If the applicant is a corporation, them it is usually executed by the Corp, Ares. or v, pros. • If the applicant is a Limited Liability Company (L.L-GJ or Limited Company (L-G-), then the documents should typically be signed by the Company's "Managing Member." • if the applicant is a partnership, then typically a partner can sign on behalf of the partnership. • If the applicant is a limited partnership, then the general partner must sign and be identified as the 'general partner" of the named partnership. . If the applicant is a trust, then they must include the trustee's name and the wards "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. 3 ' 4 1 /'""�'4r �r February 23, 2023 Signature Date STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of tplhysical presence or ❑ online notarization this 23 day of Fal—mv , 20 z1 , by (printed name of owner or qualifier) Virginia M. Landis Such person(s) Notary Publie must check applicable box: ❑ Are personally known to me ❑ Has produced a currant drivers.license ❑ Has produced M' Notary Signature: Itification. SHARON UMPENHOUR W COMMISSION 0 HH 109630 EXPIRES: Dsumber 4, 2U5 Banded TNV W bry Pubk Undsw t % CFW-COA-00115\155 REV 3/4/2020 Packet Pg. 441 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) Ft-20220003804 and PL20220003805 I, Jon PerfthiN (print name), as Manager (title, if applicable) Of LiWe Pepper Ranch, LLC (company, If a licable), 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 #or 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 JLM Living, LLC, a Texas rimitad liability company 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 core. pres. or v. pres. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), their 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, their 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, l declare that I have read the foregoing Affidavit of Authorization and that the facts stated in it are true. 2 atu re yak STATE OF FLORIDA COUNTY OF COLLIER (XLforegoin ' �tr rft6nt was acknowleged before me by means of �#pfiysical presence or ❑ online notarization this ['day of - I C- 20 as , by (printed name of owner or qualifier) Jon PtMchltf aS Manager of Little Pepper Ranch, LLc Such person(s) Notary Public must check applicable box: 0 Are personally known to me ❑ Has producedIa{rUrrent drivers license [h as produc$d ' cTa F as identification. .... —Lt—( Notary Signature: CP108-CO A-001 I M 05 RPV 31412024 "t SHARON UMPENHOUR * k; µY COMMISSION # H141"W x EXPIRES: December 4, 2025 SwdadTIWUNaGuYNOUcUndellvrrq.rs Packet Pg. 442 9.A.2.f AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220003804 and P1-20220003805 1, Shannon Partchik (print name), as Manager (title, if applicable) of Llltle Popper Ranch, LLC (company, If applicable). swear or affirm under oath, that I am the (choose one) owner= ap pl ica nt =cc ntract 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 author¢ze JLM Living, LLC, a Texas limiled liability Company 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, pros, • 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, them 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 them use the appropriate fonnat for that ownership. Under penalties of perjury, I declare that I have read the foregoing Affidavit of Authorization and that the facts tated in it are true.zv; zz��- f�. �`.� Z Signature date STATE OF FLORIDA COUNTY OF COLLIER foregoin '.fit{44 was acknowieged before me by means of physical presence or ❑online notarization this day of � ' .20 23 , by (printed name of owner or qualifier) Shannon Pertchik as Manager omillle Pepper Ranch, LLC Such person(s) Notary Publio must check applicable box: 0 Are personally known to me ❑ Has produced a current drive license r— f- � , [as produce < < + - as identification, Notary Signature: jvn f ll cro&COA-00I 151][55 REV 3/4f2020 �•• SHARON MPENHOUR My COMM15SON # HH 1005 • EXPIRIES: I]ewmWr 4, 2025 ''• �nr °.� 0oaded Thru ROM Public UP0 Packet Pg. 443 Coder County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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 Dwight E. Landis (deceased) Virginia M. Landis, 2661 Sundance St, Naples 34120 (as tenants by 100 the entirety) Edward Arthur Dinova and Agnes Brown Dinova, 2691 Sundance St, 100 Naples 34120 (as tenants by the entirety) Gerald William House and Justin House, 2914 Randall Circle, Naples, 100 34104 (as tenants by the entirety) 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 N.A. 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 H & B Family Trust, PO Box 1037S Naples 34101 Michele J. Bender as Successor Trustee — 100% 100 01/2023 Page 1 of 3 Packet Pg. 444 Coder County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 Little Pepper Ranch, LLC, a Florida limited liability company, 2655 Sundance Street, Naples 34120 Jon Pertchik as Manager (Ownership Interest) Shannon Pertchik, as Manager (Ownership Interest) 100 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 Address % of Ownership JLM Living, LLC a Texas limited liability company, 3839 Bee Caves Road, Suite 205, Austin, TX 78746 (see attached) Larry Meyer, Manager - Ownership Interest Josh Meyer, Manager - Ownership Interest Chris Votaw, Manager - Ownership Interest 100 Date of Contract: 2021 and 2022 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 1990, 2009, 2012, 2016 and 2022 01/2023 Page 2 of 3 Packet Pg. 445 Coder County 9.A.2.f Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A. , or Anticipated closing date: N.A. AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov February 24, 2023 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) 01/2023 Page 3 of 3 Packet Pg. 446 Coll%r Coxnty 9.A.2.f COLLIER COUNTY GOVERNMENT 2800 NORTH J40RSESJ40E DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.cailiercounty.goy (239) 252-2400 FAX: (239) 252-6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Paroef ID Number00190520DOS Immokslee Road (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 Residential planned unit developmen+ [ R P€!D) zoning. We hereby designate JLM Ovin9. UGC legal representative thereof, as the lega representatives of the property and as such, these individuals are authorized to legally bind all owners of the property it the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring anc authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoninj 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 placer on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. Z. The legal representative identified herein is responsible for compliance with all terms, conditions, Safeguards, anc stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or it 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, oI safeguards provided for in the planned unit development process wilt constitute a violation of the Land developmen' Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants anc restrictions which run with the land so as to provide notice to subsequent ownersthat all development activity withir 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 compe compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unil development and the County may stop ongoing construction activity until the project is brought Into compliance witl all terms, conditions and safeguards of the planned unit development. owner iNichele J. Bender as Truatee of H & B Fam0y Trutt Printed Name STATE OF FLORIDA COUNTY OF COLLIER Owner Printed Name The for oing instrument was acknowieged before me by means of ahysical presence or[Donline notarization this day of 7r'l 20_L3, by (printed name of owner or qualifier) m0efe J• Bender asTrusteeaf H & B Fatuity Trust Such person(s) Nota(v Public must check applicable box: SAre personally known to me []Has produced a current drivers license :s;•Pi ._ JAME5T5CHU12f [3Flas produced as Identfficatlon. - Notary Public • State of Florida 0 M a cis w a� .: J 2 J 0 0 0 M 0 0 0 N N 0 N J a rn M 0 ti N r " commission # HH 189541 Notary Signature: My Comm. Expires Nor 23, 2025 March 4, 2020 Packet Pg. 447 INSTR 4868960 OR 4947 PG 393 RECORDED 7/23/2013 9:23 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 Prepared by & Returto: G. Herbst . P.O. Box 10375 `< Naples, Florida 34101 Made this 17th day of igy, 201 10375, Naples, FL 34101 (hereiriad�r, successors in trust, under the H'&I referred to as "Grantee"), with full pol encumber, or otherwise to manage anj in Florida Statute 689.071, and whose EXHIBIT Claim Deed by G. Herbst, a married man, whose address is P.O. Box filled the "Grantor"), to G. Herbst, as Trustee, or his FAMILY TRUST, a Florida Land Trust (hereinafter ;r ai114 authority to protect, conserve, sell, lease, li�pose,of the real property described herein as provided ost offii)e address is: P.O. Box 10375, Naples, FL 34101. (Whenever used herein the term "grantor" and grant ,'$,include all the parties to this instrument and the heirs, legal representatives and assigns of individ�af the successors and assigns of corporations) Witnesseth, that the grantor, for and in cosef*n of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideratiorii receipt whereof is hereby acknowledged, .does hereby remise, release, and quit claim unto the `gailtee forever, all the right, title, interest, claim dfid demand which the said grantor has in and to, all that certain land situate in Collier County, Florida, viz: i The West one half (1/2) of the Northeast quarter (1/4) bttihe Northeast quarter (1/4) of Section 25, Township 48 South, Range 26 East; subject to e�tl ti g restrictions and reservations of record; and less the North 100 feet previously c nxeyed for highway right-of-way, and less that portion as described in O.R. 3302, P,`a 3251. Parcel Identification Number: 00190520005 Together with all the tenements, hereditaments and appurtenances theitOO gtng or in anywise appertaining. To Have and to Hold, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the said grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Packet Pg. 448 *** OR 4947 PG 394 *** 9.A.2.f and delivered in our presence: Witness v - Printed Name: �� V-r*—A w Witness Printed Name: State of Florida County of Collier The foregoing instrument was acknowledgd G. Herbst, who is ( ) personally known to m4 identification. [Notary Seal] N Printed N thisi—j— day of July 2013, by has produced a driver's license as My Commission :YMWWW__P--MN 91m won W.13, 00 14 Quit Claim Deed- Page 2 0 D a N R w a, c J J N O 00 M O O O N N O N J d Cn co O ti N a� CL Y V R m Y r- M Q Q. Q vO Y c a) t U r Q c d E t U R Packet Pg. 449 9.A.2.f C o e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gou (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 10 Number 00191400001 (Street address and City. State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate JLM Living, uuc 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. Sc) 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 term , onditions and safeguards of the planned unit development. �s Owner O er Edward Arthur Dinova Agnes Brown Dinova Printed Name Printed flame STATE OF FLORIDA COUNTY OF COLLIER The foregoing instryment was acknowleged before me by means of 0] ysical presence or❑anline notarization this . day of 1 '- � 24J by (printed name of owner or qualifier) Edward Arthur Dirime and Agnes Brown Dinova Such person(s) Notary Public must check applicable box: ❑Are personally known to me StIARONUMPENµOUR ' �T Pu it ❑Has produced a current drivers license MyCpt M1S51DN0it 199535 Mesas produced , '� Lv dentification. nl EXPIRES: DeWrnber4.2025 { Thiu Notary puNic underwrltor3 Notary Signature: ly i March 4, 2020 Page 8 of 11 Packet Pg. 450 9.A.2.f IN&TR 6258394 OR 6132 PC CLERK OF THE CIRCUIT COURT D00.70 $0.70 REc $18,50 CONS 510.00 978 E-RECORDED 5/26/2022 9:12 AM PAGES AND COMPTROLLER, COLLIER COUP—, INDX $1.00 EXHIBIT Prepared by nod return to; Zaltnan Cale, IN. Low Offiee of Conrad Willkomm, P.A. 3201 Tsmiami Trail Nora}, Second Floor Naples, FL34103 239-262-5303 I< f "� File Number: 22D.09" .. Parcel Identification No,,.OPV14 0001 (space Above This Line For Recording Oiiial 'warranty Deed ATUTORY FORM - SECTION 689.02, F.S,) This Indenture made this 19" day f Ma 20;2, between Edward Dinova a/k/a Edward Arthur Dinova, a married man joined by his spouse Agnes Brown Dir ova,lase post office address is 2691 Sundance Street, Naples, FIB 34120, of the County of Collier, State of Florida, gr rjt r`, aj. d,Edward Arthur Dinova and Agnes Brown Dinova, husband and wife, whose post office address is 2691 Sundentze etr*t, Naples, FL 34120, of the County of Collier, State of Florida, grantee*, { r � Wiitnesseth that said grantor, for and in consideration ttiestl ttn of TEN AND NO/ 100 DOLLARS (S 10,00) and other good and valuable considerations to said grantor in hand pad by id. grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grant. s heir' .nd assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit:' The North Half of the 'West half of the West Half of t4 }least Quarter of the Northeast Quarter of Section 25, Township 48 South, Range 26 Vast, said..�t's gltitate lying and being in Collier County, Florida, per Deed recorded in OR Book 2260, Page 0274, Ptia llc; cords of Collier County, Florida. This deed has been prepared without benefit of title search n,tt;dlor' ;imillatiott. and said grantor does hereby fully warrant the title to said land, and wN de e# 1d he same against lawful claims of all persons whomsoever. . "Grantor" snd "Grunlee" are used for singular or plural. ns a K+y uiro$, ,y *Intentionally Len 131stnk" Packet Pg. 4 1771 9.A.2.f Cioftr C wnty COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col lie rcou nty.gav 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252.2400 FAX, (239) 252•6358 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel I0 Nurnbar00191440003 (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 - Residential planned unit development (R PUD) zoning. We hereby designate ELM„Living. LLC 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 dev pment. ~Owner wrier Gerald Wllllam Howse Just n House Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of ❑x physlcal presence or❑online notarization this a day of March . 20 23 , by (printed name of owner or qualifier) Garald William House Such persons) Notary Public must check applicable box: ❑Are personally known to me QHas produced Acurre, drivers license g}�pH UMPENHOUR ❑Has produced as identification.MYCO>4tM18S1pNiFHH189ii35 EXPIRES: December4,2025 Notary Signature' BondedThruNulsryPubNcUndarvnitera March 4, 2020 Pages of 11 Packet Pg. 452 9.A.2.f INSTR 4367563 OR 4513 PG 1991 RECORDED 11/30/2009 3:09 PM PAGES 1 DWIGHT E, 9ROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DoO.70 i0.70 REC $10-00 CONS $0 , 00 EXHIBIT This Instrument prepared By Jana Jay Malen, Esq. P.0. Box 308 Naples, FL 34106 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this r2Lday&Ho"e 2009 by Jill Eleanor House}g 4(v9rced woman, first party, to Gerald Wind Justin House, whose post office address ' 914 Randall Circle, Naples, FL 3410ty WITNE35, � at the said first party, for and inconsideration of the sum of $10.00 OGV, in hand paid.. by't said second party, the receipt of which is hereby acknowledged, does hereby remise, release andgit#t-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lyfpg and being in the County of Collier, State of Florida, to wit: South %: of West 1/z of We /i# 5E 1/ of NE 1/� S 25 T48S R 26E Parcel #00191440003 TO HAVE AND TO MOLD tlteisarne tggether with all and singular the appurtenances thereunto belonging or in anywise appertin ni and aIt the estate, right, title, interest, lien, equity and claim whatsoever of the said first parfy�eithe 'in law or equity, to the only proper use, benefit and behoof of the second party farcver, IN WITNESS WHEREOF, the said firstprt.bos signed and sealed these presents the day and year first above written. . Signed, sealed and delivered in the presence of T 11 EA 8R HOi3SE led Name of Witness tress T Printed Narnc 6f Witness { STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jill Eleanor House, who is personally known by me or who provided identification in the form of , ana who acknowledged before me that s/he executed the same, in the County and State first aforesaid this ,?8' day of July, 2009. NOTARY PUBLIC Yrinted�ao��$� {seal} Packet Pg. 453 9.A.2.f Coder C014nty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (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❑ Number 00191360002 (Street address and City, State and Zip Code) and legally described in ExhihitA attached hereto. The property described herein is the subject of an application for Residential _ planned unit development (R PUD) zoning. We hereby designate JLM Living, LLC , 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 prodded 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. IL Owner Owner Virginia M. Landis Printed Marne Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowleged before me by means of Mphysical presence olDonline notarization this 23 day of February , 20 23, by (printed name of owner or qualifier) Virginia M. Landis Such person(s) Notary Public must check applicable box: F]Are personally known to me E]Hasproduced M—N rive'sl'pe `YF 953 �y00 gION#HH195 xMHas producedas ide ti ication. �. ,: C,7� _ ` ac Ar EXPIRES: Dewmber 4, 20M Notary Signature: ( • 4"z � $°^Th+"Nu%ryPublkUndwmftrm 11 March 4, 2020 Page 8 of 11 Packet Pg. 454 9.A.2.f vDieir � _ • _ _ _ _ . 7. D1'422483 ecrII Mfi40 tIEA COMTY pp'}} OED This �%rlantiz ]Drrb Mk 16e j dare( Oee•embef A.U.t9g9 by JhN£S ghRTR[PGE ann LakEtin O. PhRTRIC73. Husband and fate and M pC D1IPHETTA F. SCAT+ ae tenants in cc,.unon !u MT ieuher nllni elw cntaeer. w I %iGn" E. LANDIS A%d VIRGINIA N, L.ANDIS. husband and wiir � f ,<hsiR oflAreWlsrwti: MiO SUhRRFY DRIVE BONITA SPRINGS. PL �3933 ia+ ferrralltvirhrVMMV Grantees' 9SH:31i•�'-n7z: 3P&-db-��]° N fYlia,r,.. ,.nf ir„w Ir w., -o.,..-..[ -hn.+� .xAS .0 dr nn.,, er x•. F.■,....,.i e. a.,.. ■.t ,... n.i .wrw. a a.a.s .,.i A ,,........,i ...•.,rests-.rwr Q lnvssrlf , Thar the pfn[or. for ■nd In eatulder.don of &w sum of S TEN A NOJJ 1DD midusher ,A-ble reR■IdeM hRlns, rr!Nrt ,.he+•af t, t,ercM• .sknar,ledard, herc6} Rrsna, Hhpfos ,rl6, .11ee,5 m-Jw • rctea,as, ronrers:nd,estif`rms unto she rhan[n. wll char ceru[n f•nd slrhuv In k POLL 1 £R Ceae�.F�c,td,,.{r _ Strap No. 001 D13 6000f2 The North J2 of thtr Cast 112 of the West 1h2 Of the SOWI— a8r 114 a{.,t Hortlll!*nt 1?4 at Soction 25. Township iA south. Range 2 F.itak,"le6s, the 5ast 30 trrt tar Felslir Rigl,t•o!•way, said lands 1'y .bf nq and zitsatvj in CeI2 ,.ev County, Floraia. E6I SUBJECT TO co, .--nL e9L11!•L141[E, eaanr.eyl.n ni retocda and iaxeE� for the curr*11 rnr:1 m u THIS 15 BEIND Re Ref. WED To PEPOM THIS It? Tax PROPER corny- d r ee eYO aaltitMlaiy Stamp YAK ,�.eho . , ,r� fiery 1ep oh.nrt ee[hs. Lit {gt,rnY ' Y ." S ,_%y LIAfi •1G•' ny �k�' sek'a1._.._a1.,f]w. (h.nnv C+••h PlhsXAI erWeny Tax OLLI C YY CLERK qP COURTS �— .9Y �+ar<r4RCiflrr w[e]r .II ehe emu, he, theo aIn ny0x.iL + stirn■re ■p'.1 frhlnlL 0 �%rbr Artb tG �Mpih, [ht ■amr in f' mplrfffnhF�m.` �krth the Rnntur hereby cmisuina w4h mid as■ntteiha tbt erani 4 Ir.iullY ri-,l 4 r,i,r Isnd In fryt sltePlr:tberthe punrorhaa1�;wdright and lii fol■uchunryroull■ndeon midi■nd;hhuthe Rr.morhrrebvfully wennurheilrk ho mid hnd ■nd rill defend the mme ay■imt[hi L• rlrtm�ofh,il lt-rwnr.homrutrt ■nd thlr a,kd land f■ hi•t el dl rnenmb�nref, tfhrrPe WellaeeruinR t tlenr p Oerem 31• L9 dg O I ,�rt Pifaresl pilrrrof, thr mid p nso. hu aldnrd ■iid v4l-1 ildmt pr*mi the day and you Ont .how --n_ o 41f Sl¢hhrQ�, r. nd drtll.>rrrd� o rr,ce: ;K ¢• m9s MR R AR G a� TA ORT _ (TFAO SEPARATE .. 30)�. � STATE OF FLORIDA 4 COUNTY OF LEE , I HEREBY CERTIFY thatoe thisd■y, befog rde, as r.a h duly .�D ottua In the 3satr.lo[tasid ■nd Ln the Googly derrwld ro *+he.rkr o.u.dprrrrra. pe,.n yoy ed JAMES, PhRTRIDCH and LCIA99R D. PARTRI50K. Husband and Wit* 4nd eo 9NPHFTTA P, SCOTT_ as tenanLe in common ro ra,e kna,nr ra yo the perw.{rj dr,«fbed in .nd whe nnvxd dx lae=e[sha trrtruakahr sad they rr4na>rpd oriorc Inr dmr they —id d dw A— WIr7t ed and alHeial ■sal 1n d,e cQ&piv .nd 5— 6.t aln.d.[d ll . , A-V. L9 $ .Fr -- 44 y PPEPARED BYr DIAHA L. 140GUE Lo fi%ECUTIVLSI TITLE INSURANCE SERVICESt, INC. 4450BoniH4nita Beaeh Read, 6ui#• 3 .,ht►� Bonita springs, FL 33923 qurtnllte sn+t ar rwura v� stsrp�ru atiiuu�t:u �ih:�rea Packet Pg. 455 9.A.2.f o*e-r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.collierc❑unty:gooy (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 ID Number00191600006 (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate JLM Living, LLC 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 said 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-un 'I the project is brought into compliance with all termsrc7ditions and safeguards of the planned unit develop e, ' Z . Owner Ciwnr-.. Jon Parlchik as Manager of Little Popper Ranch, LLC Shannon Pert&ik as manager of LKIn Popper Ranch, LLC Printed Name Printed Name STATE OF FLORIDA COUNTY OF COLLIER The for i ,iyy� ument was acknowleged before me by means of [physical presence or❑online notarization this - day O 20 23 , by (printed name of owner or qualifier) Such person(s) Notary Public must check applicable box: ❑Are personally known to me „ ❑Has produced a_ urre driers license `"'! SHAFtONUMIIMIR ONas produce � 1 as identification, MY CofAkllsSidbl�Ii 4.20 35 'v' EXPIRES:Qaae�nbar4,20?5 (F I Ttcu NaWy Pubk UMG ruvrfters Notary 5ignat`ure: I `�1 March 4, 2020 Page 8 of 11 Packet Pg. 456 9.A.2.f INSTR 5303511 OR 5305 DWIGHT E. BROCK, CLERK DOM 70 $1,295.00 REC CONS S185,000.00 PG 3751 E-RECORDED 8/19/2016 3:07 PM PAGES OF THE CIRCUIT COURT, COLLIER COUNTY Ft_ORTPA S18.50 EXHIBIT PYenared by and return to: Cheryl R Kraus Attorney at Law Cheryl R. Kraus, P.A. 1072 Goodlette Road Naples, FL 34102 239-261-7716 File Number: Pertchik4 . y Consideration: $185;t10, Parcel Identification No, 00 9160 005 '�_ISpwc Above This Line For Recording D4taj_ Warranty Deed (STATJORY FORM - SECTION 689.02, F.S.) l}/I This Indenture made this 18th day of An 1 Z016 between Joyce A. Landis, a single woman, individually and as Trustee of the Joyce A. Landis Revocable Tru t.datfti OU25/2016 whose post office address is 25250 Papillion Drive, Bonita Springs, FL 34135 of the County of Leek taig oE,Florida, grantor*, and Little Pepper Ranch, LLC, a Florida limited liability company whose post office addres .i$ 165 Sundance Street, Naples, FL 34120 of the County of Collier, State of Florida, grantee*, Witnesseth that said grantor, for and in consideration thet►.ofTEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand pai¢y said -grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and granwbf s r and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: A tract 628 tying in Section 25, Township 48 South, Rarri�e�ti"�ast, Collier County, Florida, and being more particularly described as follows: A tract;lyin ln"Section 25, Township 48 South, Range 26 East, Collier County, Florida, and beinmo a particularly described as follows; Commencing at a concrete monument, being the I,'9z-ca+tter of said Section 25, thence N87- 49-16W, 655.73" along the centerline of Sundance Rd. (so called), an lheySouth line of the NE Y. or said Section 25 to the POINT OF BEGINNING of the hereinafter(deserPed bract A-t, said point being the S.E. corner of the E 14 of the W !x of the SE 'It of the NE'/.,Ro0cctiog25; thence continuing along the aforesaid centerline of Sundance Rd. and the South line of the. '!. f Section 25; N87-49- 17W, 327,67" to the S.W. corner of the E ''A of the W 1x of the S.E. '✓ ti the:E. 'r4 of Section 25; thence along a portion of the W. line of the E K of the W V3 of the S.E. '/4 Or a Jul. %. of Section 25, N00-16-06E, 682.23"; thence S87-54-19E, 328.43" to a point on the E. line af`tlie ' of the W % of the S.E. %. of the N.E. '/4 of Section 25; thence along a portion of the aforesaid E. lir , 500-19-00% 682.701, to the POINT OF BEGINNING. SUBJECT to a 30" wide easement fu"-public road Right -of --Way (Sundance Road), over and across the South 30" thereof. All recorded in OR 736, Page 516, ALSO SUBJECT to an easement over and across a part of the Westerly w, or aforementioned Tract A-L Said 10" wide easement extends from the North line or Sundance rid. to the North line of said Tract A-1, Said 10" wide easement being for public road Right -of -Way. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever, Subject to taxes for 2016 and subsequent years; zoning, building code and other use restrictions Imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record, if any. Double I iim-, Packet Pg. 457 9.A.2.f *** OR 5305 PG 3752 *** Grantor warrants that at the time of this conveyance, the subject property is not the homestead of the Grantor or the Grantor's spouse or minor children within the meaning set forth in the Constitution of the state or Florida, nor is it contiguous to or a part of homestead property, Grantor's residence and homestead is 25250 Papillion Drive, Bonita Springs, Florida 34135-8845. and said grantor does he.reVy fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. Iraand "Grantce" orc used for singularor plural. as context requires. a In Witness Whereof, grantor h �h reunto set grantor's hand and seal the day and year first above written, Signed, scaled and delivered in our presence Witness Name: C_ j+kV.��k {C.P rA a A. Landis, Individually and as Trustee the Joyce A. Landis Revocable Trust dated 01/25/2016 Wiiness Name: State of Florida County of Collier, , 4 � The foregoing instrument was acknowledged before me this' .. dh of August, 2016 by Joyce A. Landis, Individually and as Trustee o the Joyce A. Landis Revocable Trust dated Ol2t,who [_] is personally known or [X] has produced a t 3 _� as identification.• ,� s '� v r [Notary Seal] Notary Public Printed Name: SttFF2 ft2p�CAW MY COMMISSION PE7fES; pprt8, 20 eUdaondnNab My Comm issiori x fires r Warranty Deed (Saurr(rory Farm) - Page 2 pouble'rimeR- Packet Pg. 458 9.A.2.f Co Ter C;OUHty Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] S25/T48/R26 STREET ADDRESS(ES) where applicable, if already assigned. 2661, 2691 and 2655 Sundance St PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. PUDZ (Planned Unit Development Rezone) CURRENT PROJECT NAME PROPOSED PROJECT NAME JLM Living East RPUD PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rcou ntyfl.gov Packet Pg. 459 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00190520005 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 460 Collier County Property Appraiser Property Aerial Site 2661 Parcel No 00191360002 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341; *Not Packet Pg. 461 Collier County Property Appraiser Property Aerial Site 2691 Parcel No 00191400001 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341: *Not Packet Pg. 462 Collier County Property Appraiser Property Aerial Site C;+ 70%5% 'u Parcel No 00191440003 Address Site City NAPLES u *Note 34120 *Disclaimer I c.-A A M'iAll Open GIS in a New Window with More Features. Packet Pg. 463 Collier County Property Appraiser Property Aerial Site 2655 Parcel No 00191600005 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341: *Not Packet Pg. 464 INSTR 4868960 OR 4947 PG 393 RECORDED 7/23/2013 9:23 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 G d Lu Prepared by & Returto: G. Herbst E P.O. Box 10375 `< Naples, Florida 34101 „Quit Claim Deed co Cl) Made this 17th day of iny, 2013 by G. Herbst, a married man, whose address is P.O. Box c 10375, Naples, FL 34101 (hereinadr dolled the "Grantor"), to G. Herbst, as Trustee, or his N CD successors in trust, under the H'&,B-FAMILY TRUST, a Florida Land Trust (hereinafter J referred to as "Grantee"), with full power anal authority to protect, conserve, sell, lease, a encumber, or otherwise to manage and di�pose of the real property described herein as provided M in Florida Statute 689.071, and whose &ffbe address is: P.O. Box 10375, Naples, FL 34101. o � 5 v (Whenever used herein the term "grantor" and. grant '$_include all the parties to this instrument and the �a heirs, legal representatives and assigns of individ�af the successors and assigns of corporations) Witnesseth, that the grantor, for and in colfsef*n of the sum of TEN AND NO/100 2 DOLLARS ($10.00) and other valuable considerations reeeipt whereof is hereby acknowledged, .does hereby remise, release, and quit claim unto the `gaittee forever, all the right, title, interest, claim dfid demand which the said grantor has in and to, all that certain land situate in Collier 00 County, Florida, viz: i .Q The West one half (1/2) of the Northeast quarter (1/4) d he Northeast quarter (1/4) of C- Section 25, Township 48 South, Range 26 East; subject to sti restrictions and Q � � g reservations of record; and less the North 100 feet previously, c nxeyed for highway right-of-way, and less that portion as described in O.R. 3302, P,ge; 3251. E Parcel Identification Number: 00190520005 Together with all the tenements, hereditaments and appurtenances thei too gtng or a in anywise appertaining. To Have and to Hold, the same together with all and singular the appurtenances thereunto 0 belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity Q and claim whatsoever of the said grantor, either in law or equity, to the only proper use, benefit and behalf of the said grantee forever. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Packet Pg. 465 *** OR 4947 PG 394 *** 9.A.2.f and delivered in our presence: Witness v - Printed Name: �� V-r*—A w Witness Printed Name: State of Florida County of Collier The foregoing instrument was acknowledgd G. Herbst, who is ( ) personally known to m4 identification. [Notary Seal] N Printed N thisi—j— day of July 2013, by has produced a driver's license as My Commission :YMWWW__P--MN 91m won W.13, 00 14 Quit Claim Deed- Page 2 0 D a N R w a, c J J N O 00 M O O O N N O N J d Cn co O ti N a� CL Y V R m Y r- M Q Q. Q vO Y c a) t U r Q c d E t U R Packet Pg. 466 • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION 3192696 OR: 3302 PG: 3248 RICORDID In OPPICIAL RICORDS of COLLIIR COUM , IL 05/30/2003 at 08:22AK MIGHT I. BIOCI, CLIII "C M 33.00 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida,' vs. ROW CIVIL Case No.: 02-5138-CA Parcel Nos.: 113, 125, 127, 128 G. HERBST, et al., Rmd in 0 n Co Respondeps. 8Y o.c. ORDER OF TAKING THIS CAUSE coming on to be he d ! y)his Court, and it appearing that proper notice was first given to all Respondents and to all interest in or to the real property described in Court for an Order of Taking, and the Court being fi it is, therefore, ORDERED and ADJUDGED that: 1. hereof. 2. or claiming any equity, lien, title or other that the Petitioner would apply to this This Court has jurisdiction of this cause, the in the premises, upon consideration, and the subject matter The pleadings in this cause are sufficient and the Petitioner is YF delegated authority. y exercising its 3. That the property is being acquired for a public purpose. 4. That the taking of this property is reasonably necessary to serve the public purpose for which the property is being acquired. Packet Pg. 467 0 0 OR; 3302 PG; 32 5. That the Amended Declaration of Taking and Estimate of Value filed in this cause by Petitioner was made in good faith and based upon a valid appraisal. 6. Upon payment of the Estimate of Value as contained in the Amended Declaration of Taking, hereinafter specified into the Registry of this Court, the right, title or interest described in Exhibit "A" attachedheretoand made a part hereof by reference shall vest in Petitioner, COLLIER COUNTY, FLOR Dk. 7. Wikn t ven y days of this order. Petitioner shall deposit into the Court Registry the amount of One Hundred Thirty -Seven Thousand One Hundred and No/100 Dollars ($137,100.00) as the good faith estnate of value as set forth in Petitioner's Amended Declaration of Taking for the following pares� Parcel Parcel 113 Fee Simple Parcel 125 Fee Simple Parcel 127 Fee Simple Parcel 128 Fee Simple 8. That the deposit of money will Good Faith Estimate $ 72,000 S 13,500 S 25.500 $ 26, l W lawfully entitled to the compensation that will be ultimately determined by final judgment thi! court. 9. That upon deposit, as set forth above, and without � er',,notice or order of this Court, Petitioner shal I be entitled to possession of the property described _erefn. DONF, AND ORDERED in Chambers at Naples, Collier County Flrida, on this o& day of May, 2003. HuqKbAAv9s,,4FREUIT COURT JUDGE Packet Pg. 468 0 OR: 3302 PG; 32 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by United States Mail to all persons listed below on this c7 ;�day of May, 2003. �G. Herbst 1061 Logan Blvd. S. Naples, FL 34116 Gregory S. Rix, Esquire BRIGHAM MOORE. LLP One Tampa City Center. Suite 3410 Tampa, FL 33602 Kenneth Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 J SERVICE LIST w w J J LO 00 'Collier County Tax Collector o c/o E. Glenn Tucker, Esquire N RHODES & TUCKER J P. O. Box 887 a N Marco Island, FL 34146 ►e"�Heidi F. Ashton, Esquire '� 1 OFFICE OF THE COUNTY ATTORNEY f° •L ,Harmon Turner Building 2 331'East Tamiami Trail 94les FL 34112 Packet Pg. 469 r 9.A.2.f j _NORTH LINE OF SECTION 25 ZOKALEE ROAD AB 4 a W:W OJL 730, Pa. 510 Notes: 1. This Is not a survey. 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of record. DESCRIPTION: OR: 3302 PG: 3251 N FEE SIMPLE INTEREST i NOT TO SCALE 0� 4 W,. The Northerly 79.01 feet, of the West 1 /2. of the Northeast 1 /4, of the Northeast 1 /4, of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom the north 100 feet thereof DAV10 J. P. THE FIRM) granted for highway right—of-way. Containing 1.197 FLA. LIC. No. 58 acres more or less. NOT VALID WITHTTTHE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & %%C ASSOCIATES INC. IIIIIIIII ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L135770 SCALE SEC/SUB W.O. NO. DRAWN BY FILE NAME AS NOTED 25/48/26 0014.1 EAW 00-018—OO.DWG DATE SHEET FB PG CHECKED BY OWO. NO. 10/01 1 OF 1 DJH IR—L— R. a w w rn c J J 1PJ O W M O O O N N O N J a rn M O n N Packet Pg. 470 J r • __NMOKALEE _ROAD S.R. 846 1 i Sir / /_. N � 81 i 340 Z uj- -J < ^; Z3 to • :::._:_. In I, ... Q Q �O� Q U � x 0 Notes: 1. This Is not a survey. 2. Basis of bearing Is N/A. 3. Subject to easements, reservat restrictions of record. DESCRIPTION: The Northerly 78.38 feet, of the East 125' feet, of the West 660 feet of the Northwest 1/4, of the Northwest 1/4 of the Northeast 1/4, less the North 100 feet, previously dedicated for State Highway #846, Section 30, Township 48 South, Range 27 East, Colder County, Florida. Containing 0.225 acre' more or lees. AS NOTED N OR: 3302 G: 3252 FEE SIMPLE INTEREST 661%iii 0 50 100 150 unnu J. nTt, P� (FOR THE FIRM) FLA. UC. N W4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VVkWSSOCA TES ENGINEERS, SURVEYORS AND PLANNERS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSSEE NO. L85770 ,VB W.O. NO. DRAWN BY FILE NAME 1/27 0014.1 EAW 00-018—OO.DWG T FB PG CHECKED 8Y Dwc un a w m w rn c J J L0 O W M O O O N N O N J a rn M O n N REVISED 4/25/02 10/01 1 OF 1 DJH IR—L-125 Packet Pg. 471 ,r F'I L � 9.A.2.f E1RIfto-Ss dIBIT� F100' R/W IMMOKALEE ROAD S.R. 840 Notes: 1. This is not a survey. 2. Basis of bearing is N/A. 3. Sub)ect to easements, reservations and restrictions of record. DESCRIPTION: The Northerly aa.20 feet, of the West 150' feet of the East 1/2, of the North 1/2 of the Northeast 1/4, of the Northwest 1/4, of the Northeast 1/4. less the North 100 feet, previously dedicated for road Hyhtaway, Sectlon 30, Township 4a South, Range 27 East, Colller County, Florida. Containing 0.304 acres more or lesi. AS NOTED FEE affif .E INTEREST N OR; 3302 PG; 325 60%ii� 0 50 100 15( ZL5s a DAVID J. HY FTTHE . FOR THE FIRM) FLA. UC. N NOT VAUD WITH SIGNATURE AND THE OMINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION VVkWILKISON IIAES ENGINEERS, SURVEYORS AND PWVNE• 353 6 EXCHANGE AVE. NAPLES. F1A. 34104 (941 643-2404 FAX NO. (941) 643-5173 FLORIDA BUSINESS LICENSE NO. L85770 'UB W.O. NO. fCHEO(EDBOY N Y FlLE NAME /27 0014.1 W 00-018—OO.DWG :T FB PG DM Nn R. o_ o! N R W C J J 7 u') O co M O O O N N O N J a rn M O r` N 10/01 1 OF 1 DJH IR—L-121 Packet Pg. 472 r 9.A.2.f too' R/W J�RTH LINE O - SECTION 30 __jyMOKALEE ROAD _ S.R. 846 EXCEPTION W I— Q O 150.)0 30.00, 4 0 �1� O Ok NOT TO SCALE: OR; 3302 NG: 3254 FEE SIMPLE INTEREST 0 50 100 150 Notes: 1. This is not a survey. s 2. Basis of bearing is N/A. 3. Subject to easements, reservations and restrictions of DESCRIPTION: The Northerly 88,20 feet of the East One Half, of the ' North One Half, of the North East Quarter, of the North West Quarter, of the North East Quarter, less the North 100' feet rightofw0y, less the East 30' feet DAVID J. H P. FOR THE FIRM) thereof for egress and ingrtss, and the West 150' feet FLA. LIC. NO. 5e3 thereof. Section 30, Township 48 South, Range 27 NOT VALID WITHOUT THE SIGNATURE AND East, Collier County, Florida. Containing 0.287 acres THE ORIGINAL RAISED SEAL OF A FLORIDA more or lose. LICENSED SURVEYOR AND MAPPER SKETCH AND DESCRIPTION WILKISON & ASSOCIATES ENGINEERS, SURVEYORS AND PLANNERS 3506 AN EXCHGE AVE. NAPLES, FLA. 34104 (941) 643-2404 FAX NO. (941) W-5173 FLORIDA BUSINESS LICENSE NO. LB5770 SCALE SEC/SUB W.O. No. ORAWN BY FlLE NAME AS NOTED 29/48/27 0014.1 EAW 00-018-00.OWG DATE SHEET FB PG CHECKED BY DWG. NO. 10/01 1 OF 1 DJH I R. a w m w rn c J J 7 LO O co M O O O N N O N J a rn M O N N Packet Pg. 473 J 9.A.2.f 01422463 COttiER COUNTY i ^ -This pnrranty lirrb )&de the /ElDED 8(''-'' day of Deco:-':be_- 2764882 A.D.l9$g by 1RRl;ir:rl JAMES PARTRIDGE and LOREEN D. PARTRI D�--E . Hu=hand and „i t,= an'd ,. ORPHETTA P. SCOTT. as tenant S in cC-;:-:On f�T herrinaftet called the grantor. to I SNT r �s IGli E. I.AIrDIS aced VTRGII.I3 M. L N91S. .._si_3r:d and whose t office address is_ 11368 SUNRAY DRIVE BOINI`i'A SPRINGS. FL 3392- h ftercalled the grantee_ Grantees' SSN 314-42-6; 32306--16-9 f 2 9 1 —d t-- 4. �rti, 't ^=.Y ­i —fair >➢ d: t.riie. ro d— i x� . l rd c4 1— SKa1 av a _ ci ��i.. 4 s:.Ytu�. ­4 a.vC-s cf r.TR !'aa7 { Unrssrth: That the grantor, for and in consideration of the sum of $ T, Era h [iOi i0t7 and other valuable considerations, receipt whereof is hereby acknowledged, hereby gtants, bargains, sells, aliens, remises, releascs, conteys'a"nd total tans unto the grantee, all that certain land situate in COLLIER County, Flonda,-+ Strap No. 001 913 6000/= The Nor fh / 2 0_ t:,> East 1 2 of the West ? th e Sou- .eaS lea of.t, *Northeast I/' o{ Section 25. Tot,nsnao 48 south. Range Zit ast.. 31,,'he EH-' - =eei _ol Fubl-Rial:?. of -way Baia lava i ,b ra❑ and s:tua* :n Ce? _ =er Count•, n_otii=- SUBJF_CT TO co1itarit. �escs , ct.i ons . easetr.e_±l s ar records and tases� for the current ea,r _ THIS IS BEING RE-RECED TO.t Donmr­",y Tar Pd_ i :,4 _ lnEangb'o Ufa P �z CHHAR11E GREEN/, LEE COUNTY 0 THIS IN THE PROPER COUNTY. N 0 3 noCurttentary Stamp Tax ChSS "C" lnlanrible W Personal Property Tax CiD lTY CLERK OF COURTS Zogrt4rr with all the tenements, tiered men ant appertaining. t WIC anb to X01b, the same in fe ple lot ':N"b the grantor hereby covenants With said gran thai-rb simple; that the grantor has good right and lawful authority to sell and warrants the tide to said land and will defend the same against the ,l�`a,�u° said land is free of all encumbrances, except taxes accruing sub' u (In Pitnrss 94vrrof, the said grantor has signed a above written. Si nd delis ed ' our e: thereto belonging or in anywise lawfully seized of said land in fre land; that the grantor hereby fully all persons whomsoever; and that ,be 31,19g9 CD. 70 Lse*1 ruts the day and year first CD CD r i J 2 J Y I O W M O O O N N O N J (L M O N .Q a+ Q L) M m V Q Q Q 6M-TN--S PARTRIi� y OR TTA P- SCOT (TWO SEPARATE WITNESSES REQUIRED) STATE OF FLORIDA COUNTY OF LEE Q I HEREBY CERTIFY that on this day, before tr e, an off duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, Personally a ' red t JAMES PARTRIDGE and LOREEN D. PARTRIDGE, Husband and Wife and rt t ORPHETTA P. SCOTT, as tenants in ccainton to me known to be the person(s) described in and who executed the foregoing insttumenr and they acknowledged before me that they executed the same. WI7Tffi�6 pd and official seal in the Copaty and State last aforesaid this 1 }� " ' day of; A.D. 19 II ` PREPARED BY: D I ANA L . HOGUE Lo 1,•,t�ti \�P EXECUTIVE TITLE INSURANCE NodrrPubl,c SERVICES, INC. 4450 Bonita Beach Road, Suite 3 Packet Pg. 474 Bonita Springs, FL 33923 pDMa P,,RIC Stare cr }IY LLF.�.IESiR T_1'. Ski INSTR 6258394 OR 6132 PG 978 E—RECORDED 5/26/2022 9:12 AM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $0.70 REC $18.50 INDx $1.00 CONS $10.00 9.A.2.f Prepared by and return to: Zalman Cole, Esq. Law Office of Conrad Willkomm, P.A. 3201 Tamiami Trail Nor14, Second Floor Naples, FL 34103 239-262-5303 File Number: 22D.0900 Parcel Identification No.`40001 Above This Line For Recording -_ Warranty Deed +� ATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 19' day ' f 1 2, between Edward Dinova a/k/a Edward Arthur Dinova, a married man joined by his spouse Agnes Brown Di'ovajhose post office address is 2691 Sundance Street, Naples, FL 34120, of the County of Collier, State of Florida, gra'totc Edward Arthur Dinova and Agnes Brown Dinova, husband and wife, whose post office address is 2691 Sun danr'et, Naples, FL 34120, of the County of Collier, State of Florida, grantee*, .,s Witnesseth that said grantor, for and in consideration' ��i ,,sum of TEN AND NO/100 DOLLARS ($10,00) and other good and valuable considerations to said grantor in hand p'' hy`l i grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grata s heii nd assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: The North Half of the West half of the West Half of tS 4east Quarter of the Northeast Quarter of Section 25, Township 48 South, Range 26 East, said i s f ate lying and being in Collier County, Florida, per Deed recorded in OR Book 2260, Page 027' , ti(i ecords of Collier County, Florida. This deed has been prepared without benefit of title searchnor a amination. and said grantor does hereby fully warrant the title to said land, and will de end the same against lawful claims of all persons whomsoever. * "Grantor" and "Grantee" are used for singular or plural, as ell *Intentionally Left Blank* Packet Pg. 475 *** OR 6132 PG 979 *** 9.A.2.f In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. S Witness #1 Name: Witness #2 Name: State of Florida County of Collier The foregoing instrument was acknowledged before me by day of May, 2022 by Edward Arthur Dinova and Agnes B L - as identification [Notary Seal] EM ESIREE'A.BOISSIEREry Public - State of Floridammission p GG 906041mm. Expires Dec 17, 2023ough National Notary Assn. Warranty Deed (Statutory Form) - Page 2 Affjeo�, v (Seal) Edward Arthur Dinova Aw On } (Seal) Ag Brown Din6va physical presence or L] online notarization, this 191 ,who [j are personally known or [have produced i Notary Public "7 r Printed Name: My Commission Ea Packet Pg. 476 *** INSTR 4367563 OR 4513 PG 1991 RECORDED 11/30/2009 3:09 PM PAGES 1 *** DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $0.70 REC $10.00 CONS $0.00 9.A.2.f This Instrument Prepared By Jana Jay Malen, Esq. P.O. Box 308 Naples, FL 34106 QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this f9 ?' day o i , 2009 by Jill Eleanor House,, Ofygrced woman, first party, to Gerald Wil Ho e and Justin House, whose post office ad' r6ss '2914 Randall Circle, Naples, FL 34104, second party WITNES�9!ETH, that the said first party, for and in consideration of the sum of $10.00 OGV, in hand paid by t said second party, the receipt of which is hereby acknowledged, does hereby remise, release and.qut-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate,, ly g and being in the County of Collier, State of Florida, to wit: E South '/z of West '/z of Wei" , zOf SE %4 of NE'/4 S 25 T48S R 26E Parcel #00191440003 TO HAVE AND TO HOLD thereunto belonging or in anywise appertatn n' and and claim whatsoever of the said first party eithez`n and behoof of the second party forever., , IN WITNESS WHEREOF, the said first'rh day and year first above written. Signed, sealed and delivered in the presence,( ZJ M4,� '� cal nr-s,- L P ' ted Name Of 'tness �j��j tness Printed Name bf Witness -r with all and singular the appurtenances all the estate, right, title, interest, lien, equity law or equity, to the only proper use, benefit signed and sealed these presents the HOUSE STATE OF FLORIDA 4r ,. COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Jill Eleanor House, who is personally known by me or who provided identification in the form of , an w o acknowledged before me that s/he executed the same, in the County and State first aforesaid this c?S� day of July, 2009. �- NOTARY PUBLIC roeµ r vua� I AURA L PATNEIIU PrinteJ�oMYlf� {seal) EXPIRES: Ju�y 13i 1� �f�lFfK Rio~ BMMTlru Budget"sffi" M M O Packet Pg. 477 INSTR 5303511 OR 5305 PG 3751 E—RECORDED 8/19/2016 3:07 PM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $1,295.00 REC $18.50 CONS $185,000.00 9.A.2.f Prepared by and return to: Cheryl R Kraus Attorney at Law Cheryl R. Kraus, P.A. 1072 Goodlette Road Naples, FL 34102 239-261-7716 File Number: Pertc�`bi�k-�li Consideration: $185�74 '' Parcel Identification No. Above This Line For Recording ti Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 18th day of At Trustee of the Joyce A. Landis Revocable ' Bonita Springs, FL 34135 of the County of limited liability company whose post office State of Florida, grantee*, Witnesseth that said grantor, for and in consideratiori` good and valuable considerations to said grantor in hand 1 has granted, bargained, and sold to the said grantee, and situate, lying and being in Collier County, Florida, to -wit: between Joyce A. Landis, a single woman, individually and as a 101/25/2016 whose post office address is 25250 Papillion Drive, if Florida, grantor*, and Little Pepper Ranch, LLC, a Florida Cl 5 Sundance Street, Naples, FL 34120 of the County of Collier, of TEN AND NO/100 DOLLARS ($10.00) and other kgrantee, the receipt whereof is hereby acknowledged, and assigns forever, the following described land, A tract 628 lying in Section 25, Township 48 South, RaeEast, Collier County, Florida, and being more particularly described as follows: A trac'.0-_ in ut, Section 25, Township 48 South, Range 26 East, Collier County, Florida, and benjtiq'e particularly described as follows: Commencing at a concrete monument, being the Eer of said Section 25, thence N87- 49-16W, 655.73" along the centerline of Sundance Rd. (so called),.an a South line of the NE '/4 of said Section 25 to the POINT OF BEGINNING of the hereinafter% 'esuried Tract A-1, said point being the S.E. corner of the E '/: of the W '/z of the SE '/4 of the NE'V,;6 ,ectto 25; thence continuing along the aforesaid centerline of Sundance Rd. and the South line of thek , f Section 25; N87-49- 17W, 327.87" to the S.W. corner of the E '/z of the W '/z of the S.E. ''/4>. o 4 X '/4 of Section 25; thence along a portion of the W. line of the E'/� of the W '/: of the S.E. e�A '/4 of Section 25, N00-16-06E, 682.23"; thence 587-54-19E, 328.43" to a point on the E. line"o�'tlje. of the W '/z of the S.E. '/4 of the N.E. '/4 of Section 25; thence along a portion of the aforesaid E. #it , ,SOO-19-OOW, 682.70" to the POINT OF BEGINNING. SUBJECT to a 30" wide easemenVublic road Right -of -Way (Sundance Road), over and across the South 30" thereof. All recoi4 ed in OR 736, Page 516. ALSO SUBJECT to an easement over and across a part of the Westerly 10" of aforementioned Tract A-1. Said I0" wide easement extends from the North line of Sundance Rd. to the North line of said Tract A-l. Said 10" wide easement being for public road Right -of -Way. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever. Subject to taxes for 2016 and subsequent years; zoning, building code and other use restrictions imposed by governmental authority, restrictions, reservations and easements common to the subdivision, and all outstanding oil, gas and mineral instruments of record, if any. c m E s R Q DoubleTimeo Packet Pg. 478 *** OR 5305 PG 3752 *** 9.A.2.f Grantor warrants that at the time of this conveyance, the subject property is not the homestead of the Grantor or the Grantor's spouse or minor children within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead is 25250 Papillion Drive, Bonita Springs, Florida 34135-8845. and said grantor whomsoever. In Witness Whereof, warrant the title to said land, and will defend the same against lawful claims of all persons p rantor" and "Grantee" are used for singular or plural, as context requires. Signed, sealed and delivered in our Witness Name: C 14iMtJL K Z<;24- Witness Name: State of Florida County of Collier set grantor's hand and seal the day and year first above written. ce A. Landis, Individually and as Trustee the Joyce A. Landis Revocable Trust dated 01/25/2016 The foregoing instrument was acknowledged before me this`,110- of August, 2016 by Joyce A. Landis, Individually and as Trustee of the Joyce A. Landis Revocable Trust dated 01/ >2 ;who [_] is personally known or [X] has produced Dt-/ Pf 5 as identification. ;r [Notary Seal] Printed Name: 651'`y RSECCASLAPP My Comm *; MY COMMISSION Y FF224329 , ' EXPIRES: A nl 26, 2019 ....°= P °;,` . Bonded Thru Notary Public Underwrite,, am M O t` F4 Warranty Deed (Statutory Form) - Page 2 DoubleTimez; Packet Pg. 479 bi�,; ��'� 666 66 6 N it R 8� €€ tl-€ €Ns $ = "� � €-5a 4z���Wa II �• F. ��m€" kk�" w$ gn l ph 0 � kk��'$,. Q � !�\s _ ����=tp,a"kkk� vi U lilt" N T 3 \\ C . _ a ny p a 'O C7 > � J HII'6p Q'Bg m pp U Q�ry s Q A a o®®-mj4...®mo®sm7}® : as 5ia5�88QSQQ®..9 ea B Y $$ §§ QSg !� 1 FPm lol iwa�n3 nua nw a 4 d Z 30Z133HS 338 ❑ w�� � wy � �: IR r7 � QQeekQQ €G €dd0sa=:€ (.N ... „a,°- °a°°°°-:.°° u... ft„a. ,II°w -s ,u.:, w,., gg 10 425 i I8 §gt 8 O ZN>LL 9.A.2.f 404045 ORUIHANCF; NO.-X'�J8 'lGF 21 AN ORDINANCE AMENDING ORVINAi1C9 NO. 74-42 & NO. 75-24 RnX0VINi= .SPI'CIAL RECULATIO14S FOR (ST) AREAS OF ENVIRONMENTAL SENSITIV.1'" ON PROPERTIES 11EREIN- AFTER DESCRIHLD IN TOWNSHIP 40 SOUTH, RANGES 25 EAST, 2r: TOWNSHIP 49 SOUTH, RANGES 25 EAST, v ♦ �1 26 ET''.• 'OM'SHIP 50 SOUTH, RAt4dE3 25 EAST, 26 BAST; TOwi,:-tLP Sl SOUTH, RKNORS ifi EASTF ABDIRG A SPECIAL °j REGULATIONS FOR'(ST) AREAS OF ENVIRONMENTAL SENSITIVITY ON PROPERTY HEREINAFTER DESCRXBED IN TOWNSHIP 46 SOUTH, MANCES 25 EAST, 26 EAST; TOWNSHIP 49 SOUTH, RANGES 25 Ot i EAST, 26 EASTS TO%MSHIP 50 SOUTH, RANGES 25 EAST, 26 " o+y F.ASTF TOWNSHIP 51 SOUTH, RANGE 26 EAST AND PROVIDING r5 AN EFFECTIVE DATES W11RRhAS, THY COASTAL AREA PLANNING COMMISSION OF COI,LISR COUNTY, FLORIDA# PETITIONED THY, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO A2-W.?40 THE AREAS OF ENVIRONMENTAL SENSITIVITY (ST) AS HRREINAFTER DESCRI)IED. NOW, THEREFORE HE IT ORDAINED BY TH4 HOARD OF COUNTY COMMISSIONERS OF COLLIY:R COUNTY, FLORIDA. SECTION ONE- 1. The Areas of Environmental Sensitivity (ST) are adjusted as hereinafter described and the Official Zoning Atlas deacribed in ordinance No. 74--42 and 75-24 is hereby amended accordingly; The following hereinbelow described properties are to he removed from "ST" Special Treatment Area of Enrivonmental Sensitivityi Commencing at the Northwest corner of -Section 5, Township 48 South, Racier 25. East run South 501.to P.O.R. East 4001, South 220', East 960t, South 0633tE 3501 South 300331 East for 346.41, South 59027t West for 10501, South 7901, East 20401, South 30601 to South line of said section, West 27601 along said section line, north 521.0' along West line of said section to P.Q.B. Commencing at the Northwest corner of Section 8, Township 4$ South, Range 2S East, as P.o.B.' Run East 17601 along North line of said section, South 1380t East 7001, South 2680:•, East 680t•p Sou 125,1, West 41701, along South line of said section, o', along West line of said section to P.0-t1% 4�. 4 - � Cav=ncing at Northwest corner of Section•9, Township Sovxh�' nge " 25 East, run Sofith1280t along West line of said sects E �OOt`to' P.O.B. East 8101, South 140t, East 300', South 1251, t20, Muth '. Ff:s 3004, West 4751, South 1501, went 8501,.North 700' tow o.Hw rM. ..:..:-...Commencing at northwest corner of. Section 10, TownshiW is ALth, :',`_• Range 25 East, run Seat 90o', along Worth section line tv P_0.8. East 1790' South 221000 Southwest 1690' parallel to and at w ➢ distance of 3701 from present US-41, West 675', earth 1100** sue- hest 250', North 504', west°375', North 6704, East 160t. North `f 4401, Fiat 3701, North 9401 to P.O.B. ski; .� � iY' • � � Order: 5836135 Page 1 of 28 Requested Doc: FLCOLL:638-00321 bsUohn, Printed: 1/2012022 2:52 PM Packet Pg. 482 9.A.2.f R � [ w ■ 8 � amp Commencing at the Southeast vu, for of Section 10, Towntitjxp 48 South, t Ha25 Fast, run north 310' Hest 400', South 3101, East 400', to P.Q.Ii'.: . ; . I![ 638 PoF 22 Commencing aL Southwest corner of Section 11, Township 48 South, Itange 25 Enst, run North 250', L•nrst 400', North 1201, East 1501, North 6001, East 6001, South 650", East 250', South 380', Wrist 1400 along section line to P.O.H. Commencing at Northwest corner of Section 11, 'township 48 South, Range 25 East run East 1150' to P.O.B. E I2501, South 13001, East 2004, South 300', bast 3501, South 2501, East r201, North 2201, Bast 5301, South 1501, East 2701,8auth 4001, East 1001, South 17001, West 7301, . south 200', Hest 620', North 450', East 3001, North 960', West 2701, North 5501, West 660', North 2201, Nest 150', North 1501, ►pest 150'r North 2001, West 2201, North 1801, West 1601, North 6001, West 660', North 780' to P.O.B. Commencing at Southwest corner of Section 12, Township 48 South, Range' 25 East, run North 132V , East 250' to P.0,b. North 95W , East 11008, South 9501, best 1100' to P.O.B. . Commencing at Southeast corner of Section 12, Township 48 South, Range 25 Bast, run Rent 15001, aionq South section line, North 660: to P.O_3 West 660', North 220', West 2001, North 6601, East 850', South 9501, , to P.0.n. Commencing at"Southeast corner of Section 12, Township 48 South, Range 25 East, run North 950', West 300' to Y.O.B. West 66011■ North 5001, East 6601, South 500' to F.D.B. Co-manc-Ing at Northeast corner of'Seetion • n 12, Township 48 South, Range; 25 Bast, run south 18504 to P.O.B. Nest 701, South I001, West 1201, South 850', East 2201, North 1501, East 701, North 8201 to P.O.B. Commencing at Northwest corner of Section 14$ Township 48 South. Range 25 East, run East 14501, South 150', West 10001 South 2$010 West 310t, South 6801, East 3001, South 590', West 3000, South 544'; Crest 1201, North 23001, along West line of said P.O.H. r- Commencing at Northeast corner of Section; 15, Township 48 South, AanyR; 25 East, run Most 330', South 290', west 420', South 890',. last 340', ` South 4401, East I901, South 1701, West 185', South 130s, fleet 1000, South 170'-, West 3501, South 11301, Nest 3001, South 5902, last 670`, North 9901, ?Bast 3501, North 4001, East 140' North 2420' to P.D.B> Commencing at Southeast corner of Section 15,'Township 48 Soutn, Range 25 East, run West along South section line 2650' to North 2301, West 1340:,,South 2301, East 1340' to P.C.A. Commencing at Northeast corner of Section 21, Township 48 6•2uth,•• Range 25 East, run South 6501, West 20020 to P,O,B. Went 4'10', North 660',.west 4830' along the north line of said section, South 20301, East 27301, South 1180', East 10361, North 14701, 75Q'in an easterly direction alagg-bulkhead line as recorded in Rulkhead Line Plat Book 1, Page 16■ East 250', North 701, East 6701, *forth 11609 toltp.0_R. Commencing at Northeast corner df Section 22, Township 48 8onth, Range 25 East, run South 5851, thence run Neat 2635s, thence run North 3401,'thence run 'feet 1350', thence run Pouth 370w, thence run ?lest 2900, thence run South 6801, thence run Xart 6704, then run South 31W , thence run Pant 670', thence run South ce 36n'■ ther3 run East 7001■ thence run South 3601, thence run,East 4001, thence run South 15601,-alon4; the westerly right-of-way'lins of Seaborrp Coastline Railrvad,tthence ?run West 3001, thence run Borth 6001 , thence run hest 970','thenr* zun North 320', then run (lest 760.1, thence run North 380'-, thence run West 3801, thence can worth 390+0 thence run Heat 2701, thence run North 3601, thence run Hest 160', thence run North 3901, thence run along the North b*undary of Palm River Shores ?Fiat Book 3-27j' to west Line of said section, thence run North 10401, thence run East 280`, thence run North 650', thence run East 4990' along North line of said section to P.O.H. y. Order: 5836135 Page 2 of 28 Doc: FLCOLL:638-00021 Requested By: ibstlohn, Printed: 1 2II 2022 2:52 PM Packet Pg. 483 9.A.2.f f !.06fIF k if f 638 PAGE- 23 Commanci.ng at NorLhwest corner. of Section 25,rownship 48 South, Rangy 25 Nast, run 1:a6t. 51o' , south 160' to 1'.o.n. Batt 500 South 2801, East 3701, South 4101, West 3501. Nurth 1801, wont 5201, North 5101.to P.O.B. 0 Commencing at the Northeast corner of Section 26, 'township 48 a South, Range 25 East, run South 380', Best 150', to P.O.H. run South 130', West 1210', North 1050', East 8901, South'130', East � 330' to P.O.H. Commencing at Southeast corner of Section 26, Township 48 South LU Range 25 East, run West 18001, North 8701; to Y.O.B. West 8901 � �iorth 630', East 090', South 6301, to P.O.B. > [Commencing at Southwest corner of S€ction 27, Township 48 South, J Range 25 East, run North 13001, East 500' to P.O.B. North 17001, 2 East 1160', South 1.700', ;test iloo' to P.O.B. Commenting at Southeast corner of Section 34, Township 48 South, 1; Range 25 East, run North 16001,-West 1401, North 3801, West 1501, C North 400', West 340', South 9001, East 1001, South 5404, Bast M 100t■ South 320', 'East 1501, South 5801, Fast 2501, to P.O.fa. oc Commencing at Southeast corner of Section 35, Township 48 South, 04 Range 25 East, run West 100', B.Q.S. North 820', West 150', North N 2601,Wgst 1501, North 1901, West 630*, South 570'., East 250', South N 19.01, Bast 1901, South 200', East 200', South 190', East 180', South J lot" East 160, to P.O.B. d Commencing at Southwest corner of Section 35,'Township 48 South, M Range 25 East, run North 1620', East 130', South 4101, East 520',. ti South 1901, Eant 720', South 10351, West 1320' to P.O.B. CV commenci.ng'at Northeast corner of &cation 1, Township 49 South, Range ;. 25 East,- run South 22201, to P.O.D. West 140', South 5901, Eajst 740$, L North 5901, to P.O.B. d M Commencing at Northwest corner of Section 2, Township 49 South, Range � 25 Bant run East 13001, South 5601, West 3801, South 2301, West 190', Q South 1630', East 1101, South 10801, East 530', South 350', Bast South 3901, Rest 5001, South I20', best 59011, North 3101, ►teat 220',' v North 16201, West 150', North 1680', west 2801, North 5401, P.C.B. ca Commencing at Southwest corner of Section 12, Township 49 South, +� Range 25 East, run East 1001, North 720', to P.O.B. East 750', South; M pqQ', East ggQ', Forth 6501, E} 'East 130", North 900', We 200'south 198' v ND=! Heat South 4901, West 2401, North 490'■ West 380', South a 114' , Hest 32:1;, South 3202, West 1501, South 570' to P,O.B: Q ` Q Co=ersciag et southwest corner oZ soctf.on. 13, Totli�-i3t;,7 49 South, tgnpe'' 25 Fast, run East 790' to P.O.B. North 4801, West 4001, north 4101" 'O West 2601, to right-af-way S-31, North 390', along East right-of:zz C Iirie 5-31, East 5001, North 2701, East 3304, North 3001, Seat 5201,.::� a1 North 170', East 4006, North 5101, Bast 1501, North 3501, East 600fl South 4701, East 0401, South 13001, West 7201, South 470'. hest 9201, South 5001, west 3404, South 501, West 7801 i along South lin.0 F'. of said'section to P.O.B. Q conmtencing at Southwest corner of Section.14, Township 49 South, - Range 25 Bast, run North 550' to 11.0.0.•East 80', Worth 7109, $act. C 150', North 1906, East 600', Soszth 801, East 970', North'120',• Nast 9II01, North 1101, Nest 8001, South 90;,'West 1301, South 950', along West line of said section to P.O.B. 'r: v COMMencing at So6thoant corner of Section 15i Township 49 South, Q ? Range 25 East, run Morth.20' to P.O.D. West 10201, North 701, #' Ust 470', North 6901, Enst 1501, North 3001, East 150', north 320', Last 2601, booth 1390' to P.O.B. Order: 5836135 Page 3 of 28 Requested By: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:538-00021 Packet Pg. 484 9.A.2.f AM W. 638 PAGE Z4 Comme'neinq at Northeast turner of Snotion 22., Township 49 South, Range•. 25 HaO., run West 10201, South 2.401, Pant 3701, South 4101, XscL 300', South 2501, Edit 1001, South 746', West 2801, South 1290" Wctst 14601, South 8341,-West 3501, South 530', Bast 2801, � South 1501, taut 990', South 3201, East 6604,' South 440%, East 5501, North shiny Kent unction line to i'.O.n. Commencing e►t 8outhoast corner of Section 22, Township 49 South, Range 25ie►Ht■ run West 13101, North 20' to P.O.H. North 1401, West 340', South 60', West 220', South 801, East 560, to P.O.B. Commencing at Northwest corner of Section 24, Township 49 South, Range 25 Bast, run Sant 7901, to P.O.H. South 3401, East 79011, North 3401, west 700' to P.0.8. Commencing at Southeast corner of Section 25. p{ownship 49 South, Range 25 Past, run North 3301, Nest 70C', to P.O.R. North 5601, West 170', North 120', Hest 3301, North 1201, West 2601, Uorth 1801, West 3201, North 3001, West 3201, South 7401, nest 580', South 850', East 2000' to Y.O.B. Commencing at Northwont corner of Section 26. Township 49 South, Range 25 East, run E:aut 3201, South 11201. East 790', South 6201, West 2401, South 790', went 500', south 10201, West 400', North along West line of said section to P.O.D. Commencing at Southwest corner of Section 25, Township 49 South, Range 25 East, run East 12001, North 2380' to P.O.B. North 2204, East 3301, South 2201, West 330' to P.U.B. Commencing at Northeast corner of Section 26, Township 49 South, Range 25 East, run hest 13401, South 701, to P.G.B. west 5901, South 2501,-Went 620', South 4501, East 750', South 2401, East 4601, North 9401, to P.O.B. Commencing at Northeast corner of Section 27, Township 49 South. Range 25 East, run South 30' to P.O.B. West 9601, South 7300i East•1201, South 2601, East 2001, South 4001, East 1701, South ' 920',-West 1401, South 14901, West 1901, South 3901, Rest 2504, South 10501, West 2801, South 801, East 10301, North 2801, E3ast 1001, North 4801, East 1801, North 2001, East 150', North 130', East 901, North 42401, along East section line to P.O.S. Commencing at Northeast corner of Section 27, Township 49 South, Range 25 Aast run West 13601to P.C.B. hest 580', South 5601, East 1001,South 2401, East 250', North 240', "at 240', North 560, to P.O.B. Commencing at Northeast corner of Section 27, Township 49 South Range 25 East, run West 11501, South 10201, to P.O.D. Nest 4101, South 2701, West 1701, South 6001, East 5701. 'north 860'-to P.O.D.' Commencing at Northeast corner of Section 34, Township 40.South, Range 25 East, run West 15008, to P.O.B. South 13601,,dst 360', South 2101, West 2001, South 10501, East to a point on Most bank of Gordon River, follow Southerly the meander of Cordon lover to a point at the Naples City Limits, East 590'-along Naples City ? `<' Li►aits,to East line of said .section. North 2150' along East line of said section, Rest 6001 'North'S70""'.7-2iat 1001, North 7001, ;•:: East 1001, North 4901, West 1020' along North section line to ' p.O.H. ` Comwncing at the HotthWest corner of Section 7, Township 48 South, Range 26 East run Southerly 1360' along East section line to P.Q.D. then East 740', South 140,, East 1801, South 1401,E3ast 140e,'gdnlb'300z, Nest 4001,.South 2001, West 2201, ;Forth 780' along West section line r: to P.O.B.. Commencing At NVroeast corner of Section 7, Township 48 South, Prange 26 East, run South 1400' along East section line then hest 1790' to P.O.R. Then run West 5801, South 2401, Weat 320', South 6001,-East 4401, South 2601, Bast 4801, North 1100' to P.Q.8. r . Order: 5836135 Page 4 of 28 Doe: FLCOLL:638-00021 Requested By: hstjohn, Prinked: 1 20 2022 2:52 PM Packet Pg. 485 9.A.2.f I Pal cninh.:�nc_ing at Northeast corner of: Section 7, Township 48 South,. Range. 26 South, run Southerly 3100' along East roction line to P.0.8, then run tier 340', North 6401, WerL 3401, spuih 2401, -- West 5001, 'South 92.0', East 340', South 420', East 320', South 3201, East 5001, North 12401, i16rtg East section lime to P.O.B. { Commencing at Southwest Corner of Section 7, Township 48 South, Range 26 East, run Easterly 2480' to P,O.B., then run North 1601, West 1801, North 3001, Cast 9601, South••4601, West 780' along South section line to P.O.B. 1 Commencing at Northeast corner of Section 8, Township 48 South, Ranee 26 East,run Westerly 1580' along north section line to P.O.H.; then run West 1460' along Section line, South 3401, East 4801, South 4401, Ra&t 9801, North 7901, to P.D.H. Commencing at Southwest corner of Section 9■ Township 48 South,' Range 26 East, run East. 2201, along South section line to P.O.H. Thcn:•irun North 3601, East 2401, North 2001, East 5801; South 5601, West 820', along South section line to P.O.P. Commencing at southeast corner of Section 10, Township 48 South, Range 26 East, run Northerly 2080' along East section line then West 8601, South 420', Nest 560', South 6B0'; West $201, South 6401, East 12601, South 11401, East 940' along South section line to P.D.S. Commencing at Northwest corner of Section 11, Township 48 South, Range 26 East, run southerly 2400' along West section line to P.D.H., thence East 11601,- North 4201, East 6601, North 560sr Rest 17401, North 1601, East 4601, North 2801, East 5001, North 140'■ E48t 200', North 2001, East 640' to a point on the East lino of Section 11, then Southerly to the Southeast corner of asid Section then WesterlY with the South line of said section r r to the Southwest corner, the NortAerly along the Hest Line of said section to B.D.A. Commencing at Northwest corner of'Section 13, Township 48 South, Range 36 East, run South 2480'along West section line, 7401, South 460 , Bast 2001, South 3001, East 3001, Worth 5201, Bast 3401, South 1401, Fast 2801, South 1401, East 8401, North 1380', East 1B400, South 2401, East 7801, North 1900' along Bast section line then Wcst along North section line to the P.O.B. Commencing at Southwest corner of Section 13, Township 48 South,' Range 26 B. Run easterly 650' along South section line to P.O.B., than North 14001, East 3401, North 2401, East 380', South 12001, East. 1601, South 2601, East 2601, South 1401, West 1160' along South section line to Y.D.B. Cownencing at Southeast corner of Section 13', Township 48 South, Range 76 Fast, run Westerly 2270' along South Section line to P.O.R.i then run North 400r, West 801, North 1401, Ifest 60', North 6600, Nest $801, South 10801, East 500', South 16011,.East• 240', along South Section line to P.O.B. Commencing at Northwest corner of Section 14, Township 48' South, , :`i Range 26 Bast, run East 200' along North section lire, South 3000, west 2001-, North 3001, along Nest section line- to P.�.$.'. Coasaancing at the Northwest corner of Section 14.' Township- 48 'South# , , Range 26,Xast, run easterly 1560' along North section line -to P.Q-R: ' r, Easterly along North section line to Northeast, corner, run South- 24901 along that section line, West 2201, North 2001-■ West 900, South 23001, Nest 5001, North 2009, hest 2401, North 200', Nest 2601, North 2601, Nast 2601, North BOG', East 140', North 2201, Rant.330', Worth 320", host 830', Borth 11041, Nest 4601, North �. 340', Bast 4001, North 1160r, to P.a.a. '1f1= ..�.... .i �J k�Y.MW tii.J :w4.afw.�-..r.+. �� __ -- L.+•4�.My,w. ' i�.i:w� �-wri ....,ic... .. .�.. .r:.i1. ..��l�a��L•�. ... ''�'l if•Y'•, Order: 5836135 Doc: FLCOLL:638-00021 Page 5 of 28 Requested 6y: bsUohn, Printed: 1/20/2022 2.52 PM Packet Pg. 486 9.A.2.f 9f Ras 26 CQ"Ilencing at the santhanst corner of Secti-on 14, Township 48-Southr Raiigo Eaat, run westerly 2300' along South section line to + F.O.11. North 3001, 'Vest 500'r South 3001, Eant 500, along South .Viva line to !'.O.A. Commencing at NorthonsL corner, of Section 15, Township 48 South, Rango 26 &%EL, run Westerly 940' along North section line, South 4000, Kant 9401, North 400' along Knit section line to Y.O.B. Commencing at Northwest corner of suction 16, Township 48 South, Rango 26 East, run easterly 24R' alon0 North section line to P.O H. Then run Toast 62n', along North section line, South 1201, West �+ 820', North 120' to P.O.B. ... Comasunci.ny At HorthwenL corner of Section 17, ToWnship 48 south,, Range 26 En%t, run Southerly 1400' along bleat section line to P.O.B. East 2801, North 5001, East 470', South 880', Bast 4101, South 4001, 1~sinL 1401, South 2001, West 4101, 'North 1101, West 6201, South 100', West 2801, North 1000' along Went section lino to P.O.R. Commencing at Southwest corner of Section 18, Township 48 South, Range 26 Nast, run North 1060' along West section line, East 14201, South 18D', East 2701, South 4701, West 270'■ South 2000, West 200', South 2001, West 11201, along South section line to P.O.n. Commencing at Northeast corner of Section 18, Township 48 South, W Range 26 East, run southerly 1400' along East section line to P.O.B., Hest 9501, South 5501, East 820'■ South 4301, Bast 1301, North 1000' along East section line to P.O.B. Commencing at Northeast corner of Section 19, Township 48 South, Range 26 East, run southerly 2350' along East section line, Nast 2500' to P.O.B., West. 3201, North 1601, west 7204, South 160', Best 3201, South 15801, East 210, North 4501, East 6601, North 5D06, West 1201, North 66D' to P.O.B. Commencing at Northeast corner of Section 19, Township 48 South, Range 26 East, run southerly 1660' along Fast section line, west 12201, to P.O.n., West 11601, South 5001, East 11601, North 500'. to P.O.B. Commencing at Northeast corner of Section 19, Township •48 South, Range 26 East, run southerly 600' along East section line to P.0.9., west 5801, south 6001, East 5801, Borth 6001, to P.O.B. Commencing at Northeast corner of Section 21, Towashiy, 48 South, Rango 26 East, run westerly 1060' along North section line to P.O.B., South 4801, west 5301, North 1201, west 210, North 350', East 75D', along North section Line to P.O.H. Commencing at Northeast corner of Section 21■ Township 48 South„ Range 26 East, run southerly 920' slang section Line-, westerly 940' to P.N.H. west 6101, south 1601, West 7401, south 7001. e East 1801, South 901, East 6201, North 280', Fast 3001, Borth 2801, East 2401, North 380' to P.O.B. Commencing at Southeast corner of Section 21, Township 48 South, ;r Range 26 East, run ,northerly 1360' to P.O.B. West 2801, South z= 1101, west 5501, South 110r, West.550', North 3501, Ease 2101, ftrt ,:v. 1401, East 4201, North 2001, Vast 7501, South 440' along Nast sectim line to,P.O.H: Order: 5B36135 Page 6 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 487 9.A.2.f U, 6'38 Pia 27 Commencinq at: Northeast corner of Section 23, Township 48 South, Rwncia 2G i ilNt, run WC8tVrly 2100' along North section line to P.o-n., South 12701, West 5401, North 7501, West 17.0',North 490' Nast 6601, along North seotion line to Commencing at. Northeast corner of Section 23, TOWYLship 48 South, Range 26 East, run westerly )620' along North section lino, southerly 10401, to P.D.B. Went 470', South 850'0 Cant 3101. South 2501, East 1301, south 210', East 7101, North 290', West 1501, North 3801, west 1601, North 2501, 'Mast 1609, North 2401, West 2061, North 1501.to P.D.B. Commencing at Northeast corner of Section 23, Township 48 South, Range 26 East, run westerly 1220' along North section line, southerly 16901, to P.O.$ Cast 5601, South 5001, West 5601, North ^' 500, to P.O.B. + Commencing at Northeast corner of Section 23, Township 48 South, Range 26 rant, run southerly 260' to P.D.B. Waft 6401, South 10201, East 320', South 4901, East 1401, South 8201, East..170', North 2340 along eastern section line to P.O.B. Commencing at Northwest corner of section 24, Township 48 South, Range 26 East, run easterly 660' along North section line to P.O.B. East 1140' along North section line South 100', East 920', North I6D', East 2701, along North section line, South 180' West l60' South 130`,'ls'ast 1401, South: 50',ggSt 130`.,. Scutt 500+, has 150', South 280', Ea6t.3401, South 280, i?eAt I. 3001, South 1020`, West 7501, North 1184' West 430', South 7101, West 1050'. North 4801, West 150', North 1701, West 4501, South-290',^~ West 470', North 23200, &long West section line, East 6609,North 260' to P,0.8, s Commencing at Northeast corner of Section 24, Township 48 South, Range 26 East, run wenterly 760' along North section line to P.D.B. south 10801, West 8701, North 1080', East 870' to P.D.B. Commencing at southwest corner of Section 25, Township 48 South, - Range 26 East, run easterly 300', along -South section line, North 220 to P.D.B. North 3201, East 2501, North 4301, East 4901, South 550', East 120', S0131h 210', West 900' to P.O.B. Commencing at southeast corner of Section 27, Township 48 South, Range 26 East, run westerly 1070' along South section line to P.D.R. North 450', West 2501, North 580', Rast 1201, North 1101, East 10601, North 3601. Nest 380.', North 1101; West 3401■ North 1401, West 1801, South 1401, West 1701, South 1601, West 100T, South 2001, West 300', south 1170', East 570! to P.Q.B. Commencing'et Southeast corner df Section 28, Township 48 South, Range 26 East run westerly 32401 along South section line, northerly 1040' to P.O.B. west 434' North 1601, West 2001, North 2106, Nest 2201, North 56010 East 8501, South 930' to P.O.B. Commencing -at Southeast corner of Section 28,Township 48 South, Range 26 Hast,.run westerly 840' along south section line to P.o.B. West 90o,, along south section line North 340', East 90014 South 340' to P.D.S. carimen6ing at Northwest corner of Section 30, Toimshi,p 48 .South, Range 26 East, run South 350', to P.o.B. East 380`; South 330`, East 3701, South 5904, East 3801, South 1801, East 4401, South 2300, East 2401, South 1801, East 1101., South 4401, hest 9201, worth 12010, West 4901, North 370',•'West 470*, North 14601 to F.O.B. Commencing at Northeast corner of'Section 30, Tmmship 48 South, Range 26 East., run south 20001, 'West 650' to P.D.B. South 4000, West 4201, North 400', East d20', to P.U.B. Order: 5835135 DOC: FLCOLL:538-00021 l I Page 7 of 28 Requested By: bMohn, Printed: 1/20/2022 2:52 PM Packet Pg. 488 i 9.A.2.f E_ � COMMrrncing at Northeast corner of Section 33, TownWiiN 48 South, Range 2G Fant run wcsterly 840' along North section line to 1',O.B. South 3601, SVcFst 8101, Worth 360', Y,as,t 8801, along North section line to 11.0.11. Commonci.ng at Northeast corner of Section 35, Township 48 South, Range 26 Past, run Westerly 2120' to P.O.A. South 3601, West MK, North 2201, West 17604, North 120', Must• 21201, along It section line to P,O.H. Commencing,ht Northeast corner of Section 35, Township 48 South, Range 26 East, run South 650' West 501, Noi'th 1201, West 3101, North 2101, West 4201, North 3201, East 7901, along North line of'aaid section to P.o.B: Commencing at Northwest corner of Section 36, Township 48 South, Range 26 East, run East 240' along North section line, South 6101, West 2401, North 610' along Wust section lino to P.O.B. commencing at Southwest corner of Section 2, Township 49 South, Range 26 (Golden Gate Unit 3) run East 1001, North 501yo P.O.B. East 6401, North 8401, west 1901, North 2001, West. 450', South. 10401.•to P.O.S. Commencing at Northeast corner of.Section 3, Township 49 South, Range 26 East, run 2160' South along the section line, West 31401'to P,O.B. North 1201,.Weet 6001, Smith 4001, East 530', North 1401, East 701. North 140' to: P.O.R. -Commencing at 1ortheast-corner of Soct•ion 3, Township 49-South,.,..__._.. Range 26 East, runrSonth 3480' along the section line, West 100', to P.O.B. North 1601, West 4201, South 4901, East 4201, North 330' to P.R.B. commencing at Southeast corner of Section 3, Township 49 South, Range 26 East, run 1280'West along the section line to P.O.'B. North 4801,-West 140', North 120', liest 11601, Barth 4001, (Vest 1180', South 6209, East 6601, South 1601, East 5001, South 6011y East 2401, South 1601, East. 1070' to P.O.B. Commencing at Southeast corner of section 4, Township 49 South, Range 26 East (Golden Gate Unit 95) West 310' to P.0.8. North 1201, Went.6201, South 1401, East 620' to P.O.B. Commencing at SW corner of Section 7■ Township 49 South, DAMge . 26 E. (Golden Gate Unit 35) ran East 800' to P.Q.B. North 701, Last 2101, North 12201, East 6601, South 1300', 880' westerly alonrl the section line to P.O.R. Commencing at Southeast corner of Section 7, Township 49 South,, Range 26 East, run West 550', along section line, North 570 %. East 5501, South 5201, along section line to P.O.B. Commencing at Northwest corner of Section 13, Township 49.South, Rango'26 (Golden Gate Unit 15) run Last 740' along 'North line of said section to P.0.8. Easterly 1270' along Section line, Y South 200', East 660', South 3001, East 6601, North 580', Beep 12601, along Worth line of said section, South 13000, West 74810, '• y Routh 5201, Nest 5600, South 3001, West 6801, South 4001, West 5001, Worth 700*; East 440', North 9001, West 4601, North 2001, r=� West•260'., South 760', west 6401, South 9401, Fast 460'.,IROrth. ..: 3001, West 2000, North.766', East 24010 North 13601, to P.o.g. Commencing at Southwest corner of Section 13, Township 49 South, , Range 26 Bast, run easterly 2001, along section line to P.0.9. North 1120', East 5004, South 11201, Heat 500' along South lim' a. of said section to 8.0.5. ..1�.y ;.� .���f. �. 1..;,1: ± t}',.��'•;:�.i.1�..::, may: il.... v.._._..... ., i... Order:5836135 Doc: FLCOLL:63B-00021 Page 8 of 28 Requested BY: bsJohn, Printed: 1/20/2022 2:52 PM Packet Pg. 489 9.A.2.f its fi3$ Pat 29 COMMMICirJ AL SOnL•hWlst corner of section 1-3, 'rownizhip 49 Routh, Rnngc-. 26 (last, run West 600' a1011gf SoOM lino of naid Suc:tion,- North 700' to P.o.n. WCuL 880', NorL•h 17.40', llant 800', south 1240' to I1,0.11. Commencing at Northeast corner of Section 14, Township 49 South, Range 26 East (North portion of. Goldun Gate unit: 27) run East 11601, along North lino of said section to P.o.n. West lobo' along North line of said section, south 6201, 10601, North 6206to P.O,B. Commencing at Southwest corner of Section 14, Township 49 South, Range 26 East, run easterly 4409 along section lino to P.0.0. North 1601, Wost 3801, North 6401, East 11601, South 350', East 2801, South 3601, East 2601, South 801, West 13401.along South line of said nection to P.O.B. Commencing at SouthwL t corner of Section 14, Township 49 South, Range 26 East, run East 2210' along South line of said section to P.O.B. North 601, East 5001, North 4001, ]tact 6001, North 7401, East 550', South 9201, West 2701, South 240', West 2801, South 409, Westerly 1140' along section line to P.O.B. Commencing at Southeast corner of Section 15, Township 49 South, Mange 26 East (Golden Gate Unit 26) run North 400' along East line of said section, West 1280' to P.O.n. North 5001, Cast 4001, North 1200', West 2401, North 3009, West 2401, North 1401, West 11001, South 10001, West 3301, North 500', West 1100', South 4501, West 2001, South 7101, East 3601, South 5001, East 23409 to P.O.S. Commencing at Northwest corner of Section 26, Fownsh�'p 49 Soutar,, Range 26 East (Golden Gate unit 341 run East 7469.a,long North line of said section to P.O.B. South 6409, East 720}, North 64Q'f West 7201, along Nor'th'line of said section to P.O.B. Commencing at Southeast corner of Section 16, Township 49 South, Range 26 East run North 10409 along East line of said seetton, West 7409, to P.O,H. North 8601, West 14801, South 06011, East 1480' to P.O.B. Commencing at Northwest corner of Section 17, Township 49 South, Range 26 East (Golden Gate Unit 33) run Easterly 15409 along th+a section line to P.O.B. East 1.160', South 5800, West 11fi0', Borth 560, to P.O.9. C. Commencing at Northeast corner of Section 17, Township 49 South, 26 East run westerl 920' alon the section line to P.O.B. Range , y g South 19401, West 11401, North 1940', Easterly 11409 along section line to P.O.B. =' ...CtM mencing at Northeast corner of Section 18, Township 49 South, R.-ngp 26 East, run westerly 450' along the section line, South 1201, West 6909, South 560', West 2201, South 6601,,Ealst 5801, North 3001, East 1309, north 1801,, Bast 1801, North 2801, East 2401, North 3s0', East ISO', North 160' to P.D.B. , i Commencing at Northwest corner of Section 20, Township 49 South, Range 26 East (Golden Gate'unA 31) run East 7209 along North '-° line of said section, South 1520' to P.O.B. Cast 24'01, North .% 200', East 2209, North 4409, East A?n*, South 5409f-Pleat 1401, South 300' ■ %lest 940' , North 2401, to P.O.B. '. Commencing -at Southwest corner of Section 20, Township 49 South, 1r Range 26 East, 7run East 1110' along South section line■ forth 1400', to 8.0.8. East 440',llorth 510', West 4401, South 610' to Order: 5836135 Page 9 of 28 Requested By: b5tjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 490 9.A.2.f Commencing at Northwest cornea, of Runge 26 East, run castcr.ly 4401, South 380, Rust 4801, south 340w, North 1601, Eiwawt 6201, North 1601, North 2401, East 3401, North 4601, line, South 4301, Wept 4401, North section line to P.O.B. ji 638 tim Section 23, Townsship 49 neut}1, along the wsec3:£on line. Lo meat 2001, "uLh 4201, Fast 7401, Rwtct 6001, North 1801, Vault 320' westerly 1140' along the suction 4201, westerly 1340' along the commencing at Northeast corner of Section 24,Tdwnship 49 South,. Range 26 Fast, run West 960' along North section line, south 3401, Hest 3201, South 15201, East 0801, North 3001, East 3601, North 1580T, along East line of said soction to P.O.B. Commencing at Northeast coiner of Section 24, Township, 49 South, Range 26 East, run South 279014ilong East section line to P.O.B. West 9401, South 600', nest 4401, South 2001, East 3004, South 3001, East 1401, north 12001, along fast section line to P.O.B. Commencing at Southwest corner of Section 24, 'Township 44 South, 1 Range 26 Nast, run eanterly 430' along the section line to P.Q.$. North 3601, East 8001, South 1601, East 4001, South 140`, westerly-.1200' along the section line to P.O.B. Commencing at northwest corner of Section 25, Township 49 South, Range 26 East, run easterly 16201 along North section line, South 11401, West 1610, northerly 1060' along West line of said section to P.p.B. Comtaeneing at Northwest corner of Section 25, Township'49 South, Range 26 Rast, run easterly 22801 along North section line, South 9001 to P.O.B. East 8401, South 6801, Hest 8409, North 64WO. to P.D.E. Commencing at Northwest corner of Section 25; Township 49 South, . . Range 26 Eaet run southerly 3480' along hest section line to e P.Q.B. East 2601, North 1401, East 7601, South 3901, Nest 5501, South 440, Hest 4601, northerly 700' along West line of said section to P.O.B. Commencing at the Northeast corner of Section 26, Township 49 S., Range 26 East {Golden Gate Unit 28) run southerly 34801 along East line of said section to P.O.B. west 160', South 140:, West 1804, south 5601, East 3401, Northerly 7001 along East "A line of said section to P.O.B. W=encing at Southeast corner of Section 29, Township 49 South, :- Range 26 East (Golden Gate Unit 30) run westerly 21401'aior South section line, North 601 to P.O.B. West 6401, North 141) East 440", North 3601, East 900=, North 2401, East 70011, South 6101, Nast 4501, South 5401, West 14901. South 5201, hest 3601, .. South 3801, to P.O.B. Commaencing at Southwest corner of Section 30, Township 49 South, Range 26 East {Golden Gate Unit 29j run easterly 660", along South - line of said section, North.7401, East 3901, North 1601, East 160" , North, 360' ,. West 4801, South 1801 , Nest 740' , southerly 1060' along hest section line to P.O.B. Ccmmenci:ng at Southwest corner of Section 30, 9bwnshfp 49 South, ..•-:'' .Rgpge 26 East, run northerly 22001.along West station line, East ' 1100`tto P.O.B. East 880l, North 180', East 340', Borth 100*.,:. Bast•3001, Borth 3200, .East 2201, North-9401, (test 3301i north 2401, ]lest 490', North 12O', heat 640T, South 980=, Nest 290*. South 9201;to P.O.B. C X mencing at Nortt}sast corner of Section 32, Township 49 South,''' Range 26 Bast run Westerly 960' along North•sectiton line, South .2001 to P.O.B. Nest 740=, South 420*, Nest 3601, South 540*, Nest 440s, South 560t, East 580t, North 1401, East 4401, North•560`, East 5401, North 600' t6 P.O.B. .... _ . _,...� ... _........... ........ ......... . _ ... - - ................ ............ .,........... Order: 5836135 L Page 10 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:63.8-00021 Packet Pg. 491 9.A.2.f E 38 tit Comm^.sscinq at ti()r. thc.sut corner. of Section 32., Township 49 South, Hange 26 Rant run westerly 29001, along !North section line, South 1360' to A.001. West 3801, :south? 140', V-- k 30a', South 1401,' West 180', South 160', West IW , South 2001, West 3201, South 900'■ Last 460', North 180'. East 3001, (North 4401, F.ant 2806, North 2401, HAst 1601, North 1601, Fast 140', North 5001 to P.O.D. Commencing at Southeast corner of Section 33, Township 49 South, Range 26 Fast run westerly 700' along section line, North 0601 to F.O.B. (Nast 4801, North 4301, Fast 4801, South 4301 to P.O.S. Commencing at southeast corner of Section 33, Township 49 South, Range 26 East, run West 1640' North 1110, to P.O.S. West 1.70' South 1201, Yiost 6401, North 430', East 3201, North 2501, East 490', south 570' to A.G.B. Commencing at Southwest corner of Section 36, Township 49 South, Range. 26 ]East run Northerly 1000' along ;Nest section line to F.O.D. East 380', North 4001, East 3201, North 220', Toast 5604, North 250', East 160', North 11601, hest 7201, South 3201, West 3601, South 2401, West 3201,.southerly 1480' along hest section 11.ste to P.Q.B. Commencing at Northwest corner of Section 1, Township 50 South, Range 25 East, run South 1350', East 90' to P.O.B. South 1801, East 2201, South 170', East 3501, South 1201, East 6501, South 2301, West 1030'. SouL-.h180', West l00', South 2501. West = 1101, South 3401, along Fast right of way line SRC-858, East 3801, ,#1• North 280*, East 2901, North 1801, East 1210'■ North 1301, East 8901, South 1701, East 14001, South 2201, East 4101, North 6704, Nest 1570*, North 220', west 1760', north 390t, West 1230' to Commencing at Southeast corner of Section. 2■ Township 50 South, Range 25 SdBt, run North 23801, West 501, to P.O.H. Hest 2101, South 1201, Kest 3301, South 2901, West 10801, South 1601, !Peat 6701, South 90', (Pest 3801, North to a point on southern bank of Rock Creek, follow southwcstE_rly the southern meander of the river to a point on the West line of said section, North 1250', East 3001, South 500', East 19701, South 1909, Fast 6501, North 2201, Fast 6601, North 4101, East 3301, North 601, Bast 4000, south 2601, West 300t, South 3008,East 2401a North 1S0', East 245t, North 1401, East 3201, North 2601, East 4801, South 260" to P.O.B. Conuaencing at Northwest corner of Section 12, Township 50.SoutR, Range 25 East, run South 12801, East 720* to P.o.B. South 1040', East 3601, South 640*, East 6001, North 250', Kest 270', North 14401, West 670', to P.O.B. Commencing at Northwest corner of Section 14, Township 50 South* Range 25 East; run southerly 27401 along West section line, East 4201, North 160', East 3101, North 470*, West 350t, North 4601, East 360*,-North 140'■ East 9601, [forth 1500*, ►Yesterly 1680' Along North section line to P.Q.R. Commencing at Southeast carnercof Section 23, Township $O south, Range •25 East, ,run West 1410' along South section line, north 2220' to P.Q.S. North 640', Hest 180'. South 159t, West 170=81 ILI South 901, Nest 340', South 4201, East 6701, to P.O.B. Commencing at Northwest corner of Section-24, Township SO. South, Range 25 East, run southerly 5801, along Pest section line to P.o.a. Bast Soo,, South slot, East 6501, South 3001, Best 3604, South 2001,•ffast 3601, South 570, West 9W , Borth 2501, sfest 310 northerly 16S0' along West line of said section to P.C.B. . • •i 5 Order: 5836135 Page 11 of 28 Doc: FLCOLL:638-00021 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 492 9.A.2.f Coms enc-.ing of Northwest corner of Section 24, 7ownuhip 50 South, Range 25 Easi, run casLerly 1990', along North nuCL 011 Aine, Routh 1390', to P.0.13. EOUt 510', :south 600', WCsL 680',Nnrth 31.0', Bast 1801, North 2901, Commencing at Southeast corner of Section 24, Township 50 South, Range 25 vnnt, run nort-.harly 2190, to v.D.A. West 100=, South 1301, west 1101, South 1401, West 1301, South 1501, blest l301, South 150', West 170', South 250', West $601, North 7801, West 650', North 7301, East 2401, North 7601, Mast 790', North 200', East 11501, southerly 1640' along East section line to P.O.B. Commencing at Northwest corner of Section 25, Township 50 South, Range 25 Bast, ruts southerly 920' alongWout section line to P.O.B. East 400', South 4701, Hest 3801, North 4801, along Rest section line to P.O.U. Commencing at Northeast corner of Section 25, Township 50 South, Range 25 East, run westerly 1680' along Worth section line to P.O.H. south 2001, hest 901, South 530', West 210',South 500', Feat 200$, South 390', West 150', South 3901, West 304'. South 2501, Nast 2101, South 180', West 1901, South 2001, ?nest 1701•, South 2801, West 3501, South 1801, West 2001, South 3101, WeAt 170', South 2701, West 130', south 170', West 1801, South 1701, West 1701, south 130', West 1201, South 230', nest 250', South 6501, West 4201, North IS501, East 2001, North 230'; East 1901, North 240', East 2401, North 380', East 260', North 9301, East 12601,North 950', East 1801, North 2001, East 3401, North 1601, Last 1801, North 2601, Fast 2501, North 1301, East 4801, along North section line to P.O.A. Commencing at Northeast corner of Section 25. Township 50 South, Range 25 East, run southerly 3020' along East section line to P.O.B. South 960' along East section line West 400', South 190', Neat 140', south'380', West 200', South 3801, West 2401, South '350'■ 'West 10401, along South section line, North 960', East 500', Korth 3201, East 250', North 5301, East 3601, North 46037 East 940 to k.O.B. Commencing at Southeast corner of Section 2, Township 50 South, Range 26 East, run northerly 1760' along East line of said section to P.O.B. West 1001, North 440'. East 100'. Southerly 4401-along East line of said section to F.0_R. Commencing at 'Northwest corner of Section.3, Township 50 South, Range 26 East, run South 2300'. East 1920' to P.D.H. South 47011, East 570", North 400', East 2901, North 110',-East 1601, North 2406, blest 1901, South 80', West 280', South 100', West 280',. south 100', West 2401, to P.O.B. Comit6ncing at Southwe5t\6orner of Section 9, Township 50 South, Range 26 East, run'East 2150',North 1100t to P,.0.8. East 5804, North 7801,'West 5801, South 780' to P.O.B. Colnmenaing at Southeast corner of Section 9, Township 50 South, Range 26 East, run West 1920'to P_0.8. North 701, East 2601, North 160', East 2801, North 350', West 1190', South 570t, East S 660' to P.0.8. Conanencintq at Southeast corner of Section 9, Township 50 South,.-...-.- Range 26 East, run North 830' to P.O.B. went 60', Worth250', �f lust 601, south 250' to F.G.S. -` Cv+mnerscing at southwest corner of Section 10, Township 50 South, Range 16 East, run North 0301 to P_O.B. East 360', North 1104, _ x East 300I, north 1501, East 110', 'North 150' East 2001, Borth 240, East 701, North 4001, West 650', South 330'0 West 180', South 500', Vogt leo', South 250' to P.O.B. Order: 5836135 Doc: FLCOLL:638-00021 r Page 12 of 28 Reques ed By: hsgohn, Printed: 1/20/2022 2:52 PM Packet Pg. 493 9.A.2.f ai. 838 33 Commencing at Southecust. corner of Section 10, Towi.:ship 50 South, Rumjc. 26 Must, run North 1640' along suction line, West 150' to P.O.S. West 2201, North *00', Naut 2201, South 800' to P.o,B. Commencing at Northwest corner of Section 13. Township 50 South, Rantje 26 Last, run southerly 1800' along West line of said section, ' East SO', to P.O.B. Soutl .'00', Ease 5G0', North 100', East 2001, North 7.40' , Fast 200' , ti,,::, 1 480' , West 960' to P.O.A. Commencing at Northwest corner of Section 14, Township 50 South, Range 26 East, run easterly 400' along North section line to P.O.s... South 160', East 2201, Routh 3001, East 5401;'Horth 3800, East 700', South 180', East 2201, South 6201, West 220', South 260', East 5701, North 6401, East 200', North 4401, westerly 2200' along North sacL•ion line to P.O.H. Commencing at southwest corner of Section 14, Township 50 South, Range 26 East, run easterly 1240' along south section line, North 450' to P.D.B. North 4901, East 5401, South 480', West 540' to P.Q.B. Commencing at Southwest corner of Section 15, Township 50 South, Range 26 East, run northerly 400' along west section line to P.O.H. East 660', North 650', west 660', southerly 650' along West section line to P.O.B. Commencing at Southeast corner of Section 15. Township 50 South, Range 26 East, run northerly 670' along East section line, West 320', to P.Q.A. North 6401, west 0301, South 640', East $30' to P.O.H. Commencing at Southwest Corner of Section 16, Township 50 Sc,iith;, Range 26 East, run easterly 1580, along South suction line to P.O.B. North 410'. East 140', North 80', East 250', North 701, :East 90', North 1001, East 1401, North 1001, East 1001, North 2301, East 401, North 1601, west 240', South 1400, West 1201, South 601, West 5301, North 4501, East 2901, North 1300, East 440`, South 40', East 650'■ North 210', East 230'■ North 760', - East 8601, South 11301, West 10501,•South 2801, West 2001, 5auth 1020', Westerly 1110' slang South section line to P.O.B. Commencing at Southeast corner of Section 16, Township 50 South, Range 26 East, run Westerly 1700' along south line of said s@Ction .. to P.O.B. Korth 2401■ West 380', south 230' easterly 180' along South section line to P.O.m. Commencing at Southwest corner of Section 18, Township 50 South, Range 26 Soot, run North 690' along west section line. Bast 23706 to P.Q.B. East 270', North 300', West 2701. South 3001 to P.D.N. Commencing at Northwest corner of Section 19, Township 50 south, Range 26 East, run southerly 1580' along West section line to 'P.0.8. Bast 1001■ North 330', East 800' southeasterly-400' along the Southwest right-of-way line of US-41. Run Gottweat 400' on s.liu¢ perpendicular to USL41. Run 260' sdutheaster Orr'line- parallel. to US-41. Northeasterly 400' on a line perpendicular to oS=41. Y.. Thence,'1400' southeasterly along the Southwest right-of-way of tiw:;.• US-41. Best 770', South 200', west 13801, South.1501, West 1601, northerly 1650' along West section line to P.O.B. •�L Commencing at Southeast corner of section 20, Township SO South. -' Range W Rast, ran westerly 2120' along South section line, North 530', Bast 1701y North 1501, East 12901, North 2801, East 2706, ; i North 7801, East 3701, North 3001, Bast 17.51, southerly 20501 ri along East section line to P.O.S. f;• Y 4. is r4C. Order: 5836135 Page 13 of 28 Requested oy: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 494 9.A.2.f Commencing rtt Northeast corner of StIction 22, Township 50 South, Retngc 26 s:ast, rttn westor.ly 20901 eilung North section line, South 3001, to I'.O.F3. South 5001, Went 380', Nor=:h 5001, oast no, to 1'.0.B. Commencing at Northeast corner of Section 22, Township 50 South, Rangc 26 East, run South 940' along Mat sectiois Zinc, West 35o, to P.O.R. South 3901, West 5201, North 3901, East 520' to P.O.R. Commencing at Southeast corner of Section 22, Township So South, Range 26 East, run westerly 3401 along South section line to P.0.13. West 8401, North 10801, West 3901, South 150", West 200', North 4601, Past 160', North 480', West 1601. North 4701, East 5401, North 170', East 5701, North 2001, East 5901, South 9001, Nest 1401, South 10701, West 1301, South GOO' to P.O.B. Commencing at Northeast corner of Section 23, Township 50 South, Range 26 Fast, run westerly 1340' along North line of said section to P.O.D. South 280', rest 6001, North 2801 easterly 6001 along North line of said section to P.O.U. CoMencing at Southwest corner of Section 25, Township 50 South, Range 26 East, run northerly 540' along West section line to P.O.B. East 1080', North 280', Rant 11001., North 4801, East 7001, North 1801, East 3801, North 7401, West 601, North 540', East 3401, North 2401,' Lust 3201, North 9601, wcInt 5801, South 1201, West 1080t, S❑nth 1020e, West 360', South 6001, West 6001, North 2601, Nest 2201, North 260s, West 6601, South 7001, Nest 3009, South 7601, west 601, southerly 740' along West sectiort line to P.Q.S. Commencing at Southeast corner of Section 25, Township 50 South, Range 26 East, run west.srly 6001, alone} South section line to P.0.13. North 1401, Fast 2401, North 2001, East 4001, northerly 2080' 41ong East section line, West 13201, South 4201, lust 280`. South 700', West 3001, South 2201, Nest 3001, South 2001, Hest 3201, South 300', East 640', South 3601, hest 3001, South 1801, West 2001, South 60' easterly 1780' along South section line to P.O.9. . Commencing at Southeast corner of Section 26, Township 50 South, Range 26 East, run northerly 560' along East section line to P.O.S. West 2801, North 360', East 120$, North 380t, East 160, Southerly 740' along East -section line to P.O.B. V a N M W a7 c J J try O O M O O O N N O N J a O M O ti N Coamsencing at Northwest corner Of Section 28, Township 50 South, V m Range 26 East, run South 150t, along West section line, East 580', North 1500, westerly 580' along suction line to P.O.B. C cC Commencing at Northwest corner of section 30, Township 50 South, 2 Range 26 East, run 1550' easterly along section line, South 540t rL East 7301, North 140•, East 5601, South 3501, West 200t, South 3001, Q Nest 1300", South 1020', West 13601, North 2000' along Nast lime of said section to P.O.B_ LO Ccnmenci.ng at Northwest corner of Section 20, Township 50 South, C Range 26 East, run South 28201, along rest line of said section � to P.O.B. East 180', South 950', Nest I80', North 950' along ]lest section line to P.O.B. U t) r f0 CoamencIng at Northeast Corner of Section 30, Township 50 South, +�+ Range 26 East, run westerly 1600" along section line, South 14801. Q to P.Q.R. South 450', West 3101, North 4501, Fast 3104 to P,p.B. ,J `.y Commencing at Southeast corner of Section 31i Township 50 South, C Range 25 East, run North 390't along East line Of said section to ,'• south 9704 along Et P.O.S. West 380*, Korth 970t. East 360;, : as v line of said section to P.O.D. f° Q Coennencing st 5outl1west corner of Section 32, Tftnship 50 South, Range 26 Fast, run Worth 390' along treat section lute to P.Q.B. East 2401, North 300', Fast 190, North 670", Hest 400t, southerly - 9701 along section line to P.O.S. Order. 5836135 Page 14 of 28 Requested By: bsgohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 495 9.A.2.f IRE 638 w 35 Comme;ncirug at. Southeast cor not' of Section 37,Towrtuhip 50 South, Re+ngn 2.6 East, run Vorih 400' morn Mint a:acLiun lino, West 2.80', South 1:70', went. 230', routh 320', na stur3y 490' along section lane to P.0.11. Commencing at SouthwCist corner-of•Section 33, Township 50 South, Range 76 Ettst, run Fant 2050' along South suction line to P.O.H. Easterly 250' along section line North 3401, west. 2501, South 340' to P.O.U. Commencing at southeast corner of Section 33, Township 5u South, Range 26 East, run Cant 590' along South section line to P.O.B. North 2001, Wast 280+, South 200' easterly 280' along section line to P.O.n. Commencing at Southeast corner of Section 34, Township 50 south, Range 26 East, run North 2420' along East section line, West 2660' to P.Q.B. North 6601, East 2101, North 2701, East 350', North 2701, Last 1701, North 10601, West 950', South 1170', West 1701, South 3501, West 160', south 1601, West 1701, South 3501, West 1401, South 2500, East 830' to P.O.B. Commencing At Southwast corner of Section•34, Township 50 South, Runge 16 East, run North 780' along Hest section line, East 690' to P.O.B. Fast 8201, North 14501, west 9601, South 7801, Eaat 150'■' South 660', to P.O.B. Commencing at Southeast corner of Section 34, Township 50 South, J Ranges 26 East, run northerly.2140' along East line of said section 0- West 630', South 15501, West 20001, southwesterly 750' along the - Southeast right of way of SR-951, easterly 3020' along section M line to P.O.A. p ti Commencing at Northwest corner of Section 2, Township 51 South, v .Range..26 East, run easterly 160' along North section line, South 9001, Nast 1601, South 560', West 210', South 2601, west 000, R Northerly 1700' along West section line to P.O.B. L Commencing at Northwest corner'of Section 2, Township 5,1 South, Range 26 East, run easterly 710' along North section line, South 480', to P.o.u. East 9001,South 5501, West 3601, South 60019 Hest 5401, North 1200' to P.O.B. V Commencing at Southeast corner of Section 2, Township 51 South, m Range 26 East, run westerly 500' along south section line to P.O.B. North 1580', West 2900', South 9401, West 14201, South � 6600'i easterly 4300' along south section line to P.O.S. V Cowunencing at Northeast corner of Section 3, Township 51 South, � Range 26 East, run westerly with section line 23901•, southeasterly Q 1470' along a line parallel to and 'a distance of 1650' from the North right of way line of RT-41, south 3101, Nest 3701, South W) -:_ 2001, west 3301, South 2901, West 3501, south Igo', West 290', w South 1401, southwesterly 260' along road right of Tray line RT-42, C Bast 7501, North 130', East 3001, North 190', Nast 360', North 2201, East 7301, South 1300', West 1101, South 3101, southeasterly '" S 360', along read right of way line RT741, North 3801, East 1201, North 390'■ East 120', North 330" East 170', North 48010, East n'r 601,,North 1820', along East lint of said section to P.O.B. Q T?,.... CpOtaeneing at Northwest corner of Section 4, Township 51 South, � Range 26 Fast, run southerly 1670' along section line to P.O.B. East 4001, South 40p1, West 4001, North 4001, along West, Brie of s-Ad section t0 P.O.B. t T'` Conne'neing at Northwest corner of Section 4, Township 51 South, r -, .. Range 26 East, run southerly 2070' along section line, Nast soot Q to P.O.B. South 4301, East 7201, South 2201, Last 6801, South 4801, East 7401, North 5700, West 1701, North 100, west 5400, North 450', West 1440' to P.D.R. [ at Northeast corner Of Faction 5, Un(nahip 51 South. .Cots.Mencing Range 26 East, run westerly 800' along North section line, &odth 9 , + + southerly 2120' along Igo,, West 3580 South 160 host 96it , . Order: 5836135 Page 15 of 28 Requested By: hsoohn, Printed: 1/20j2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 496 9.A.2.f V 638 no 3� Went lino of said section, Yant 3501, North 300', l;ant 4401, North 6501, 1•:ar.t 0001, South 20010 f'a z, t 420' , South 2001, leant 92.01, South 1001, hunt. 660', North 3401, Neint 6901, South 1001, Last 2001, northerly. 420' along Vast noctinn line West 3001, North 2001, West 5201, North 2G0', Want 15401, North 1601, Wast 2601, North 6001, Eant 18001, North 2201, Xnst 4001, North 2401, F:ant 440', northerly 190' along t:ast aaction line to P.G.B. Commencing at Northeast corner of Section 8, Township 51 South, Range 26 Sash, run South 12081,-along Past taevtion lino. West 5401, South 260', West 3401, South 2201, West 7801, South 5001, Fast 3401, South 200'■ East 12401, southerly to Southeast corner, ve sterly along south section ling to Southwest corner' Northerly along West section line to Northwest corner, East 31201, South 2001, East 3401, North 2001, Fast 1900' to P.D.H. Commencing at Southwest corner of Section 14, Township 51 South, Range 26 Last, run northerly 1120, Along West section line, East 2801, South 1401, East 3001, South 2201, east 4201, South 3601, East 5401, South 4201, westerly 1560' along South Section line to P.O.ii� Commencing at southeast- of Section 15, Township 51 South, Range 26 East, run northerly 950' along East section line, West 5201, North 7001, Wert 3001, North 14001, West 6601, North 280', West 7001, South 8401, East 1601, South 5001, West 0001, Korth 800' West 6601, North 10401, West 340', Borth 2801. West 4801, North 2000, Hest 8001, north 1B0', West 120' southerly along West line of said section to Southwest corner, easterly along South liars of raid section to P.O.B. Comencing at Northeast corner of Section 16, Township 51 South, Range 26 East, run Hest 1000' to W.O.B. South 4201, East 540' South 5401, East 4401, Southerly 4400' along East section line to Southeast corner, westerly 1180' along the South section I line, North 2001, West 280', North 4801, West 3001, North 320', West 3601, North 440' , Wiest 20D1-,=-North 4,GQ1,,, West 2801, North 1401, West 3001, Worth 400'0 West 480', North f60141 West 480', South 1560', Bast 360', North 320', East 200', South 320'.-East L) 1401, North 1201, Fast 3601, South 5401, West 4601, North' 2201, West 3001, South 4001, Past 5401, South 2001, East 1801■ South 280', West 5001, South 2401, westerly along South line of said section to Southwest corner, northerly along West line of said section to Northwest corner easterly along North section lime to P.O.B �. hll-of Section 22, Township 51 South, Range 26 East ^ ST Commnencing at Northwest corner of Section 23, Township 51 South, Range 26 East, run easterly 2420' along North section line, South 6001, East 0601, South 760', East 2060', southerly along Bast line of said -section to Southeast corner. Westerly along Soutb lino of said section to Southwest corner, northerly along West line.to said section to P,O.B. Commencing at Southwest corner of Section 24■ Ttromship 51 South, Range 26 East, run Northerly 3960' along West section line, Fast 100', South 4001, Esgt 640%, South 4901, Zast 600*,.South 6601, East 9201, South 300', East 2000', South 460', West 200'■ South 9401, East 5001, pouth 5001, East 4201, South 3001, East 1401,.. - southerly 00' along East section line westerly along $Guth line - of said section to P.O.S. e Order: 5B36135 Page 16 of 28 Doc: FLCOLL:638-00021 .S Requested By: 6stjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 497 9.A.2.f M 638 I'AS,E 37 �a Commencing at Southwest corner of SoctJon 8, Townuh.i.p 49 South, Range 26 cast, run Enst 1500' to F',Q.IS. Norl:h B01, F4ar;t 2901, North 2001, East 7001, South 3001, East 1801, South 6nI, West 11601, along South line of said section to Commencing at Section 8, Township 49 South, Range 26 East, run East 312D' along South line of said Nection to P.O.B. North a 2001, West 180', North 500', East 5801, South 3001, East 4601, South 3401, East. 28D', South 60', Ws -at 11401, along Sough line of said section to P.D.D. W Commencing at Northeast earner of Section 9, Township 49 Soutli, Range 26 East (Golden Gate unit 32) run West 3201, along North C line of said section to P.O.B. westerly 620' along section line South 5901, East 6201,,North 620' to P.O.B. J Commencing at Southwest corner of Section 9, Totianship 49 South, Range 26 East, run East 760' to P.Q.B. North 3401, Fast 6601, � South 3401, West. 6601, along South line of said section to P.O.B. uO rxommencing at Northwest corner of Section 10, Township 49 South, pop Range 26 East (Golden Gate Unit 1) East 210' along North section M line to P.O.B. South 6001, Fast 8501, North 6001, West 8501, along c North line to said section to F.O.D. O 04 Commencing at Northeast corner of Section. 10, Township 49 South, j N o Range 26 Vast, run West 126DI along North section lino to P.O.B. 04 South 2D', West 13001 South 2001, West 2101, South 7DO', West t 0_ 250', South 260', West 2001, South 3201, West 1001,-South 2201, West 860', North 10201, East 6401, North 4601, East 3409, North va 200', West 300', North 60', East 1060' along North line of said i o section to P.O.B. r� Commencing at Southwest corner of Section 10, Township 49 South, Range 26 East (Golden Gate Unit 1) run North 29001,.East 340 % 1 to P.Q.B. North 640', East 740', SvutR 640', West: 740' to P.O.H. Commencing at Northwest corner of Section 11, Townshin•49 South, { Range 26 East (Golden Gate Unit 4) run South 2520' along West Q section line, East 1003 to P.O.B.East 2040', South 9801, Mist 240', South 400!, West 2501, south 250', West 520', South 3601, Y West 102D% North 2020' to P.U.S. j m Commencing at Southeast corner of Section 11, Township 49 South, ++ Range 26 East., run 1260' Westerly along section line to P.O.B. f North 1801, East 1401, North 4801, West 11701, South 6701, East v 1030' to P.Q.B. Q l � Commencing at Northwest coroner of Section 12, Township 49 South, Q Range 26 East (Golden Gate Unit 5) run East 860' along North lime of said section, South 50' to P.O.B. East 5401, South 470', west 5401, North 470' to P.G.B. C Commencing at Southwest corner of Section 12, 'Township 49 South, � Range 26 East, run East 740' along South line of said sectir: k t to M.O.B. North 620', East 1240', South 6201, Westerly 1240' along the section line to P.O.B. +� n - l a W w � a f: Order: 5836135 Page 17 of 28 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Doc: FI_COI_L:638-00021 Packet Pg. 498 9.A.2.f �[{ Ii�p PAf4 JD The following horcinbelow duscribed prorkartieu are to be p1Hcrd in 4S7" Spneial Treatment area of environmental sensitivity: Commencing at the Northwest earner of Section 5, Township 48, Range 25, run South 50' to P.O.B. East 400', South 2201, East 960', South OR 35' East 350' South 300 33' East for 346.4', South 590 27' West for 1050', South 9301, East 1400', South 1G20', Fast 2201pSouth to south section line, Weut along said section line to Southwest corner, North along West section line to P.O.B. Commencing at Northwest corner of Section 8, Township 48,. Range 25 as P.D.B. un East 2360' along North section line, South 840', South 30 owest 108016 South 4801, South 300 East 25001, South 450 South 30 Fast to South section line, thence West along South section line to Southwest corner, thence north on Went section line to P.O.B. Commencing at Northeast corner of Section 8, Township 48, Range.25, run South 010 05122" East, 890' along East line of said section, West 1160' to P.O.A. South 640', Fast 440', South 500', West 750', North 11-401, Fast 310' to P.O.B. Commencing at Northwest corner of Section 16; Township 46, Range 25, run South 757' along West section line, thence thence Fast 1050 ' to Point of Peginnin North 306 East 3501, East 1701, South 30. East 35�', oust 1000''i south 16501, Southwest 1450', parallel to end at a distance of 170' from present US 41, West 350', North 300 West 14001, North 400'■ East to P.O.B. Commencing at South,,mst corner of Section 11, Township 48, Range 25, run North 600' along West section line, East 390' to P.O.B. North 4401, East 390', South 440' west 390' to P.O.H. Commencing at vorthwest corner of Section.11,Township 48, Range 25runEast 1310' to P.�1.8. East cool, South-11001, SO +�th 30 Fast 5701, South 60 East 5401, North 400' North 60 West 730', North'300 Went 1130', North 450 West 460', !North 590' to P.O.H. Comencing at Southwest corner of Section 11, Township 98, , Range 25, run North 1400' along section line, East 1570' to A.D.B. florth 3601, Fast 2701, South 2201, South 60a hest 310' to P.D.B. - Commencing at Southwest corner of Section 11, Township 480 Range 25, run North 2190' along section line, past 720' to P.O.B. South 600 Fast 42Q', South 250', Tiarth 600 nest 4201, ,. . =: North 250' to P.O.B. Commencing at 'Northwest corner of Section 11, Township 48, Range 25, run East,35601 along section line, South 1750 to- }�,: ; P.U.S. golxth 60t' East 890' , South 10501, South 380 Hest 8701, North 60 West 5901, West 435' , North 470', East 500', ` North 3751, North W Kest 4101, North 180', North 300 Bast s; 630', to P.O.B. R z r .. .'.�c' i. Y.•.•,.. IAia iLi`.'..`.°,xti�e...,'. ... •-na;, .H Order: 5836135 Doc: FLCOLL:638-00021 0 Q_ N R W C J J U) O co M O O O N N O N J D_ M O ti ! t Page 18 of 28 Requested Bv: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 499 9.A.2.f - Commencing at Southeast COxner of Section 12, Townahip 48, Range 25, run North 2140' along section line, Fast 500, to P.O.B. East 710', South 8a5', WOat 575', North 450 West 0 370', North 470', North 45 Fast 190' to P.O.D. a Commencing at Sout•hweet corner of Section 12, Townahip 49, Range 25, run North 640' along section line, Fawt 3060' to + P.O.H. North 450 West 540'. North 390', East 590' South 7010 West 210' to P.O.B. W Commencing at Southeast corner of Section 12, Township 43, C !range 2.5, run Narth.990' along section line, West 590' to > P.O.B. North 5201. West 3951, South 520' Ra3t 385', to P.O.13. J Commencing at Northeast corner of section 15,% Township 49, ; Range 25, run South 1115' along section line to p.0.8. South 365', Want 580', North 160', North 60 cast A10', Eaat 220, ' to P.O.B. LO O Commencing at Northeast corner of Section 15, Township 48, 00 M Range 25, run South 2090' along section line, West 490' to c P.O.B. South 440', Neat 4301, North 440', East 430' to P.O.B. O N Commencing at Southeast corner of Section 15, Township 40, 04 p Range 25, run No&th 2390' along section line, West 610' to N P.S.B. South 30 West $001, west 280', North 450', North d 60 Fast 500', East 260' to P.O.B. i . O Commencing at Southeast corner of Section 15, Township 48, ce) Range 25, run North 950' along section line, Nest 1430' to O 04 P.0.6. South 3151, West 1101, North 600 Wgst 230', s N West 340', North 310', East 460', south 60 East 230'. to P.O.D. IC Commencing at Northeast corner of Section 21, Township 48, Range 25, run South 650' West 200' to P.O.B. South 13001, M West 120', North 501, west 400' to the southerly hank of Cocohatchee Inver, run along said Yank approximately 350' � to an approved bulkhead 1-ine as recorded in Bulkhead Line PB 1, Page 16, then run northwesterly 750' along said U approved bulkhead, thence South 430', West 2501, South 19019 m Neat 850' North 2501, west 2730', North 2030' to 4ection line:, thence easterly 4830' along North section line, South 6601, Bast 470, to P.O.B. V Commencing at Southeast corner of Section 22, Township 48, Q Range 25, run North 2570' along section line, hest 1500' to Q p.O.B. south 230', South 600 East 3601, south 430', South 60o East 7601, south 270', North 60o west 770'■ North 160'. west 3751, North 170', North 300 West 1801, North 1401, Kest 350' North 300 Wcat 790' Wes: 400', South 2601, West 2451, i North 1404, North 600 west 4001, West 210', North 2701, Worth. west 450', North 2001, Nest 1509, North 60 went 730', North 440' west 4001,•Fest 200', North 45 Pagt 1150', East 370', !South 130' { Sogth 50o Hest 400', South 45 west 500', South 310', South .'� 30 Fast 4101. South 600 East 1450', Past 6101, South 240% Q South 60o East 840' to P.O.B. Comsaenciny at Northwest corner Of Section 25, Township 48, W Range'25, run East 662', south 160' to P,4,B. East 350 , Booth 280', Past 370', South 410',.Hest 3501, worth 180', O Z;_ !test 370'. North 510' to a.e.g. 1 { Order: 5836135 Page 19 of 28 Requested 6y: bstjohn, Printed: 1 20/2022 2:52 PM Doc: FLCOLL:638 00021 Packet Pg. 500 9.A.2.f 40 Commencing at Northeast corner of Section 25, Township 49, Range 25� run South 700' Went 1200' to P.O.U. South 3501, South 60 West 330', North 600 West 230', North 250', forth 60 kept 30010 East 270' to P.O.S. Commencing of Northwos& corner of Section 27, Township 46, Range 25, run South 1 00' 37' past, East 510', to P.Q.U. East CUP, South 300 Fast 7201, South 760', West 420', North 300 west 680'. North 150', North 300 Went SZO', North 200' to P.o.B. Commencing at Southeast corner of "etion 34, Township 48, Range 256 run West 120' North 30o West 14101, North 3801, North 30 East 1901, North 250', North 30 rest 1001, North 360' South 30o East 1350' to the east line of Section 34, Township 48, Range 25 thence southerly with section line -to Southeast Corner exolueling there from that por.tien of the Seaboard Coastline right. -of -way lying within the above description. Commencing at Southwest corner of Section 35, Township 48d Range 25, run North 900' East 1040', South 4601, South 45 West 5201, South 1001, West along the south section line to the P.D.S. Commencing at Northwest corner of section 7, township 48, 4b• Range 26, run South 2075' along section line to P.D.R. East 890', South 460', West 890', North 460' to P.O.H. Commencing at Northwest corner of Section 7, Township 48, Range 26, rut; West 3045' along section line , South 1l0' to P.O.S. South 595', South 300 Most 2401, South 3201, East 648', South 870', West 430', North 3101, West 160', North 30 West 440'., North 200', North 450 West 3101, North 600 West 350', North 290', East 4701, North 4201, East 370 " to P.O.B. F Commencing at Southeast corner of Section 7, Township 48 Range 26, run North 1750' along section line, West 460' to P.O.B. west 4301, North 30 West 580', North 250', East 470', South'30e Past 5101, South 310' to P.U.H. Commencing at Southeast corner of Section 7, Township 48, Range 26d run West 2415', North 90' to P.O.H. West 1001■ North 60 West 390', North 190', Bast 590', South 250', South 450 West 190' to P.O.B. commencieg at Northwest corner of Section 8, Township 48 Range 26, run 2430' to P.O.D. East 790'■ South 3401, peat 3001, South 380', west 690', North 30 Hest 825' to •:2 P.Q.H. Ccmn+encing at Southeast corner of Section 8, �ownship 48, :'. Range 26,ran North A184' to P.O.B. North 60 West 7601, !forth 2301, North 45 East 6201, East 2301, South 1060 to P.D.B. iY Commencing at Northwest corner of Section 8, township 48 Range 26, run South 1470', past 560' to P.O.U. East 47P. Fouth 490', South 300 Kest 2751, South 6751, Best 5051, North 4551, North 300 Y.ast 3401, forth 640' to F.o.B. Commencing at Southwest Ctrrner of Section 9 Township 40, Range 26, run East 905, to p.O.A. North 306 East 360', -1. East 320 , South 30 Fast 350' , West 670' ulong soction liner s to P.O.H. .3:: 0 a R W C J 2 J U) 0 co M O 0 0 N N 0 N J a 0 M 04 ti Order: 5836135 Doc: FLCOLL:638-00021 Page 20 of 28 Requested By: bst)'ohn, Printed; 1 20 2022 2:52 PM Packet Pg. 501 9.A.2.f mi.t 41 Commencing at: the Northcrcet cornox of Section ll, Townahip 48, Range 26, run southerly 630' along the r;cct•ion line to F.0.13. thonco continuing southerly along the section line to the Southeast corner, than westerly along the south necti,on line to the Southwest corner t on northerly along tltin wart section line 1750', then North 45 Fast V S0', East 670', North 450 Fast 20701, East 15701, North 45 Fast 610', East 250' to P.v.rt. Commencing at tha Northwest corner of Section 11, Township 48, Range. 26, run easterly along the north section line 7B0', then south• 150' to P.O.B. Run East 530' South 735', West 530', North 735' to P.O.A. Commencing at the Northeast corner of Section 13, Township 40, Range 26, run westerly along the north section line 170' to P.O.A. then South 330'■ South 600 west 15701, West 700', South 570', South 30c west 3901, South 3401, best 540', North 410', North 60 West 15001, North 180', North 600 West 500', West 300' to the west section line, then northerly along the section line to the Northwest corner, then easterly along the north section line to P.O.A. Commencing at the Northeast corner of Section 13, Township 46. Range 26, run south 980', then Went 520' to P.Q.S. South 4fi0'. West 3501, North 460', East 350' to Y.O.H. Commencing at the Northeast corner of Section 14, Township 46 Range 26, Run goutherly along Fast section line 1310', Heat 410', North fi0 West 1320', South ir00 West 900', West 280', North 300 West 720', North 490' to the North section line, then Fast along section line to P.O.A. Commencing at Northwest corner of section 16, Township 40, Range 266 run East 205' to P.D.B. Fast 670' along section lino, South 30 West 360', West 320', North 300 West 340' to P.O.A. Commending at Northwest corner of Section 17, Township 48, Range 26, run south 1300' along section line, East 300' to P.O.B. South 440', Fast 370', North 440', hest 370' to P.O.B. Commencing st Southwest corner of section 17, Township 48, Range 25, run North 170' along section line to P.O.B. East 130', North 610', West 1300. south along section line to P.O.R, Commencing at Southwest corner of Section 16, Township 48, Range 26, run East 330' along section line to Y.O.B. . North 300 East 1801, East 380', South 1601, West along section line to Commencing at Northeast corner of Section 18, Township 48, Range 26, run South 1450' along section line, West �a, to p.O.H. South 500', west B501, North 260'. North 45 East 3201,,. East 620' to P.O.H. Commencing at Southwest corner of Section 18, Township 48, Range 26, run -North 620' along section line, Fast 9so, to piO.s'. xast-775'. South 450', West 250', Borth 60 West 3BG1, went 2001, North 265' to P.0.8- Comgencing at Southwest corner of Section 18, Township 49, Range 26, run Borth 1705' along section line to P.O.B. East 1030'. North 6501, Rest 10301, South 650' along section line to P.O.S. i Order: 583b135 Page 21 of 28 Requested By: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 502 9.A.2.f Commcnc:inq uL $j0Utheszt at>rnar of Section 18, Township 49, mange 26 run Wost 13101 along section line# North 700, to P.U.R. West 4;r0' , Nogh 470' , North 450 rmat 240' , Vaut. 55a' , South 4201, Saut.h 4S west 38o' to P.C.U. Commencing at Southeast corner of Section 18, cownship 43, Range 26, run North 170* along section line to P.O.H. Hest 330', North 6101, East 3301, South 610' along section line to P.O.B. Commencing at Southwest corner of Section 19, Township 48, Range 26, run North 2510' along section line, Fast 16051 to P.O.D. North 60 Fast 6701, South 60" East 5701, South 3301, South 6e West 650', South 7001, West 530', North 1290' to Commencing at Northeast corner of Section 19, Township 48, Range 26, run South 2160' aI.ong section line, West 1555' to P.O.B. South 455', West 460', North 4551, East 460' to P.B.A. Commencing at Northeast corner of Section 19, Township 48, Mange 26 run South 960' along section line, west 1400' , North 306 West 3201,'North 60 West 460'. North 440' East along section line to P.O.H. Commencing at the Northwest corner of Section 19, Township 49, Range 26, run Fast 1310' along section line, South 11551 to P.O.B. East 450', South 4901, west 450', North 490' to Commencing at Northwest coiner of Section 19, Township 4a, Range 26, run South 13o0' along section line to P.O.A. North 60' East 350', Fast 400', South 500 South 660 Hest 83t1', " North along section line to P.o.11. COMMenci.ng at MOrthwest corner of Section 19, Township 48,. Range 26, run South 470' along section line to P.O.B. East 3201, South 4201, West 320',-North 420' along section line to P.U.H. Commencing at Northwest corner of section 19, Tvanship 49, Range 26, run East 320' along section line to P.O.S. Continue East 480' along section line South 150.1, South 60o West 3201, Hest 200', North 320' to R.Q.B. Commencing at Southeast corner of Section 21, Township 49, Range 26, run North 1500' along section line to P.O.B. South boo West 4201, west 310', South 600 West 5001, North 440', North 609 Fast 7301, F'.aat 4901, South along section line to P.O.B. Commencing at Northeast corner of Section 21., Township 40, Range 26, run best 1050' along section line, South 13101, West 450', South 30o Best 5301, west 340', North 3•go west 500', North 300 Fast 640', East 6301, Worth 30P East 2901, North 45a West 775', Last along section long to P.U.�i. - Commencing at Northeast corner of Section•23, Township 48_, Ral?ge 26, run West 2105' along section line, South 470' to, P.D.B. South 700' South 6dD nest 520'1 North 1200''South 600 East 520' to P.U.B. Commencing at the Northwest corner of Section 24, Township• 48, Range 26, run southerly along the section i�ne 490' to P.P.B. thence east 2660', South 65010 South 45 Rest 3901, Sv Ah 2200', mast 3g0', worth 450 West 3501•, North 9001, host 300', South 30 West 600', west 5501, North 300 Went 8301, North 400', Hest 720' to the west section line, thence northerly along the section line 1380' to P.O.B. Order: 5836135 Doc: FLCOLL:638-00021 Page 22 of 28 Requested By: bstjohn, Printed: 2 2 PM Packet Pg. 503 9.A.2.f R ws mr-c i 43 •-0 Commencing at thct SouChtaest corner of Section 25, 'rown:ship 4II, }tarjge 2r, run northerly along the Wast %c:ctiun line 59o', Erst 2zO', North 300 East 450, Fact 3501, South 4501, south 6ts� Ile -at 3101, Wost 180°, North 300 Wont 250, to P.O.B. Commencing at the Northeast corner of Section 25, Township 48, Range 26, run southerly along the cost section line 190, to P.o.i3. then continuing souther`y along the section 8501, South 45 Wost 770', West 7691, North 410', North 30o Fast 7501, North 450 East 4701, Y.ust 610' to P.O.B. Commencing at the Northwest corner of Section 25, Township 48, Range 26, run easterly 22901, South 120' to P.O.B. then run Fast 6801, South 62011 West 4901, South 600 West 2601, West 300', North 280', North 450 East 470', North 130' to P.O.B. Commencing atrtho Southwest corner of section 28, Township 48, Range 26, run 38st 1810' along section line, North 1130' to P.O.B. North 30 nest 1501, North 600 west 490', North 90', North 300 Fast 3601, Fast 2601, South 300 Post 410', South 4301, Rest 160, to P.O.B. Commencing at the Southeast corner of Section 28, Township 480 Range 26, run West $90' along section line to P.A.B. West 710' algnq section line, North 701, North 660 3?.ast 4500, South 60 East 3601, South 120' to P.O.M. Commencing at the Northeast corner of section 28, Township 49, Range 26, run west 990' along section line to E.O.B. Hest 710' along section line, South 1101, South 30 East 2401, Fast 4801, North 300 East 180', North 170' to P.O.B. Commencing at the Mrthwest corner of Section 2, Township 49, Range 25, run East 800', South 6001 nest 60', South 20504, West 350'. Worth 21001, North 451> West to West section line, North on best Section line to P.O.B. Commencing at Northwest corner of Section 2, Township 49, Range 25o run South 3220', Fast 530' to P.O.B. East 3701, South 45 East 3901, Fast 2504, South 460', south 450 West 220', West 6001, North 2201, West 1201, North 740' to P.O.B. Commencing at the Southwest corner of Section 12, Township 49, Range 25, run North 005' along section line, East 1101,' to P.D.B. North 400', North 601 Fast 310', East 2301, South 30o W-est 630', West Igo' to P.O.B. Comencing at Southwest corr-er of Section 12, Township 49, Range 25, run West 875' along section line, North 410' to P.D.B. North 3604, North 0 East 9501, vdrth 380', East 320', South 3101, South 30 Hest 6201, South 4201, south 30o Nest 3501, west 280' to P.O.B. Commencing at the Southwest corner of Section 13 , Township 49, Range 25, run *orbs 710' along section line, Fant 735'• to P.D.B. North 7001, Last 7301, South 7001, hest 730 to P.O.B. Commencing at the Southeast corner of Section 13, Township -49, Range 25, run North 1610' along section lines, Went 2015' to P.O.E. Worth 640', Hest 6551, South 640' East 655' to P.O.B. r�. sr- Order: 5836135 Doc: FLCQLL:638-00021 Page 23 of 28 Requested By: bstchn, Printed: 1/20/2022 2:52 PM Packet Pg. 504 9.A.2.f Orde Doc: 9 .. Of. 638 na 44 Commencing at Southeast corner of Section 1.5, Tows,NlAp 49, Ran7o 25, run North 350' a�ong section line to P.O.Is. Wt,at 595 , Worth 2101, Worth 3D yayt 2001, North 270', North 600 Fast 5101, South 1030' along section lino to P.O.4. Commencing at the Southeast corner of Section 22, Township 49, Range 25, run Rest 740' along section line, North 670' west 210' , North 600 West 6001, North 175' North 300 Fast 310'1 Eaut 630' North 10001, North 606 Bast 6501, North 750', North 606 West 75', North 510', North 300 Went 7101, North 650', East 595' along section line, South along section line to P.O.R. Commencing at the Southeast corner of Section 25, Township 49, Range 25, run West 850' along section line, North 235' to P.O.E. West 9201, North 6751, Fast 9201, South 675' to F.O.H. I.. Commencing at the Northwest corner of Section 26, Township 49, Range 25, run South 2680' along section line, East - 270', North 2680', best 270' along section line to P.O.B. Commencing at Northeast corner of Section 26, Township 49, Range 25, run West 1400' along section line, South 210' to P.O.A. West 4501, South 30 West 3601, West 3001, South 230', East 930', North 550' to P.O.B. Commencing at Northeast corner of Section 26, Township 49, Range 25, run West 2790' along section line, South 305' to P_6.8. Best 450', South 3601, East 450', North 360' to P.O.B. Commencing at the Northeast corner, Section 27, Township 49, Range 256 run West 730' slang section line ,oScu:t f:5�■ south 30 East 62 , South 1010', South 30 West 5601, South 330', East 250', South 1201, South 3Do West 1150', South 3401, west 751, South 470'- South 300 West to section line, East along section line-800", North 5401, North-609 West: 46D', North 380', North 300 Epst 16201, North 2700' along section line to P.O.B. Commencing at Northeast corner of Section 34, Township 49, Range 25, run West 450' along section line to P.O.H.■ West 800', south 2125' to a point on the West bank of the Gordon River, follow southerly the meandar of the river to a paint on the Naples City Limits, follow Bast 690' along City limit line to East line of said section, North 1875' along section line, West 2101, North 600 West 65D', North 1040'■ North 300 East 720' to P.O.is. Commencing at the Southeast corner of section 3, Township 49, Range 26, run west 1410' along the south section line to P.O.B. Continue west 700' along section line, North 450 West 5101, North 2501, East 10501, South 610' to F.D.B. W Commencing at the Northeast corner of sectiea 4, Township 49. Rang 26, Run west 2040' long section line to P.p_n. , South 770'■ F West 9701, North 45 , West 450'. West 2101, North 450'■ East 1500' along section line to P.Q.R. Commencing at Southwest corner of section 7, Township 49, Range 26, run Last 1150' along section line to p.O.B. North 68D', west 100', North 3901, East 3751, South 10701, West 205' along section line to P.O.B. Commencing at the Northeast corner of Section 10■ Township 49, Mange 26, run West 1410' along the North section line to P.O.B. 'Continue West.680' along section line, south 1951; Sc.•.t* Rgo �a:,t 250' , Raat 120' ■ North 450• rasL 51.0' to F.0.I1. v.. r: }•`i: ��.-Y,it}ti 1%+,�•r..:.i_.,�:i.li-• .. 7:'.�•,i-i.r..3.Ik.n. 5836135 Page 24 of 28 Requested By: b3 john, Printed: 1/20/2022 2:52 PM FLCOLL:638-00021 Packet Pg. 505 9.A.2.f F 638 Pv 45 Comiaanc.i.ng at t.ho Northwest rorncr- of section 13, Townahip 49, Ilftnge 26,(Culden Cate Unit 15) run i:aut 2490', eouth 70' to thence South 450 West 400', south 450 EusL 2001, North 450 Fast 11Mp', Korth 45" West to 11.0.13. Commencing at the- Southeast corner of Section 15, Township 49, Ranyu 26, run North 1010' along nection line (SR858) West 1390' to P.O.A. Went 1190'. North 3001, North 45u Past 7601, East 1100, South 400', South 450 West 630' to P.O.n. Commr:ncincg at the Northwest corner of Section. 17, Township 49, Ranyo 26, run Fart 1645' along section 1-ine to P.O.B., Jouth 3601, East 215', North 450 East 500', West 570' along section line to P.D.R. Commencing at the Northwest corner of Section 14, Township 50, Range 25, run last 1430' along section line, south 635', , S4kI west 1000', Snuth 2651, West 310', South 6601, Nest 420', W) North 2255' along section line to P.O.B. 00 M Commencing at the Northeast corner of Section 24, Township 50 „ O Range 25, run South 1750' along section line to P-O.B. p west 1090'. South 450 west 11801, South 530', South 45o East 04 1300' to a point on the Northwest -Bank of the canal, run along p CM the northwest bank of the canal 1520' to a point where the tN canal intersects the East section line, run North 1190' along d section line to P.O.B. Commencing at Northwest corner of section 25, Township 50, M Range 25, run South 570' along West section line, East 570' to P.Q.B., south 4601, Fast 3651, North 4601, West 3651.`to N P.O.B. Co=encing at the Southwest corner of Section 25, Township 50, Range 25, run North 440' along section line to P.Q.B. North +; 45o East 1980', North 10201, west 300', south 451 West 1530', �. M South 1320' along section line to P.O.B. Commencing at the Northeast corner of Section Is,.Township 49, Y Range 26, run West 450' along section line to P.O.B. south 365', South 300 west 770', West 4701, North 300 East 12001, m East 260' along section line to P.O.B. Commencing at Southeast corner of Section 29, Township 49, Range 26 (Golden Gate Unit 30),run Westerly 1380', along South section line of said section, North 1420' to P.O.B. Thence } Q East 1501, North 45o past 230', North 340'. West 310"1 South Q to P.O.M. ' W) Comencing at the Southeeast corner of Section 29, Township 49, Range 26 (Golden Cate Unit 30) run Westerly 1490' along South d section line of said section, North 1660' to P.O.B. Thence Borth 160', West 200', South 160', Fast to P.O.9, t Commencing at the Northwest corner of Section 30, Township 49, Range 26, run south 1640' along section line, East 1160, to Q P.O.B. East 3251, south 459 East 310', south 810',-went 225', North 450 vast 690', tiorth•3851, North 450 East 235to P.O.B. � C t... . ;:. Commencing at Northwest corner of section 1, Township 50, '' Range 25, run South along Nest section line 2620', East 70' 0 v 3•.` P.O.B. forth 45° East for 2201, North 1601, North 45 � East 3001, Past 240' , South 360' , South 45o West �70' , lfest Q 160', South 1401, wesV 50'■ North 170' to P.O.B. Commencing at Northwest corner of Section 12, Township 50, Range 25, run South 1540', cast 800' to P.0.13. South 650', East 250', south 640'; East 300', North 1280', crest 550' to P.O.B. ti; r Order: 5836135 Page 25 of 28 Requested By: bAchn, Print : 1 2D 2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 506 9.A.2.f Commencing at the Southwef;L corner of 3ecLion 10, Tow138hip 50, Range 26, run North 15401, along section line, Fntft 470' to P.O.B. North 5201, Faut 4101, South 520' , west 410' to P.O.R. Commencing at the Southeast corner of Section 15, Township 50, Rangy 26, run North 670' along section line, %40tt 650, to F.O.H. North 500'. West 2501, South 500', East 250' to P.R.B. Commencing at the Southwest corner of section 16, Township 50, Range 26. run Easterly along South section line 1580', thence North 60' to P.O.B. Thence North 360'. East 90' NO t.h 70', East 278', North 450 Last 480', North 1801, North 45 East 6601, North 1701. Fast 2401, North 1101, East 1401, North 570', Fast 140', North 3301, East 4401, South 2901, East 290, South 9701, West 1050'. South 450 West 290', South 3501, West 18o'. south 7601, west 970' to P.O.B. Commencing at Southwest corner of Section 16, Township 50, Ranqe 26. run North along west section line R50' thence East 1600' to P.O.B. North SOO', Fast 270', North 120'. East 2001, Sov.th 5501. west 801, South 70', West 390' to P.Q.B. Commencing at the Northwest corner of Section 19, Township 50, Range'26, run Sopth•1460' along section line•to P.O.B. East 9751, Southeasterly along the Southwest right-of-viay US 41, run Southwest 400' on a line perpendicular to US41, Southeasterly 260" on a line parallel to US 41. Northeasterly 400' on a line perpendicular to US 41, thence southeasterly 480' along the southwest right-of-way US 41, South 45o West 1100', Vest 700', North 1410' along section line to P.O.D. Commencing at the Southeast corner of Section 20, Township 50, Rance 26 run West. 10201, North 6E01, East 240'. North 290', East 270', North 7801,. East. 3701, North 3001, Fast 1251, South 2050' along section 'line to P.O.B. Commencing at the Southeast corner of Section 22. Township SO, Rance 26, run north 860' a1$rng section line, Heat 580, to P.O.B. West 250', North 45 West 600', North 325', Fast 3901, south 45o East. 390', South 475' to P.O.H. Commencing at Northeast corner of Section 25, Township 50, Range 26, run South 1325' along section lane, ifest 1950' to p.O.B. south 515', Hest 4451, North 5151, East 445' to P.Q.B. Commencing at the Southeast corner of Section 25, Township 50, Range 26, run North 450' along section line, West 115S' to P.O.B. North 910', West 170', South 45o Hest 6401, South 45a', East 640' to P.C.B. ' Commencing at Northwest corner of Section 30. Township 50. -Range 26, run East 1240' along section line -,South 1930'. hest 12401, North 1930' aloha section line to 'P.O.B. Commencing at Northeast corner of Section 3, Township 51. Rance 26, run Southerly along East section line 420' to P.g.B. Thence Southerly 1150' along section Sine thence south 45 West 420' Nest 470', North 380'; North 45. West•550', North 45P Fast 12701 thence South 450 East to P.O.B. Commencing at the Northwest corner of Section�S, T*wnshig 51, Range 26, run Bast 1150' along North section line, South 220, East 16501, South 3501, Neat 6501, South 45o West 2201, Nest mot. south 450 west Boot, Hest to Nest section line, !forth along West section line to P.O.S. li� r.x ;a.1.: •. '. ' aL"ku.:9C�i+=.. ,..'.5.:•,y.:..jr''..�,_.._. :,f•. . - .. .. . Order: 5836135 L Page 26 of 28 Doc: FLCOLU638-00421 Requested By: bstjohn, Printed: 1/20/2022 2:52 PM Packet Pg. 507 9.A.2.f s fi38 Put 47 ., Commencing at the NorlhWVPL Coiner of Section 8, 11ovinship 51, Rwnka 26 run East 2000' along North erection line. South 550' South 45a East 25501. East to FasL section 11.ne, South to Southeast corner, West to Southwest, corner, North along West section lino to P 0.33 commencing a+ Southwest corner of Section 15, Township 51, Range 26, run North along West section line to Barefoot Williams Road, Sot►theastrrly along Barefoot Williams Road 14001, South to South section line, Vktst along South section line to P,O.b. Commencinq at Northeast corner or Section 16, Township 51, Range. 26, run West 1000, to P.o.u. south 4201, Fast 330' to barefoot Williams Road , thence southerly along Barefoot Williams Road 1500'. thence Fast to Fast section line. South along East section line to Southeast corner, Westerly 1180' along the South section Line, North 2.00'. West 280'. North 4801, West 3001, North 3201, West 360', North 440'. West 200', North 460', West 2801. North 1401, West 3001, North-4001, West 480', north 460', West 480', South 15601, ]Nast 3601. North 320', fast 200', South 3201. East 140', North 120',Fast 360', South 540' 1 West 4601, North 220'. West 300', South 400', East 54b'. South 2001, East 1801, South 2801, West 500', South 240' Westerly along South line of said section to Southwest corner, northerly along West line of said section to Northwest corner, 'Easterly along Worth section tine to F.O.R. rommeacing at the Northwest corner of Section 22, Township 51. Range 26, run easterly along North section line 28501, thence 5300 Zast 2000' the S60o Past 1300' thence East to Bast section line South to Southeast oorne`r.-west to South- west corner, North along West section line to P.O.B. Commencing at the southwest corner of section 23, Township 51 Range 26 run North along West section line 3060', thence East 550'.South 600 East $001, East to East section line, South along East section line to southeast corner, West on - South section line to P.O.R. Commencing at Southwest corner of Section 24, Township 51. Range 260 run North along West section lice 31001, Salt 6000,. South 60 Fast 1750', East 600', South 45 East to South section line, Went along South section line to P.0_8. C ';V ;i. 1 1 Order: 5836135 Page 27 of 28 Requested 6y: hstjohn, Printed: 1/20/2022 2:52 PM Doc: FLCOLL:638-00021 Packet Pg. 508 9.A.2.f SECTION TWO: p(! PACE 48 This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. Dated:_ _ December 9, 1975 BOARD OF COUNTY COMMISSIONERS COLLIER COt%TY, FLORIDA • By da"Oki __. Rude Wimer, C man ATTEST: MARGARET T. SCOTT, CLERK Approved as to,form and legality: Dbnald A. Fickw County Attoraey 'I fir.;: •' �'� 'rtt. OD11110 /1OM00 . Y00Y0011 1i 1. t. OtOR .. ',�_�r-•r .s •,y l .. .a5�,1 ��±a �.1�i Y..hk.Yia7lra�..:: :.. .,...... .... :... w .w r.v.. ...... . . ._. ... . .-.;r.:r..nr. Y j•�4. Order: 5836135 Page 28 of 28 Requested By Doc: FLCOLL:638-00021 a o: m W c J J LO O 00 M 0 0 0 N N O N J a rn M O ti Printed: 1/20/2022 2:52 PM Packet Pg. 509 9.A.2.f Environmental Impact Statement JLM Living East Residential Planned Unit Development Prepared for JLM Living C/O Dan Deichert CEO 3839 Bee Caves Road # 205 Austin, TX 78746 1 Feb 2023 Packet Pg. 510 9.A.2.f Table of Contents 1.0 INTRODUCTION ................................ Page 3 2.0 EXISTING SITE CONDITIONS ................................ Page 4 2.1 Soils .............................Page 4 2.2 Vegetation and Habitat Potential ........................... Page 5 2.2.1 Uplands ............................ Page 5 2.2.2 Wetlands ............................ Page 5 2.2.3 Habitat Potential ............................ Page 6 3.0 PROTECTED/LISTED SPECIES 3.1 Wildlife 3.2 Vegetation 4.0 NATIVE VEGETATION PRESERVATION 5.0 SUMMARY ............................ Page 6 ............................ Page 6 ............................ Page 7 ........................... Page 7 ............................ Page 7 ., a w a� J 2 J LO O co M O O O N N O N J a Cn M O N Packet Pg. 511 9.A.2.f 1.0 INTRODUCTION The JLM Living East Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001 and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Sundance St. on the south and Ventana Point development on the east. The latitude/longitude information for the center of this site is 26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52 seconds West. The developer of this project is: JLM Financial Partners Dan Deichert CEO # 205 3839 Bee Caves Road Austin, TX 78746 The project planner is: Wayne Arnold, Planning Director Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Warnold(@gradyminor.com The project engineer is: Grady Minor P.E. Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Gminor(cDgradyminor.com The project ecologist is: Brown Collins Synecological Analysts® Inc. 2159 Morning Sun Lane Naples, FL 34119 brown(@synecol.com The proposed project is to develop a multifamily residential development. Packet Pg. 512 9.A.2.f Synecological Analysts® (SAI) conducted an Environmental Assessment on this site. This document responds to the Collier County requirement of an Environmental Assessment Report. SAI evaluated this property to determine distribution, extend and character of vegetational communities. Habitat types, jurisdictional wetland status, potential or presence of listed species and suitability of the on site habitat for listed species habitat were also evaluated. Soil types, distribution and extent were determined to assist in the other evaluations. Findings and conclusions are presented in subsequent portions of this document. We also include a Phase One Environmental Assessment done by RMA GeoLogic Consultants, Inc. 2.0 EXISTING SITE CONDITIONS The proposed development consists is an assemblage consisting of five parcels. The northern half of this parcel is relatively undisturbed, with a few depressional trails that may well have their origin as fire lanes during wildfire control efforts years ago. The southern portion of this assemblage is cleared in large part by activities decades ago. The four residences and associated outbuildings occur near the center of this site. This is not a pristine site that approximates the pre -development character of this general area. Plant communities and habitat have been impacted over time. A variety of exotic vegetation are present but do not dominate any significant portion of the site. Regional and area drainage has been massively disrupted, by regional and local drainage projects decades ago. Plant communities and land uses were identified according to the Florida Department of Transportation (FDOT1991) Florida Land Use, cover and Forms Classification system (FLUCCS as modified for SFWMD,2002) protocol. The FLUCCS Exhibit on the following page identifies and delineates extant communities and land use. These are presented as Habitat Types and a description of their character on this site is presented in the following sections. 2.1 Soils This site is not edaphically complex. Rivera fine sand, limestone substratum comprising approximately half of the site while the Cypress Lake, limestone substratum comprises the remainder. A general description of the character of these soils is presented in Appendix A. The combination of regional drainage impacts, a primary canal bordering the site to the north and nearby on the west, road drainage and development, and agricultural drainage networks for this portion of Collier Co. have drastically altered the original hydrologic character of these soils by fracturing the cap rock that perched the shallow water table for much of the dry season historically.. Originally these soils occurred on drainage ways on marine terraces in dip landform position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of the Cypress Lake series and 50" for the Riviera soils. Packet Pg. 513 o 433800 26o 16 26" N 1 260 1555" N 433800 433900 434000 434100 434200 3 Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet. Fi Meters N 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Collier County Area, Florida (JLM East soils) 433900 434000 434100 434200 9.A.2.f o 260 16' 26' N N UJI C J J u7 O O M O O O N N O N J ♦Z O M O h N r Q C N L Q 260 1555" N 434400 3 M 1 P Packet Pg. 514 Soil Map —Collier County Area, Florida 9.A.2.f JLM East soils Map Unit Legend Map Unit Symbol Map Unit Name Disturbed Percent of AOI 102 Cypress Lake fine sand -Urban No 55.1% land complex, 0 to 2 percent slopes Matlacha-Cypress lake -Urban No 121 0.2% land complex, 0 to 2 percent slopes 131 Riviera fine sand, limestone No 44.7% substratum -Urban land complex, 0 to 2 percent slopes Totals for Area of Interest NONE 100.0% USDA Natural Resources Web Soil Survey 10/19/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Packet Pg. 515 9.A.2.f 3.0 VEGETATION AND HABITAT POTENTIAL 2.1 Uplands There are approximately 22.1 ac of likely upland communities in this assemblage There are six land use types identified on these parcels. Some are discrete and some are in combination with another upland FLUCCS type. They are shown on the FLUCCS map that follows this page. They are discussed in numerical order. 1100 - Low Density Residential - There are four houses on this assemblage that all appear to constructed in the 1980's. They and the out buildings associated with these residences cover approximately 0.67 ac. 2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near the center of the property. During the wet season, it is frequently inundated but displays it tame pasture characteristics with increased vigor in the dry season. 4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone dominant on this site. It is found at the Southeast corner of the assemblage in conjunction with tame pasture. These Slash pine are mature and created a Pine Savanna viewscape when combined with the Tame Pasture community component in this FLUCCS combination. There are approximately 9.06 of this type in this assemblage. 4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but as it is often found, in conjunction with either wetlands that are trending more xeric or naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This species occurs in both instances on this site. 6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a codominant undercanopy comprised of Cypress and Cabbage palm. Although not strictly a wetlands community, this FLUCCS type represents a transition between mesic upland and hydric sites. It is the most pristine of the on site communities which is surprising given its upland status on a site with significant wetlands communities. Historically it is often easier to access upland areas so they are the first impacted by human activity. 2.2 Wetlands 2.2.1 There are approximately acres 15.1 of wetlands FLUCCS categories on this site The community composition and structure is discussed below. FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond cypress of varying sizes and degrees of vigor. Most mature tree of this species are in decline as manifested by near total heart rot infestation throughout the mature tree component of this community. The Cabbage palm are consistent throughout, but not as Packet Pg. 516 9.A.2.f Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 6210-4280 Pine Flatwoods - Tame pasture Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 I CSYN!EC13L�AL ICLYSTS ENVISONMEWAL EVAILAMON AND ADVUC 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com n t. s i t : 'to ?4. � Y Immokalee Rd PROJECT: JLM East - Fluccs Map DATE: Oct 25, 2022 DRAWN BY: NW Site Location IDS n -z Q LO rt a cc w c J J u7 O 0 M O O 0 N N O N J a rn M O r` N N we S 0 100 200 300 400 ft Packet Pg. 517 1 9.A.2.f tall as many of the Cypress. The younger Cypress are more vigorous than the more mature ones, perhaps because they were recruited after the historic water levels were significantly altered and adapted their growth habits based on site conditions. The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of the shrub strata in this area. Because the controlling strata is the 100% native species canopy the entire FLUCCS is not designate an "E" status 6240 Wet - Cypress - Pine - Cabbage Palm - The composition of this wetland community is different from the upland areas of this FLUCCS designation. Mature cypress dominate the area along with a less dominant Slash pine community of veteran trees. Cabbage palm are present, but primarily in the shrub and undercanopy. 2.3 Habitat Potential This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a parsimonious herbaceous strata because of the dense tree canopy. Listed species evolved under native/natural conditions and strongly prefer these area. It is highly likely that Listed species that might frequent this site would be associated in one way or another with the canopy. Synecological Analysts® Inc. conducted a listed species survey of the referenced parcel. No sightings, sign or other evidence of any listed species was observed. Several Black bear scratch trees were observed. 4.0 PROTECTED/LISTED SPECIES SAI conducted Listed Species surveys in both August and September, 2022. A complete listing of potential species can be found at the following link on the Collier County website https://www.colIiergov.net/index.aspx?page=352. The habitat quality of vegetation on this site is of limited suitability for potential listed species because of the combination of small size, major roadway boundary, adjacent developed area and exotic components in the understory. 4.1 Wildlife No nest, sign, calls, tracks or other indication of Federal or State listed species were encountered on this site. Special interest were given to the fill area boundaries along Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the Eastern indigo snake. Nothing relating to these species was encountered on or adjacent to this site. The absence of a viable herbaceous strata of desirable forage combined with almost complete canopy coverage and near surface rock make the non slope portions of this site degrade its Gopher tortoise habitat value. Because of the large number of Pond cypress root rot cavities there is a potential for their use by tortoise and awareness of their potential presence, especially at the site margins to the north and south where the burrow to forage distance is potentially manageable for them. The closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress of fox squirrel has adequate habitat to utilize this site. This site is located in the Packet Pg. 518 9.A.2.f Secondary Florida Panther Zone is bounded surrounded by development on two sides and a major roadway on a third.. Panther use would involve traveling through commercial and/or residential areas and across Immokalee Rd, making utilization of this site very unlikely. The absence of mature pine forests within miles of this site, exotic dominance of much of the site vegetation combined with surrounding development preclude this site as Red -cockaded woodpecker habitat. A visual survey of potential cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none suitable above the shrub canopy. There are numerous root rot cavities at the base of Pond cypress tress but the dense Brazilian pepper shrub structure make use of these somewhat limited. These cavities were examined visually for FBB sign such as guano. None was found. This site is not located in or near the USWSW Proposed Critical Habitat area for this species. The are no American bald eagle nest within miles of this site. Protected wildlife species lists are included in Appendix A for reference along with consultation areas for bonneted bat, panther consultation areas and zone map and black bear nuisance call , including two apparently from residents of this assemblage. Management plans for select listed species and a map showing the proposed bonneted bat Critical Habitat Areas are also included. 4.2 Vegetation Beyond the already mentioned Federal regulatory agencies, three additional agencies with primary purview over listing or tracking plant species are the Florida Fish and Wildlife conservation Commission (FWC), the Florida Department of Agriculture and consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were used for SAI's surveys of this site. No listed plant species have been observed on this site during our recent survey. The previous site impacts along with enormous exotic shrub component on this site make listed plant species occurrence very unlikely. 5.0 NATIVE VEGETATION PRESERVATION Collier County LDC requires the preservation of native vegetation on projects such as the one proposed here. Using the criteria put forth in the LDC, it appears that approximately 9.3 acres of this site meet the criteria. This area is proposed as Native Retention. The proposed retention are abuts the adjoining preserved area to the east, provides N-S mobility for animals and offers a complementary mix of habitat diversity. The combination of with the adjacent natural area has a multiplier effect of our proposed Native Retention area. In other words, adjacent they increase the habitat quality of both areas. There is a significant Brazilian pepper component of the proposed preserve area. Controlling these and other exotics along with the improved hydration resulting from this development will increase the UMAM/WRAP values of this area. 7.0 SUMMARY The JLM Living West Residential Planned Unit Development is located in Section 25, Packet Pg. 519 9.A 0 Immokalee Rd'`- - Total site area 37.20 ac .. err-.:�>:_r�a-•. Folio 00190520005 - Indigenous 5YNEC'0LOGICAL PROJECT: Preserve map KNALY5T5 DATE: Jan 27, 2023 EHVI ROIiMCMRL EVALOATIO H AH 0 A W OC— 21F,9 Morning Sun Lane DRAWN BY: NW NAPLES, FLORIDA 34119 PHONE: i2391 514-31M www-synetol.com ►F n `. ti 0 100 200 300 400 fl Site Location Packet Pg. 520 9.A.2.f Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR 951/Immokalee Rd intersection on the south side of the road and is approximately 7.5 miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five parcels, Folio#'s 00191600005, 00191360002, 00191400001,0019144000 and 190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Ventana Development to the east and forested land on the south. No wetlands jurisdictional efforts have been conducted on this site. If wetlands are encountered during the Federal and State agency review of these two parcels, they will be evaluated and mitigated consistent with State and Federal permitting protocols. No animal species were observed and no suitable habitat exists for them on this parcel because of exotic vegetation dominance resulting from impacts to this land over the years as well as adjacent development on three sides. Approximately 9.3 ac of native habitat are proposed for preservation. The location and extent of this preserve area makes optimal use of site characteristcs as well as those of the development adjacent to the east. Packet Pg. 521 9.A.2.f APPENDIX A LO O O M O O O N N O N J a El LO C 0 E L V R r r a r-i C d t V R a Packet Pg. 522 9.A.2.f Listed species Survey JLM Living East Residential Planned Unit Development Prepared for JLM Living C/O Dan Deichert CEO 3839 Bee Caves Road # 205 Austin, TX 78746 27 Jan 2013 Packet Pg. 523 9.A.2.f Table of Contents 1.0 INTRODUCTION 2.0 EXISTING SITE CONDITIONS 2.1 Soils 2.2 Vegetation and Habitat Potential 2.2.1 Uplands 2.2.2 Wetlands 2.2.3 Habitat Potential 3.0 PROTECTED/LISTED SPECIES 3.1 Wildlife 3.2 Vegetation 4.0 NATIVE VEGETATION PRESERVATION 5.0 SUMMARY 6.0 APPENDIX A • Resume ................................ Page 3 ................................ Page 4 .............................Page 4 ........................... Page 4 ............................ Page 4 ............................ Page 5 ............................ Page 5 ............................ Page 7 ............................ Page 8 ............................ Page 9 ........................... Page 9 ........................... Page 9 ., a w a� J 2 J LO O co M O 0 0 N N O N J a Cn M O N Packet Pg. 524 9.A.2.f 1.0 INTRODUCTION The JLM Living East Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is approximately six miles east of the SR 951/Immokalee Rd intersection on the south side of the road. This assemblage consists of five parcels, Folio 00191600005,00191600005,00191360002,00191400001 and 00191440003.The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Sundance St. on the south and Ventana Point development on the east. The latitude/longitude information for the center of this site is 26 degrees, 16 minutes, 11.99 seconds North and 81 degrees 39 minutes, 34.52 seconds West. The developer of this project is: JLM Financial Partners Dan Deichert CEO # 205 3839 Bee Caves Road Austin, TX 78746 The project planner is: Wayne Arnold, Planning Director Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Warnold(@gradyminor.com The project engineer is: Grady Minor P.E. Grady Minor and Associates 3800 Via Del Rey Bonita Springs, FL 34134 Gminor@gradyminor.com The project ecologist is: Brown Collins Synecological Analysts® Inc. 2159 Morning Sun Lane Naples, FL 34119 brown(@synecol.com The proposed project is to develop a multifamily residential development. Synecological Analysts® (SAI) conducted a Listed Species Survey on this site. Packet Pg. 525 9.A.2.f This document responds to the Collier County requirement of an Protected/Listed Species Survey. We evaluated species characteristics, habitat and forage requirements along and travel/migration overlaid on the distribution, extend and character of vegetational communities on this site. Habitat types, jurisdictional wetland status, potential or presence of listed species and suitability of the on site habitat for listed species habitat were also evaluated. Soil types, distribution and extent were determined to assist in the other evaluations. 2.0 EXISTING SITE CONDITIONS The proposed development consists of five parcels as presented earlier in this report. Regional, area and local drainage characteristics has been massively disrupted over time. Cycles of fire and renewal have been absent from this site for decades. Because of these and other related factors, the vegetation on this site is not a reflection of historic conditions. Plant communities and land uses were identified according to the Florida Department of Transportation (FDOTi991) Florida Land Use, cover and Forms Classification system (FLUCCS as modified for SFWMD,2002) protocol. The Exhibit on the following page identifies and delineates extant communities and land use. These are presented as Habitat Types and a description of their character on this site is presented in the following sections. 2.1 Soils This site is not edaphically complex. Rivera fine sand, limestone substratum comprises approximately half of the site while the Cypress Lake, limestone substratum composes the remainder. A general description of the character of these soils is presented in Appendix A. The combination of regional drainage impacts, a primary canal bordering the site to the north and nearby on the west, road drainage and development, and agricultural drainage networks for this portion of Collier Co. have drastically altered the original hydrologic character of these soils by fracturing the cap rock that perched the shallow water table for much of the dry season historically.. Originally these soils occurred on drainage ways on marine terraces in dip landform position on hydric or mesic lowlands. Rock is usually found within 36" of the surface of the Cypress Lake series and 50" for the Riviera soils. 2.2 Vegetation and Habitat Potential 2.2.1 Uplands There are approximately 21.6 ac of likely upland communities in this assemblage There are six land use types identified on these parcels. Some are discrete and some are in combination with another upland FLUCCS type. They are shown on the FLUCCS map that follows this page. They are discussed in numerical order.. 1100 - Low Density Residential - There are four houses on this assemblage that all Packet Pg. 526 o 433800 26o 16 26" N 1 260 1555" N 433800 433900 434000 434100 434200 3 Map Scale: 1:4,600 if printed on A portrait (8.5" x 11") sheet. Fi Meters N 0 50 100 200 300 Feet 0 200 400 800 1200 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map —Collier County Area, Florida (JLM East soils) 433900 434000 434100 434200 9.A.2.f o 260 16' 26' N N UJI C J J u7 O O M O O O N N O N J ♦Z O M O h N r Q C N L Q 260 1555" N 434400 3 M 1 P Packet Pg. 527 Soil Map —Collier County Area, Florida 9.A.2.f JLM East soils Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 102 Cypress Lake fine sand -Urban 25.5 55.1% land complex, 0 to 2 percent slopes Matlacha-Cypress lake -Urban 0.1 121 0.2% land complex, 0 to 2 percent slopes 131 Riviera fine sand, limestone 20.7 44.7% substratum -Urban land complex, 0 to 2 percent slopes Totals for Area of Interest 46.3 100.0% USDA Natural Resources Web Soil Survey 10/19/2022 Conservation Service National Cooperative Soil Survey Page 3 of 3 Packet Pg. 528 9.A.2.f appear to constructed in the 1980's. They and the out buildings associated with these residences cover approximately 0.67 ac. 2110 - Tame Pasture - This 0.50 ac area is just north of the houses running N-S near the center of the property. During the wet season, it is frequently inundated but displays it tame pasture characteristics with increased vigor in the dry season. 4110 - Slash Pine Flatwoods - This community type does not occur as a stand alone dominant on this site. It is found at the Southeast corner of the assemblage in conjunction with tame pasture. These Slash pine are mature and created a Pine Savanna viewscape when combined with the Tame Pasture community component in this FLUCCS combination. There are approximately 9.06 of this type in this assemblage. 4280 - Cabbage Palm - This FLUCCS type does not occur individually on this site, but as it is often found, in conjunction with either wetlands that are trending more xeric or naturally occurring mixed with Slash pine and Cypress in the 624 FLUCCS. This species occurs in both instances on this site. 6240 - Cypress - Pine - Cabbage Palm - This is dominated by Slash pine, there is a codominant undercanopy comprised of Cypress and Cabbage palm. Although not strictly a wetlands community, this FLUCCS type represents a transition between mesic upland and hydric sites. It is the most pristine of the on site communities which is surprising given its upland status on a site with significant wetlands communities. Historically it is often easier to access upland areas so they are the first impacted by human activity. 2.2.2 Wetlands 2.2.1 There are approximately acres 36.7 of wetlands FLUCCS categories on this site The community composition and structure is discussed below. FLUCCS 6210 - 4280 - E2 The canopy in this community is characterized by Pond cypress of varying sizes and degrees of vigor. Most mature tree of this species are in decline as manifested by near total heart rot infestation throughout the mature tree component of this community. The Cabbage palm are consistent throughout, but not as tall as many of the Cypress. The younger Cypress are more vigorous than the more mature ones, perhaps because they were recruited after the historic water levels were significantly altered and adapted their growth habits based on site conditions. The shrub stata is primarily Brazilian pepper that occurs throughout one third or so of this area. Exotics, primarily Brazilian pepper cover between 26% but less than 51 % of this FLUCCS type . Packet Pg. 529 9.A.2.f 2.2.3 Habitat Potential This site is dominated by mature trees in the canopy, exotics in the shrub canopy and a parsimonious herbaceous strata because of the dense tree canopy. Listed species evolved under native/natural conditions and strongly prefer these area. It is highly likely that Listed species that might frequent this site would be associated in one way or another with the canopy. Synecological Analysts® Inc. conducted a listed species survey of the referenced parcel. No sightings, sign or other evidence of any listed species was observed. Several Black bear scratch trees were observed. 3.0 PROTECTED/LISTED SPECIES SAI conducted Listed Species surveys in both May and June, 2022. Methodology The entire project site was field surveyed for protected species in using the FWC approved transect method. Transect spacing of 50' was employed throught. This survey covered 100% of this site. In addition to the transect observations, unvegetated sandy areas near the fence lines were checked for sign early in the morning. The site was observed aerially at low altitude using drone technology to check for additional indicators. Because the entire site was surveyed completely concerns regarding small linear communities and ecotonal areas were addressed thoroughly. The Transect Location Map shows surveyed transects. The survey was conducted by Mr. Brown Collins and Mr. Derry Stockbridge. Mr. Collins has a B.S. in Range Science (69) and a MS in Range Science with a specialty in Plant Ecology (72). His curriculum included 24 hours of wildlife science courses and 30 hours of plant ecology. Another 12 hours included taxonomy in these areas. He was employed by the US Soil Conservation Service from 1972-74 as a Range Conservationist. He was a staff ecologist for Dames & Moore from 74-76. Most of his work assignments were out of Boca Raton and Bartow. From 1976 to 1986 he worked as a staff ecologist for Espey, Huston & Associates. He has been self employed as a consulting ecologist since 1986. During that time, he has conducted field surveys throughout Florida for both vegetation and faunal components for many projects, ranging from small commercial tracts to phosphate mines and power plants. His first southwest Florida project was the permitting of an Exxon drilling pad in the Big Cypress National Preserve in 1975. Other regional projects of interest include ecological surveys in conjunction with Stat 4/5 of the Everglades Restoration Project and the wetland impacts and mitigation for expansion of the Florida Gas pipeline, a number of local mining and development projects. Derry Stockbridge has a B.S. (70) and MS (73) in Wildlife Biology from the University of Georgia (Athens). He has been employed as a wildlife biologist by the Southeastern Cooperative Wildlife Disease Study Unit (72-73). He was a staff ecologist for Law Engineering (73-74), Woodward-Envicon (74), Dames & Moore (74-79). During that time he was a wildlife project manager for such projects as the Turkey Point Nuclear Power Plant and the Miami Jetport. Mr. Stockbridge formed and worked for Wildlife Packet Pg. 530 9.A.2.f Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 6210-4280 Pine Flatwoods - Tame pasture Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 I CSYN!EC13L�AL ICLYSTS ENVISONMENYAL EVAILAMON AND ADVOCACY 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com n t. s i t : 'to ?4. � Y Immokalee Rd PROJECT: JLM East - Fluccs Map DATE: Oct 25, 2022 DRAWN BY: NW Site Location IDS n -z Q LO rt a cc w c J J u7 O 0 M O O 0 N N O N J a rn M O r` N N we S 0 100 200 300 400 ft Packet Pg. 531 1 9.A.2.f Specialists, Inc. from 1979 through 2017. He has conducted dozens of species studies relative to Collier County projects as well as throughout south Florida from 1988 through 2022. He has been with Synecological Analysts® since 2017. A complete listing of potential species can be found at the following link on the Collier County website https://www.colIiergov.net/index.aspx?page=352. As discussed previously the habitat quality of vegetation on this site is not suitable for potential listed species. 3.1 Wildlife No nest, sign, calls, tracks or other indication of Federal or State listed species were encountered on this site. Special interest were given to the fill area boundaries along Immokalee Rd because these area are sometimes frequented by Gopher tortoise or the Eastern indigo snake. Nothing relating to these species was encountered on or adjacent to this site. The absence of a viable herbaceous strata of desirable forage combined with almost complete canopy coverage and near surface rock make the non slope portions of this site degrade its Gopher tortoise habitat value. Because of the large number of Pond cypress root rot cavities there is a potential for their use by tortoise and awareness of their potential presence, especially at the site margins to the north and south where the burrow to forage distance is potentially manageable for them. The closed canopy combined with the exotic shrub canopy make it unlikely the Big Cypress of fox squirrel has adequate habitat to utilize this site. This site is located in the Secondary Florida Panther Zone is bounded surrounded by development on two sides and a major roadway on a third.. Panther use would involve traveling through commercial and/or residential areas and across Immokalee Rd, making utilization of this site very unlikely. The absence of mature pine forests within miles of this site, exotic dominance of much of the site vegetation combined with surrounding development preclude this site as Red -cockaded woodpecker habitat. A visual survey of potential cavities suitable for use by Eumops floridanus (Florida bonneted bat) found none suitable above the shrub canopy. There are numerous root rot cavities at the base of Pond cypress tress but the dense Brazilian pepper shrub structure make use of these somewhat limited. These cavities were examined visually for FBB sign such as guano. None was found. This site is not located in or near the USWSW Proposed Critical Habitat area for this species. The are no American bald eagle nest within miles of this site. Protected wildlife species lists are included in Appendix A for reference along with consultation areas for bonneted bat, panther consultation areas and zone map and black bear nuisance call , including two apparently from residents of this assemblage. Management plans for select listed species and a map showing the proposed bonneted bat Critical Habitat Areas are also included. 3.2 Vegetation Beyond the already mentioned Federal regulatory agencies, three additional agencies with primary purview over listing or tracking plant species are the Florida Fish and Wildlife conservation Commission (FWC), the Florida Department of Agriculture and Packet Pg. 532 9.A.2.f consumer Services (DFDACS), Division of Plant Industries (DPI). Relevant list were used for SAI's surveys of this site. No listed plant species have been observed on this site during our recent survey. The previous site impacts along with enormous exotic shrub component on this site make listed plant species occurrence very unlikely. 4.0 NATIVE VEGETATION PRESERVATION Collier County LDC requires the preservation of native vegetation on projects such as the one proposed here. Using the criteria put forth in the LDC, it appears that approximately 9.3 acres of this site meet the criteria. This area is proposed as Native Retention. The proposed retention are abuts the adjoining preserved area to the east, provides N-S mobility for animals and offers a complementary mix of habitat diversity. The combination of with the adjacent natural area has a multiplier effect of our proposed Native Retention area. In other words, adjacent they increase the habitat quality of both areas. 5.0 SUMMARY The JLM Living West Residential Planned Unit Development is located in Section 25, Township 48 Range 26 in Collier County, FL. This site is two miles east of the SR 951/Immokalee Rd intersection on the south side of the road and is approximately 7.5 miles E from US 75 and 0.4 mile E from CR 951. This assemblage consists of five parcels, Folio#'s 00191600005, 00191360002, 00191400001,0019144000 and 190520005. The site is bounded by Immokalee Rd. To the north, Naples Classical Academy to the west, Ventana Development to the east and forested land on the south No wetlands jurisdictional efforts have been conducted on this site. If wetlands are encountered during the Federal and State agency review of these two parcels, they will be evaluated and mitigated consistent with State and Federal permitting protocols. No animal species were observed and no suitable habitat exists for them on this parcel because of exotic vegetation dominance resulting from impacts to this land over the years as well as adjacent development on three sides. Packet Pg. 533 9.A.2.f Fluccs Description Area (ac) 1100 Low density residential 0.67 2110 Tame Pasture 0.50 4110-2110 Pine Flatwoods - Tame pasture 6210-4280 Cypress -Cabbage Palm 9.06 11.59 6240 Cypress - Pine - Cabbage Palm 11.89 6240-WET Cypress - Pine - Cabbage Palm 3.49 Total: 37.20 ® Property boundary 50' species transect .= Fluccs area s i CSYNECDL 0 r. I'CAL INALYSTS ENVISONMENYAL EVAILAMON AND ADVOCACY 2159 Moming Sun Lana NAPLES, FLORIDA 34119 PHONE: (239) 5143998 w .synecol.com ?4. � Immokalee Rd PROJECT: JLM East - Species Transect Map DATE: Oct 25, 2022 DRAWN BY: NW Site Location IDS n -z Q LO rt 0 a cc w c J J 0 0 0 M O O 0 N N O N J a rn M O ti N N we S 0 100 200 300 400 ft Packet Pg. 534 1 9.A.2.f Listed Species Management Plan PUDZ-PL20220003807; JLM Living East RPUD Collier County, FL Synecological Analysts® Inc. Is pleased to present this plan to support of the referenced submittal. 1.0 Purpose -This Listed Species Management Plan is generated in part to comply with CCME Objective 7.1 including how these species will be protected or accommodated, and how appropriate on site habitat will be provided in perpetuity. Nuisance species such as Black Bear will be included in this discussion because they are an operational fact in both pre and post development conditions. 2.0 - Florida Panther Management Plan - This site is within the Federal Consultation Zone for this species and the appropriate consultation will occur during the Federal and State permitting processes. The site conditions in their current and proposed post construction condition are not high quality Florida panther habitat. They prefer more open area such as Slash pine - Cabbage palm savannah. The relatively closed canopy, dense exotic shrub component in all the wooded areas limit forage or residence of this species in the current status of this site. Post development there will be the native preservation along the eastern margin of the project area. This preservation area will have limited exotic composition, is adjacent to the preserve area of the parcel adjacent to the east. Any required impact offset for this species will be accommodated during the Federal and State permitting processes. The net result is there will be a higher quality native preservation area in the post condition status of this site than currently exists. Any negative impacts to this species will be handled during permitting with the relevant Federal and State agencies. During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs of both mature panther and cubs, along with guidance of how to respond if either are sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 3.0 Florida Bonneted Bat Management Plan - This site is within the Federal Consultation area for this species but is not included in the proposed Federal Critical Habitat Area designation for this species. Federal and State permitting processes may require more in depth surveys regarding this species. This management plan is designed to prevent adverse outcomes for individuals of this species or their habitat. Packet Pg. 535 9.A.2.f During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs along with guidance of how to respond if sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 4.0 Florida Black Bear Management Plan - This species is Nuisance rather than listed, but because of it site use currently and likely presence post construction it is included in this presentation. During construction, the applicant will provide informative material regarding the potential presence of this species, typical photographs along with guidance of how to respond if sighted or sign observed. This information will be posted on break room and construction site bulletin boards. Contractors will be briefed using these materials prior to construction activities. Special emphasis will be given to food storage and organic wastes disposal. Post construction the applicant will provide preserve area listed species annual monitoring for three years. Items relative to this species will compose a dedicated section of these monitoring reports. These monitoring reports will be submitted to appropriate County staff on the anniversary month of issuance of the Federal approval for construction of this project. 5.0 Preserve Area Native Habitat Will Be Preserved in Perpetuity - The proposed Preserve Area shown in the Figure on the following page will be managed to control exotics. This will result in higher quality habitat for all species, including those listed earlier in this plan. Quality of this habitat along with exotic presence and species survey will be monitored annually for three years post construction and the results presented to appropriate Collier County staff. 6.0 Summary - The species included in this Plan will be accommodated and protected during and after construction of this proposed project. Native habitat will be preserved in perpetuity, managed to control exotics and monitored annually for three years post construction. The combination of these activities and efforts will minimize negative impacts to the species included in this plan. Packet Pg. 536 I 9.A.2.f I • 5 ite Location 0 Florida Panther Focus Area 5YNEC1LOGICAL KNALY5T9 EHYI REIMMEWAL EV UATO4"0 AWEICA 21F,9 Ming Sun Lane NAPLES, FLORIDA 34119 PHOME: (2391514-31M www-synetol.com m N PROJECT: JLM East- Florida Panther Focus Area DATE: Oct 20, 2022 DRAWN BY: NW N 3 5 10 mi Packet Pg. 537 1 I 9.A.2.f I 11 • Site Location 0 Florida Bonneted Bat Consultation Area PROJECT: JLM East - Florida Bonneted Bat Consultation Area SYN ECE}LOG I C AL DATE: Oct 20, 2022 NALYST5 E V-Mal1wEMAL [VAEllAMN MD ANDEW 2159 Moming Sun Lana DRAWN BY: NW NAPLES, FLORIDA 34119 PHONE: IVA) ZU-3990 www.syn9t01.Cam N w S D 5 10 mi Packet Pg. 538 1 9.A.2.f 35540 Federal Register/Vol. 85, No. 1121 Wednesday, June 10, 2020 / Proposed Rules (5) Note: Index map follows: Index Map of Critical Habitat Units for Florda Bonneted Bat (Eumops floridanus), Florida I Atlantic Ocean Unit 1 Unit 2 i Unit 3 Unit 4 Gulf of Mexico + Florida ® Critical Habitat Area of Detail L 20 4,1 90 Kllometara 1 I I I • ' B 20 4e 60 Miles BILLJNG CODE 4333-15-C (6) Unit 1: Peace River and surrounding areas; Charlolle, DeSolo, Hardee, and Sarasota Counties, Florida. (i) General description: Unit 1 consists of 19,55o ha (48,310 ac) of lands in Charlotte, DeSoto, Hardee, and Sarasota Counties, Florida. This unit is located along the Peace River and its tributaries (e,g., Charlie Creek), south of CR-64, with the majority generally west of US-17. Land ownership within this unit consists of approximately 4,537 ha (11,212 ac) of State-owned land, 119 ha (295 ad of County -owned land, 13 ha (32 ac) of locally owned land, 14,087 ha (34,810 ac) of private and other lands, and 793 ha (1,960 ac) of land of unidentified ownership. The largest land holding within this unit is the RV Griffin Reserve. Other smaller conservation lands also occur within this unit. BILLING} CODE 4333-15-P Packet Pg. 539 I 9.A.2.f I )II A' LEE ROAD � 4 4 3 W E - a o 411-E2 C.83 ACJ f -- 0 150' 300' SCALE: 1" = 300' TOTAL SITE (37.20 AC.) ''},p WETLAND RR 211H HYDRIC IMPROVED PASTURES 0.33 621 E1 CYPRESS (0-25%) JIM 824-E2 CYPRESS, PINE, CABBAGE PALM(26-50%) 9.97 TOTAL 21.86 AC. UPLAND 624-E2 110 RESIDENTIAL - LOW DENSITY 12.51 411-E2 PINE FLATWOODS (26.50% EXOTICS) 2.83 (9.97 AC.) _ TOTAL 15.34 AC. PROPERTY BOUNDARY PROPERTY BOUNDARY I - L « « « « « « « « « « « « « « « « « « « « I« « « « « « « « « « « « « « « « « « « (11.56 AC.) 211 H (0.33 AC.) 0fi21-E1 � _ f .. S.♦E- 1 V i ♦ ..-vyy. f. tom' ar 110 (12.51 AC.)� PROPERTY BOUNDARY JLM EAST S` JOB CODE: FLUCFCS MAP -IRE DATE: JUNE 2023 Collier Environmental Consultants Inc. FILE NANE 6 a N W J 2 J r LO O O M O O O N N O N J d O� M 0 N 3211 68th Street S.W. 239.263.2687 Naples, Florida 34105 marooe@pmdigy.net Packet Pg. 541 9.A.2.f PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number JLM WEST 624 E2 9.97 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A. Espinar 3/7/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed 5W(6)(a) Location and Landscape Support pros or 5 500(6)(b)Water Environment (nla for uplands) ro pres or current with 5 I .500(6)(c)Community structure Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functlons water functions waterfunctions BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE WEST, EXOTIC LEVEL 26 - 50% ALTERED HYDROLOGY 1. Vegetation and/or EXOTIC LEVEL 26- 50%, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY ALONG NORTHERN 2. Benthic Community BOUNDARY, URBAN AREA, MATURE CYPRESS go pres or current with 6 1 r Score = sum of above soores/W (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = = w/o pres with Adjusted mitigation delta = FL = delta x acres 0.53 If mitigation Delta = [with -current] Time lag (t-factor) _ Risk factor = For mitigation assessment areas RFG = deRa/(t-factor x risk) = Form 62-345.900(2), F.A.C. [effective date 02-04-2004] Packet Pg. 542 9.A.2.f PART Il - Quantification of Assessment Area (impact or mitigation) (See Sections 62,345.500 and .600, F.A.C.) SWProject Name Application Number Assessment Area Name or Number JLM EAST 621 E1 total 11.56 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A, Espinar 617/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetland/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions .500(6)(a) Location and Landscape Support /o pros or current with 5 BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE EAST, EXOTIC LEVEL 0- 25% .500(6)(b)Water Environment (n/a for uplands) ALTERED HYDROLOGY !o pres or current with 5 .500(6)(c)Community structure 1. Vegetation and/or EXOTIC LEVEL 0 - 25%, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY ALONG NORTHERN 2. Benthic Community BOUNDARY, URBAN AREA /o pres or current with 5 Score = sum of above scoresf30 (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o mes with FL = delta x acres = Adjusted mitigation delta = 0.5 It mitigation Delta = [with-currentl Time lap (t-factor) _ Risk factor = For mitigation assessment areas RFG = deW(t-factor x risk) _ Form 62-345.900(2), F.A.C. [effective date D2-04-2004] Packet Pg. 543 9.A.2.f PART 11 — Quantification of Assessment Area (impact or mitigation) (See Sections 62-345.500 and .600, F.A.C.) Site/Project Name Application Number Assessment Area Name or Number JLM EAST 211 H Total 0.33 acres Impact or Mitigation Assessment conducted by: Assessment date: IMPACT Marco A. Espinar 6/7/2023 Scoring Guidance The scoring of each indicator is based on what would be suitable for the type of wetland or surface water assessed .500(6)(a) Location and Landscape Support pres or 3 .500(6)(b)Water Environment (n/a for uplands) ro pres or current with 5 1 .500(6)(c)Community structure Optimal (10) Moderate(7) Minimal (4) Not Present (0) Condition is less than Condition is optimal and fully optimal, but sufficient to Minimal level of support of Condition is insufficient to supports wetland/surface maintain most wetiand/surface water provide wetland/surface water functions wetland/surface functions water functions waterfunctions BORDERED BY IMMOKALEE ROAD, PRESERVE AREA TO THE EAST, SCHOOL TO THE WEST ALTERED HYDROLOGY 1, Vegetation and/or CLEARED OF VEGETATION, SHOOTING RANGE, LIMITED WILDLIFE UTILIZATION, BUZY ROADWAY 2. Benthic Community ALONG NORTHERN BOUNDARY, URBAN AREA v/o pres or current with 3 I Score = sum of above score&1W (if If preservation as mitigation, For impact assessment areas uplands, divide by 20) current Preservation adjustment factor = r w/o ores with FL = delta x acres = Adjusted mitigation delta = 0.37 It Mitigation Delta = [with -current] Time lag (t-factor) _ Risk factor = For mitigation assessment areas RFG = deha/(t-factor x risk) = Form 62-345.900(2), F.A.C. [effective date 02-04-2004] Packet Pg. 544 (andM ISe3 6ulAl-1 Wlf — 508£000ZZOZ-ld 6£OLZ) lepejew dnjoe8;ueoilddd - g;uauay3e;;d :juewLjoe;;d L, i v L - - (L , °D cn rn ' � U U 0 U- L 0) m r J , W Z O N Z _C H H J m c� E- Z=3 Oa V o c o W n _ U) m Z co ■ L i 9.A.2.f PA SCO HILLSBOROUGH w ". "j MANATEE SARASOTA LAKE ORANGE E gin - -.," `Y'�M ti J OSCEOLA POLK i�'.�` BREVARD HARDEE DE 50T0 HIGHLANDS INDIAN RIVER OKEECHOBEE ST LUCIE V_ G Lake CHARLOTTE GLADES t " L. {f rLTEE HENDRY j ' PALM BEACH COLLIER --I BROYVARD / MONROE I WAMI DADE Legend 2019 Ftonda bonneted Bat Corrkftation Area I� South FW1da Urban Bal Area 0 12.5 25 50 Wes 7i R Figure 1. Florida Bonneted Bat Consultation Area. Hatched area (Figure 2) identifies the urban development boundary in Miami -Bade 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. 4 i 11 to IC W aI C J J LO O O M O O O N N O N J 11 CD M O ti N Packet Pg. 546 Packet Pg. 547 9.A.2.f TABLE OF CONTENTS Conclusions 2 Table A - Committed Transportation Improvements 3 Methodology 3 Scope of Project 4 Table B - Proposed Land Use 4 Figure 1 - Location Map 4.1 Master Concept Plan 4.2 Project Generated Traffic 5 Table C - Net New Site -Generated Trips 5 Table 1 - Trip Generation Computations 5.1 Existing + Committed Road Network 6 Project Traffic Distribution 6 Area of Significant Impact 6 Figure 2 - Project Traffic Distribution 6.1 Table 2 - Area of Impact/Road Classification 6.2 2022 thru 2027 Project Build -out Traffic Conditions 7 Table 3 - 2022 & 2027 Link Volumes 7.1 Table 4 - 2027 Link Volumes/Capacity Analysis 7.2 Appendix 8 1 a Packet Pg. 548 9.A.2.f Conclusions Based upon the findings of this report, it was determined that JLM East RPUD will not adversely impact the surrounding road network or cause any roadways to operate below their adopted level of service standard. It was determined that the future 2027 background traffic demand on the segment of Immokalee Road that will be directly accessed by the project is forecasted to exceed the road's adopted level of service standard regardless of the proposed project, but only if no mitigation action is taken. More specifically, in order to maintain acceptable levels of service along Immokalee Road, Collier County Government has funded the construction of a parallel road (i.e., Vanderbilt Beach Road Extension) that is expected to substantially reduce traffic demand along all segments of Immokalee Road. The initial construction of the parallel route will consist of four -lanes (between Collier Blvd and Wilson Blvd) and two -lanes (between Wilson Blvd and Everglades Blvd) within the ultimate six -lane footprint. Construction is expected to be complete by the year 2026. Although the project does not adversely impact any roads or cause any roads to operate below the adopted LOS standard, 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 project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. 2 Packet Pg. 549 9.A.2.f Committed 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. Transportation improvements that are currently funded are considered to be committed improvements for this study are described below in Table A. Table A Committed Transportation Improvements Transportation Improvement Status Notes Vanderbilt Beach Road Ext (C.R. 951 to Wilson Blvd) Funded Reduces traffic demand on (New 4-lane divided road within 6-lane footprint) Immokalee Road Vanderbilt Beach Road Ext (Wilson Blvd to Everglades) Funded Reduces traffic demand on (New 2-lane undivided road within 6-lane footprint) Tmmokalee Road Methodology On Jan 2, 2023, 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 SDP application. A copy of the TIS methodology has been provided in the appendix (refer to pages M1 thru M10). 0 a y LU W co J O M O O O N N O N J a Packet Pg. 550 9.A.2.f Scope of Project JLM East RPUD is a proposed residential rental development that will consist of no more 350 dwelling units that will consist of single-family rental units and multi -family rental units. It is estimated that the final unit count will be 66 multi -family and 284 single- family, but those estimates are subject to change. Regardless of any variation to the estimated number and type of units, the final build -out will be restricted by the PUD's established trip cap of no more than 314 two-way PM peak hour trips. The site is located on the south of Immokalee Road and to the immediate west of Richards Street, within Collier County, Florida. The project proposes to construct one (1) right-in/out access on Immokalee Road. JLM East RPUD is expected to be completed by or before the year 2027. For additional details, refer to the Master Concept Plan (page 3.1). Table B Proposed Land Use Proposed Land Uses' Number of Units Multi -Family 0 to 350 d.u.'s (Subject to change but limited by trip cap) Single -Family 0 to 341 d.u.'s (Subject to change but limited by trip cap) Totals Max = 350 units 'The traffic study is based upon an estimate that there will be 66 multi -family and 284 single-family units, which is subject to change. Regardless of the final unit count, the number and type of units will be limited to a maximum trip cap of 314 two-way PM peak hour trips and a maximum of no more than 350 dwelling units. 4 Packet Pg. 551 9.A.2.f �f] rn of U L a y 0 a O CD O � L Q} }I � U a Immokolee Rd i i i i i i i i ■ ode U. I OA. Lan. ode s. refT a Farm Road Wolfe Ro d I Vanderbilt Be� h Rd i I i i i i 6 4 m c a Q) J Pine Ridge Road i ---------- i 1 i m a 0 >. o °' W NORTH O O N.T.S. O� O v 3 L '0 2 � r come U O U Y] 0, O O V) O CL L O U � 3 O m N (n C cr o t T Vanderbilt Beach Rd b 0:I1 Golden Gate Boulevard White Boulevard I Golden Gate Parkway I LEGEND 5-YR FUNDED IMPROVEMENT -- — -- " 6-LANE ARTERIAL i 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOCAL RAIL ROAD — • • — JMTRANSPORTATION ENGINEERING, INa. JLM East RPUD Project Location & December 22, 2022 Roadway Classification FIGURE 1 4.1 Packet Pg. 552 I 9.A.2.f I IMMOKALEE ROAD MINIMUM 6-FOOT WIDE LANDSCAPE `, BUFFER RESERVATION (SEE NOTE #2) 74 20' WIDE TYPE ----'I1 R 'D' LANDSCAPE BUFFER POTENTIAL VEHICULAR/PEDESTRIAN INTERCONNECTION I ZONED: A (RFMUO-RECEIVING LANDS) oI USE: CHARTER SCHOOL m —I �I R Cn - oo zIlof DPI R m 00I c ;I MI I I I I� I R I' ZONED: A (RFMUO-RECEIVING LANDS) LAMORADA (PB 59, PG 1-15) USE: RESIDENTIAL I ilR �I R I 1 10' WIDE TYPE 'D' LANDSCAPE I C� BUFFER LEGEND: R RESIDENTIAL AA AMENITY AREA ZONED: E# EASEMENT (SEE NOTE SHEET) USE: m o.OradyMlaor P.A. GradyMinor '.illflfl \i.i Url ICr.y Ronlld Sprin;;a. HWrkln 34 134 Civil Engineers Land Surveyors Planners Landscape Architects Cert. oFAuth. EB 0005151 Cert. oFAuth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 It wit. f. radyt/innr.cnm Fort Myers: 239.690.4380 il Cn rr .�� PRESERVE`. il �LL'LL'LL`LL'LL'LL` /•LL•LL•LL•LL•LL•LL•LL•LL• . m -�-PRESERVE:LL.LL � •. m `• r '- D D Z a ZONED: VENTANA POINTE RPUD (PB70, PG 5-9) USE: PRESERVECn m LAKE m'• 30' PUBLIC ROAD ROW (OR2116 PG2240) ZONED: VENTANA POINTE RPUD LAKE \LL.• (PB70, PG 5-9) USE: RESIDENTIAL 25' VENTANA POINTE LBE DATE E R ��i err R i LAKE R rfi err N R SUNIIANrF SET A (RFMUO-RECEIVING LANDS) o tso' soo' LAMORADA (PB 59, PG 1-15) SCALE: 1" = 300' GOLF COURSE JLM LIVING EAST RPUD SCALE: SOH CODE: EXHIBIT C LMLE MASTER PLAN E„O xa;,E: 2D22 REVISED JUNE 8, 2023 - I Packet Pg. 553 1 9.A.2.f Project Generated Traffic Traffic that can be expected to be generated by JLM East RPUD was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 11 th Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use codes Single -Family (LUC 210) and Multi -Family (LUC 220), were most appropriate in estimating the new trips. The traffic study is based upon an estimate that there will be 66 multi family and 284 single-family units, which is subject to change. Regardless of the final unit count, the number and type of units will be limited to a maximum trip cap of 314 two-way PMpeak hour trips and a maximum of no more than 350 dwelling units. As determined, the project will generate 236 vph and 314 vph new trips during the AM and PM peak hours, respectively. Table 1 depicts the computations performed in determining the total new trips. Table C provides a summary of the trip generation computation results that are shown in Table 1. Table C Site -Generated Trips (Summation of Table 1) New Daily Weekday New AM Peak Hour New PM Peak Hour Trips Generated Trips Generated Trips Generated (ADT) v h 3,134 236 314 The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. Packet Pg. 554 9.A.2.f TABLE 1 TRIP GENERATION COMPUTATIONS AM East RPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 284 Units 220 Multi -Family (Low Rise) 66 Units Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total Trips Trips Enter Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 2,636 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 193 vph 50 / 143 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 265 vph 167 / 98 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 498 ADT AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 43 vph 10 / 33 vph 24% Enter/ 76% Exit = PM Peak Hour (vph) = T = 0.43(X) + 20.55 = 49 vph 31 / 18 vph 63% Enter/ 37% Exit = TOTALS Daily Traffic (ADT) = 3,134 ADT AM Peak Hour (vph) = 236 vph 60 / 175 vph PM Peak Hour (vph) = 314 vph 198 / 116 vph ,� i Packet Pg. 555 9.A.2.f Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C roadways. Table 2 also depicts the adjacent roads' respective minimum level of service performance standards and capacity. The principal arterial that will provide immediate access to JLM East RPUD is Immokalee Road. Immokalee Road is classified as a six -lane divided arterial. The road functions as a primary east/west interconnect between the northern Golden Gate Estates Area and northwest Collier County, as well as continues north/south to the Immokalee Community and interconnects with S.R. 29. Within proximity of the site, the posted speed limit of Immokalee Road is 45 MPH. Vanderbilt Beach Road Extension (will reduce traffic demand on Immokalee Road) Although this roadway will not be significantly impacted by the project, it should be noted that Collier County has funded Vanderbilt Beach Road Extension, which consists of a four -lane (between C.R. 951 and Wilson Blvd) and two-lane arterial (between Wilson Blvd and Everglades Blvd) that can be expanded to six -lanes. Vanderbilt Beach Road will substantially reduce traffic demands on Immokalee Road. Construction is expected to be complete by the year 2026. Project Traffic Distribution The project's traffic distribution was estimated by using the Florida Standard Urban Transportation Model Structure (FSUTMS) which yielded a distribution of 63% to/from the west and 36% to/from the east along Immokalee Road (refer to FSUTMS results in the Appendix -see page M11). As discussed with staff, the FSUTMS distribution is based upon a 30-year land use allocation outlook, which considers more commercial to the east of the site than currently exists or will be constructed over the next five (5) years. Therefore, it was agreed with staff that a 5-year planning horizon adjustment to the results using an 80/20 directional distribution was justified. Figure 2 and Table 2 provide a detail of the adjusted traffic distributions based on a percentage of trips generated. Table 2 also depicts the project traffic by directional volume. 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 roadway's adopted level of service capacity, then the project has a significant impact upon that link)_ Figure 2 depicts the project traffic distributions and Table 2 describes the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 6 Packet Pg. 556 9.A.2.f i13 'P 0 m o P m O m 35% o � 3�► Immokolee Rd ~'v 8i-807 ► i i i i i i i i ■ MOM wr La. qp. awa oa. m in i m .. _ I � I M re�T a Farm Road WoLh Ro d 15% IVanderl5iit=dRd m � P >+ o m X NUN I H � 00 N.T.S. a � a� 20% + r N O ' o a a` 0 of o In $ - a� o 0 s o U � N � w P J\ 15% Vanderbilt Beach Rd — -- o I Golden Gate Boulevard N O L N .4 N Pine Ridge llw�`+r— — — — — — — — — — P Green Boul 4) MI b (n) / i ,t .w. 3. ,3M A. ai White Boulevard Golden Gate Parkway I JLM East RPUD December 22, 2022 LEGEND 6�- Project Traffic Distribution by Percentage TRANSPORTATION ENGINEERING, INC. Project Generated I Traffic Distribution FIGURE 2 61 Packet Pg. 557 �I00 OOWO O ""zz zz}z z V o 0 0 0 0 0 0 y r N O 1- O (D 6) [') co Iti r c0 N 0] 0- C14 yC1 � Q p o 4 O O O 0 N ['7 C`) N C7 C7 V) s+ Y V) yy 7 w Z u G �{ QS S Y r M a In r M M N d C M cY 6] N O Z a+ z z w w w� w a. U a V L L a 0 01) a Q Y s��qr LoZo�'t M a a a L w O w d� y o o a o o a o p iq f� Lo O O il3 O O lC] 00 CV r W N m c w a v O 0E 0 QQ QQQQ Q o;QM a �o cnmMm M °° w 0 � plw w w w w w w a. °. in c 0Ulmc❑o c0mmm m c x uj W OD w m r r � a� m o � a 0 _� m U a, m U 0cud 11 II W ... rn a O w } J m G 7-le m 0 L 0 E mf, Q •" Q v > = J U V] J V C y [] e- N c- N 16 s N i O C)C7 n M C) V V V V �r r � a � CD 0 M z L0 16 m V V V al V O � 16 � v v CD N a YO 'p 9.A.2.f 2022 thru 2027 Project Build -out Traffic Conditions In order to establish 2022 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 and annual growth rate were derived from the 2022 Collier County AUIR Report. Using the annual growth rate, the 2022 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 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The 2027 vested trips "+" 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 2022 thru 2027 traffic conditions and the roadways' level of service and remaining available capacity. As determined, the future 2027 background traffic demand on the segment of Immokalee Road that will be directly accessed by the project is forecasted to exceed the road's adopted level of service regardless of the proposed project, but only if no mitigation action is taken. In order to maintain acceptable Ievels of service along Immokalee Road, Collier County Government has funded the construction of a parallel road (i.e., Vanderbilt Beach Road Extension) that is expected to substantially reduce traffic demand along all segments of Immokalee Road. The initial construction of the parallel route will consist of four -lanes (between Collier Blvd and Wilson Blvd) and two -lanes (between Wilson Blvd and Everglades Blvd) within the ultimate six -lane footprint. Construction is expected to be complete by the year 2027. As concluded, all other roads within the project's area of impact will operate at acceptable levels of service. 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 JLM East RPUD. Packet Pg. 559 and IsL3kA,n-ir-Ge8#2oEd,E2M @Neje mdmoee qddV -gm_q3ej#_pmV k ) / 7 / J°f��\�� § 04 * ~ $ ' n n R 7ILCL m I I ) / c § k k \ \ > W § G § � J / c \ / f \ / § \ \ Cj 0 > § CL e 2 \ ] « / \ ® \ \ \ J = 2/ g 2 0 0 0 & a a % W � /ƒ\ z m u w u u « / ° G ° ? C. ¥ § 2§= Q p c / 8\ m ¥ > — � N � /a � a N o &a \ § ) / > a / J � 6 f 3 2 ° a § 0 m — \ Q 2 ] $ m 4 -1 — « t a c 0')2 E c m \ e / t 2 § _9 d a C. S G? 4 J 0 z � j \ I- n § % R / ❑ m a \ m IL �e a k}0 k 6 f w o = n / r o s s— w Q § § a a m = > a $ § a / a-\ co cor r r n A / r \) § _ CD CD ] / / \ ) \ / � � Q k \ K n m *** e § a z / \ Lo co \ cis 0 k D ¢{ Q? m e ��0 \� U aLu J z z & u w$\ Q I 22 LLI \ } / @ a) a) $ c \ } \ $ � IL/ \ 4 § } \ / § o ❑ � j ƒ I A z m w w w w §{ / M ƒ J 2 © o CN 0 2=» / w o= R m \ f Q ] / f / / / \ 2 R § Q Q fL /m \om ao m a/ -d 0 k 0 \ * O q � 2 = o # ) $ CD = \ \ \ \ \ \ } ° ) LL 0 a =Lu7 \ro C 7 \ / 0 2 7 0 a a G ® &fa \ — j Fa— \ 0\ a§+ 2 7 G \) \ 0) of \ * \ / / { / m # # # & \ \ § m 0 \ 2 co 0 = 0 \� ƒ \ 2 0 / z / w -7. Z 9.A.2.f APPENDIX Support Documents Packet Pg. 562 JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT a y METHODOLOGY W Z J J O co M O JLM East RPUD N O (Immokalee Road, Collier County, Florida) IL December 27, 2022 County TIS Review Fees TIS Methodology Review Fee — $500.00 TIS (Minor Study) Review Fee = $750.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLESS FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION No. 27630 (JMB PROJECT NO. 220613E) JAMES HANKS. P.E. FLORIOXREG. No. 4aa60 12-Z?-2v2Z DATE Packet Pg. 563 9.A.2.f APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:12-22-2022 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 En ing Bering, 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: JLM East RPUD Location: South side of Immokalee Road and to the immediate west of Richards Street Land Use Type: Single -Family and Multi -Family ITE Code #: LUC 210 and 220 Proposed number of development units: 350 dwelling units (PM peak hour two-way trips cap = 314 yph) Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached hftpsJ/d.docs.fiue.nefB-08f 204edbdat2tWDesMoWPro�eUs/120&i3E JLM FasUMethodologyRepor, doc M Z I Packet Pg. 564 9.A.2.f Study Type: Major_Study_ Study Area,• Boundaries: Based upon the County's 2%, 2% & 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2027 Analysis Time Period(s): PM Peak Future Off -Site Developments: None 0 Source of Trip Generation Rates: ITE Trip Generation Manual, I Ith Edition (Table 1) LU Reductions in Trip Generation Rates:LU Pass -by trips: None Internal trips (PUD): J Transmit use: LO Other: co Horizon Year Roadway Network Improvements: 2027 per Collier County's 5-year a CIE. M O r N Methodology & Assumptions: Non -site traffic estimates: See Attached a Site -trip generation: See Table 1 Trip distribution method: The pro ject's traffic distribution was estimated by using the m Florida Standard Urban Transportation Model Structure (FSUTMS) which yielded a distribution of 63% to/from the west and 36% to/from the east along Immokalee Road Q (refer to FSUTMS results in the Appendix -seepage M11). As discussed with staff, the a FSUTMS distribution is based upon a 30-year land use allocation outlook, which considers more commercial to the east of the site than currently exists or will be constructed over the next five 5 ears. Therefore it was agreed with staff that a 5- ear a planning horizon adjustment to the results using an 80/20 directional distribution was justified. Figure 2 and Table 2 provide a detail of the adjusted traffic distributions based L on a nercentaae of tries generated. Table 2 also depicts the proiect traffic by directional volume. a Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or back ound or vested trips method whichever is greater. hBpsild.do�s.f+ve.rte I848T204edbdac2c�lCaskfa�Pro�ecfsJ2246T3E AM EasU?dethadologyRepod.dac M1 Packet Pg. 565 9.A.2.f 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. SIGNA' Study Reviewers Applicant pbps7Po.docs.11vo.rrcUg4672C4edWac2chrDesklgdPm,LeIs/220693E AM Eas!lMelhodelogyftcrtdoc ! ' 1 1� I Packet Pg. 566 9.A.2.f rn Q± U "O a a� 7 � O 0 O FL' L •6 O Immokalee Rd doom -Mw� 0" L— a., i— I re�T a Farm Road Wolfe Ro d Vanderbilt Be h Rd' zI 1 a I > 0 y 0 m c L rn Iy 03 Pine Ridge PNoma ood I -- ,1* S. l Green�Boulevard a > m -o v T O Q3 � NORTH 0 o N.T.S. O O # .L T � 0 moo ,,No ,,No OEM= m 0 0 v 0 o N 3 a a a m lid � 6 7 U O > N m Q) C a 0 m 3 Vanderbilt Beach Rd ------------------ Golden Gate Boulevard ---------------------------- White Boulevard mI I 01 Golden G4e Parkway 03 ------ aI i 0 cn I JLM East RPUD December 22, 2022 LEGEND 5—YR FUNOEO IMPROVEMENT ---- 5—LANE ARTERIAL 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL 2-LANE COLLECTOR/LOrA- RAIL ROAD aWTRANSPORTATu3N ENGINEERING, INC. Project Location Roadway Classification FIGURE 1 M5 Packet Pg. 567 9.A.2.f TABLE 1 TRIP GENERATION COMPUTATIONS JLM East RPUD Land Use Code Land Use Description Build Schedule 210 Single -Family Detached Housing 284 Units 220 Multi -Family (Low Rise) 66 Units Land Use Trip Generation Equation Code Trip Period (Based upon S.F.) Total_Tri Trips Enter/Exit LUC 210 Daily Traffic (ADT) = Ln(T) = 0.92Ln(X)+2.68 = 2,636 ADT AM Peak Hour (vph) = Ln(T) = 0.91Ln(X)+0.12 = 193 vph 50 / 143 vph 26% Enter/ 74% Exit = PM Peak Hour (vph) = Ln(T) = 0.94Ln(X)+0.27 = 265 vph 167 / 98 vph 63% Enter/ 37% Exit = LUC 220 Daily Traffic (ADT) = T = 6.41(X) + 75.31 = 498 ART AM Peak Hour (vph) = T = 0.31(X) + 22.85 = 43 vph 10 / 33 vph 24% Enter/ 76% Exit = PM Peak Hour (vph) = T = 0.43(X) + 20.55 = 49 vph 31 / 18 vph 63% Enter/ 37% Exit = TOTALS Daily Traffic (ADT) = 3,134 ADT AM Peak Hour (vph) = 236 vph 60 / 175 vph PM Peak Hour (vph) = 314 vph 198 / 116 vph Mto Packet Pg. 568 9.A.2.f 3�► Yam, t7olo, lLM1 warty hUa ua b\ K .-4 a a� 3 0 m C a Ot J u7 rn tY V La N a 0 a a m ° A 35% Immokolee Rd ~"�� r a a i� 8► Orb � a Pine Ridge Food t'] re�T a Farm Road Wolfe Ro d 15% Vande h Rd m � 0 T O m � NORTH O O N z V � O O N] o � D D m ° a Y 0 o m fn C o 0 Vanderbilt Beach Rd I� o I0 Golden Gate Boulevard ----------------------------- N O L I O N I i tmw.s ■ I 'C7 m. sr Itsw Green Boulevard �I I • White Boulevard m° m I Golden Ge Parkway AM East RPUD December 22, 2022 LEGEND 65% ► Project Traffic Distribution by Percentage JMTRANSPORTATION ENGINEERING, INC. Project Generated Traffic Distribution FIGURE 2 A -I Packet Pg. 569 2200 DO0O O %�22 22�2 2 / � _ 0. ■ a IL 7NG% 2 § \\ ewa d IL CD C -wm nanm n U) �(■ e m /§ « « « w k z � 22/? 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This application will not be deemed complete until all applicable submittal requirements have been submitted. Please be advised that additional documentation/information may be requested during the review process. For information regarding this application process, please contact the Facilities Management Department at 239-377-0267. Please check [�] type of application request (one only): QSchool Capacity Review ❑ Exemption Letter OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: JLM Living east RPUD Project Information: Municipality: collier county Parcel ID#: (attach separate sheet for multiple parcels): 00190520005, 00191360002, 00191400001, 00191440003 and 00191600005 Location/Address of subject property: Immokalee Road east of Collier Boulevard Closest Major Intersection: Immokalee Road and Woodcrest Drive II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): JLM Living, LLc Agent/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: O. 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 October 5, 2022 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Rural Fringe Mixed Use (Receiving Lands) Proposed Land Use Designation: Residential Overlay Current Zoning:A and A-ST (RFMUO) Proposed Zoning: p Mixed Use Planned Unit Development Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: 0 Total Units Proposed by Type: 350 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: a w J 2 J L0 0 00 M 0 0 0 N N O N J a as M 0 ti N Packet Pg. 574 (andU ISe3 6uinil w-ir - 908£OOOZZOZ-ld : 6£OLZ) le1JaleW dnMoe8 ;ueailddy - g Iuauayael)V :}uauayael}d N N U f6 t Q N O 4— U U O L C O C cu U Q Q Q N i Q E 0 O N a� a� L 0 U 0 i W a W 0 N O N O N O N M ti i/•� N p V') N N O N s. H � w w x uC c* LO ti LO 6 IL .r IL 9.A.2.f 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). a School Capacity Review is the review of a project in the land use and rezoning stage of development. It is a N review of the impact of the development on school capacity and is considered long range planning. This may w 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. > J Concurrency Determination is the review of residential site plans and subdivisions to determine whether J there is available capacity. When capacity is determined to be available a School Capacity Determination 7 Letter (SCADL) will be issued verifying available capacity to the applicant and the local government. If a c project exceeds the adopted level of service standards, the applicant is afforded the option of a negotiation Om period that may or may not result in an executed/recorded mitigation agreement Mitigation at this stage is c expressed as a Proportionate Share Mitigation Agreement. For those residential developments that may have N an impact but are otherwise exempt from concurrency, an exemption letter will be prepared for the applicant N upon request. For those residential developments that are determined to not have an impact, a letter of no a impact will be prepared for the applicant upon request. CD M O Exemption Letter: N 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. Packet Pg. 576 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00190520005 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 577 Collier County Property Appraiser Property Aerial Site 2661 Parcel No 00191360002 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341; *Not Packet Pg. 578 Collier County Property Appraiser Property Aerial Site 2691 Parcel No 00191400001 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341: *Not Packet Pg. 579 Collier County Property Appraiser Property Aerial Site C;+ 70%5% 'u Parcel No 00191440003 Address Site City NAPLES u *Note 34120 *Disclaimer I c.-A A M'iAll Open GIS in a New Window with More Features. Packet Pg. 580 Collier County Property Appraiser Property Aerial Site 2655 Parcel No 00191600005 Address SUNDANCE Site City NAPLES *Disclaimer ST _ Open GIS in a New Window with More Features. 9.A.2.f Site Zone 341: *Not Packet Pg. 581 9.A.2.f AM Living East Residential Overlay (PL20220003804) EXHIBIT IV.B FUTURE LAND USE ELEMENT AMENDMENT LANGUAGE Proposed amendment to the Collier County Future Land Use Element (FLUE) and Future Land Use Map (FLUM) to establish the 37.2± Acre JLM Living East Residential Overlay within the RFMU District located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard. Words underlined are additions; words struck *"r^i;#^" are deletions. SECTION I: Amend Future Land Use Map Series, beginning on page v as follows: * FUTURE LAND USE MAP SERIES 140 *** *** *** *** *** Text break *** *** *** *** *** * JLM Livine East Residential Overla SECTION II: Amend "II. IMPLEMENTATION STRATEGY", Policy 1.9 beginning on page 11 as follows: *** *** *** *** *** Text break *** *** *** *** *** Policy 1.9: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. North Belle Meade Overlay C. NC Square Mixed -Use Overlay D. Natural Resource Protection Area Overlays E. Rural Lands Stewardship Area Overlay F. Airport Noise Area Overlay G. Bayshore/Gateway Triangle Redevelopment Overlay H. Urban -Rural Fringe Transition Zone Overlay I. Coastal High Hazard Area Boundary J. Ventana Pointe Residential Overlay K. Incorporated Areas L. JLM Living East Residential Overlay SECTION III: Amend N. OVERLAYS AND SPECIAL FEATURES", beginning on page 104 as follows: September 26, 2023 W GradyMinor Page 1 of 2 Exhibit IVB Proposed Language-r3.docx 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.eom • www.gradyminor.com Packet Pg. 582 9.A.2.f *** *** *** *** *** Text break *** *** *** *** *** L. JLM Living East Residential Overlay [beginning Page 159] a. The JLM Living East Residential Overlay is located on the south side of Immokalee Road, approximately 1.6 miles east of Collier Boulevard (approximately 0.2 miles east of the Urban Boundary) and consists of 37.2± acres. The Overlay is within the Rural Fringe Mixed Use District (RFMUD) and is designated as Receiving Lands. b. Develoament within the Overlav shall adhere to aaDlicable RFMUD Receivine Lands standards and regulations, except where otherwise stated in this Overlay and subject to the following: (1) Primary access shall be via Immokalee Road. (2) Dwelling units shall be limited to multi -family rental units, which may include horizontal rentals consisting of single-family attached, detached and duplex buildings on one lot. c. The maximum density shall be 350 dwelling units. To achieve the maximum allowable density of 350 units, the first 30 units above the base density of a total of 7.5 units requires redemption of TDR Credits from Sending Lands. d. Of the total units constructed, the project shall comply with the following: 12.5 percent of the units will be rented to households whose incomes are up to and including 80% of the Area Median Income (AMI) for Collier County and 12.5% of the units will be rented to households whose incomes are up to and including 100% of the AMI for Collier County and the corresponding rent limits. At each SDP, the SDP shall identify and quantify the 12.5% of the units that will be rented to households whose incomes are up to and including 80% of AMI for Collier County and the 12.5% of the units that will be rented to households whose incomes are up to and including 100% of AMI for Collier County. These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. * Within this Overlay, for the purpose of calculating the final total number of dwelling units, a fractional unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit. to the nearest whole unit value. e. Twenty-five percent of the project area shall be set aside as native vegetation preservation. 37.2± acres of native vegetation exist on -site requiring a minimum preservation of 9.3± acres (37.2 X .25 = 9.3). SECTION IV: Amend "FUTURE LAND USE MAP SERIES", beginning page 159 as follows: *** *** *** *** *** Text break *** *** *** *** *** JLM Living East Residential Overlay [page 160] September 20, 2023 Page 2 of 2 Exhibit IVB Proposed Language-r3.docx Packet Pg. 583 9.A.2.f Neighborhood Information Meeting Affidavit of Compliance I hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. ,For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance (Signature o Applicant) STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Lr l physical presence or online registration this t2_day of May f z 23, by Sharon umpanhourasSenior Planning Technician Who is �I❑personally known to me or Fihas produced as identification. f �\ CARINJ.Q1►Y;E Signature of Notary Public w. My COMMISSION µ (`- 962367 :•: EXPIRMMday14,2024 Carin J. Dwyer "rrosiiAP' gpndcdihNNotsrYPudlkUndervrtlkars Print Name of Notary Public 0 IL N M W am J J LO O 00 M O O O N N O N J IL o) CO) O ti N Packet Pg. 584 GradyMinor 9.A.2.f Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay, 15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2± acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. W+ s IMMOKALEE R❑10 R.. M PROJECT INFORMATION 0 v r GRADYMINOR.COM/PLANNING a M m m C susrEeT PROPERTY Project Location Map If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. G a N W a� c J M J 0 0 M 0 0 0 N N 0 N J d CD M 0 N Q. Grady Minor & Associates, P.A. 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Section/Township/Range: N.A. I N.A. I N.A. Lot: N.A. Block: N.A. Subdivision: N.A. Plat Book: N.A. Page #: N.A. Metes & Bounds Description: Property I.D. Number. N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Assoc iation(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: LaMorada at Naples Master Association, Inc. Mailing Address: 8200 NW 33rd Street, Suite 300 City: Miami State: FL ZIP: 33122 Name of Homeowner / Civic Association: VENTANA POINTE HOMEOWNERS ASSOCIATION INC. Mailing Address- 4670 Cardinal Way, #302 City: Naples Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: FL ZIP: 34112 State: ZIP: State: ZIP: State: ZIP: a w a� c J 2 J 4 LO 0 00 M O O 0 N N O N J d as M O ti N 07/2022 Pag Packet Pg. 588 9.A.2.f NaPjC04:3a*tjj dews PART Of THE USA TODAY N ETWORK Published Daily Naples, FL 34110 Q GRADY MINOR ASSOCIATES PA 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ATTN SHARON UMPENHOUR Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 5/12/2023 Subscribed and sworn to before on May 12th, 2023 votary, Stavorlp"res: c6unty�et grown My commis PUBLICATION COST: $1,008.00 AD No: GC11058596 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD — 3X10 NANCY HEYRMAN Notary Public State of Wisconsin Packet Pg. 589 9.A.2.f NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 -JLM Living East Residential Overlay; and PL20220003805 -JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay,15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2± acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. t 41 J - c —I L.' tI1 E4;Y��xtO�ll Ji�'j� { ;• a�.:. �1:.',....4:TmP � — �-�•� � t ' 17!: i',`;: ..,....: = � — 4 J.`:, a — is �� J 1I.L.r�. I { SUBJECT, _._ D:✓�.',.^^w;t.,i. y,`',i!.rf iun] i ii .ij�.� .. <;_ PROPERTY `. ;.I •' _ II _'� ••If ':'f .. I I r A 1 I I A �� I I I l—: :_ f ., 1—'I { ' NHI. z- II'Ill11 —:L.''�:1��..._.._...._�—._...___tI •.. �+•� _ If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. NO-GCI105859601 Packet Pg. 590 IDA I FRIDAY. MAY 12, 2023 1 NAPLES DAILY NEWS 9.A.2.f Senators push for overhaul of classification rules Nomaan Merchant ASSOCIATED PRESS WASH INGTON - Responding to a series of intelli- gence breaches over the last year, senators on Wednesday introduced legislation that would require the National Archives to screen documents leaving the White House for classified material. Classified material was found at the homes of President Joe Biden, former President Donald Trump, and former Vice President Mike Pence. And a 21-year- old Air National Guard member is accused of leaking hundreds of Pentagon assessments in an online cha- 11.0m. Under two bills unveiled Wednesday, anytime a president seeks to classify a mix of official and un- official papers as personal records, the archivist would first have to conduct a security review to en- sure nothing is classified, in the cases of Blden, Trump, and Pence, classified material was found commingled with personal records. "The notion that there was no checking process by the archivist so that that becomes a formal step rath- er than a'nice to do; 1 think, is terribly important," said Sen. Mark Warner, D-Va., the chairman of the Senate Intelligence Committee. The legislation would require all 18 agencies in the U.S. intelligence community to develop an insider threat program and monitor user activity on all classi- fied networks for possible signs of a breach. The per- son accused of leaking Pentagon assessments is al- leged to have printed out some of the documents and folded them to smuggle them out of authorized areas. Also included are several requirements to push U.S. intelligence to declassify more information and restrict how secrets are widely shared. They include an effective "tax" on agencies based on how many records they generate and boosting funding for the U.S. Public Interest Declassification Board, a group of experts that advises the White House on classifica- tion issues. Long a priority of many on the intelligence core- mittee, overhauling declassification was raised by some senators who spoke Wednesday as a long-term way to limit breaches and protect the most important U.S. secrets. An estimated 4 million people hold security clear- ances. And many U.S. officials have long acknowl- edged spy agencies classify too much information and declassify too little, using outdated systems and far too few people to review what can be released. "It's an expensive system that we have. It's.mclat- ed;" said Sen. Jerry Moran, R-Kan. -We're a better country than what the system allows us to be." Sen. Ron Wyden, D-Orc., noted that Avril Haines, the U.S, director of national Intelligence, wrote in a January 2022 letter that "deficiencies in the current classification system undermine our national securi- ty, as well as critical democratic objectives;' "My view is the protection of sources and methods and declassification reform go hand in hand;"Wyden said. "That's because it's a lot easier to protect impor- tant secrets when you're not acting like everything is a secret." A bipartisan group of senators has introduced legislation that would require the National Archives to Screen documents leaving the White House for classified material. It's the first major proposal to respond to a series of Intelligence breaches over the last year, Including the case of Massachusetts Air National Guardsman Jack Teixeira, right. MARGARET SMALL VIA AP, FILE )TICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 -JLM Living East Residential Overlay; and PL20220003805 - JLM Living East Residential Planned Unit Development In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor) and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, PA., representing, JLM Living, LLC (Applicant) will be held May 30, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay,15450 Collier Blvd, Naples, FL 34120. JLM Living, LLC has submitted formal applications to Collier County, seeking approval of a Small -Scale Growth Management Plan Amendment (GMPA) establishing the JLM Living East Residential Overlay and a Planned Unit Development (PUD) Rezone from the A (RFMUO) and A-ST (RFMUO) Zoning Districts to the JLM Living East Residential PUD to allow a maximum of 350 residential dwelling units with a percentage required to be designated for affordable housing. The subject property is comprised of 37.2x acres and is located on the south side of Immokalee Road east of Woodcrest Drive in Section 25, Township 48 South, Range 26 East, Collier County, Florida. ,r _ ' •,:. IMMOKALEE RD,1..1 ... .d v.li�f4! .. vr/acT f Afi� �*,kTl , 7; _ Jl. s-ii'T'r- 1 If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminoccom or phone: 239-947-1144. For project information go to gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. NOTICE OF PUBLIC HEARING Not- H I-m, P. that a Pahl¢ heenn9 wdl N hdtl by the Collier County Planning Comm,aa1. ICCPCI 9:Go AM. w, J.-1, 2023, in, the Board of County Cemr,monwa Meeting ROwn, Tlg,d Floor, CaX,r Govrnmenl Cmlr, ... Tamara T 11 Fasl, Napa, Ft to naWr AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUM- BER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVEL- OPMENT CODE AND ZONING ATLAS, WHICH ESTABLISHED THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP oR MAPS BY CHANG-ING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES IEI ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUDI ZONING DISTRICT TO BE KNOWN As THE DUNKIN DONUTS COLLIER BOULEVARD CPUD: ALLOWING UP TO 10,OOD SQUARE FEET OF C-1, C-2, AND C-3 USES ON 1.98 z ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BLVD Miiz FEET NORTH OF PINE RIDGE ROAD IN SECTION 15. TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EF-rECTIVE DATE. (PL2022e0045461 Project Location' hM a P'er Kid rKU t\#Ne At 1) _ t, LY All mtae W PA. me ,nxted to appem and be heard. Copes of the proposed Ordinance wN be made —1,61e for Irddanlkn at ore Ccl,N County De Y. cYce, laud foot, Cd R, County G:.,P—t Center, 3299 East Tamiam, Tlmt Solt, 401, No , FL 34112, one (1) week pnG to the ,IRK ed heanng. Whtim comments thus• be filed xtih the Zcn-ing Divelm. prior to June 1, 2023. As W. of m ,,, ,moos. to m arage PI mvekemmL IN PAIccoilhm,the cpponuniry to poMe public cw hRmvely, sswdl . in person, during th" 11 a 1,1 bd,xduss who wald Ike to Pamclpate ,-"y should Uti'ller through the Ink P.det 0h.P the W,e h —V meHing entry oo the G,,dm cl ErmN a the Canty webote at wwx.cd,ncanpll.gov/arcamlyMs,toNcalmdm-ol-events a%er the Mmds H posted m the County web9te. RepitNdim should N dorw m ad—, of the pubkc m r g, w my e,,dk,e specified Mthh the p0h, meeting rat ce. and Aduds who rNgmte, wA re e m e Win advance of the pull. hemog delalmg how they cm pmlop U remotely in th,, nkHmg. Bared, paNwpabon s plwded as a courtesy and h X. the user's Pie. The Carty ,s not —odd. In t-n .d ,ssues, Far addd ord miwmasm &.1 the meetmg, please call Geo9rey 1NIg at 252-6369 or -.1 to G.ffoy.WA,g*oCAo, .yagw Any Person vko decides to appeal any d— of the Colin County Pkming Lomldadon (CCPL) MN need a NKd al the pmceed,ngs peebo—g thmeto and thdefue, may need to m re that a eba «Ord of the pro:eed,ngs a made, .loch record ,ncbdes the testimony and eed.,e open Ye,-o the app.A n based. II feu are a pawn M,h a dis ibtity echo reds my accom W APP ,n ad, to pm, deate ,n th s proceeding, you m mulled, at no cost to you, to the Pwsm of Ceram as T.ance. Pkase contact the Coll, Canty Fa ll- Mmagemenl Dorms, tooled a1 3355 Tamiam, TIM E., Sol. 101, Naples, FL 34112-5356, r391 252-6350, a' least No CI days PRs to the medmg. Ams:ed Ibtenmg dv,,,. for the Naring ,"'P a are avplable m the Bond of Corny Cohnod—s OII ColkCounty IRann,ng commissbn Ed.,,: Myer, Chmrman NOTICE OF PUBLIC HEARING A.M. J..hm iN1apubkc Nu1rg colabeyC bytN DPe County PMnnIn9CommisCon Ir GKC at BAO A.M. m June 1,1 1 In tln B . al , F1 t conhHslorlerm Meetrg Room, Tnkd Fbar, Callkv Go.rn- menl Curter. 3299 TmMmnl Troll Eut. Naples, FL m wnalder. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. Ed-a5, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAIN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES BY AMENDING THE ORANGE BLOSSORVAIRPORT CROSSROADS COMMERCIAL SUBDISTRICT TO INCREASE THE COMMERCIAL SQUARE FOOTAGE ALLOWED ON PARCEL 2 FROM 10,000 SQUARE FEET OF GROSS LEASABLE AREA TO 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUDING AUTOMOBILE STORAGE. THE SUBJECT PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD NORTH APPROXIMATELY 3N FEET SOUTH OF ORANGE BLOSSOM DRIVE IN SECTION 2, TOWN. SHIP 49 SOUTH, RANGE 25 EAST, CONSISTING OF 5a ACRES OF THE 1oa ACRE SUBDISTRICT; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DE- PARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (PL20220o03494I AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 0441, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WNICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORAT- ED 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 THE RURAL AGRICULTURAL (A) ZONING DISTRICT TO THE COMMERCIAL PLANNED UNIT DE- VELOPMENT (CPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS LUTGERT AIRPORT ROAD CPUD, TO ALLOW UP To 75,000 SQUARE FEET OF GROSS LEASABLE AREA OF COMMERCIAL USES AND UP TO 104,000 SQUARE FEET OF GROSS LEASABLE AREA OF INDOOR SELF -STORAGE INCLUD. ING AUTOMOBILE STORAGE. THE PROPERTY IS LOCATED ON THE WEST SIDE OF AIRPORT ROAD SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL0PID0. CONSISTING OF 5z ACRES; AND BV PROVID N NO AN EFFECTIVE DATE.IPLT02200005931 GMPA PL20220003494 PUDR PL20220000533 N AN I-- parties am invited to appear awl N — Copies of - PmPozed ORDINANCE w,ll be made vrladalor insPat,m at tlw eallwrCanry Clck'a olhw lourih Hoar. Calm CounlY GowrnmenlCmlw.329Y East Taml dh Toll, Sua i. Na F-, to are I11 cook prbr to tN schetluktl hearhg. Wrmm comments must hw Ided.m me md,n9 nwson, Pr,o, m Jdde 1, 2oz3. As port of m a N tool.. to emarrage punk I..Nemmt, tN pudt will N. 01e o oonundy to povNe publb cammmartz mmteh, . -1 as M person, durhg thh procomhhS. IrMividuLz wen coact Nke to Pontl- paleremuldyzl,oold ,gP 1 through IMF hnk pravdeJ wmM thesPecd,c evmVmeeling miryon the L.I.. of Evmta err, the County websrle al www.Whncounlyll pov/vur-wunlyMs;loNcalmdarrol-events ohm 1N erg_ Is posted on 0w Cwnry websre. Re9H4mbn Lro,:Id be dorw In a.— of the W hlk, meathg, or my deadme m—dwdv hen Ore pulbic medwg rwbw.od.1—il who. pour III recrve an rnaNmadvanw of iN public homN —th, no. they cm pmklpa:e loPhooly In thH dwakg. He— pmlidpatbn ape mled Rosy and H a1 ae user i risk. The County Is ml resp --Iw taAr4cal Isvms. For adO— Inbrma- Za tIba meelm9,It— WI.-a,,Wlhp.1757-aT69 n,-11to Gmdrey.WRR10w8hraoP1ydSnv pmsod — tlecidos to appo my de _ al the Coilkr D.-Y PMnnl19 Co—IRR, (CCPLI P`Io Freed a record of the Procem"K, Pena N ihmeto awl 1—fwe. m Y deed to edwre trot a.vNdm recew of Me pwceehNshn,mle. whlch,ecoa Ml,Wes tlw tosthwny and evkk a upon whbhiN appeal is based. Ii Yw, are a lae.on with cost to y .,who r,ewls my a.1 .. datbn In oNer to Pmticl1-1 in o Ixoceedrrlg, yeu are , aletl, at m cost to you, 1.Pe d Podsbn of carton atsistance Please wnixt me 12 County facllitios I.lanagement 2) debn, located m I . AoRo l Tray Eost. sure I. Napes, FL 34112-515fi. 1239I 252-A3B0, B least two 121 days Ica to Ma meeting. Asze;ted Ilzimlrg devwea I. 1N Ileadng Impaired are a.11- aMe M me edam m cavh+v cwwdhdehwa onwe Cod. Coumy F-d'K commksbn Edwin Fryer. Chdrman .oun.vdr., Packet Pg. 591 NEIGHBORHOOD INFORMATION MEETING 9.A.2.f PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***Please be advised*** 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: D l,L V6 LAJ J EMAIL: 6 a I - �_f #2 r' /., ADDRESS; y4v'''Aq r_ �OL9 PHONE: 7- 39 Z-9 f —d � 7-il NAME: EMAIL: _ ! a ADDRESS: PHONE: J 2 J 7 0 00 CO) 0 0 0 N N O N J NAME: rV o,% N H F 4 EMAil: 191r .�i �J VG l� a ADDRESS: �U 7q V r-/'u Zane PHONE: NAME: 41wLC<5� EMAIL: I1149'V1 n;l • Icon ADDRESS: y •// ' /J J ,� 3 PHONE: S 7 d -7 7 i i 'J - ! (1 �J 4 7 TL1 .l (h NAME: EMAIL: ADDRESS; c, � PHONE: q, _2 C i rl `cr NAME: w� L .) ti S d )d '� EMAIL: — ADDRESS: J OLJ !�< 1/eii1- ^:-e. W PHONE. •7 5-7. 7 q / NAME: t lnac.� ca+"�\ c.t%\ EMAIL: �,c� ,�ur��Lca P�,�. Co!✓y ADDRESS: (/ PHONE: \)C.AAgA`A \ "r NAME: b5' EMAIL: d ew)o 3 1 ? �10 f ! co��-� ADDRESS: &y1"' fn_u C1 PHONE: q7 202 ' V NAME: EMAIL: ADDRESS: PHONE: CD Cl) O ti N NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 592 9.A.2.f NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 —JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***T>GePSe be 60V%S d*** 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 p public records request, you can refrain from including such information on this sheet. You have the option of a checking with the county staff on your own to obtain updates on the project as well as checking the county Web site W for additional information. w NAME: i EMAIL: c mac- -" 3 �,.,s�� �T.�� 9 ►� �r�l#w d �j A�� � o . �, �� >_ ADDRESS: PHONE: J 2 J 7 NAME: a' � 1� � EMAIL: Vn 00 _ M ADDRESS: c PHONE: c N N O N NAME:'i f u y EMAIL: T r C , 315 �� f r�( � C�7 a o� ADDRESS: PHONE: s NAME. Ufqk EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: VPHONE: ` r}�nfic NAME: �1�—I�k� EMAIL: ADDRESS: ��PHONE: T NAME: JL k\ 1 EMAIL. ADDRESS: , �• 1 `1 PHONE' ` NAME: 5�'1 `1n N.L�AANVk/� EMAIL: 1W l S - del A l L , Cep kA ADDRESS: t1 PHONE: ( iq 6) 3 V-i r4& SL NAME: EMAIL: ADDRESS: mm� �^ PHONE: NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 593 9.A.2.f NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804 —JLM Living East Residential Overlay; and PL20220003805 —JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY *** lease beadv4seol*** 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 o public records request, you can refrain from including such information on this sheet. You have the option of a 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. N _ NAME: tz EMAIL: w ADDRESS: PHONE: _J J 7 LO NAME: EMAIL: CD - M ADDRESS: PHONE: O c N N O N J NAME: EMAIL: a ADDRESS: PHONE: rn o ti N NAME: EMAIL: ADDRESS: PHONE: �a a 3 Y V NAME: EMAIL: R m ADDRESS: PHONE: c .Q a Q NAME: EMAIL: LO c ADDRESS: PHONE: E U NAME: EMAIL: Q r c _ ADDRESS: PHONE: E NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NIM Sign -in Sheet OS/30/2023 I Packet Pg. 594 9.A.2.f NFIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220003804—JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY ***T>�ease be Advised*** 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:laL 1EA� EMAIL: ADDRESS: -I�l l�-_s PHONE: NAME: EMAIL: ADDRESS: PHONE: (NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME, EMAIL: — ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: NAME: EMAIL: ADDRESS: PHONE: . a w 0 c J 2 J 0 0 rM O 0 0 N N O N J a rn M O r• N NIM Sign -in Sheet 05/30/2023 1 Packet Pg. 595 9.A.2.f NEIGHBORHOOD INFORMATION MEETING PETITIONS, PL20220003804 — JLM Living East Residential Overlay; and PL20220003805 — JLM Living East Residential Planned Development May 30, 2023 PLEASE PRINT CLEARLY 'Pi.EGSe be 60Vbsed*** 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 a -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. 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N o C� > ° O �"� � N ,_ ' U— O N O N Q = O V) O OU- z Q) Q vi NO O °' p � 'N °0U W m E o� Um i U z u° mm W Wlf — 508£000ZZOZId : 6£OLZ) lepejew dnj3e8;ue3llddy - 9 juewy3e;4y :;uewyoe;;y O 0 CL U a Z O U ol D, M N 0 E O O O N -�C E o a a� � E O 0 O Q C-0 h 301, A a IL z •1 U m a 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold Sharon Umpenhour Wayne Arnold 00:00 Can you hear me at this level okay? I think we're going to go ahead and get started. Sharon will be recording the meeting. We'll have her get set up with the recorder and we'll get started in just a minute. 00:07 It's on. 00:07 Oh, okay. All right, we're ready to roll. So good evening, everybody. I'm Wayne Arnold. I'm a planner with Grady Minor & Associates here representing the applicant. Sharon Umpenhour is from our office. She's in charge with the audiovisual tonight and we're required by the county ordinance to make a transcript of this meeting. So it is being recorded and we'll go through a short presentation and then we'll have Q&A. But the only request we have is one question at a time when we get to the Q&A, and we'll try to capture everybody on the microphone so we can have a legible copy for planning commission and board county commissioners as they move ahead. So we're here for two applications. We have a small scale comprehensive plan amendment and we have a companion duty rezoning. And these are the two application numbers, if you all are interested. 01:00 This presentation, by the way, will be available on our Grady Minor & Associates webpage. We'll also make a copy available to the county should you want to contact them. So the company we're representing is JLM Living, they're large developer of rental apartment communities around the country. This is a little bit unique for our area because it's not a large scale rental building. These are horizontal rentals in the industry. So they're a series of one and two family attached units that will be for rent. So our project team consists of, obviously, the applicant, Richard Yovanovich, who many of you probably know as our attorney for the project. Mike Delate, who's in the back room with Grady Minor, he's our civil engineer for the project. Marco Espinar is our biologist on the project, who's here in the audience. And Jim Banks, who is our traffic engineer, couldn't be with us tonight. He had a medical issue and couldn't be here tonight. But we'll do our best to answer any questions you may have on traffic. 02:02 The project is about 37 acres. It's located just east of the charter school on the south side of Immokalee Road, located just west of the Pulte community. I'm assuming that many of you all reside in the Pulte project that's located just to our east. But we're in the review process right now with both applications. JLMLEP-22 JLM Living East May 30 2023 NIM Pagi I -f it, Packet Pg. 615 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript We've received preliminary comments from Collier County staff and we're in the process of responding to those comments. Marco is fairly new joining us as the biologist and took over from the prior biologist. So we've been reworking part of the application and we'll be resubmitting to the county soon. Right now, the lands are designated ag rural, they're part of the rural fringe mixed use district zoned agriculture. There's a ST sensitive treatment overlay that we would be removing. We're proposing to create a new overlay for the comp plan designation and the zoning, which would allow us to build up to 350 residences on the 37-acre project. 03:05 So we have the small scale amendment. We're asking for the rezone for 350 units. We're calling it horizontal rental and we've made commitments in the application to provide a portion of these units as affordable rental community. I think Rich may help me, but I think we're at the 100% or less range for 22.6% of the units that are actually constructed here. That seems to be the number that the county commission has landed on right now. At least that's the current thought for when we are asking for plan amendments and things beyond what the current code allows. And we're providing some affordability to ease with the situation we have throughout the county. The overlay language is part of the actual application. I'm not going to go through every word of that, but it sets out the maximums in this area and identifies the percentages of units out of the 22.6. Half of those have to be at thresholds meeting the county guidelines and half with a different ratio. 04:10 The property is highlighted in red and that's the 37.2 acres. There's your project. If you live next door is located in this area and you access from Immokalee Road, and I think there's a team for the access with Richard's. Our only access point will be Immokalee Road. If we have a right-in/right-out access. We have had early communications with the charter school to the west to allow interconnection with them, so we could gain access to their traffic signal. 04:42 This is our proposed master plan and just about to point out the highlights here. So here's our access point. Right-in/right-out on Immokalee Road, a potential interconnection with the charter school in this approximate location. All of this area along our eastern boundary, probably for more than three quarters of that length is part of our preservation area that'll be retained as native vegetation preserve. And then, everything in R, are designed to be recreation... Excuse me. Residential tracts, JLMLEP-22 JLM Living East May 30 2023 NIM Pagi 1) -f 1 A Packet Pg. 616 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript where the home sites would be located. And then, our amenity area and leasing offices would be up near Immokalee Road. So those are the features of the project. This is it on an aerial that shows the relationship with charter school connecting with their driveway potentially here. And then, you can see our preservation area, how it extends along adjacent to the property, the Ventana Pointe to the east of us. This is considered the better quality of wetland area and the county staff has asked us to make this the widest part of our preserve. So it connects to the preserve in your community if that's where you reside. 05:53 Again, we're asking, this has been a challenge because it's not really a traditional multifamily project, but we're calling it multifamily, and it will consist of probably only one and two attached units. So there'll be freestanding units, there'll be duplex type units that will be for rent. No units where there are more than two stories in the project. Heights of the buildings, 30 feet, zone height, 35 feet, actual height, probably comparable to almost any other residential project you find in the community. So that gets us up to a two-story product. And, again, there's an easement vacation that's a companion to the project and that's the internal easement area that services, four lots down here, where there's a couple of home sites back in here. But we're proposing to vacate that but with no access to Sundance to the south. 06:56 These are some one-story renderings to show you what these rentals look like. So you can see that's the freestanding version where we have no other unit attached to it. So you would as a renter rent this entire space, rather than platting these as individual lots, there'll be for rentals for up to 350 units. Here's an example of a two-story version of that. So you can see the scale is probably on the smaller side of single family residential, but still nonetheless, it's the freestanding model. And then, these began to show you an example of the attach type product in this area as well as the amenity. They, obviously, provide a very nice amenity for the residents. These communities tend to be on the little bit higher rental price point than other communities and that's because they provide the freestanding product. They also provide high -end amenities for the community. 07:56 You get a sense for sort of the streetscape that starts to occur here. You can see that's a combination of attached units in this particular area, and then there's some freestanding units shown JLMLEP-22 JLM Living East May 30 2023 NIM Pagi I _r 1 A Packet Pg. 617 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript back in this area. But that's typical streetscape. It's not a platted street, but it's a driveway with sidewalks and easy access to the amenities in the community. So that's a brief presentation. But as I mentioned, we're in the review process right now. We do not have hearing dates established, but we will go to the Collier County Planning Commission. And when that meeting date is scheduled, if you receive notice for this meeting, you would receive notice for the planning commission hearing and ultimately the Board of County Commissioners, who will make the final decision on this. 08:42 All this information is available on our website. We've also provided information. Eric Ortman and Parker Klopf both with Collier County Government are here in the audience taking notes and listening to this. You can contact them. We've got their contact information on the bottom of the page. So if you want to maybe take a photo of that with your phone or feel free to contact Sharon Umpenhour in our office. We'll make sure you get a copy of the presentation and any contact information that you may want to have. But so that's it in a nutshell, I'm happy to try to answer any questions that we may not have answered. But as I said one at a time and we'll try to get the microphone in your hand so we can make sure it's legible in our transcript. Yes, sir. Speaker 3: 09:24 Thank you. So I understand there's two separate sites in east and the west. Are you saying there's 350 homes in the east site alone? Wayne Arnold: 09:37 Yes. The proposal is on this site. It's same applicant but they're two separate sites, east and west. This is the east site as we're calling it, just to distinguish the two. And yes, we're requesting 350 units in this project. Speaker 3: 09:51 Wow. Speaker 4: 09:53 Can you go back a couple slides to where it shows both reserves backing up between our community and the next community? So I can ask a question. All right there. You have a 30-foot public road right of way. It's just... Yeah. Down right there. Yeah. What's the reason? What's that for? Wayne Arnold: 10:16 Okay. That easement is an existing easement that's granted in favor of Collier County. We don't think they've ever accepted it, but it is an easement that shows up in the title work. We talked about, it's off our site. There's a notch there that is not part of JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 618 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript our property. We tried to go out early on to reach out to the prior owner to see if they would quitclaim it back to us. We weren't successful in finding the chain of title for that and as it turns out, it would've been in our preserve anyway. So we didn't really need it. So we abandoned the vacation process. So there, we couldn't really vacate it. It wasn't on our property. It happens to be, I think, just a strip of land that's independently owned. Rich, you may know, but I thought it was like a third party that owns that. Is it right? Richard Yovanovich: 11:04 Through the conveyance history. And I don't know why this happened. One of the deeds lessed out that 30-foot-wide area. We tried to track down the owners of that 30-foot-wide area. They have passed away. So going through and trying to track down all the errors that require times of that 30 foot area, no man's land just wasn't worth it. So whoever owns that property really can't do anything with it. So it'll [inaudible 00:11:36] state Speaker 4: 11:38 So is that something that's going to stay on the map like that for either run out, it's always going to be labeled like that on the map? It can be removed. Richard Yovanovich: 11:43 Yeah. We can't remove it because we don't own it. But the odds of anybody coming in and wanting to develop that area are slimmer than us. Speaker 4: 11:52 Is there any access to it? Richard Yovanovich: 11:53 No. Wayne Arnold: 11:55 The question was, is there access to it and there really is no access to it. It doesn't extend all the way to Immokalee Road, and it doesn't extend all the way south down to Sundance. It's just a remnant piece of land. And as Rich said, it probably will never be developed 'cause there is no access and there's no utility to the 30-foot easement that's encumbered with public right of way benefit. The county, could they improve it to put in some drainage benefit or something in the future? They may, but I think that they're the only people that I know they have public rights to it. Any other questions? Speaker 6: 12:30 Okay, so just a few questions. No access point is going to intersect with Ventana Pointe. It's just going to be off of your own access point off of Immokalee or the school? JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 619 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 12:45 Correct. There's no access point into Ventana Pointe. The only access we're proposing is either to Immokalee Road and/or through this potential interconnection location - Speaker 6: 12:53 How about you to share our access point at all? Wayne Arnold: 12:56 We are not looking to share your access. Speaker 6: 12:57 And the homes that are up against your development towards the back, what's between them? Wayne Arnold: 13:05 That will be the area to the southeast in this area that will be a landscape buffer per Collier County land development code for, not sure if that's going to be... Sharon, do you know if that's 10- foot buffer in that area? Speaker 6: 13:18 Is there going to be a wall? Wayne Arnold: 13:20 1 don't think we're that far along to know if there's going to be a wall in that location unless it's required for water management purposes. Speaker 6: 13:29 What is the approximate rent? Wayne Arnold: 13:30 The question was what is the approximate rent? And I don't think we have that number to date. Just looking at the affordable guidelines that we do have access to for those units Those are going to be, potentially, I think two bedroom units are kind of the thing that we've based those on. Rich, I don't have the table with me but the - Richard Yovanovich: 13:50 The rents are all market rate with rents, so they'll probably be a little bit higher than we were seeing the Pearl and other places since there. Speaker 6: 14:00 Can you give us an example of what's a little higher? Richard Yovanovich: 14:03 1 don't know the exact number [inaudible 00:14:04]. Wayne Arnold: 14:03 Guys, one at a time, please. Speaker 7: 14:04 Okay. I'm sorry. Richard Yovanovich: 14:07 1 can tell you that basically a two -bedroom unit, I think in The Pearl's rent and yours is 3,000 a month. So, unless there's a a w a� J 2 J LO O 00 M O O O N N O N J d CD M O ti N JLMLEP-22 JLM Living East May 30 2023 NIM Pagi f _r it, Packet Pg. 620 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker6 Wayne Arnold Richard Yovanovich Speaker 7: Wayne Arnold Speaker8 Wayne Arnold Speaker8 Richard Yovanovich Speaker8 Wayne Arnold Richard Yovanovich dramatic decrease in rents, there's going to be higher than that is my estimate. Yeah. 14:21 Is this a gated community? 14:25 Yes. It's intended to be gated community. 14:28 Yes, it's intended to be gated. 14:29 And what kind of amenities are you giving your residence? 14:32 The question is what type of amenities will the residents be given? Right now, what I've seen on their preliminary plans has a small clubhouse area with recreation, exercise room, et cetera. And it will have swimming pool and as I pointed out, that amenity area is in this location up here among the road. Yes, ma'am? Let me get this to you. 14:58 Why is it that they didn't put any additional buffer towards that back end of the community? And also, for the rentals, are they going to be monthly? Are they going to be six months? Are they going to be three months? Are they going to be annual? What's the plan for that? 15:16 15:48 So what we're showing on the master plan is the preserve area It's called out as a separate tract, and we have to label our _nreserve areas. So all of this crosshatched area is the nreserve. There will still be landscape buffers in this area along our south and all along our western boundary as well. So there will be a landscape butter, just as you all have a landscape butter on your project. And from the standpoint of the rental, I don't think we know, but it's very likely that it's going to be a series of monthly, annual, et cetera. Thank you. 15:51 These are not going to be short-term rentals. I don't know if they're going to be six months and above or a year and a month. But they're not intended to be monthly short-term rentals. 16:02 Pet friendly? 16:03 Pet friendly? 16:04 Yeah. JLMLEP-22 JLM Living East May 30 2023 NIM Pag Packet Pg. 621 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 16:05 That's the question. I assume it will be. Yes, ma'am? Hang on. Speaker 9: 16:08 Yeah, just a quick question for you. So, essentially if you live in the back of Ventana Pointe, you're going to be able to see the house. You're saying a 10-foot buffer, that consists of probably no full tree. So the people who live in the back will essentially see right into the houses of the people who are in the other neighborhood. So that's my question. And you're comparing the rent to The Pearl. Is there a way that we can know the demographic information of typically who is renting in that bracket so that we can have an idea of who's going to be living right next door to us? Wayne Arnold: 16:39 Well, I think the answer is all of the units are going to be market rate rentals, whatever that market bears for these and it's traditionally higher than a conventional apartment building. And then, we've made the commitment that 22 and a half percent of the units constructed would meet the affordable guidelines. So it is not a direct fair comparison to The Pearl, et cetera because the affordability component will have some of the units at lesser price points. And with regard to your question about the buffer, it is going to be buffer comparable to what you have. I can't promise you that those handful of units have a view of our units, but they're restricted to no more than two stories. Speaker 9: 17:17 In the front of the neighborhood, in the middle, the preserved situation will remain intact, or what's happening there? I see it's wide, but I look in the middle. So I'm trying to understand how that affects, a lot of us bought our houses because of that? Speaker 8: 17:32 Because we were told it would never be touched, all of it. So how does that change for the people in the middle? Wayne Arnold: 17:37 So the area that is in the middle, if the middle is... The pointer is not working. In this area. So our widest preserve area abuts the widest preserve area of your community as well. That's what the agencies ask us to do. That's what one of the Collier County requirements is that we have preserves that connect to other preserves. So that's what we've tried to do. Where you have preserved, we're connecting to all of that preserve as well. So what we'll do, if there's any exotic vegetation there, we have to go in and remove it. We may have to do some restoration. There probably will be partly used for a water management system, but if we plant vegetation, it will have to be native vegetation. JLMLEP-22 JLM Living East May 30 2023 NIM Pag i Q -f it, Packet Pg. 622 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker4 Wayne Arnold Speaker 10: Speaker 7: Richard Yovanovich Wayne Arnold: Speaker 7: Richard Yovanovich Speaker 7: Wayne Arnold: Speaker8 18:20 What are you guys going to do about the current wildlife that's there? The bears and the deer, bobcats, turkey, all the animals that we see. What do you guys think about that? 18:31 We're required for listed species to provide management plans as we go through the process. So, for instance, there'll probably be requirements as you have for black bear management plans and there'll be bear proof containers for trash and things like that. But the county has standards for those. The other agencies look at those as well. But for the deer and other wildlife that are native but not necessarily protected, they'll have our preserved area to live in as well as parts of the golf course and other open spaces in the area. 19:00 [Inaudible 00:19:00], sir? 19:00 Is the community going to have access on Sundance Street? 19:04 No. 19:06 No, there's no access on Sundance. 19:08 So what happens with that road? That's a private road right now. 19:11 Can you say that- 19:12 What happens with Sundance Street, since it's a private road to our home right now? 19:17 Sundance Street was made provisions in your community to provide for the right of way and keep that access open. We have no provisions to connect to it. There's a right of way easement that exists there. We're not proposing to utilize it at all. Yes, ma'am? 19:37 This may be more of a suggestion than a question, but regarding that back portion. Most of those homes were single story. So if you put two stories there, they're just going to be looking right into the back of our homes. And I'm hoping that the developer takes that into consideration and maybe the 10-foot buffer is enough for Collier County, but perhaps if the developer's going to be doing this, maybe they might consider putting something a little bit thicker. Speaker 7: 20:05 Or redo the wall. JLMLEP-22 JLM Living East May 30 2023 NIM Pagi0 -f 1 A Packet Pg. 623 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 8: 20:05 More wall. Wayne Arnold: 20:05 So, certainly, talk to our client about the provision, whether or not we can restrict that to single story or put in a commitment for a stronger buffer for you. Yes, sir? Speaker 11: 20:13 Just to follow up on her comment. My house isn't facing that direction. I don't necessarily have life or death emergency here, but a lot of people bought their dream homes on that side promised preserve. And yes, the reality is there's going to be a very thin, thin buffer there. And I'd like to just suggest that perhaps we don't look at the preserve up north and we don't look at that tract of land where you can't find the owner as some sort of act of good faith. Maybe the county requires it. It's just there because it has to be done by the developer, not because they want to. They love to jam chock-full of houses. They might be able to create some goodwill if they were to listen to the lady's suggestions and actually put a true buffer because you can see right through there. I can see that little shack that's in the middle of the woods there. 21:10 So I'd just like to say for the record, there's 70 some homes over in Ventana Pointe. We're saying that there's going to be 350 there. I mean you can see the maps, they're mirrored. You've got 70 there. It's almost somewhat disingenuous. Number one, 350, it's like, "Let's ask for 10 times more than what we actually want." I think that's what's happening here. Unless you have hobbit homes, I don't know how you fit number one, 350 on there. And then, also for the record, let's not pretend that the preserve is somehow a contribution to the neighbors. It's not. It's there because you have to, and maybe they could get some goodwill if they actually did something. Not because they're made to do it, but because it's what you would expect, or I would expect. It's what you would do if you wanted to be courteous to your neighbors and recognize that some of these people, this is their dream home and they're about to be looking into rental apartments, not condominiums, not places that you'd be selling for 500 or 600 a piece. But a cash grab, a monthly, annual cash grab. Wayne Arnold: 22:16 Thanks for your comments. Yes, ma'am? Speaker 8: 22:21 One more question. So essentially... Wayne Arnold: 22:22 Maybe use the other one. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 624 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 8: 22:23 Sorry. So, essentially, where are we now with all this? What can we do? Because you just said, many of us just spent a crap ton of money on our homes without being told that this was even going to happen. I mean, Pulte did not, maybe they didn't know. But this was not disclosed to us. And here we are. Many of us just have lived there for several months. Some people have not moved in yet. So I guess what stage are you in? Is there any way that this won't happen or just what can we... Can you inform us of what we can do? Wayne Arnold: 22:51 Sure. We are in the sufficiency review process for both applications and the county is still reviewing it and our application will be looking at it for the next few months. No hearings have been scheduled. You're provided the contact information. I'll put it up again. Parker's contact information. He's with comprehensive planning staff. Eric Ortman is with the zoning staff and together they'll be reviewing our application and all of the information we give in the county to determine whether or not they're going to support it. We're going to support it with changes, make a recommendation for approval, we hope. Speaker 8: 23:24 Your [inaudible 00:23:25]. Wayne Arnold: 23:27 Yes, ma'am? Let me get the Comment from you. Speaker 8: 23:27 Sorry guys. Speaker 11: 23:27 That's okay. Speaker 9: 23:37 So just a quick question on the affordable housing piece. What was the decision behind that, including that you said 26%? Wayne Arnold: 23:45 It's 22 and half percent. That seems to be the number, Rich and I have handled a handful of these projects, where we were asking for a comprehensive plan amendment to increase density or change the unit types, which this is an example of that. And that seems to be the figure that county commission and staff have accepted as an appropriate mitigation for those increases to at least give back something to the affordable housing crisis that we have in the community. Anything else from anybody? Speaker 3: 24:18 How do you propose to handle the traffic that needs to go westbound? JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 625 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Wayne Arnold: 24:24 So the traffic that would go westbound, we would really enjoy the opportunity to connect through the charter school to their light. We've had some initial discussions with them. There's been no commitment that they would do that. So if that's not the case, we'll have a Right-in/right-out only, so our traffic would go eastbound and then find a U-turn movement to go o a back to the west. Speaker 6: 24:45 Oh, boy. w a� c Speaker 8: 24:45 1 think that's going to be worth [inaudible 00:24:48]. 2 Wayne Arnold: 24:49 Please. I can only have one person speak at a time. It's really J disruptive to the audio, okay? Thank you. c 00 M Speaker 6: 24:55 So to stay consistent with my neighbor's behind me, this plan is c already proposed and there's still chances to make some N changes. That right rear corner down there, that seems to be J the problem for all the residents. Is there a way to eliminate a those dwellings on that bottom right R, keep the bottom one M and just leave that as a buffer zone to leave the neighbors from ti seeing the homes? �a Wayne Arnold: 25:19 1 can't make that commitment tonight that we would leave that L as an undeveloped portion of the site. But I can tell you, we'll be 2 speaking to our client about whether or not he can do 3 something with regard to the height of structures or buffering. Can you get the gentleman right behind you? m Speaker 11: 25:42 Just more or less as a statement for the county people and for r c c� 2 the people on the record. I just moved here from Colorado, Q from Broomfield. I moved out there about 12 years ago. And when you moved to a suburb of Denver, at the time, you could "' see the mountains, you could see the fields, and there was a E true buffer between communities. 12 years later, it's gone. z Every field, every piece of land that could be developed is being r developed. And you know what's happening to Colorado? r Q Eventually, you're going to have number one concrete and c pavement and development stretching from Fort Collins to E Colorado Springs. And number two, you make a city unlivable. Broomfield went from having fields and buffers between a neighborhoods to being a nonstop urban jungle. 26:30 And so, my only statement would be that Naples is what it is because it has good urban management, it has good planning. You start wiping out every patch of forest you can and turning it JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 626 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript into, even though I believe 350 is a fictional number and that is impossible. Once you start doing that, you remove the charm of the area, you crowd the streets, you build up more traffic lights, more pollution, light pollution, and you suddenly have no green space. You're just any old American city. Speaker 8: 27:09 What happens if you can't get the 350 units? What happens if it gets cut down at two or 250 or 190 or something like that? Are they not going to continue with the project if they can't get enough units? Wayne Arnold: 27:21 1 think that's going to be an evaluation that our client would have to do, whether it's financially feasible. If you get down to a number that isn't acceptable, there's a lot of costs associated with development and the numbers have to work in their favor, obviously they're not going to develop the project. Sharon, [inaudible 00:27:37]? Speaker 6: 27:40 What will be the projection completion date on this project? Wayne Arnold: 27:46 So we're currently in the zoning process and we're going through the South Florida Water Management District permitting process. We hope to have this wrapped up, hopefully zoning wise by the end of the year, it's feasible. Permitting wise, probably won't be wrapped up until later into the first quarter, second quarter of 2024. So construction probably occurring. Mike, I'll defer to you, mid-2024 at the earliest. Mike Delate: 28:11 Right. Speaker 3: 28:15 You mentioned something about traffic study. Has there been a study on what's going to happen when potentially 900 new motor vehicles coming out of this residence, that during rush hour, have to go up and turn around at the nearest U-turn? Wayne Arnold: 28:29 Yes. We have a professional traffic analysis that's been completed by our consultant. Staff has reviewed it, they've made some initial comments on it. There's not a capacity issue per se on Immokalee Road. So that's all being evaluated by the county at this time. Speaker 6: 28:43 So why did they force you to put it in the claim? Wayne Arnold: 28:45 Hang on, sir. I have to have it on you. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 627 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 3: 28:48 So is that study available on the website by click of the code that they have in the beginning. Wayne Arnold: 28:54 Yes, sir. Everything that's in our application packet that the county has is available for you all to review on our website. Speaker 3: 29:01 Thank you. Speaker 9: 29:01 [inaudible 00:29:02]. Wayne Arnold: 29:01 [inaudible 00:29:05]. Speaker 6: 29:06 Thank you. Yeah. Has this land been purchased or is this all contingent upon the approval? Wayne Arnold: 29:13 I'm not sure what the finer points of the contract are, but they're under contract for purchase and it has not been acquired. Speaker 9: 29:18 [inaudible 00:29:20]. Speaker 7: 29:23 Stay with the traffic situation, the Collier County is not forcing you to put a traffic light in if you can't adjoin with the school? Wayne Arnold: 29:30 The county has some pretty hard requirements to qualify for traffic signal and you have to meet certain warrants and that's partly volume, but partly accident data. The school has one that you can see in this location probably too close to qualify for another signal anyway. So us having our own signals probably not a realistic thought. Yes, ma'am? Speaker 8: 30:00 So I'm not sure if you all realize this, but for us that have kids in school, they just redistricted half of the schools, the middle school and the high school. The elementary school's already over capacity. So, if you're 350 houses, I'm sure a lot of them will have children. How does that impact us and our kids going to school if they were already overcrowded in the first place, and you were lucky enough to just get in? Wayne Arnold: 30:21 So, with regard to our application review, the Collier County School District actually reviews every zoning application, and we fill out a form with the estimated number of units. They calculate how many students that we equate to and then they distribute it amongst whether it's high school, middle, or elementary school students. And they will... Rich, I don't know. And as far as I know, they haven't made any comments yet on JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 628 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript our application. They rarely do make comments early on in the process if there are capacity issues, we do hear from them. But so far, we've not heard anything from the school district. Speaker 8: 30:53 So it wouldn't impact us - Wayne Arnold: 30:55 Hang on. Hang on. Speaker 8: 30:55 Sorry. So it wouldn't impact us getting redistricted again or it could is what you're saying? Wayne Arnold: 31:03 No, I don't have an opinion either way. Whether or not it would be redistricted, that's not something that we have anything to do with. The criteria is developed by the school district, not us. And so, I don't know what that may or may not do to you. Speaker 8: 31:21 Right. So the more people you're putting in, it could do something to us. When we just, again, bought our new houses and now we can get redistricted again if there's more kids coming in. And we're further back towards this, we're further east than that neighborhood. Wayne Arnold: 31:36 Well, that's only one factor. Because, keep in mind, the school district's always looking at redistricting and numbers of students in each geographic area and they're looking at new school sites. So it is not something that directly correlates to this piece of property. It's something that's a little bit larger than just our project. But they're continuously looking at the districts and the size of those district capacities. I see another hand up. Speaker 10: 31:59 Here, sir. Yes, sir. Speaker 3: 32:01 Just wondering, how many square feet the buildings are going to be? Wayne Arnold: 32:05 They vary in size, whether or not they're going to be an individual unit or the duplex. We have a minimum size that's in our application for those. So here we've proposed our development standards table, and this lists the minimum floor area per unit of 650 square feet. That's pretty standard for apartments these days in Collier County. Speaker 6: 32:37 What's the max? Is there a maximum up there for two? Wayne Arnold: 32:39 There's a minimum. Minimum floor area per unit is the first row, 650 square feet. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 629 9.A.2.f PL20220003804 — JLM Living East Residential Overlay and PL20220003805 — JLM Living East Residential Planned Unit Development May 30, 2023 NIM Transcript Speaker 6: 32:44 That's how you get so many units in there. The closets. Wayne Arnold: 32:48 Well, 650 square feet. That's pretty standard for a one -bedroom apartment in Collier County right now. Speaker 8: 32:52 Everything that we [inaudible 00:32:54]. Wayne Arnold: 3 2:5 6 Any other questions, comments? If not, we'll adjourn and want you to stay posted on the project. You're obviously interested. We appreciate you coming out. I'm going to put back up the slide that had our contact information on it. So, again, if you have any comments or questions, Sharon has cards. If you'd like them and if not, you can contact the county staff. Thank you all for coming out today. Appreciate your time. JLMLEP-22 JLM Living East May 30 2023 NIM Page Packet Pg. 630 9.A.2.g Attachment 6 Legal Ad and Sign Posting Packet Pg. 631 9.A.2.g (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 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. 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. 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 OAT] SAYS THAT HE/SHE HAS POSTED PROPERNOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220003804 and PL20220003805. 1 �"y au/ u`'� I/ L%�V 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX Sharon Umpenhour as Senior Planning Technician for Q. Grady Minor & Associates, P.A. NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF LEE Bonita Springs, Florida 34110 CITY, STATE ZIP The foregoing instrument was sworn to and subscribed before me this 20 day of October , 2023, by Sharon Umpenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me of who produced as identifi^^* ^^ and who d4dFdid not take an oath. YP .. CARIN J. DWYER Signature of Notary P lic +: MY COMMISSION # GG 982367 o ` EXPIRES: May 14, 2024 �'FodFtgP' Bonded Thru Notary Public Underwriters cr 1 Carin J. Dwyer Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 Packet Pg. 632 9.A.2.g i k t %a-.ira'."&'�°+iv�,'sis3, 0 a r N W C J J LO O O M O O O N N O N J d O M O ti N Packet Pg. 633 9.A.3 11 / 16/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Doc ID: 27041 Item Summary: PL20220004175 - 12425 Union Road RPUD - An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Residential Tourist (RT) zoning district and Conservation (CON) zoning district to a Residential Planned Unit Development (RPUD) zoning district to be known as the 12425 Union Road RPUD to allow up to 109 residential dwelling units on property located in Port of the Islands, approximately %2 mile north of Tamiami Trail East (US 41) at 12400 and 12425 Union Road, in Section 4, Township 52, Range 28, Collier County, Florida, consisting of 51.5f acres; and by providing an effective date. [Coordinator: Eric Ortman, Planner 111] Meeting Date: 11/16/2023 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 10/20/2023 10:10 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/20/2023 10:10 AM Approved By: Review: Zoning Eric Ortman Division Director Skipped 10/20/2023 9:06 AM Planning Commission Diane Lynch Review item Completed 10/30/2023 1:06 PM Zoning Eric Ortman Review Item Skipped 10/20/2023 9:06 AM Zoning Ray Bellows Review Item Completed 10/31/2023 1:05 PM Zoning Mike Bosi Review Item Completed 10/31/2023 1:20 PM Operations & Regulatory Management Diane Lynch Review Item Skipped 11/03/2023 1:41 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 11/04/2023 1:48 PM Planning Commission Ray Bellows Meeting Pending 11/16/2023 9:00 AM Packet Pg. 634 9.A.3.a Cotier County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: NOVEMBER 16, 2023 SUBJECT: PUDZ-PL20220004175: 12425 UNION ROAD RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) OWNER/APPLICANT/AGENTS: T 0 Owner: Lindsay J. Case 119 N. Wahsatch Ave. Colorado Springs, CO. 80903 Applicant: Alligator Reach, LLC 119 N. Wahsatch Ave. Colorado Springs, CO. 80903 REOUESTED ACTION: Agents: D. Wayne Arnold Q. Grady Minor & Assoc. 3800 Via Del Rey Bonita Springs, FL. 34134 Agent: Richard Yovanovich Coleman, Yovanovich, Koester 4001 Tamiami Trai N. Ste 300 Naples, FL. 34103 The petitioner is requesting that the Collier County Planning Commission (CCPC) consider an application to rezone land zoned both Residential Tourist (RT) and Conservation (CON) to a Residential Planned Unit Development (RPUD) to be known as the 12425 Union Road RPUD. The RPUD will permit a total of 109 residential dwelling units comprised of single-family detached dwellings and two-family attached dwellings. An amenity tract will contain a clubhouse and administrative and recreational facilities. Union Road, which runs north -south bifurcates the subject property. The f51.5-acre subject Subject Property property has ±39.5 acres zoned RT, and ±12 acres zoned CON. GEOGRAPHIC LOCATION: The f51.5-acre subject property lies roughly one mile north of the intersection of Union Road and U.S. 41 which is roughly 14 miles southeast of the U.S. 41 / Collier Boulevard intersection. The Port of the Islands (which contains the subject property) is unique in that it has an urban future land use 2-p� 2 �3[L 2g4 3L[ Page 1 of 18 PUSZ �L�9d 06M95 12425 Union Road RPUD Packet Pg. 635 9.A.3.a designation but is surrounded by many square miles of land with a conservation future land use designation. The Port of the Islands itself is a little greater than 400 acres in size, and measures approximately 2 miles north to south and one-half mile east to west at its widest, and is in Sections 3 & 4, Township 52 South, Range 28 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The RPUD petition proposes to rezone vacant, previously cleared land, currently zoned RT and CON, to a RPUD to permit development of up to 109 single-family and attached two-family residential dwelling units. Based on the underlying zoning — Residential Tourist which permits 16 dwelling units per acre — more than 600 multi -family dwelling units could be built on the property. There is a Declarations of Restrictions and Protective Covenants (Attachment 2) attached to the property which limits development to between 100 and 125 dwelling units depending on certain clauses in the Declaration. The County does not enforce private covenants and restrictions. The applicant is working with the Port of the Islands Neighborhood Improvement District to acquire the rights for the necessary utility connection rights for 109 dwelling units, which is the same as the number of units that the applicant is proposing. The Port of the Islands is divided by U.S. 41 into a northern and a southern part. The roughly 170-acre northern part includes the f53-acre North Port Bay PUD which abuts the subject property to the south, a f7-acre parcel containing the former hotel, the f51.5-acre subject parcel, a f5-acre water treatment facility for Port of the Islands residents and businesses, a f53-acre private gun club, and a communication tower (see graphic to right). Entrance to the PUD will be via Union Road which runs north from U.S. 41 through the North Port Bay PUD. Union road is owned by the Port of the Islands and bisects the subject property. The graphic to the right shows the location of the subject property, the former hotel, and the water treatment facility. In addition to the proposed 109-dwelling units, the RPUD will include a clubhouse, community administrative and recreational facilities for residents and guests, and — during the active construction period — leasing and construction offices. Should this petition be approved, the f53-acre private gun club at the northern terminus of the Port of the Islands will be the last undeveloped parcel in the northern half of the Port of the Islands. Page 3 is a site location map; pages 4 and 5 are the proposed master plan for the project T CM 2-p� 2 �3[L 2g4 3L[ Page 2 of 18 PU6Z YL�902280W95 12425 Union Road RPUD Packet Pg. 636 M Q 9LMOOZZOZld : �VOLZ) £Z-0£-06 o`da Peou uoiun SZVZ VGL MOOOZZO-ld-Zand vodau liels quawyoeliv f,r *, k CL 0 "4 4 pr.d PUSZ-W�90228d6M95 12425 Union Road RPUD Page 3 of 18 9.A.3.a FUD BOUNDARY w 20IM€D. A4 ACMTT M USE rAXISEWATM aI ZONED i V5h USE GUM CLLA UI R 0 ■i r 11A N ROAD ZON6D. p USE. U73LIfi SITE +1 Ri WON ROAD ZONED. CON IACSUS I USE CONSERV ATInN 1 �� Zi4rTED i� f � T PARTi5F T1.115 F%)O) - Q 01FENTW4 ZONED: NORTH P4R I BAY iiND"OFrm POW SAY ACCESS 4%: CONSERVATION LAE K 60ENTIIt LEGEND: R RESIDENTIAL TO Trd.IAM AA AM€hIITY MtE TkUL FAST' LANDSCAPE SUFFERS AC�F5S ' 1 . 7 Y WIN TYPE M -a• -j,?W UAW M040 AMP EEVIATK '2 . 1Cr Wille TYPE it SCALE ri4�' SE 1' _ � •�"ry..•. wi x�..,. WSTfm PLAN ...... 1-r iji�-u- '1 USE VACAUT j [222� pp�S 2222 �33LLLL 22gg443333 Page 4 of 18 F6-62VL29022g00MY5 12425 Union Road RPUD Packet Pg. 638 9.A.3.a siTL summARY MTAL 5ME AREX 51.% AQR€5 RE Fl1I L Tl+40: 40 5t LCPJ=IP3 WKI AmEwry blMA T T h RES IA%M RE.sCaMTi L- I ID9OWE LLIFJG LNIt3 PRCIti9DEOr 50% fMTHN THE CIVERAIL L PLIDI FFAESRRW Fm ciGmmu. of AcFtE 9 Ir4G mArrvE VECIETATM E A 9 T 3 C* EITE I PRO VIDEEk m AUMA DEMIATI0M$ MW THE LM. KOFF FKWV tDC 3 CM14 6 M 01. -5 MF WTEM It[-QUREMEH+TS WHICH EST.&LIV15 A IAINIMUM SO-FDG T glGhfT DF WA WUM FOR LCXAL 5TREErS, T13 4NSTEAD ALL12W FM P'RrVILTE ROAM WffM TFif 971 rO ICE LET! d IN A 5-FDOT.W*f MMS E ASOMOPF OA MOT[ AIW-0G- 1 #(( TXkhEUT 11. 1VPr-k RM OM iFCFIDN 1 THS PI-M L$ CQIFGrPTLML IN MATLMV; AMP IF;� 5UWt-QY W MINOR MOD IF1CAT KIN M* TO &GENCY PCP"TTWG FEOLWKWNT9 01:F;N!Vkft I J 1 1. . ; I9-M L 1� �� !1• H 1 H J�IJ Li • • -- LL+L Yii t�mm �L I1� !SAT 1 [222� pp�S 2222 �33LLLL 22gg443333 Page 5 of 18 PU6Z-�L29022g00MY5 12425 Union Road RPUD Packet Pg. 639 9.A.3.a North: Conservation (CON) zoning South: North Port Bay PUD East: Public Use zoning (P); Conservation (CON) zoning, Area of Critical State Concern (ACSC), Special Treatment Overlay (ST) West: Agricultural zoning (A), Area of Critical State Concern (ACSC), Special Treatment Overlay (ST) Intentionally Blank T 0 N Collier County Zoning Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The f51.5-acre site has a future land use designation of Urban/Urban Mixed -Use District/Urban Residential Subdistrict. It is the intent of the FLUE that urban designated areas accommodate most of the population growth and that new intense land uses be located within them. Pages 28-29 of the FLUE states that, "The Port of the Islands is a unique development, which is located within the Urban DesignatedArea, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands is eligible for all provisions of the Urban Mixed -Use District in which it is located to the extent that the overall residential density and commercial intensity does not exceed that permitted under zoning at time of adoption of this Plan. " Page 57 of the FLUE (1.e.2) states that, `All new residential zoning located within Districts, Subdistricts and Overlays identified above the that are subject to this Density Rating System shall be consistent with this Density Rating System, except as provided in: 2) The Urban Mixed -Use District for the "vested portion of the Port of the Islands development. " 2-p� 2 �3[L 2g4 3L[ Page 6 of 18 PUSZ �L�902280004195 12425 Union Road RPUD Packet Pg. 640 9.A.3.a Being exempt from the Density Rating System of the FLUE and being "vested" to the extent that the density of proposed project is well below what is permitted based on the underlying zoning, the density of the proposed project, slightly more than two (2) DU/ac is consistent with the FLUE. FLUE Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl. The proposed development is with an urban residential subdistrict. These subdistricts are intended to accommodate most of the County's residential growth. FLUE Policy 5.6 requires that new projects be compatible with, and complementary to surrounding land uses. Land to the north, west and east of the subject property is zoned A and CON with ACSC and ST overlays. The overlays are intended to protect and preserve the natural, environmental, economic resources, and intricate ecological relationships with the area's ecosystem. Any proposed development shall comply with the Florida Administrative Code, and any building, including roads, must reestablish the existing sheet - flow that existing prior to development. With development essentially not allowed in these areas, it is impossible for the proposed developed which is permitted and designated as an urban residential subdistrict, to be either compatible or complementary with surrounding properties. FLUE Policy 5.6 is not applicable to these lands. Residential development of the petitioner's land is appropriate per its future land use designation. Development of the subject property would be both complementary and compatible with the North Port Bay PUD (FLUE Policy 5.6) which lies to the south and which consists of two-story multi -family dwelling units. The northeast corner of the subject property abuts a water treatment facility for the Port of the Islands. The proposed project will have a Type B buffer on this section of the development shielding residents from the treatment facility. GMP Conclusion: Based upon the above analysis, the proposed 109 dwelling units and the PUDZ application has been deemed consistent with the Future Land Use Element. Based on the "vested" nature of the Port of the Islands, the proposed density of 109 units is roughly one -sixth (1/6) of what is permitted and being complementary and compatible, where practical, with surrounding development, Comprehensive Planning staff concludes that the project is consistent the Growth Management Plan (GMP). Transportation Element: In evaluating this project, staff reviewed the applicant's February 2, 2023 (revised), Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity ofpermissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and T 0 N 2-p� 2 �3[L 2g4 3L[ Page 7 of 18 PUSZ �L�902280004195 12425 Union Road RPUD Packet Pg. 641 9.A.3.a c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project's significant impacts on all roadways. " Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 108 PM peak hour, 2-way trips on the adjacent roadway segments of East Tamiami Trail (US-41). The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Projected 2021 AUIR 2022 AUIR Hour Peak P.M. Peak LOS/ LOS/ Direction Hour/Peak Remaining Remaining Volume/Peak Direction Capacity Capacity Direction Project Trips 1 96.0/Tamiami SR-29 to San 1,000/East 61/East B/ B/ Trail East Marco Drive 784 734 US-41 95.3/ Tamiami San Marco Dr to 1,020/East 48/East D/ F/ Trail East Greenway Rd 57 (113) (2) (US-41) 95.2/ Tamiami Greenway Rd to 1,020/East 41/East C/ C/ Trail East Joseph Ln 837 667 (US-41) 95.1/ Tamiami Joseph Ln to 3,100/East 41/East B/ C/ Trail East Collier Blvd 1,692 1,454 (US-41) 94.0/ Tamiami Collier Blvd to 3,000/East 17/East C/ C/ Trail East Triangle Blvd 1,033 973 (US-41) 93.0/ Tamiami Triangle Blvd to 3,000/East 17/East D/ D/ Trail East Rattlesnake 628 280 (3) (US-41) Hammock Rd (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the November 11, 2022, Traffic Impact Statement provided by the petitioner. (2) BCC adopted 2022 AUIR indicated LOS "F". However, consultation and investigation of FDOT count stations, locations, and confirmation traffic studies resulted in more accurate and acceptable LOS `B" and 744 remaining trips for this roadway link. Further the FDOT count stations and traffic counts are proposed for the 2023 AUIR. Staff will be working to establish additional Collier County count station(s) to address accuracy concerns/issues. (3) Expected deficient by trip bank, see State Statute 169.3180. Based on the TIS, the 2021 and the 2022 AUIR, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. T 0 2-p� 2 �3[L 2g4 3L[ Page 8 of 18 PU6Z YL�902280004195 12425 Union Road RPUD Packet Pg. 642 9.A.3.a Conservation and Coastal Management Element (COME): Environmental Planning staff found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes do not affect any of the environmental requirements of the GMP. STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in Land Development Code (LDC) Section 10.02.13 B.S., 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 PUD petition to address environmental concerns. The property has been historically cleared as such no preservation is required. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval of the proposed Ascend Naples PUDZ. Utilities Review: The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter stating that there is sufficient capacity for the project's 109 dwelling units; but clarifies that the applicant only possesses 107.8 ERCs within the project, and there is an understanding between the applicant and the POICID that the applicant will request to reserve and purchase an additional 1.2 utility ERCs. Landscape Review: Staff has reviewed the petition for compliance with the LDC and recommends approval of this project. The buffer types labeled on the Master Plan are consistent with the Land Development Code. Stormwater Review: Stormwater staff has reviewed the petition for compliance with the GMP and the LDC. Stormwater staff has determined at this stage of project zoning action no adverse impacts to downstream properties are evident. Zoning Services Review: Port of the Islands is bisected by U.S. 41 into northern and southern halves. This petition is north of U.S. 41 and seeks to rezone two parcels totaling ±51.5 acres — approximately 39.5 acres are zoned RT and approximately 12 acres are zoned CON. The property is currently "vested" (see GMP Consistency section beginning on page 6) meaning that the residential density may be up to what is allowed in the underlying district. The ±39.5 RT acres have a maximum density of 632 units (39.5 * 16 = 632); the ±12 CON acres have a maximum density of 2.4 units (12 * 0.2 = 2.4). With the caveat that most of the homes will be required to be built on the RT portion of the land, the 109 units being requested in well below what may be entitled and represents a significant downzoning. Buffers will surround the perimeter of the property except for where the property abuts undeveloped vacant CON zoned land. The PUD will provide 60 percent (60%). The land has previously been cleared therefore, there is no preserve or native vegetation requirement. The applicant has requested one deviation to reduce the minimum 60-foot ROW width for local streets to instead allow for onsite private roads to have a 50- 2-p� 2 �3[L 2g4 3L[ Page 9 of 18 PUSZ �L�902280004195 12425 Union Road RPUD Packet Pg. 643 9.A.3.a foot access easement or private ROW. Staff recommends approval of this deviation. States notes that by amending the Development Agreement between the Port of the Islands Community Improvement District and the State of Florida and/or the Declaration of Restrictions and Protective Covenants, the applicant could amend the PUD thereby increasing its density. PUD FINDINGS: LDC Section 10.02.13.13.5 states that, "In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan's compliance with the following criteria in addition to the findings in LDC Section 10.02.08": 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The site is suitable for the proposed development. The land has previously been cleared and filled and has a utilities available to the site. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. N 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application, which were reviewed by the County Attorney's Office, demonstrate unified control of the property. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Based on the "vested" nature of the Port of the Islands, the proposed density of roughly one -sixth (1/6) of what is permitted, and the project being complementary and compatible, where practical, with surrounding development, staff believes that the project, subject to a potential change in the density allowed, is consistent the GMP. See page of this report for additional details. 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 project is compatible with the PUD that abuts to the south and is buffered on its perimeter where it abuts residential land. As described in the Staff Analysis section of this staff report subsection Landscape Review, staff is of the opinion that the proposed project will be compatible with the surrounding area. The buffers proposed on the Master Plan are consistent with LDC requirements. 2-p� 2 �3[L 2g4 3L[ Page 10 of 18 PUSZ �L�902280004195 12425 Union Road RPUD Packet Pg. 644 9.A.3.a 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The PUD will provide the required 60% of the gross area for usable open space (LDC 4.07.02.G.1). No deviation from the open space requirement is being requested, and compliance will be demonstrated at the time of SDP or platting. 6. The timing or sequence of development for the purpose of ensuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure has sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at 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. 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. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water r and wastewater service areas. The POICID provided a service availability letter for the project. The o applicant has acquired and/or reserved the necessary water and sewer connections from the POICID. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The project area could only be expanded if additional land were acquired, most likely the private gun club that abuts the property to the north. An amendment to the Development Agreement between the Port of the Islands Community Improvement District and the State of Florida and/or the Declaration of Restrictions and Protective Covenants would be required should the applicant wish to internally (increase density) expand. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on a determination that such modifications are justified as meeting public purposes to a degree at least equivalent to the literal application of such regulations. The proposed development will conform with the proposed PUD regulations. There is one, staff supported, deviation being requested to reduce the ROW width of internal roads from 60 feet to 50 feet. Rezone Findings: LDC Subsection 10.02.08.17 states, "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 of the Future Land Use Map and the elements of the Growth Management Plan. Due to the proposed PUD being "vested" by the GMP, it is consistent with the goals, objectives, and policies of the GMP/FLUM; no amendment to the GMP is required for approval of this project. 2-p� 2 �3[L 2g4 3L[ Page 11 of 18 PUSZ �L�902280004195 12425 Union Road RPUD Packet Pg. 645 9.A.3.a 2. The existing land use pattern. The Port of the Islands is unique in that it is has a future land use designation of urban residential subdistrict, yet it is also totally within the Big Cypress Area of Critical State Concern (ACSC). Its unique nature and future land use designation make it impossible for it to be compatible with the ACSC that surrounds it but it replicates the PUD development that abuts to the south and is complimentary to and compatible with the existing land pattern to the extent that is feasible. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Port of the Islands is a "vested" urbanized area in the middle of an area of critical state concern. Given this designation and status, the Port of the Islands is itself an isolated district. The proposed project will not create an isolated district but will become part of what is an existing isolated district. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. As shown on map earlier in this report, the existing property boundaries are logically drawn and follow the property ownership boundaries and coincide with the GMP subdistrict boundaries. The fact that the c subject property is split into two zoning districts is beyond the control of the applicant and something N that the applicant should not be held accountable for. M, 5. Whether changed or changing market conditions make the passage of the proposed amendment necessary. The seller of the property, the Port of the Islands Community Development District, believes that the development of single-family and two-family dwelling units is more appropriate than the uses permitted in the RT district which does not permit single- or two-family dwellings though it does permit townhouses. The proposed zoning change is required to allow for single- and two-family uses. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed master plan and buffering will ensure that the project will not adversely impact living conditions in the neighborhood. The North Port Bay PUD which abuts to the south is the only development that is proximate to the subject property and residents of this PUD may only notice a few additional cars driving by their homes. The land on the other three side of the proposed project is protected conservation land. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project at this time and as outlined above, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project's development must comply with all other applicable concurrency management regulations when development approvals are sought. 2-p� 2 �3[L 2g4 3L[ Page 12 of 18 PUSZ �L�9d 06M95 12425 Union Road RPUD Packet Pg. 646 9.A.3.a & Whether the proposed change will create a drainage problem. Stormwater staff has determined at this stage of the proj ect's zoning that no adverse impacts to downstream properties are evident. In addition, the project will require a SFWMD permit for a surface water management system which may improve overall drainage of the property. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Given the maximum actual height of 45 feet and the likely distance between units of the new project and existing units, the proposed change will not seriously reduce light and air to the surrounding area. 10. Whether the proposed change will adversely affect property values in the adjacent areas. There are not too many areas like Port of the Islands that offer the potential of living surrounded by miles c of untouched land and little surrounding development. The proposed project may have a positive impact on o adjacent property values due to its uniqueness. There is a large degree of subjectiveness concerning property N values. Given its uniqueness it seems a reasonable conclusion that the project will not have a negative J impact on the value of surrounding properties. a T 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Should this project be approved, the only land left to be developed on the north side of the Port of the Islands is the ±53-acre private gun club. Approval of this petition will not be a deterrent to development of the gun club property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed project is consistent with the Growth Management Plan which is the guiding land use document for the County. Implementation of the Growth Management Plan is in the publics' interest. The proposed development standards are comparable with the development standards of the PUD to the south. Aside from asking for a deviation for a narrower (50-foot) private ROW for internal roads, which is support by Transportation Planning Services, the applicant is requesting no special requests and is not being granted any privilege that is not available to any other developer. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Beyond the seller of the property believing that development of the property with its current permitted uses is not in the best interests of the Port of the Islands, there are no substantial reasons why the property cannot be used in accordance with existing zoning. However, the proposed project represents a significant downzoning from what the property is currently zoned for. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. The density of the proposed project is a little greater than 2 DU/ac. The North Port Bay PUD was permitted (Ord. 00-05) at a density of just under 5 DU/ac. This is the only development to compare the proposed project too and is in keeping with the scale of the neighborhood. 2-p� 2 �3[L 2g4 3L[ Page 13 of 18 PU6Z YL�902280W95 12425 Union Road RPUD Packet Pg. 647 9.A.3.a 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There are likely other adequate sites within the County that currently would permit the proposed project without the need for rezoning. The developer has selected this site as it is consistent with the GMP; has sufficient public facilities; represents a higher and better use of the land than what it is currently used as and is more economically advantageous to the developer. 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 site has been previously cleared and filled. Some site alteration, specific to the project may be required. Union Road, which provide access to the property, will need a significant upgrade to make it consistent with the southern part of the road leading to U.S. 41. The development will be responsible for all costs associated with the upgrading of Union Road. 17. The impact of development on the availability of adequate public facilities and services is r consistent with the levels of service adopted in the Collier County Growth Management IV Plan and as defined and implemented through the Collier County Adequate Public cm Facilities Ordinance, as amended. M The applicant does not expect any public facility deficiencies resulting from this project. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. M Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare. To be determined by the Board of County Commissioners during the advertised public hearing. The project lies within the Port of the Islands Community Improvement District's (POICID) potable water and wastewater service areas. The POICID provided a service availability letter for the project. DEVIATION DISCUSSION: The petitioner is seeking a single deviation from LDC §6.06.01 which establishes a minimum 60-foot right of way width for local streets to instead allow for private roads within the property to have a 50- foot-wide access easement or private right of way. The petitioner's rationale and staff analysis/recommendation are outlined below. Petitioner's Justification: The number of lanes and required lane width can be accommodated within the proposed 50-foot access easement or right of way and the reduction in the minimum required width will provide for a more efficient and compact development project. The proposed utilities and other supporting infrastructure will have adequate separations within the 50-foot width. Staff Analysis and Recommendation: Transportation Planning recommends APPROVAL of this deviation. The request is limited to privately owned and maintained roadways. This is a commonly approved deviation with no major issues related to the reduced width of the roadway. 2-p� 2 �3[L 2g4 3L[ Page 14 of 18 PUSZ �L�9d 06M95 12425 Union Road RPUD Packet Pg. 648 9.A.3.a NEIGHBORHOOD INFORMATION MEETING (NIM): The project's NIM was held at 5:30 p.m. on March 7, 2023, at the Port of the Islands Resort Conference Room located at 25000 Tamimi Trail East. Thirty-six people attended the NIM in person. Wayne Arnold and Francesca Passidomo gave a brief overview of the project's specifics and the interactions between Mr. Case, the new property owner, the Community Improvement District, and the applicant team. The presentation covered the details of the project before opening the meeting up to questions. There were many questions which seems to be asked out of curiosity or concern but did not seem to be asked from a standpoint of being opposed to the project. The applicant team responded to all project -related questions asked. In no particular order, questions were asked about: traffic study, time to complete development of the project, infrastructure, improvement of Union Road and who would pay for it, drainage, water, flooding, how much Mr. Case paid for the property and how invested in the project he was, whether there would be a berm bordering the gun club, size of the lots and homes, and whether soil testing would be done to determine what lead levels were in the water. In response to this last question, the applicant team responded that testing for potential lead contamination was not required by the County, that Mr. Case would retain a geotechnical firm to conduct soil boring, no details were provided on the type of testing to be done. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW: 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. Environmental Services staff recommends approval of the proposed petition. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 30, 2023. RECOMMENDATION: Staff recommends that the CCPC approve Petition PUDZ-PL20220004175 including the requested deviation to reduce the right of width on internal private roads. Attachments: 1. Proposed Ordinance 2. Declaration of Restrictive Covenants 3. Applicant's Backup Documentation (including NIM) 4. Legal Advertising and Signage T 0 N 2-p� 2 �3[L 2g4 3L[ Page 15 of 18 PUSZ �L�9d 06M95 12425 Union Road RPUD Packet Pg. 649 9.A.3.b ORDINANCE NO. 2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RESIDENTIAL TOURIST (RT) ZONING DISTRICT AND CONSERVATION (CON) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO BE KNOWN AS THE 12425 UNION ROAD RPUD TO ALLOW UP TO 109 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IN PORT OF THE ISLANDS, APPROXIMATELY V, MILE NORTH OF TAMIAMI TRAIL EAST (US 41) AT 12400 AND 12425 UNION ROAD, IN SECTION 4, TOWNSHIP 52, RANGE 28, COLLIER COUNTY, FLORIDA, CONSISTING OF 51.5f ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220004175]. WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc., and Francesca Passidomo, Esq., of Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Zoning Classification The zoning classification of the herein described real property located in Section 4, Township 52, Range 28, Collier County, Florida, is changed from a Residential Tourist (RT) Zoning District and Conservation (CON) Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a project known as 12425 Union Road RPUD, in accordance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number [22-CPs-02293/1821151/1]121 Pagel of2 PL20220004175 — 10/16/2023 12425 Union Road RPUD Packet Pg. 650 9.A.3.b 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this 9th day of January 2024. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D. Perry ,L Assistant County Attorney Attachments: Exhibit A — Permitted Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit D — Legal Description Exhibit E — List of Deviations Exhibit F — Developer Commitments [22-CPS-02293/1821151/1] 121 PL20220004175 — 10/16/2023 12425 Union Road RPUD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Page 2 of 2 Chris Hall, Chairman Packet Pg. 651 9.A.3.b EXHIBIT A LIST OF PERMITTED USES Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of Site Development Plan (SDP) or plat. Where the PUD ordinance does not provide development standards, then the provision of the specific sections of the LDC that a. are otherwise applicable shall apply. 0 PERMITTED USES: _ 0 A maximum of 109 residential dwelling units shall be permitted within the PUD. No building or structure, or ,Ln part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: N T I. RESIDENTIAL TRACT: 0 A. Principal Uses: c N N 0 1. Residential Dwelling Units, including: � a. a. Single family, detached b. Two family, attached c ti N 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal y uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process R w outlined in the LDC. __ a 0 B. Accessory Uses: t r 3 Accessory uses and structures customarily associated with the permitted principal uses and structures, N including, but not limited to: 0 1. Garages and carports (residential lots only) 2. Model Homes per LDC (residential lots only) _ 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and = picnic areas (common areas only). p 4. Swimming pools, spas, cabanas, and screen enclosures (residential lots only). 5. Water management facilities to serve the project such as lakes (common areas only). E s II. AMENITY AREA TRACT: r a A. Principal Uses: m E 1. Clubhouses, community administrative facilities and recreational facilities, intended to serve residents and guests, including leasing and construction offices (during active construction only). Q (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 1 of t2 Packet Pg. 652 9.A.3.b B 2. 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 by the process outlined in the LDC. Accessory Uses: Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited: Swimming pools and spas Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 3. Water management facilities to serve the project such as lakes. (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 2 of 12 r Packet Pg. 653 9.A.3.b EXHIBIT B LIST OF DEVELOPMENT STANDARDS The standards for land uses within the development shall be as stated in these development standard tables. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision plat. TABLE I PRINCIPAL STRUCTURES *2 SINGLE FAMILY (DETACHED) TWO FAMILY (ATTACHED) AMENITY AREA Minimum Floor Area (per unit) 1,500 SF 1,500 SF N/A Minimum Lot Area (per unit) 3,000 SF 2,625 SF 5,000 SF Minimum Lot Width (per unit) 40 feet 35 feet N/A Minimum Lot Depth 75 feet 75 feet N/A Minimum Setbacks Front Yard *6 20 feet 20 feet 20 feet Side Yard 5 feet 5 feet *7 5 feet Rear Yard 10 feet 10 feet 10 feet PUD Boundary 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 10 feet *3 10 feet Maximum Building Height *5 Zoned Actual 35 feet 45 feet 35 feet 45 feet 35 feet 45 feet ACCESSORY STRUCTURES *1 Minimum Setbacks Front Yard *6 SPS SPS SPS Side Yard SPS SPS SPS Rear Yard *4 5 feet 5 feet 5 feet PUD Boundary 10 feet 10 feet 10 feet Minimum Distance Between Buildings 10 feet 10 feet *3 10 feet Maximum Building Height *5 Zoned Actual 20 feet 25 feet 20 feet 25 feet 20 feet 25 feet SPS - Same as Principal Structure BH - Building Height (zoned height) a �a 0 c 0 N N uO ti v 0 0 0 N N O N J d 0 ti N Ta c a t 3 M N O O d U c R c '0 L O c m E t U M r r Q c 0 E �a Q (12425 Union Road RPUD PL20220004175) (October 10. 2023) Page 3 of 12 Packet Pg. 654 9.A.3.b *1 — Does not apply to passive recreational uses such as trails/pathways, which may be located within internal open space areas. *2 — 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 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. *3 — Zero feet if attached, 10 feet if detached. *4 — May be reduced to 0 feet where abutting an open space, water management or landscape buffer tract. *5 — Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30, *6 —Applies to attached or detached Garages. Front facing garages shall provide a minimum 23 feet from sidewalk to the garage *7 — Zero feet if attached, 5 feet if detached. Note: nothing in this PUD Document shalt be deemed to approve a deviation from the LDC unless it is expressly stated in the list of deviations in Exhibit E. (12425 Union Road I&UU PL2022 0004175) (October 10, 2023) Page 4 of 12 Packet Pg. 655 9.A.3.b ZONED: CON (ACSCIST) USE: GUN CLUB UNION ROAD I R _ o I PUD BOUNDARY�-I _z I0 m rn 1mm m 0 ZONED: A (ACSCIST) USE: CONSERVATION I R ' 1 ' �I ZONED: RT I *1 I USE: VACANT (NOT PART OF _ THIS PUD) ZONED: P USE: UTILITY SITE UNION ROAD ZONED: CON (ACSCIST) USE: CONSERVATION POTENTIAL ZONED: NORTH PORT BAY ZONED: NORTH PORT BAY ACCESS USE: CONSERVATION USE: RESIDENTIAL LEGEND: G2 R RESIDENTIAL OZ TO TAMIAMI AA AMENITY AREA �� TRAIL EAST LANDSCAPE BUFFERS: �-► ACCESS *1 - 15WIDE TYPE 'B' DEVIATION *2 - 10' WIDE TYPE 'D' 411, N SCALE: 1" = 400. WHEN PLOTTED ® k5` X t I' 0. Cady III • m d 0—INIVIN P.d {iradyMitior ;'"D%1. 0, T n�wia sp,i„Fs, nand. 3� 131 2f vil Englnecrs Land Surveyors Ylanacra . Landscape Archlteclx ,�IUU, eawnsr„ r.d me,m iao ,,u., a+d.d.w2omn2ee Bdniw 5prhip 239.917.11 Il .wx. brad, Wdnc rum Fort Myem 239.690.43110 12425 UNION ROAD RPUD JOF co" EXHIBIT C MASTER PLAN REVISED OCTOBER 10, 2023 DATL sc r. wn MIA "E SHr.rr I v- - Packet Pg. 656 9.A.3.b SITE SUMMARY TOTAL SITE AREA: 51.5± ACRES RESIDENTIAL TRACT: 49.5± ACRES (96%) AMENITY AREA TRACT: 2± ACRES (4%) RESIDENTIAL MAXIMUM 109 DWELLING UNITS OPEN SPACE: REQUIRED- 60% PROVIDED: 60% (WITHIN THE OVERALL PUD) REQUIRED: 0± ACRES (NO NATIVE VEGETATION EXISTS ONSITE) PROVIDED: 0± ACRES DEVIATIONS FROM THE LDC: -11 RELIEF FROM LDC SECTION 6.06.01, "STREET SYSTEM REQUIREMENTS", WHICH ESTABLISHES A MINIMUM 60-FOOT RIGHT OF WAY WIDTH FOR LOCAL STREETS, TO INSTEAD ALLOW FOR PRIVATE ROADS WITHIN THE SITE TO BE LOCATED IN A 50-FOOT-WIDE ACCESS EASEMENT OR PRIVATE RIGHT-OF-WAY. SEE EXHIBIT E1, TYPICAL ROW CROSS SECTION. NOTES THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. V ca. lPiwr.ma 1. -l- P 1 GradyMinor 11.w1.1 ,1E I... qr1 P.A., su.M .11w+0. 3+13 001 Enonccra . Land Surveprs . Planners . Landccape:lrchltcc[s .rl N.­ rAf .151 rsn •9— I.R ma.sI Ris. l.r.=fA 2" E�•:lkla tiplilyr: 239947.1111 .w..f: raRY llionr.rnm Foil My— 239.690.13H 12425 UNION ROAD RPUD EXHIBIT C MASTER PLAN NOTES REVISED SEPTEMBER 5. 2023 l0R NCr ro�a aM ru wua g SH4F" 2 OF 2 J Packet Pg. 657 9.A.3.b EXHIBIT D LEGAL DESCRIPTION PARCEL A: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATTHE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, THENCE RUN SOUTH 00'19'01" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, _ FOR A DISTANCE OF 2387.39 FEET; THENCE RUN NORTH 89°40'59" WEST, PERPENDICULAR TO THE EAST LINE OF c THE NORTHEAST 1/4 OF SAID SECTION 4, FOR AD I STANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00'05'55" EAST, ALONG THE EASTERLY LINE OF SAID SERVICE N ROADWAY EASEMENT, FOR A DISTANCE OF 3.19 FEET; THENCE RUN NORTH 89"54'05" WEST ALONG THE N NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 35.00 FEET; THENCE RUN SOUTH r 00'05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FORA DISTANCE OF 3.06 FEET; Ln r- THENCE RUN NORTH 89°40'59" WEST FOR A DISTANCE OF 77.18 FEET; THENCE RUN SOUTH 00°19'01" WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 299.88 FEET; 0 THENCE RUN SOUTH 00"20'13" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, N FOR A DISTANCE OF 350.03 FEET; THENCE RUN SOUTH 89°39'47" EAST, FOR A DISTANCE OF 79.78 FEET TO A POINT c CN ON THE WESTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN SOUTH 00°05'55" WEST, ALONG THE J WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN NORTH a 89"39'47" WEST, FOR A DISTANCE OF 213.29 FEET; THENCE RUN NORTH 00°20'13" EAST, FOR A DISTANCE OF 303.59 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 390.26 FEET; THENCE RUN SOUTH 00'20'13" WEST o ti FOR A DISTANCE OF 565.00 FEET; THENCE RUN NORTH 89'39'47" WEST FOR A DISTANCE OF 124.74 FEET; THENCE RUN SOUTH 00°20'13" WEST, FOR A DISTANCE OF 394.41 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A y DISTANCE OF 290.20 FEETTO A POINT ON THE EASTERLY RIGHT -OF- WAY LINE OF THE FAHKA UNION CANAL; THENCE 6 w RUN NORTH 00°30'33" EAST ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL FORA c DISTANCE OF 4124.12 FEET; THENCE RUN NORTH 45"22'18" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY a OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 224.67 FEET; THENCE RUN NORTH 89°42'31" EAST, ALONG THE 0 PROPOSED SOUTHERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 676.00 FEET; THENCE r RUN NORTH 44°42'31" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR 3 A DISTANCE OF 387.97 FEET, THENCE RUN NORTH 00°30'33" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY N OF SAID FAHKA UNION CANAL, FORA DISTANCE OF 72.26 FEETTO A POINT ON THE NORTH LINE OF THE NORTHEAST o T- 1/4 OF SAID SECTION 4; THENCE RUN NORTH 89°42'31" EAST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF o SAID SECTION 4, FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT FROM PARCEL A THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4439, PAGE 1126, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; BEGIN ATTHE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°38'58"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 238739 FEET; THENCE RUN S89°21'02"W, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT AS RECORDED IN O.R. BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N00'52'04"W, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.19 FEET; THENCE RUN S89°07'56"W, ALONG THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 35.00 FEET; THENCE RUN S00"52'04"E, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.06 FEET; THENCE RUN 589"21'02"W FOR A DISTANCE OF 77.18 FEET; THENCE RUN 500°38'58"E, FOR A DISTANCE OF 69.43 FEET; THENCE RUN S89'32'34"W, FOR A DISTANCE OF 111.67 FEET; THENCE (12.125 tinion Road RPb'D P1.20220004175) (October 10, 2023) Page 7 of 12 1, " Packet Pg. 658 9.A.3.b RUN N46°46'08"W, FOR A DISTANCE OF 125.85 FEET; THENCE RUN N 53°15'08"W, FOR A DISTANCE OF 424.94 FEET; THENCE RUN S89°32'34"W FOR A DISTANCE OF 242.59 FEET; THENCE RUN N46°46'08"W, FOR A DISTANCE OF 199.70 FEET TO A POINT ON THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN NOO°27'26"W ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 1455.84 FEET; THENCE RUN N44°24'19"E ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 224.67 FEET; THENCE RUN N88°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 676.00 FEET; THENCE RUN N43°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 387.97 FEET; THENCE RUN N00°27'26"W, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 72.26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN N 88°44'32"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA- THENCE RUN SOUTH 00°20'13" WEST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH 00°20'13" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 947.37 FEET; THENCE RUN NORTH 89°39'47" WEST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 131.28 FEET TO THE EAST LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00°05'55" EAST, ALONG THE EAST LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN SOUTH 89'39'47" EAST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 135.22 FEET TO THE POINT OF BEGINNING. BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00"20'13" WEST. LESS AND EXCEPT FROM PARCEL B THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4522, PAGE 2249, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 500°37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOO`37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N45"37'46"W, FOR A DISTANCE OF 269.88 FEETTO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 92.50 FEET THROUGH A CENTRAL ANGLE OF 45°00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23'07'46"W, FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN NOO'37'46"W, FORA DISTANCE OF85.06 FEET; THENCE RUN N89"22'14"E, FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S00°37'46"E. AND (12.125 Union Road RPUD PL20220004)75) (Oclober 10, 2023) Page 8 of 12 Packet Pg. 659 9.A.3.b PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN N 00°20'13" E ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 1399.61 FEET; THENCE N 89°39'47" W FOR A DISTANCE OF 379.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°20'33" W FOR A DISTANCE OF 261.41 FEET; THENCE RUN N 89'39'47" W FOR A DISTANCE OF 390.26 FEET; THENCE RUN N 00°20'13" E FOR A DISTANCE OF 565.00 FEET; THENCE RUN S 89°39'47" E FOR A DISTANCE OF 390,26 FEET; THENCE RUN 5 00"20'13" W FOR A DISTANCE OF 303.59 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING PER TITLE COMMITMENT # 22-0141 THE LAND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: T" le COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, c ti FLORIDA; THENCE RUN NORTH 00° 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 733.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; w THENCE CONTINUE NORTH 00` 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 655.82 FEET; THENCE RUN NORTH 89" 39' 47" WEST, FOR A DISTANCE OF 131.28 FEET TO A POINT ON THE EAST LINE OF A SERVICE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,- THENCE RUN SOUTH 00" 05' S5" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 449.47 FEETTO THE BEGINNING OF ATANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID SERVICE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGEL OF 90° 00, 00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF SOUTH 45°05' S5" WEST, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 89' 54' 05" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 95.94 FEET TO A POINT ON AN ENTRANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGES 1554 THROUGH 1555, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG SAID ENTRANCE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60,00 FEET, THROUGH A CENTRAL ANGLE OF 89' 19' 54", SUBTENDED BY A CHORD OF 84.36 FEET AT A BEARING OF SOUTH 45' 25' 58" WEST, FOR A DISTANCE OF 93.55 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00- 46' 01" WEST, ALONG SAID ENTRANCE ROAD EASEMENT, FOR A DISTANCE OF 81.13 FEET; THENCE DEPARTING SAID ENTRANCE ROAD EASEMENT, RUN SOUTH 89' 39' 47" EAST, FOR A DISTANCE OF 350.44 FEET TO THE POINT OF BEGINNING, MORE OR LESS. CONTAINING 51.5 ACRES, MORE OR LESS (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 9 of 12 Packet Pg. 660 9.A.3.b 0:11=1111i01 LIST OF DEVIATIONS DEVIATION 1: Relief from LDC Section 6.06.01, "Street System Requirements", which establishes a minimum 60-foot right of way width for local streets, to instead allow for private roads within the site to be located in a 50-foot-wide access easement or private Right -of -Way. See Exhibit E1, Typical ROW Cross Section. (12425 Union Road RPUD PL20220004175) (October 10, 2023) Page 10 of 12 Packet Pg. 661 §! 2 a \ 3§ § � Lo ® I. - EL NN 7-6 }�f L)LU /Ir - 7 � � y§ § !'k � !2 / . e J .. a. / � Packet P$ 662 10:1131C LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shaII 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 Alligator Reach, LLC, 119 N. Wahsatch Ave, Colorado Springs, CO 80903. 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 r PUD by the new owner and the new owner's agreement to comply with the Commitments c 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 w responsible for the monitoring and fulfillment of PUD commitments. r B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125,022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. TRANSPORTATION: A. The maximum total daily trip generation shall not exceed 108 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. ENVIRONMENTAL: A. The PUD contains no native vegetation; therefore, no preserve is required. (12425 Union Road RPUD PL20210004175) (October 10, 2023) Page 12 of 12 Packet Pg. 663 ? INSTR 6312735 OR 6177 PG 48 RECORDED 9/23/2022 3:21 PM PAGES 20 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $171.50 9.A.3.c This instrument prepared by: Anthony P. Pires, Jr., Esquire Woodward Pires & Lombardo, P.A. 3200 Tamiami Trail N. Suite 200 Naples, Florida 34103 DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS THIS DECLARAThC1de�; is ISLANDS COMMUNITY INIP'R1S Chapter 190, Florida Statutes. WHEREAS, Port Of The Islands C61 community development district established'.;li� of business in Collier County, Florida, the i PARCEL 13, has determined that, in order to cE and covenants should be imposed on the real preservation of the property values of the OWT FOR PARCEL 13 day of-:::�fr, CAr2022 ("Effective Date"), by PORT OF THE DISTRICT, a community development district established pursuant to WITNES SETH: Improvement District ("DECLARANT", or "CID" or "District"), a Chapter 190, Florida Statutes, presently having its principal place Ier of the real property hereinafter described and referred to as ty development within the herein defined PARCEL 13 restrictions ,#64ribed on the attached Exhibit "A" ("PARCEL 13") for the reiiu n owners and residents within the boundaries of the District. NOW, THEREFORE, Port Of The Islands Cti Improvement District declares that the real property PARCEL 13 as described in Article I of this DECLARAFl Shpll be held, transferred, sold, conveyed and occupied subject to the DECLARATION OF GENERAL COVEN • N ITIONS AND RESTRICTIONS FOR PARCEL 13, and as they may be amended and supplemented and the restricfions ca ants, servitudes, impositions, easements, charges and liens hereinafter set forth.`ti T'Al ARTICLE I DEFINITIONS 1. 'BUILDING HEIGHT" as defined in the Collier County Land ``I]ei"elQ nt Codes or land development regulations. Where minimum floor elevations in flood -prone areas have be esia by law, the building height shall be measured from such required minimum floor elevations. 2. "DECLARANT" or "CID" or "District" shall mean and refer to PORT OF THE S�ANDS COMMUNITY DEVELOPMENT DISTRICT, a Florida community development district establisbh. 190, Florida Statutes, its successors or assigns of any or all of its rights under the DECLARATION as specified by DECLARANT. 3. "DECLARATION" or "GENERAL COVENANTS" shall mean and refer to this DECLARATION OF GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARCEL 13, as recorded in the Public Records of Collier County, Florida, and as it may be further amended and supplemented from time to time. Page I of 14 Packet Pg. 664 OR 6177 PG 49 9.A.3.c 4. "DEVELOPER" shall mean and refer to [name of party taking title and developing the property] its successors or assigns of any or all of its rights as the developer of the property subject to this DECLARATION. 5. "DWELLING UNIT" shall mean and refer to any residential unit within PARCEL 13, intended for occupancy by one family or household. 6. "PROPERTY OWNERS ASSOCIATION" shall mean the Florida not for profit corporation formed and established to administer, operate/and maintain PARCEL 13, (and its successors and/or assigns), which shall be the property owners associatiar �d meowners association for PARCEL 13. The DEVELOPER shall establish and create the PROPERTY OWNSASSOCIATION. 7. "PARCEL 13" in the coxt of this DECLARATION shall mean and refer to the real property or any portion thereof, described on the atta6hed Exhibit "A". If the Developer adds additional property to the PARCEL 13 property, or develops additional property as part of developing the PARCEL 13 property, then the definition of "PARCEL 13 " shall be revised to include such additional property, but only with respect to the responsibilities of the PROPERTY OWNER'S ASSOCIATION that may be expressly set forth hereunder. 8. "OWNER" shall mean and refer to any person or persons, entity or entities (including but not limited to the DEVELOPER), who are the record owner or owners of any fee interest in PARCEL 13, their heirs, successors, legal representatives or assigns. When PARCEL 13 is submitted to a PROPERTY OWNER'S ASSOCIATION for ownership and maintenance of streets, common areas, and water management areas, except as to any areas assumed by the DISTRICT in accordance with their standard procedures, the PROPERTY OWNER'S ASSOCIATION shall be deemed OWNER for assessments and responsibilities of OWNERS as those responsibilities pertain to said areas. 9_ "SITE PLAN', shall mean and refer to that certain site plan for PARCEL 13 dated September 19, 2022, a copy of which is attached hereto and made a part hereof as Exhibit `B , as may be modified from time to time in accordance with the provisions hereof. ARTICLE II RESTRICTIONS USE RESTRICTIONS. (a) Only in the event that the Zoning Contingency (defined below in Article III.2) is not satisfied, PARCEL 13 shall be used for one story and two-story single-family, detached residences of not mgri than one -hundred (100) dwelling DEVELOPER'S and its designees' and successors' construction, marketing and sales activide� and administrative affairs of the PROPERTY OWNER'S ASSOCIATION all in accordance with and typical of any residential project, no business may be conducted on any part thereof, nor shall any building or portion thereof be used or'mainiained as a professional office. There shall be no detached garages or storage units or structures. Subject to Article III hereof, the property within PARCEL 13 shall be developed in substantial accordance with the Site Plan attached hereto and made a part hereof as Exhibit "B". There shall be no modification or amendment to the Site Plan without the prior written approval of the DECLARANT. As to modifications required by a governmental entity that are not substantial in such event the approval of DECLARANT shall not be required so long as the Site Plan remains consistent with the Intended Use. Page 2 of 14 Packet Pg. 665 OR 6177 PG 50 9.A.3.c (b) Notwithstanding the above provisions, the DECLARANT shall permit one or more DWELLING UNITS to be used or maintained temporarily as a sales office or model by the DEVELOPER and/or designated builders of DWELLING UNITS in PARCEL 13 for the promotion of sales of DWELLING UNITS in PARCEL 13 only. (c) No temporary trailer or facility, including but not limited to any sales trailer or facility, shall be placed in or on PARCEL 13 without receiving written approval from DECLARANT, which approval rights will be within the reasonable business judgment of DECLARANT, not unreasonably withheld, conditioned or delayed so long as consistent with the Collier County LandDevelopment Code and other applicable regulations. (d) No building, s�cture or other improvement, including any temporary sales trailer or facility, which impacts or encroaches into property-dr easements possessed, owned or operated by the DISTRICT, shall be erected, installed, built or placed in or on PARCEL 133 w dhout receiving the prior written approval from DECLARANT, in DECLARANT'S reasonable discretion. No carports -shall be placed or erected on any property in or on PARCEL 13. (e) No decorative objects such as weathervanes, sculptures, birdbaths, fountains and the like shall be placed or installed in or on PARCEL 13 outside a DWELLING UNIT, courtyard, lanai or outdoor living space without the prior written approval of the DECLARANT; in DECLARANT'S reasonable discretion. No lawn chairs or lawn furniture shall be placed outside a DWELLING UNIT, courtyard, lanai or outdoor living space attached to a DWELLING UNIT by any Owner without the prior written approval of the DEVELOPER or its designee, such as by way of example an architectural control committee as promulgated under the NEIGHBORHOOD COVENANTS ("ARC"), which approval, if given, shall be for a specific location and time period. All outside waste or storage receptacles or containers shall be of a "bear proof' style and placed or stored inside a "bear -proof' enclosure . (f) Exterior paint colors and type of roof construction cannot be changed from the original approved colors and design without the prior written approval of the ARC. No asphaltic shingles are allowed. (g) Except as may be necessary in connection with the development of Parcel 13, including the infrastructure and residences thereon, no vehicle with a Gross Vehicle Weight Rating (GVWR) in excess of 10,000 pounds shall be permitted to be parked overnight or stored in or on PARCEL 13 and no dual -axle vehicle of any type or GVWR shall be permitted to be parked overnight or stored in or on PARCEL 13 unless kept fully enclosed inside a structure which shall not include an open carport. Boats, trailers, recreational vehicles, buses, campers, motor homes, dune buggies, golf carts, mopeds or motor scooters motorcycles, tractors, semis, tractor trailers, disabled, inoperative or unlicensed vehicles, and agricultural vehicles shall not be permitted to be parked overnight or stored in or on PARCEL 13 unless fully compliant with and not contrary to or in violation of applicable codes, laws and ordinances. This paragraph shall not apply to the DECLARANT in connection with DECLARANT'S reasonable access to,.PARCEL 13, if at all, in performing its functions authorized by applicable laws. (h) No fence shall be taller than the greater of four feet (4') in height or as required by the Pool Safety Act. (i) There shall be no access or connection to the canal adjacent to the western boundary of PARCEL 13 except for water management purposes. (j) There shall be no well or septic tank constructed in or on PARCEL I Twithout the express written approval of the DECLARANT 2. SITE PLAN LAND USE DEVELOPMENT ORDERS BUILDING SETBACK LINES SIZE OF BUILDINGS AND BUILDING HEIGHT. (a) The minimum setbacks shall be those as outlined on the "Site Plan" attached hereto and made a part hereof as Exhibit "B". Page 3 of 14 Packet Pg. 666 OR 6177 PG 51 9.A.3.c (b) The minimum floor area per DWELLING UNIT shall be 1,500 air-conditioned square feet. Garages, porches, patios, terraces, and other similar areas or structures shall not be included in the calculation of the minimum floor area. (c) The maximum BUILDING HEIGHT of principal structures in or on PARCEL 13 shall be thirty-five feet (35') and no more than two stories. Accessory structures shall be limited to a maximum BUILDING HEIGHT of twenty feet (20') above finished floor., (d) DEVELOPE [including but not limite& written approval of the DECI development, improvements approved by DECLARANT. (e) Prior to the OWNER shall not commence any construction or development activity on PARCEL 13 ration of the land or any construction in, on or under PARCEL 13] without the prior $T), which will not be unreasonably withheld, conditioned or delayed. All infrastructure ;ons4iletion shall be in compliance and in conformance with the plans reasonably or agency with respect to the Rezoning nting OWNER, as applicable, shall submi ., said" _t DECLARANT' S review and approval fo. ;�o governmental authority shall be obtained, i4 DECLARANT. (f) Subject to this DECLARATION, written approval of the DECLARANT. submitting any documents or applications to any governmental body or the site development plan for PARCEL 13, DEVELOPER or ed documents and applications to the DECLARANT for the icy with the provisions hereof. No such approvals from any ,finalized without the prior written consent and approval of the cannot be modified, changed or amended without the prior (g) Notwithstanding anything herein to the coit,...CLARANT acknowledges and agrees that Site Plan modifications may become necessary in the zoning or site d ` process for the Intended Use, and DECLARANT will reasonably cooperate with DEVELOPER (without cost to D£ - AUNT) to accommodate modifications required by Collier County and other applicable governmental authorities, i an t;: vet jurisdiction over the Site Plan, so long as the modifications are consistent with the Intended Use. In the event of t6o a ng, DECLARANT and DEVELOPER shall amend this DECLARATION for the purpose of documenting such Plan. 3. LANDSCAPING AND SITE IMPROVEMENTS. (a) Unless assumed in writing by the PARCEL 13 PROPERTY OWNER'S ACIATION, each OWNER shall be responsible for the maintenance of landscaping, lawn and other site improvements in led by OWNER in PARCEL 13 to the edge of the road pavement within PARCEL 13 and to the edge of water ofadidining canals, lakes and water management areas. (b) Tract/Parcel hatched diagonally on the Site Plan ("Open Space Area") is designated as open space for the use and enjoyment of the residents of the CID which open space, unless otherwise assumed by the DISTRICT, shall be maintained by the PROPERTY OWNERS ASSOCIATION formed for PARCEL 13. No structure (except signage denoting the name of project/community in PARCEL 13 and/or water management facilities or structures serving PARCEL 13), or parking areas shall be allowed on this Open Space Area unless prior written consent of DECLARANT is obtained. Residents Page 4 of 14 Packet Pg. 667 OR 6177 PG 52 9.A.3.c of the CID and property owners within the CID shall have the rights of ingress and egress over and upon such streets and roads within PARCEL 13 designated by DEVELOPER for the purpose of access to and from said Open Space Area. (c) Unless assumed in writing by the PARCEL 13 PROPERTY OWNER'S ASSOCIATION, each OWNER shall install or maintain their landscape material, and landscape material including but not limited to, trees, shrubs and lawns shall be maintained by the OWNER in good and living condition at all times. (d) Each OWNER shall be responsible for maintaining and keeping in good working order the landscape irrigation system install" b" his Residential Unit and adjacent right-of-way and areas between the property line of his Residential Unit and edge of curb or pavement water management area except those areas which by agreement are to be maintained by the PROPERTI"OWNERS ASSOCIATION formed for PARCEL 13. No vegetation or landscape irrigation systems shall be installed in or.-M CID easements or rights -of -way without the prior written consent of the CID. No vegetation shall be installed or maintained within three (3) feet of any CID utility lines or facilities. (e) The PROPERTY OWNERS ASSOCIATION formed for PARCEL 13 shall be responsible for and shall maintain all ASSOCIATION and private roads and streets in PARCEL 13, in a safe, clean, neat and attractive manner. (f) Surface water runoff must be properly handled and cause no ponding, erosion or unfavorable impact on or to adjacent property, other property within the DISTRICT, or improvements or facilities of DECLARANT, and must conform to water management system criteria as permitted or required by governmental agencies, including water management system criteria approved by the DECLARANT. The PROPERTY OWNERS Association formed for PARCEL 13 shall be responsible for the operation and management ofhe drainage and stormwater management systems and facilities within, in and on PARCEL 13 unless otherwise assumed by the DISTRICT. (g) Unless assumed in writing by the PARCEL 1W 3 PROPERTY OWNER'S ASSOCIATION, each OWNER shall be responsible for maintaining and keeping in good and safe condition their driveways and adjacent sidewalks. 4. PARKING AND STORAGE AREAS. (a) All houses shall have a minimum of two (2) car garages unless a waiver has been fast approved in writing by DECLARANT. (b) No unenclosed storage area shall be permitted. No garage or enclosed storage area shall be erected which is separated from the DWELLING UNIT. Any storage facilities for garbage and -trash containers shall be screened or enclosed and "bear -proof'. f° r 5. LEASE. No DWELLING UNIT shall be leased more than three (3) times per calendar year. No DWELLING UNIT shall be used or sold on a "time-share" basis. No lease shall be for a period of time of less than 30 consecutive days duration. No individual rooms may be rented and no transient rental tenants may be accommodated. ARTICLE III GENERAL PROVISIONS Page 5 of 14 Packet Pg. 668 OR 6177 PG 53 9.A.3.c 1. ESTABLISHMENT OF THE PROPERTY OWNERS ASSOCIATION FOR PARCEL 13: 0 (a) Prior to the DEVELOPER or OWNER obtaining any approvals for the physical development of any portion IL of PARCEL 13: W 1. The DEVELOPER and OWNER must and shall create "Neighborhood Covenants and Restrictions (the "Neighborhood Covenants") for PARCEL 13. The Neighborhood Covenants shall not be inconsistent with this DECLARATION vtd hall be submitted to and reviewed by DECLARANT and shall require the written approval of DECLARAN; ,' her with any amendments thereto, prior to adoption and prior to recording in the Public records. The Neigh Covenants may establish restrictions on subjects related to the use and occupancy of the property, such as . ng, architectural controls, leasing and guest occupancy, that are more restrictive than and not inconsisteatt. tla�those set forth in this DECLARATION. J 2. The DEVELOPER and ER must and shall create and establish the PROPERTY OWNERS ASSOCIATION PARCEL 13 to be responsible°f&x ' ' maintenance of PROPERTY OWNERS ASSOCIATION common areas, compliance with this DEC): ' ION and the enforcement of the Neighborhood Covenants, including without limitation, the mainte ce,pfAa lscaping, signage, entry features, green space, street lights, roads, streets, water management areas and open ithAkPARCEL 13. The PROPERTY OWNERS ASSOCIATION formed for PARCEL 13 shall also perform its j. ri` 'bilities required by this DECLARATION and such maintenance responsibilities in a manner con , this DECLARATION and the Community -Wide Standard established in the Neighborhood Cov�e[1ts., ; the PROPERTY OWNERS ASSOCIATION formed for PARCEL 13 fails to perform its maan ibility, the DECLARANT shall have the right may perform CLARANT against all lots parcels or tracts within it and assess the out-of-pocket costs incur, b�'; ,. g , p PARCEL 13 and take all appropriate legal act tQ>orce this DECLARATION. 2. ZONING CONTINGENCY• ALTERNATE DEVELOPNIE`'AN: ROADWAY OPTIONS. (a) ALTERNATE DEVELOPMENT PLAN. DECLAI'l�T> cknowledges and agrees that the Intended Use can be developed only if PARCEL 13 receives non -appealable re7,0riiN approval by the Board of County Commissioners of Collier County ("Zoning Contingency"). DEVELOPFs sh,4l at its cost, use good faith efforts to satisfy such Zoning Contingency in order to develop the Intended Use for PAk .. 3, and DECLARANT agrees to reasonably cooperate with DEVELOPER in connection therewith. If, despite;, ucli fforts, the Zoning Contingency is not satisfied, then the following provisions shall apply: i. Development of PARCEL 13 shall be limited to single-family;,aitio` multi -family development ("Alternate Development Plan") of a total maximum density not to ej' e4_1.25 units. ii. The Alternate Development Plan shall be generally configured cons., ith the conceptual site plan attached hereto as Exhibit "C", subject to modifications as required by Collier County and other applicable governmental authorities. In accordance with this Section, all references herein to Site Plan shall automatically mean and refer to the foregoing plan attached as Exhibit "C". iii. Development standards applicable to the Alternate Development Plan shall be consistent with the Collier County Land Development Code. (b) ROADWAY OPTION. DECLARANT further acknowledges that the alignment of the entry roadway, Page 6 of 14 Packet Pg. 669 OR 6177 PG 54 9.A.3.c as depicted on the site plans attached as Exhibit "B" and Exhibit "C" hereto, is over and across a parcel of land currently owned by Collier County. DECLARANT and DEVELOPER agree that, as an alternative, the entry roadway and the internal roadway network for Parcel 13 (as depicted on Exhibits "B" and "C" hereto) may be replaced, in the discretion of DEVELOPER, to that depicted on Concept C Site Plan attached hereto and incorporated herein by reference as Exhibit "D". In such event, all references to "Site Plan" herein shall automatically incorporate the entry roadway and internal roadway network depicted in the Concept C Site Plan, subject to reasonable adjustments recommended or required by governmental agencies. (c) Except ai�`e4p&ly modified hereby, all other provisions of this Declaration shall continue in full force and effect. ' .- (a) DECLARANT will use "Reasonable Business/District Judgment" when exercising its rights or discretion under this DECLARATION, including approvals and the administration of PARCEL 13 except where DECLARANT has reserved "sole discretion." "Reasonable. Business/District Judgment" means that DECLARANT has a business or DISTRICT basis and has not acted in bad faith or in a way that intentionally interferes with development and reviews all applicable matters with expediency and without unnecessary delay. In furtherance thereof, DECLARANT shall review any matter requiring its approval and issue its denial, approval, or stipulated approval with reasonable and specified conditions required to meet its final approval, within sixty (60) calendar days of receipt. (b) In the event of a breach or alleged breach by the PROPERTY OWNER'S ASSOCIATION as provided hereunder, prior to the DECLARANT exercising any self-help rights as may be available hereunder, DECLARANT must provide the PROPERTY OWNER'S ASSOCIATION thirty (30) days' prior written notice with an opportunity to cure the noncompliance. If the PROPERTY OWNER'S ASSOCIATION fails to cute or commence to cure the noncompliance within such thirty (30) day period, then DECLARANT may exercise such self-help rights. If the PROPERTY OWNER'S ASSOCIATION commences to cure the noncompliance during such thirty (30) day period, then for so long as the PROPERTY OWNER'S ASSOCIATION diligently continues to cure the violation, DECLARANT shall not be entitled to exercise self-help rights. In addition, in the event of a default under this DECLARATION, each the DECLARANT, the DEVELOPER, an OWNER, and the PROPERTY OWNER'S ASSOCIATION (as applicable, a "Party") shall have all remedies at law: or in equity; provided, however that in no event shall any Party be entitled to recover any consequential, speci'ai, indirect or punitive damages. Notwithstanding the foregoing sentence, except as otherwise provided herein[; no `Party shall be in default under this Declaration until the non -defaulting Party has failed to cure the default for o period of thirty (30) days after receipt of written notice with an opportunity to cure. f 4. AMENDMENT. Any modification of the terms and conditions of this Declaration shall require the prior written approval of DECLARANT which DECLARANT may withhold, in its reasonable discretion, and shall be recorded in the public records of Collier County. 5. DECLARATION RUNS WITH THE LAND. Page 7 of 14 Packet Pg. 670 OR 6177 PG 55 9.A.3.c The covenants, conditions, restrictions and other provisions under the DECLARATION shall run with the land and bind the property and shall inure to the benefit of and be enforceable by DECLARANT for a term of thirty (30) years from the date this DECLARATION is recorded, after which time these provisions shall automatically be extended for successive periods of ten (10) years. Any time after the initial thirty (30) year period provided for in this Section, these provisions may be terminated or modified in whole or in part by the recordation of a written instrument providing for the termination or modifications executed by the DECLARANT. Each OWNER,;-. , g title to any real property or any portion thereof in PARCEL 13 thereby affirmatively agrees an ,co ` ` is to and affirmatively provides their agreement and consent to the DECLARANT to record or re-record thl RATION at any time, including at any time prior to thirty (30) years from the date that this DECLARA<. /ON ;; originally recorded and prior to thirty (30) years from the date that this DECLARATION is may ,gee orded; and. upon this DECLARATION being re -recorded, further affirmatively consents to and . vely provides their consent to and agrees that the real property described on the attached Exhibit "A" {"PAR L 13") will continue to be bound by the covenants, conditions, restrictions and other provisions under this DELL# "r N. For purposes of clarity, any amendment or modification to this DECLARATION, other than for exf"VPARQEL `g its operation in accordance with the foregoing, shall require the prior, written consent of the DEVELOPER, 13 in a recorded instrument, and, after turnover of control of the PROPERTY OWNERS ASSOCIATIQN-44 the OWNERS, the prior, written consent of the PROPERTY OWNERS ASSOCIATION, in a recorded'1n*tkrn�nt 6. ENFORCEMENT In the event of any violation of any of th6"' .e either for injunctions, action for actual damages of h' and reasonable attorney's fees in addition to other alip the prevailing party in any litigation, and in any appell DECLARATION. 7. NO WAIVER. herein, a Party may bring action at law or in equity, h remedy as may be available and recover all costs relief should the DECLARANT or any Party be W,6qdings, involving the enforcement of this (a) Any waiver by DECLARANT of any provisions of this DELLAJRATION or breach hereof must be in writing and shall not operate or be construed as a waiver of any otl _- ; royis,(ons or subsequent breach. (b) The failure of DECLARANT to enforce any restrictions, conditrb oyenant or agreement herein contained shall in no event be deemed a waiver of the right to do so therbt5�i the same breach or as to one occurring prior or subsequent thereto, nor shall such failure give rise to any'qr cause of action against the DECLARANT. `: 7. SEVERABILITY._ _ If any section, subsection, sentence, clause, phrase or portion of this doe u' ent is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. 8. APPROVALS. Page 8 of 14 Packet Pg. 671 OR 6177 PG 56 9.A.3.c Requests for approvals of DECLARANT must be in writing and must be accompanied by a reasonable fee in an amount established by the DECLARANT, subject to change from time to time after notice and public hearing as provided in Section 190.035, Florida Statutes. ARTICLE IV DECLARANT'S LANDS OR PROPERTY ,� l No term, provisibt3, „Want, restriction or condition of this DECLARATION applies to any land, easement or interest in real property`; . CEL 13 owned, held, possessed, controlled, operated or maintained by the DECLARANT, or to any fati ,er improvements, owned, held, possessed, controlled, operated or maintained by the DECLARANT. IN WITNESS WHEREOFy P6;', The Islands Community Improvement District, a community development district established pursuant to Chapter` 0, Florida Statutes, does hereby execute this DECLARATION OF RESTRICTIONS AND PROTEC CO , ENANTS FOR PARCEL 13, in its name by its undersigned authorized officer this _JJV day of 2022. [THE REMAINDER OF THIS PAGf.IONALLY LEFT BLANK, SIGNATURES ON 0ING PAGE Page 9 of 14 Packet Pg. 672 OR 6177 PG 57 9.A.3.c Signed, sealed and delivered in the presence of: Print Name: Print STATE OF FLORIDA COUNTY OF COLLIER Port Of The Islands Community Improvement District, a community development district established pursuant to Chapter 190, Florida Statutes C mstr=qpt was cknowledged before me, in persori b AfL, as ChairNice-Chair of Port Of The community development district established pursuant to Chapter 190 development district, for the purposes herein expressed. He/�i rs LAURA A. ME04 WCOMMOMOMIewl M EXPM Febwy 7. 2M ft-*d Thu Mfty PWkL%ftmjn Page 10 of 14 commission expires ! L day of, , 2022, by `-'ommunity Improvement District, a ttutes on behalf of the community i to me. (SEAL) Packet Pg. 673 OR 6177 PG 58 9.A.3.c OR 6177 PG 59 9.A.3.c Revised Property Description PARCEL A: A parcel of land"loc at_ed in the East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County; 1co , being more particularly described as follows: Beginning at the fdcf'Epst comer of Section 4, Township 52 South, Range 28 East, Collier County, Florida, then61h South 00019'01" West, along the East line of the Northeast 1/4 of said Section 4, for a .di" ce of 2387.39 feet; thence run North 89040'59" West, perpendicular to the line of the Northeast 1/4 of said Section 4, for a distance of 137.82 feet to a point on thg<.Easterly line of a Service Roadway Easement; thence run North 00005 55" East, along_"tl , asterly line of said Service Roadway Easement, for a distance of 3.19 feet; thenco n North 89054'05" West along the Northerly line of said Service Roadway Easement, or<a� �'t?nce of 35.00 feet; thence run South 00°05'55' West, along the Westerly line of said SdrviicJ Roadway Easement, for a distance of 3.06 feet; thence run North 89040'59" West.c� " tance of 77.18 feet; thence run South 00019'01" West, parallel with the East line oft Y east 1/4 of said Section 4, for a distance of 299.88 feet; thence run South 00020 i35t, parallel with the East line of the Southeast 1/4 of said Section 4, for a distance of; 350.0 ,.feet; thence run South 89039'47" East, for a distance of 79.78 feet to a point on the W%hM,~Vrly s erly,line of a Service Roadway Easement; thence run South 00°05'55' West, along line of said Service Roadway Easement, for a distance of 947.38 feet; th6e' "" North 89°39'47" West, for a distance of 213.29 feet; thence run North 00020'13" Ea r:clistance of 303.59 feet; thence run North 89°39'47" West, for a distance of 390.2e; nce run South 00020'13" West for a distance of 565.00 feet; thence run North 89039'47'§t for a distance of 124.74 feet; thence run South 00020'13" West, for a distance ar#y feet; thence run North 891D39'47" West, for a distance of 290.20 feet to a po on fie Easterly right-of-way line of the Fahka Union Canal; thence run North 00°30'33" Eas `a g the proposed Easterly right- of-way of said Fahka.Union Canal for a distance of 4124,,,I t; thence run North 45022'18" East, along the proposed Easterly right-of-way of said -Fahka Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, a o !ja proposed Southerly right-of-way of said Fahka Union Canal, for a distance of 675.fge.t-,thence run North 44042'31" East, along the proposed Easterly right-of-way of said jra—fik4 Union Canal, for a distance of 387.97 feet; thence run North 00030'33' East, along', t(he-ilhoposed Easterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet t�} $,p?int on the North line of the Northeast 1/4 of said Section 4; thence run North 89°42'31"'-ri8su along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feekto the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00019'01" West. LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: Packet Pg. 675 OR 6177 PG 60 9.A.3.c A parcel of land located in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Section 4, Township 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner`of. Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence run S 10 "E, along the East line of the Northeast Quarter of said Section 4, for a distance of 238Z.. ,_= eelx; thence run 589121`02"W, for a distance of 137.82 feet to a point on the Easterly I ne% ervice Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Publi . ' "ds.of Collier County, Florida; thence nun N00052'04"W, along the Easterly line of said er�riC oadway Easement for a distance of 3.19 feet; thence run S89007'56"W, along t herly line of said Service Roadway Easement for a distance of 35.00 feet; thence run S001.52' "E, along the Westerly line of said Service Roadway Easement for a distance o 06 eet; thence run S89°21'02"W for a distance of 77.18 feet; thence run S00038'58"E, fo 0 A istance of 69.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; the a rr►.-146°46'08"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of! 24 9 _feet; thence run S89032'34"W for a distance of 242.59 feet; thence run N46°461(�t;. „ a distance of 199.70 feet to a point on the proposed Easterly right-of-way lind\ t; hka Union Canal; thence run N00°27'Z6"W along the proposed Easterly right -of ?v i` of the Fahka Union Canal for a distance of 1455.84 feet; thence run N44124'19"F a proposed Easterly right-of-way line of the �p�g .; .. P P Y 9 Y Fahka Union Canal for a distance of 224.411 e tr thence run N881144'32"E, along the proposed Easterly right-of-way line of the�`f.a ion Canal for a distance of 676.00 feet; thence run N43144'32"E, along the proposeQ8' right-of-way line of the Fahka Union Canal for a distance of 387.97 feet; thence re'. 0,..; 7'26"W, along the proposed Easterly right-of-way line of the Fahka Union Canal for'I> of 72.26 feet to a point on the North line of the Northeast Quarter of said Section,' ce run N 88044'32"E, along the North line of the Northeast Quarter of said Sectio>i t istance of 65.00 feet to the Point of Beginning. PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, T6Y+ M 52 South, Range 28 East, Collier County, Florida, being more particularly described a"s,�"s: Commence at the Northeast corner of the Southeast 1/4 of Sectio��77'fV'K hip 52 South, Range 28 East, Collier County, Florida; thence run South 00020'13":,jWi k -long the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 Eases;' oilier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the pare-, n land herein described; thence continue South 001020'13" West along the East line of a Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00020'13" West. Packet Pg. 676 OR 6177 PG 61 9.A.3.c LESS AND EXCEPT FROM PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of land located in a portion of Section 4, Township 52 South, Range 28 East, Collier County, Florida,.,bellig more particularly described as follows: Commence av&e46Aheast corner of the Southeast Quarter of Section 4, Township 52 south, Range 28 as$,-_, Ilier County, Florida; thence run S00037'46"E, along the East line of the southeast Qu r_ter said Section 4, for a distance of 350.00 feet to the Point of Beginning of the paT ofaapd herein described; thence continue 500037'46"E, along the East line of the Southea, u6rter of said Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for' distance of 269.88 feet to the beginning of a tangential circular curve concave Northeast r8s gth ce run Northwesterly along the arc of said curve to the right, having a radius of U; eet through a central angle of 45100'00" subtended by a ar' � chord of 63.14 feet at a beg of-N2,3007'46"W, for a distance of 64.80 feet to the end of said curve; thence run N00137'4"O i jor a distance of 85.06 feet; thence run N89022'14"E, for a distance of 215.00 feet to the flo(nt:,of Beginning. Bearings shown hereon refer to the",,Rstliov Township 52 South, Range 28 East,lie AND PARCEL C: A parcel of land located in the Southeast 1/4 East, Collier County, being more particularly of the Southeast Quarter of Section 4, aunty, Florida as being S00037'46"E. 4, Township 52 South, Range 28 is follows: Commence at the Southeast corner of Section 4, TOW.inshfl run N 00020'13" E along the East line of the South6 of 1389.61 feet; thence N 89139'47" W for a distance"f' Beginning of the parcel of land herein described; thence n 261.41 feet; thence run N 89039'47" W for a distance of 00020'13" E for a distance of 565.00 feet; thence run S 85 390.26 feet; thence run S 00020'13" W for a distance of 3 Beginning. 52 South, Range 28 East; thence of said Section 4 for a distance 9: 7 feet to the Point of 00020'33" W for a distance of .26 feet; thence run N 9' for a distance of 3.J66-t-_to the Point of Packet Pg. 677 OR 6177 PG 62 9.A.3.c OR 6177 PG 63 9.A.3.c 9 I 24 Z CL U) M J U Q g�t e I M Packet Pg. 679 Qnct Avm41mk1n tmmei OR 6177 PG 64 9.A.3.c OR 6177 PG 65 9.A.3.c •-. :. =an S: I ri EL :�' OR 6177 PG 66 9.A.3.c *** OR 6177 PG 67 *** 9.A.3.c z CL LLJ Ch r _1 U Q 5; ®�E I Packet Pg. 683 1 i i a GradyMinor 9.A.3.d Civil Engineers • Land Surveyors • Planners • Landscape Architects November 30, 2022 Mr. Eric Ortman Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: 12425 Union Road RPUD Rezone (PL20220004175), Submittal 1 Dear Mr. Ortman: A Collier County application for Public Hearing for a Planned Unit Development (PUD) rezone for property located at 12425 Union Road. The PUD rezone proposes to rezone the 51.5± acre property from the RT, Residential Tourist Zoning Districts to the 12425 Union Road Residential PUD to allow a maximum of 109 residential dwelling units. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for PUD Rezone 3. Evaluation Criteria 4. Pre -Application Meeting Notes 5. Affidavit of Authorization 6. Property Ownership Disclosure Form 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Environmental Data 12. Traffic Impact Study 13. School Impact Analysis 14. PUD Exhibits A-F 15. Deviations and Justifications 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 Packet Pg. 684 Mr. Eric Ortman RE: 12425 Union Road RPUD Rezone (PL20220004175), Submittal 1 November 30, 2022 Page 2 of 2 Please feel free to contact Francesca Passidomo at 435-3535 or me should you have any questions. Sincerely, r -L--) � p � D. Wayne Arnold, AICP c: Alligator Preserve, LLC Francesca Passidomo, Esq. GradyMinor File (POTISF) 9.A.3.d Packet Pg. 685 9.A.3.d WOODWARD, PIPES & LOMBARDD, P.A. EST. 1971 ATTORNEYS AT LAW MARKJ,W0ODWARD February 9, 2023 Board cudblea 12ea1 Imre Laww1dlnCorAxuir vn& Heidi Ashton-Cicko PLumed I]L�elnprnrnc Law Assistant County Attorney ANTHONY P. P[RES, JR Board C iitd:CiNCauvy, Collier County Growth Management Department a dLaalGnunnrncLma 2800 Horseshoe Drive N. J,CKFUSTOPHERLOMBARDO Naples, Florida 34104 AN -mow). I}IMORA Imo`.FLw)iOH Re: Rezone to PUDZ ("PUDZ'); 12425 Union Road; PL LENORET.BRAIEFIELD 20220004175; Utility Availability and Road Access Dear Heidi: CRAG R WOODWARD BowdCer6Bexl:RmIFs1 It is my understanding from Francesca Passidomo, the attorney for Mr. Case, the applicant in the above -noted application PL20220004175, that KENNETH V. MUNDY Collier County staff has certain questions with regards to utility availability for zcHARYW.LOMBARDO they proposed development and access over Union Road to the property that CAMERONG.WOODWARD is the subject of the PUDZ. Ross E. scHuLmw LicaiAinFLand NY This law firm acts as retained District Counsel to the Port of the Islands F.SCOTTPAIIIAREll Community Improvement District (POICID). POICID, on September 23, CHRISTOPHERR.HEFLIN 2022, by Special Warranty Deed recorded at Official Records Book 6177, Page 68, Public Records Collier County, Florida, conveyed to Lindsay Case (the PUDZ Applicant), an approximately forty-eight (48) acre tract that is the majority of the land which is the subject matter of the PUDZ application.' As part of the purchase and sale of the property from POICID, a number of documents were executed between Mr. Case as purchaser and POICID as seller. These include a Closing Agreement [Utility ERCs] between Mr. Case and POICID recorded at Official Records Book 6177, Page 39, Public Records of Collier County, Florida, (Exhibit "A" attached hereto); and a Public Utility Easement and Relocation Agreement between Mr. Case and POICID recorded at Official Records Book 6177, Page 80, Public Records 4UPLYTO: Collier County, Florida. (Exhibit "B" attached hereto). * 3200 TAMIAMI TRAIL N. SUITE 200 With regards to the availability of utility services to the Subject NAPLES, FL 34103 239-649-6555 Property, based upon the plans that have been submitted to Collier County, 239-649-7342FAX 109 PO[CID Utility ERCs are needed by Mr, Case to develop the property as 606 BALD EAGLE D;UVE proposed under the PUDZ application. I have been advised that David SUITE 500 ONE P.O. sax ONE Schmitt, P.E., the District Engineer, has verified that there is presently MARco ISLAND, FL34146 sufficient capacity in the POIIC❑ utility system for this requirement. 239-394-5161 239-642-6402 FAX WWW.WPL—LEGAL.COM The approximate 48-acre parcel has Collier County Property Appraiser Parcel #01058920005. Packet Pg. 686 9.A.3.d Currently Mr. Case has an agreement with POICD, the attached Closing Agreement [Utility ERCs], reserving, under certain conditions, 103 Utility ERCs from POICD. Additionally, the property that is the subject matter of the PUDZ application possesses an additiona] 4.8 Utility ERCs acquired by or assigned to the property identified by Collier County Property Appraiser Parcel # 0158920513. It is my understanding from Mr. Case's counsel that Mr. Case will request to reserve and purchase an additional 1.2 Utility ERCs from POICD in order to obtain 109 Utility ERCs for the property that is the subject of the PUDZ Application. Please note that while Mr. Case has 103 Utility ERCs reserved for the property, such Utility ERCs remain the property of POICD until such time as Mr. Case or his successor in title makes timely payments for such reserved Utility ERCs as outlined in the Closing Agreement [Utility ERCs]. With regards to access to the property over Union Road, POICI❑ owns that road known as Union Road depicted on the attached Exhibit "C" ', that POICID road provides general public access to and from the property that is the subject of the PUDZ, Parcels #0105892005 and 0158920513 on and over the road owned, funded and maintained by the District known as Union Road, and access to Parcel #0105892005 is insurable under the title policy issued in conjunction with the purchase and sale of Parcel #0105892005. If you have any questions, please do not hesitate to contact me. ginresrpkj, APP/Ig Enclosure(s) 2 Collier County Property Appraiser Parcel Nurn bers: #01067080305; 01058920306; and 01058920403. 6 Packet Pg. 687 INSTR 6312734 OR 6177 PG 39 RECORDED 9/23/2022 3:21 PM PAGES 9 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC 578.QD E�HiBiT A CLQSING AGREEMENT [Utility ERCS[ IL This Closing Agreement ("Agreement") is entered into as of September 22, 2022 (the o "Effective Date"), Py and between The Port of The Islands Community Improvement District ("Distr�arj..-or "Seiler") with an address c/o Calvin Teague, Premier District o Management, 38 Ca�onial Blvd., Suite 101, Fort Myers, FL 33966 and Lindsay J. Case, � and its successor or designated assigns (collectively, the "Buyer"), with an address of N 119 N Wahsatch kv-9die,.Colorado Springs. Colorado 80903. Seller and Buyer are at N times individually referr401 t� as a "Party" and collectively as the "Parties". f LO r` WHEREAS, Seller and Buyer are the parties to that certain Vacant Land Contract with an effective date of April 25,-202 , and its Addendum, as amended (hereinafter referred to 0 as the '"Contract"} for the sa and purchase of the vacant real property described on the N attached Exhibit "A" (the "Pro and, j and, J a WHEREAS, pursuant to the the Seller and Buyer agreed to enter into an ��,� v agreement at Closing: concerning CS. o NOW THEREFORE, for and in consi�rati of the premises, the terms, covenants and conditions of this Agreement, and oth jr �� and valuable consideration exchanged z between the Parties, receipt of which i ! wledged, the Parties hereto agree as follows: 3 1. Defined terms herein not otherwise spifi1 defined herein shall have the same meaning as such terms are defined in the Contr.`'.CL }} L) 2. The term Buyer includes the heirs, successo?t r�onal representatives and m assigns of the Buyer and subsequent grantees and oWn—1 of the Property. 3. Upon the receipt by Seller at Closing of the Purchasgrice, Seller will reserve 100 Seller owned Utility FRCS for the Property for a period rCjrrter than four (4) years from September 22, 2022 (i.e., September 22, 2026). 4, The 100 Seller owned Utility ERCS that Seller will reserve foi toe Property remain the property of the Seller until such time as the Buyer makesmely payment for such reserved Utility ERCS. The reserved Seller owned Ut�`RCS will be assigned/allocated to the Property at the time of building permit issuance or earlier upon Buyer making payment to the Seiler of the amount of $16,000 per Seller owned Utility ERC as follows, subject to reasonable extension due to Force Majeure events: 1. not less than $528,000 for 33 Utility ERCS no later than September 22, 2024; 2. not less than $528,000 for 33 Utility ERCS no later than September 22, 2025; and, 3. not less than $544,000 for 34 Utility ERCS no later than September 22, 2026. Buyer may prepay or accelerate the payments. In addition the foregoing reservation of 100 Utility SCRs, in the event Buyer (or Buyer's assign) acquires title to that certain real Page 1 of 7 Packet Pg. 688 OR 6177 PG 40 9.A.3.d property owned by Union Road, LLC, a Florida limited liability company adjacent to Parcel 13, then Seller shall also reserve 3 Utility ERCSs to Buyer for the same period (i.e., September 22, 2026). Once payment is made, the Seller shall convey the purchased ERCs by Resolution, Bill of Sale or such other documentation consistent with Seller's typical procedures, free of any liens or encumbrances, and the ECRs shall be the exclusive property of the Buyer. � 1 5. The Buyer, far hi" self, and for the heirs, successors, personal representatives and assigns of the-$ yef, and subsequent grantees and owners of the Property, acknowledges, consentv'and agrees, that from and after each date that Utility ERGS are assign edlaIiocated to the Property as a result of the payment by the Buyer of the amounts outlined above„.Seil r will levy and impose annual utility non ad -valorem assessments on the Prop based upon the number of fully paid for Utility ERCS assigned/allocated by Se lera,Property. This Paragraph 5 shall survive the termination or expiration of thi3_.IgieVment_ 6. Upon the failure of Buyer to pay any of the amounts outlined in Paragraph 4 herein, Seller shall send the Buyer', Fdt n notice of non-payment and default ("Notice of Default"), delivered in accordance witilravisions of Paragraph 11.i) below. 7. If Buyer fails to timely pay any of 1h4is outlined in Paragraph 4 herein within thirty (30) calendar days after receipt of a v zi, f tice of Default from the Seller, then all Seller owned Utility ERCS for which B�_216d nottimely made payment will no longer be reserved, shall not be assigned or or assigned to the Property or Buyer, this Agreement shall stand terminated, a4SeAer,,shall have no further obligation to reserve, assign or allocate any Seller owned Utilij �Mto the Property or the Buyer. The foregoing notwithstanding, if Buyer, within said thirty ) day period delivers to Seller in writing a good faith request for an extension of time for mk+ng a payment installment with substantial good cause shown (the "Extension Regybst"), Seller agrees to reasonably consider Buyer's request to devise a new paynie�pt.pAan. If Seller has not agreed to a revised payment plan within thirty (30) days after re ipt of the Buyer's Extension Request, then this Agreement shall stand terminated- 8. If any of the provisions of this Agreement, or the application thereof, shall for any reason or to any extent be construed by a court of competent j u ri sd icWn -to be invalid or unenforceable, the remainder of this Agreement shall remain in effect and shall be interpreted s❑ as best to reasonably effect the intent of the Parties. 9. The covenants set out in this Agreement shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the District and the Buyer, and their respective representatives, transferees, successors and assigns. 10. This Agreement contains the entire agreement between and among the Parties Page 2 of 7 Packet Pg. 689 OR 6177 PG 41 9.A.3.d 10. This Agreement contains the entire agreement between and among the Parties with regard to the matters set forth herein. 11.This Agreement and its Exhibits may not be changed, waived, discharged, or terminated orally or in writing; except by a writing signed by all of the Parties. 12. This Agreement has been negotiated by and between the Parties and shall not be construed against a-ny of the Parties as the "drafter" of the Agreement. 13. The headings of-fhe��revisions herein are intended for convenient reference only, and the same shall no�t-6e,' nor be deemed to be, interpretative of the contents of such provision. 14.This Agreement shall be,'binding upon and inure to the benefit of the Parties hereto, their respective heirs, legal representatives. transferees, grantees, tenants, successors and assigns. Buyer shall have the right to assign this Agreement to a successor owner of the Property or any portion thereof, 15. This Agreement shall be governed by Florida law. The exclusive venue and jurisdiction for any action arising out`of,this Agreement is in a Florida State Court of appropriate jurisdiction in Collier County/ Florida. f� 16. Upon a default hereunder, in addition Wany.rernedies available under applicable law, the Parties stipulate and agree that the ter .,of this Agreement may be enforced by speck performance. In the event of any litig. a-ti.oK between the Parties arising out of this Agreement, the prevailing party shall be entitled to recover all of its reasonable attorneys' and paralegals' fees, costs, and expenses incurred in any and all trial, appellate, and post judgment proceedings. el 17.This Agreement may be signed by the Parties in duplicate counterparts, and counterparts of the signature pages may be combined to create an original document binding on all of the Parties hereto and together shall constitute one and the same instrument, and a facsimile or email of an original signature VAIl ie eemed an original. 18.All notices required to be provided herein shall be provided.to the parties at the addresses listed on the first page hereof (unless an address is modified in writing by providing notice to the other party) by either hand delivery, U.S Mail postage prepaid or courier service. 19. The time for performance by either party of any of its obligations under this Agreement will be extended far a period of time equal to any period of delay experienced. or the number of days lost, due to any of the following ("Force Majeure"): strikes, civil riots or commotion, war, invasion, acts of terrorism. explosion, fire or other casualty. sabotage, theft; vandalism, Acts of God, labor disputes, unavailability of labor or materials, hurricane, tropical storm, tornado, or other adverse weather conditions, building moratoria. or act or failure to act of governmental authorities (including failure Packet Pg. 690 OR 6177 PG 42 9.A.3.d or delay in issuing necessary approvals, permits; and licenses), act or failure to act of third -party utility service providers, or other causes or events beyond the reasonable control of the Party obligated to perform such obligations. 20. The interest of Buyer in and to this Agreement may be assigned to the successor -in -title to Parcel 13. Upon such assignment being completed, the Buyer, and any successor, as applicable, assigning its interest in and to this Agreement shall be relieved of any further responsibility from and after the date of the assignment. IN WITNESS WHI=REOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. [SIGNATURES ON FOLLOWING PAGES) [THE REMAINDER OF THIS'*Tf_t 1S INTENTIONALLY LEFT BLANK] r . f f f Packet Pg. 691 OR 6177 PG 43 9.A.3.d WITNESSES: Signature: Printed Printed Name: BUYER: LINDSAY--ICASE %j Signature: 6�0e— STATE OF � COUNTY OF 11 151Z The foregoing i trument waai -a wledged in day of 2022, by` is personat knowh to `< J or as�g'3#'' icati# My Commission Expires - A. GWA #fY CQIr�S810� HH 78 r; EVffA F*Wy 7, 2= I3nw}lal�f Pfa UndrwM (AFFIX NOTARY SEAL) WW w (Leg Notary Public, person before me this r�dsay Case. He either ❑ has produced Iti ed ) Rrp�), 1 (Commission Number, if any) Packet Pg. 692 OR 6177 PG 44 9.A.3.d A FA _KMJI Secretary STATE OF FLORIDA COUNTY OF COLLIER ..y I HEREBY CERTIFY that on ij ay 2022. before me, in person, an officer dul ualified: v tak acknowledgments. personally appeared _ and _, Chairman/Vice Chairman of the Port Of The Islands Community lmpZ30'1G_ ❑istrict, a unit of special purpose government organized and existing under af the State of Florida. to me known to be the persons described in and who ex ad the foregoing _ instrument and acknowledged before me that they executed th'5e;' Nff W:dN PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT Signature: My Commission Expires: Title: ChairNice-Chair % (Si nature) k l uuRn w �tcc Name: i myGommWOI#HH IM1 EXPIRES: �eW uvy7.M6 (Legibl} Pri edj Thru hlotaty Pvo�c UnMrw[Nnn - Notary Public, State ofFl�da (Commission Number, if any) Packet Pg. 693 OR 6177 PG 45 9.A.3.d EXHIBIT "A" Revised Property Description W r_ 0 f J •i PARCEL A. N A parcel of land loc Ste n the East 112 of Section 4, Township 52 South, Range 28 East, r Collier County, Florida, bond more particularly described as follows: u� ti Beginning at the Northeast corner of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence rust Sou# 00°19'01" West, along the East line of the Northeast 1/4 c of said Section 4, for a distancd of 2387.39 feet; thence run North 89040'59" West, N perpendicular to the East Iine�of the Northeast 1/4 of said Section 4, far a distance of N 137.82 feet to a point on the Easterly line of a Service Roadway Easement; thence run North 00005'55" East, along the Ea terly line of said Service Roadway Easement, for a a distance of 3.19 feet; thence run North'890 54'05" West along the Northerly line of Said Service Roadway Easement, for a distar(be of 35.00 feet; thence run South 00005'55" West, N along the Westerly line of said Service'F oadw y Easement, for a distance of 3.06 feet; �- thence run North 89°40'59" West for a dis Ace of 77.18 feet; thence run South 00019'01" West, parallel with the East line of the N❑ heXtll/4 of said Section 4, for a distance of Z 299.88 feet; thence run South 00020'13" vu it, llel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.03�t'hence run South 891039'47" East, for a distance of 79.78 feet to a point on the Westerif'lirje,15f a Service Roadway Easement; thence run South 00005'55" West, along the WesterjyYini� of said Service Roadway E a Easement, for a distance of 947.38 feet; thence ru*> Pdh' 89139'47" West, for a distance of 0 213.29 feet; thence run North 00020'13" East, for a distance of 303.59 feet; thence run North 89039'47" West, for a distance of 390.26 feet; 6QPcn South 00°20'13" West for a m distance of 565.00 feet; thence run North 89039'47" West Va distance of 124.74 feet; thence run South 00020'13" West, for a distance of 394.41 feet; thence run North 2 89039'47" West, for a distance of 290.20 feet to a point on th$!�'_Easterly right-of-way line of a the Fahka Union Canal; thence run North 00130'33" East alongth4 proposed Easterly right- Q of -way of said Fahka Union Canal for a distance of 4124.12 feet; Kier run North r� 45022'18" East, along the proposed Easterly right-of-way of said r-ahO Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, along t'ie propwed Southerly E right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; tl ar ce run North 44042'31" East, along the proposed Easterly right-of-way of said Fahka Union Canal, for a distance of 387.97 feet; thence run North 00030'33" East, along the proyd9ed Easterly Q right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89042'31" East, along the E North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00119'01" West. Packet Pg. 694 OR 6177 PG 46 9.A.3.d LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of lan4 ogatgd in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Flloa, Being more particularly described as follows: Begin at the Northeast canner of Section 4, ❑w ship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner of.�e oA 4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00°38'5 EE g the East line of the Northeast Quarter of said Section 4, for a distance of 2387.39 f , thence run 5891121'02"W, for a distance of 137.82 feet to a point on the Easterly line of a SeryJce oadway Easement as recorded in ❑. R. Book 1567, Page 1556, of the Public Records ot) lier County, Florida; thence run N00052'04"W, along the Easterly line of said Service R dway Easement for a distance of 3.19 feet; thence run 589°07`56"W, along the No erly 6.vf said Service Roadway Easement for a distance of 35.00 feet; thence run S00052'04r'E, Wp,,n g the Westerly line of said Service Roadway Easement for a distance of 3.06 €e ; t ce run S89121`02"W for a distance of 77.18 feet; thence run 500038'58"E, for a distan 9.43 feet; thence run S891132'34"W, for a distance of 111.67 feet; thence run N710`64' II8"W, for a distance of 125.85 feet; thence run N 531115'08"W, for a distance of 424.pet�ence run S89032'34"W for a distance of 242.59 feet; thence run N46046'08"W, foz � a tsRnce of 199.70 feet to a point on the proposed Easterly right-of-way line of the Fa ion Canal; thence run N00027'26"W along the proposed Easterly right-of-way li ` of \Fahka Union Canal for a distance of 1455.84 feet; thence run N44°24'19"E along' ' osed Easterly sight -of -way line of the Fahka Union Canal for a distance of 224.67 fe"r,43C run N88144'32"E, along the proposed Easterly right-of-way line of the Fahka Uii' " nal for a distance of 676.00 feet; thence run N43°44'32"E, along the proposed East` r1W b of -way line of the Fahka Union Canal for a distance of 387.97 feet; thence run NO&4 l 5"]�il along the proposed Easterly right-of-way line of the Fahka Union Canal for a distant f 7 .26 feet to a point on the North line of the Northeast Quarter of said Section 4; t run N 88044'32"E, along the North line of the Northeast Quarter of said Section 4 for a dicta C- f 65.00 feet to the Point of Beginning. J PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, Township'92 Sduh, Range 28 East, Collier County, Florida, being more particularly described as follows Commence at the Northeast corner of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence run South 00120'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00020'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89139'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00105'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; Packet Pg. 695 *** OR 6177 PG 47 thence run South 89139'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range c 28 East, Collier County, Florida, as being South 00020'13" West. �° LESS AND EX(; PT�FF�DM PARCEL B those certain lands conveyed in Official Records Book c 4522, Page 2249, thq Public Records of Collier County, Florida and more particularly described as folldi�r-µ , to N A parcel of land locan a,.portion of Section 4, Township 52 South, Range 28 East, Collier ted'i r County, Florida, being 7pee4mrticularly described as follows: ti Commence at the Northeast corner of the Southeast Quarter of Section 4, Township 52 0 south, Range 28 East, Colliery, nty, Florida; thence run S00137'46"E, along the East line c of the southeast Quarter of sail Section 4, for a distance of 350.00 feet to the Point of `" N Beginning of the parcel of land herp'n described; thence continue S00°37'46"E, along the CD N East line of the Southeast Quartef of mid Section 4, for a distance of 334.23 feet; thence a. run N45037'46"W, for a distance oC-269,88 feet to the beginning of a tangential circular curve concave Northeasterly; thence run Northwesterly along the arc of said curve to the c right, having a radius of 82.50 feet thpi o a, central angle of 45100'00" subtended by a v chord of 63.14 feet at a bearing of N23907'4!YW, for a distance of 64.80 feet to the end of said curve; thence run N00137'46"W, for,distance of 85.06 feet; thence run N89122'14"E, Z for a distance of 215.00 feet to the Point of Betiuning. Bearings shown hereon refer to the East line v��Southeast Quarter of Section 4, Township 52 South, Range 28 East, Collier Cou fy,;HoOda as being 500037'46"E. / . AND •c PARCEL C: t A parcel of land located in the Southeast 1/4 of Section 4, Tg +nship 52 South, Range 28 East, Collier County, being more particularly described a9-❑haws: Commence at the Southeast corner of Section 4, Township 52'Soujh, Range 28 East; thence run N 00120'13" E along the East line of the Southeast 1/4 of sa4dection 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 f_ etjt�the Point of Beginning of the parcel ❑f land herein described; thence run 5 04°23" W for a distance of 261.41 feet; thence run N 89039'47" W for a distance of 390.26 feet t6egce run N 00020'13" E for a distance of 565.00 feet; thence run 5 89039'47" E for-t(distance of 390.26 feet; thence run S 00020'13" W for a distance of 303.59 feet to the -Point of Beginning. l Packet Pg. 696 9.A.3.d This instrument was prepared without an opinion of title and after recording return to: Francesca Passidomo, Esq. Coleman. Yovanovich & Koester. P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239)435-3535 INSTR 6312737 OR 6177 PG 84 RECORDED 9123/2022 3 21 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA COC@a.70 $0.70 REC $44.00 CONS S10-00 (space above this line for recording data) RELOCA E T iA N i7 A THIS PUBLIC UTILITY EASEMENT AND RELOCATION AGREEMENT, granted this AA N day of 2022, by-. LINDSAY J. CASE, as Grantor, to PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: that the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt and sufficiency of which are hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, an easement, license, and privilege for public utility purposes, including construction, installation, maintenance and operation of Grantee's utility facilities, in, on, over and under the lands as described in Exhibit "A" attached hereto and incorporated by reference ("Easement Area"). Grantor reserves all rights, titles, interests and privilege in and to the lands described herein, including, but not limited to, granting additional easements thereon, provided that such additional easments do not interfere with the rights granted to Grantee herein or to Grantee's utility facilities. Grantor shall have the right, in coordination with Grantee to avoid disruption or interruption of utility services, upon providing advance notice of not less than ninety (90) days to relocate utility facilities owned by Grantee located in the Easement Area, if any, from time to time, to locations approved in advance in writing by Grantee, all to occur at Grantor's sole cost and expense, and with plans and specifications approved in writing by Grantee, and Grantee will reasonably cooperate with such relocation efforts. Upon: A. the adoption of a resolution by Grantee accepting replacement permanent public utility easement(s) and the recording of such accepted replacement permanent public utility easement(s) in the Public Records of Collier County, Florida, together with a Bill of Sale for relocated utility facilities; or, B. upon the recordation of a subdivision plat acceptable to Grantee in the Public Records of Collier County, Florida of lands, encompassing the property described in Exhibit "A", with replacement public utility easement(s) acceptable to and dedicated to Grantee and accepted by Resolution of Grantee, together with a Bill of Sale for relocated utility facilities, Page 1 of 4 Packet Pg. 697 9.A.3.d the easement rights granted hereunder shall automatically terminate and be void and of no further force and effect. Such easement or plat shall provide for the grant or dedication of replacement, permanent public utility easement(s) to the Grantee for the purposes stated herein , but shall not necessarily include the same or the entire area described in Exhibit "A". IN WITNESS WHEREOF, the Grantor and Grantee have caused these presents to be executed the date and year first above written. Witnesses: r { By: �- Lindsay J..2 se (Witness 2 Print STATE OF �Ipt ) COUNTY OF �L The foregoin inst ment as cknowledged before me by means oK�)eprhynally sical presence or [ ) only a notarization h ay of Q22 by Lindsay J. Case, who isd known to me or ( as produced A as evidence of id�i�itification. (SEAL) ' Name/ -ZX&r���._ Ci IZ �GIl ��/ /�(//L��is■����+ }EGG LADRA A, GREGG p��/� � (Type or Print) � My Commission Expires: + •` 7 2026 , ? di PA. Bonded Thru KOlarSl PWW � [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] Page 2 of 4 Packet Pg. 698 9.A.3.d Witnesses: Port Of The Islands Community Improvement District, a community development district established pursuant to Chapter 190, Florida Statutes as Chair/Vice-Chair STATE OF FLORIDA COUNTY OF COLLIER fdsyCoo-�r�`,e f re oino, nst ment wa acknowledged before me, in person, this ►? t, 2022, by SI , as ChairlVice-Chair of Port Of Themm nity Improvement District, a community development district established pursuant to Chapter 190, Florida Statutes on behalf of the community development district, for the purposes herein expressed. He/she is personally known to me. �. jr A LAURA A GREGG Print NA`m : I�YCOMi�lSSlChi # FiH 1$5fi01 Noie/y Public ,;;; EXPIRES: February 7, 2�28 sw,ae4Tnn,N,saryPut&VwWwrxers My commission expires: (SEAL) _ IL R 0 a: c 0 U) N N r` v 0 0 0 N N 0 N J a v 0 ti N Page 3 of 4 Packet Pg. 699 9.A.3.d 3 Exhibit "A" Easement Area Page 4 of 4 Packet Pg. 700 DMT3n-Rai-Z657VO37 V P3.LD S\,�3ndnS\0SlJUd) Ob' NOINn 5z-kLr x 15; LH w w w - —� Z :r www rW V W t` J .QS Od 'Ll9L dO) (0611 Od '89Li dO) 3n ,0-W cac � d w d (Z691 9d TL6Z 60) (69Zc Dd '0067 pia) (Z9ZZ Dd '006Z 80) 3n 0313IflM .C'SZ co a CL (MS Od 'a1C5 -so) W ¢ N L7 N N ¢ r [p IN 1f I�7 N T•' _ uj 3 3 W W J 3 W $ W W 3 w m z T• r 4 t �2 r, H Q 0 , N 6 C7 al r7 a, r-, h Q! IID Z J CO o7 0 r'] Q Q M Q Z Z Z Z !17 N ✓R N N V7 V7 f/'1 Z CV M, W J J J J F Z _j --I _j _jI J J J J J mW (KL `?d}y Zq? do) 57� 1 zzoE t 7A&IOS i 23/-0Sd 1,1?' 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E�e=wo@ o�c�:wI�O ...�.... U-2o(nm-j==E CF \ ) \ \ \ � . ¥ ' ` 2 m 2 - /a B° 2{ k{ {a -�,�,�� /\ \�\� � \k g ^ j,_ R \ ƒ 5) \/ ƒ � � j .. $ j / . D ƒ - - � • �� � ¢ \ . ƒ - m _ ƒ 0 .■ ) � / 2 \ C+Dev county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone (PUDZ, PUDA, PUDR) 0 PETITION NO: PL20220004175 PROJECT NAME: 12425 Union Road RPUD R 0 DATE PROCESSED: c 0 ❑✓ PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 GA of the Administrative Code � ❑ Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative N Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. 04 LO APPLICANT CONTACT INFORMATION v 0 Name of Property Owner(s): Lindsay J. Case 0 o N Name of Applicant if different than owner: Alligator Reach, LLC N J a - Address: 119 N. Wahsatch Ave City: Colorado Springs State: CO Zip: 80903 Telephone: 719.237.2623 Cell: r le 0 rl- N_ E-Mail Address: sirlindsay64@gmail.com 2 Name of Agent: D. Wayne Arnold, AICP / Francesca Passidomo, Esq. c Firm: Q. Grady Minor & Associates, P.A. / Coleman, Yovanovich & Koester, P.A. Address: 3800 Via Del Rey / 4001 Tamiami Trail North, suite 300 City: Bonita Springs / Naples State: FL ZIP: 34134 / 3 .S 3 CL— Telephone: 239-947-1144 Cell: E-Mail Address: warnold@gradyminor.com / fpassidomo@cyklawfirm.com 00 r c .Q If Property is under contract to be sold: Q Name of Property Buyer(s): N.A. Name of Applicant if different than buyer: c E Address: City: State: ZIP: CU Q Telephone: Cell: c m E-Mail Address: E Name of Agent: w a Firm: Address: Telephone: E-Mail Address: City: Cell: State: ZIP: 07/2022 Pag Packet Pg. 705 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov REZONE REQUEST This application is requesting a rezone from: RT, Residential Tourist Zoning district(s) to the 12425 Union Road RPUD zoning district(s). Present Use of the Property: Former RV Park, now vacant Proposed Use (or range of uses) of the property: Residential Original PUD Name: Not applicable Ordinance No.: Not applicable 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; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), 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: 4 52 / 28 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: Plat Book: N.A. Page #: N.A. See Exhibit D of the PUD Document Property I.D. Number: 01058920005 and 01058920513 Size of Property: Irregular ft. x Irregular ft. _ .... ... .-32.;- Total Sq. Ft. Acres: 51.5+/- Address/ General Location of Subject Property: 12425 Union Road Also see Aerial Location Map PUD District (refer to LDC subsection 2.03.06 Q ❑ Commercial ❑ Mixed Use 0 Residential ❑ Other: ❑ Community Facilities ❑ Industrial D a R 0 c 0 LO N N ti v 0 0 0 N N 0 N J a r 0 ti N 07/2022 Pag Packet Pg. 706 9.A.3.d 02 co J'e-rco-4nty 0 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ADJACENT ZONING AND LAND USE Zoning Land Use N P and CON County utility site and gun club S NORTH PORT BAY PUD Residential E CON ACSC/ST and P Preserve and County utility site W RT and CON ACSC/ST Undeveloped and preserve 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. Metes & Bounds Description: Property I.D. Number. N.A. N.A. ASSOCIATIONS Required: List all registered Home Owner / Civic Association(s) that could be affected by this petition and located within 1,000 feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Please use the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner / Civic Association: Port of the Islands Community Improvement District Mailing Address: 3820 Colonial Blvd, #101 City: Fort Myers State: FL ZIP: 33966 Name of Homeowner / Civic Association: Orchid Cove at Port of the Islands Condominium Association, Inc. Mailing Address: 6704 Lone Oak Blvd. City: Naples State: FL Zip: 34109 Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: Name of Homeowner / Civic Association: Mailing Address: City: City: City: State: ZIP: State: ZIP: State: ZIP: a R 0 c 0 LO N N LO ti v 0 0 0 N N 0 N J a v 0 ti N 07/2022 Pag Packet Pg. 707 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. C. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, 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. D a R 0 c 0 LO N N LO ti v 0 0 0 N N 0 N J IL r le 0 ti N 07/2022 Pag Packet Pg. 708 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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 8 B of the Administrative Code and LDC section 10.03.05. 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 six (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. t a 0 c 0 LO N N ti v 0 0 0 N N 0 N J IL r v 0 ti N 07/2022 Pag Packet Pg. 709 C+Der county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): Alligator Reach, LLC Address: 119 N. Wahsatch Ave. Telephone: 719.237.2623 E-Mail Address: sirlindsay64@gmail.com City: Colorado Springs Cell: Address of Subject Property (If available): 12425 Union Road City: State: ZIP: PROPERTY INFORMATION Section/Township/Range: 4 / 52 / 28 Lot: N.A. Block: N.A. Subdivision: N.A. Metes & Bounds Description: See Exhibit D of the PUD Document State: Co ZIP: 80903 Plat Book: N.A. Page #: Property I.D. Number: 01058920005 and 01058920513 TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ Provide Name: Port of the Islands Community Improvement District C. Franchised Utility System (GPD Capacity): TBD d. Package Treatment Plant ❑ Type: e. Septic System ❑ TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utilitv Svstem 17 Provide Name: Port of the Islands Community Improvement District d. Private System (Well) ❑ Total Population to be Served: 109 residential dwelling units Peak and Average Daily Demands: A. Water -Peak: N.A. B. Sewer -Peak: N.A. Average Daily: N.A. Average Daily: N.A. IL R 0 c 0 LO N N ti v 0 0 0 N N 0 N J IL r v 0 ti N 07/2022 Pag Packet Pg. 710 Collier county Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 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. Attach additional pages if necessary. 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. N.A. 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. a R 0 c 0 LO N NT N LO ti 0 0 0 N N 0 N J a r 0 ti N 07/2022 Pag Packet Pg. 711 Caber County 9.A.3.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov COVENANT OF 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. 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. Signature of Owner Printed Name of Owner Signature of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Ophysical presence or Flonline registration this day of 11 20_, by or Flhas produced Notary Seal who is ❑ personally known to me Signature of Notary Public Print Name of Notary Public as identification 07/2022 Pag Packet Pg. 712 Collier county 9.A.3.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Final Submittal Requirement Checklist for: ❑✓ PUD Rezone- Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code 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 upload the submittal items with cover sheets attached to each section via the GMD Portal Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED NOT REQUIRED Cover Letter with narrative statement including a detailed description of why amendment is necessary ❑ Completed application with required attachments (download latest version) ✓ Pre -application meeting notes ✓ Affidavit of Authorization, signed and notarized ✓ Property Ownership Disclosure Form ✓ Notarized and completed Covenant of Unified Control ✓ Completed Addressing Checklist ✓ Warranty Deed(s) ,/ List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey Architectural rendering of proposed structures Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. ✓❑ ❑ Statement of utility provisions ✓ Environmental data requirements pursuant to LDC section 3.08.00 ✓ 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. ✓❑ ❑ Traffic Impact Study (TIS) ✓ Historical Survey F7 School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents _/ Completed Exhibits A-F (see below for additional information)+ ✓❑ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ✓❑ ❑ *Checklist continues on next page 07/2022 Pag Packet Pg. 713 9.A.3.d 02 co per co-4nty 0 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" 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 ✓ Copy of Official Interpretation and/or Zoning Verification ✓ +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 G.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: 0 School District (Residential Components) ❑ Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: FEE REQUIREMENTS ❑✓ Pre -Application Meeting: $500.00 ❑✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning ❑✓ Consistency Review: $2,250.00 ❑✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 ❑✓ Transportation Review Fees: • Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 • Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) IL R 0 c 0 LO N N ti v 0 0 0 N N 0 N J IL r 0 ti N 07/2022 Page Packet Pg. 714 Caber County 9.A.3.d Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 1 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov ❑✓ Estimated Legal Advertising fee: • CCPC: $1,125.00 • BCC: $500.00 ❑✓ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) ❑ School Concurrency Fee, if applicable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the 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 5th and subsequent re -submittal will be accessed at 20% of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov October 25, 2022 Signature of Petitioner or Agent Date D. Wayne Arnold, AICP Printed named of signing party 07/2022 Page Packet Pg. 715 9.A.3.d 12425 Union Road RPUD (PL20220004175) Evaluation Criteria Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs 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 applicant is proposing to rezone the 51.5+/- acre property from RT, Residential Tourist and CON, Conservation zoning districts to a Residential PUD to permit up to 109 dwelling units, which will permit single family detached and two-family attached dwelling units. The parcel of land is located within the Port of the Islands community and is presently undeveloped. Access to the property will be via Union Road. The property was recently acquired by the applicant from the Port of the Islands Community Improvement District and commonly referred to as CID. 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 area is suitable for the proposed development of residential dwelling units. The site has been a previously cleared and filled and has utilities available to the site provided by CID. Surrounding areas are developed MF residential, conservation and canal. Access is by State and CID owned right of ways o with sufficient capacity. This PUD represents a significant reduction in permitted density and intensity. v The applicant has acquired or otherwise has an option / reservation to acquire the necessary utility connection rights for the proposed 109 dwelling units. z 0 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. The property is under the control of the applicant and was acquired from the CID. An HOA will be created for perpetual maintenance of internal community areas which are not otherwise owned and operated by the CID. 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.) The property is located in the Urban Mixed Use District, Urban Residential Subdistrict of the Future Land Use Element. The property is also located in the Coastal High Hazard Area, which generally provides for lower densities due to storm surge vulnerability. The existing 41+/- acres of RT zoning is vested and has been in place since the inception of the Port of the Islands community was established in the 1960's. The RT zoning would authorize 16 dwelling units per acre which would yield over 600 dwelling units for July 25, 2023 W GradyiNlinor Evaluation Criteria-r3.docx Page 1 of 7 Civil Engineers • 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.co ol Packet Pg. 716 9.A.3.d this property. The 12+/- acres of the CON zoning district permits residential development at 1 dwelling unit per 5 acres, which would yield 2 dwelling units. The applicant is proposing 109 single family detached and/or two-family attached units which equates to a density of 2.1 dwelling units per acre, which is well within the permitted density under the Growth Management Plan. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. The proposed residential PUD at a density of approximately 2 dwelling units per acre is far below the number of residential dwelling units that can be built under the current RT and CON zoning and the proposed use is more compatible with the existing surrounding uses than those uses typical to the RT Zoning District. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is within the Urban Designated Area of the Future Land Use Map and is serviced by utilities provided by the CID. Approval of this project is not urban sprawl and development at the proposed density is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of one and two-story single-family homes or townhomes. The property immediately south of the subject property is also zoned RT and is owned by the Collier County Board of County Commissioners, which was formerly developed as a hotel, which was demolished. A small portion of the site does abut the Orchid Cove condominium, which are two-story multi -family dwelling units. The property to the east is zoned P, Public Use and is developed as the utility services site for the Port of the Islands community. Property to the north is also zoned CON and is partially developed with a shooting clay target range. Property to the west is also zoned CON and is located within the Area of Critical State Concern (ACSC). The proposed residential use is compatible and complementary to the surrounding uses. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. The PUD development standards also identify significant areas of retained open space that are intended to be for the use of all residents of the Port of the Islands community. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The site has been previously cleared and has no native vegetation or environmentally sensitive areas. Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The site will have access to the existing Union Road and the applicant will be discussing the ability to obtain an access easement over the western alignment of Union Road. The applicant may gate the residential component of the community; however, an interconnection to the County owned parcel is not proposed due to the undetermined utilization of that site by the County. Transportation Element July 25, 2023 Evaluation Criteria-r3.docx Page 2 of 7 Packet Pg. 717 9.A.3.d Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Manaeement Element Policy 6.1.2 provides for the protection of native vegetation; however, there is no existing native vegetation on the subject site and no preservations areas are provided. Objective 7.1: Direct incompatible land uses away from listed animal species and their habitats. A brief examination of the parcel found no listed animals on site. Please refer to Environmental Data provided by Collier Environmental Consultants, Inc. 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 subject property would permit development of over 600 multi -family dwelling units on the RT zoned portion of the site and/or development of potentially incompatible uses such as hotels/motels. The rezoning represents a significant downzoning of the property and only proposes single family detached and two-family attached dwelling unit types. The PUD includes restrictions on building heights and setbacks which have been supported by the CID. The proposed uses are compatible with the surrounding area. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The project will have at least 60% open space as required for residential developments under the LDC. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Adequate infrastructure must be in place to support future development on the site. The applicant has acquired and/or reserved the necessary water and sewer connections from the CID. There are no known capacity issues that will impact this project. Union Road will be improved within the property limits. g. The ability of the subject property and of surrounding areas to accommodate expansion. The RPUD includes all lands under the control of the applicant. Expansion of the PUD boundary is not anticipated. Lands located to the north are zoned CON and is owned separately from the subject property. Lands to the east are developed with the Port of the Islands utilities and is owned by the improvement district. Lands to the south are owned by Collier County. Expansion of the PUD is not feasible. 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. July 25, 2023 Evaluation Criteria-r3.docx Page 3 of 7 Packet Pg. 718 9.A.3.d The PUD contains development regulations and buffer standards consistent with those found in the LDC. A deviation to the local road ROW width has been requested, which is appropriate for the relatively low number of units served by the proposed roadway. 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. The project is consistent with the Collier County Growth Management Plan as discussed below. Future Land Use Element Policy 5.4 requires that all applications must be consistent with the Growth Management Plan as determined by the Board of County Commissioners. The proposed residential PUD at a density of approximately 2 dwelling units per acre is far below the number of residential dwelling units that can be built under the current RT and CON zoning. Policies 5.5 and 5.7 discourage unacceptable levels of urban sprawl by utilizing urban areas for development before redesignating new property for urban intensity. The proposed development is within the Urban Designated Area of the Future Land Use Map and is serviced by utilities provided by the CID. Approval of this project is not urban sprawl and development at the proposed density is a good utilization of the existing infrastructure from a planning perspective. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed project will consist of one and two-story single-family homes or townhomes. The property immediately south of the subject property is also zoned RT and is owned by the Collier County Board of County Commissioners, which was formerly developed as a hotel, which was demolished. A small portion of the site does abut the Orchid Cove condominium, which are two-story multi -family dwelling units. The property to the east is zoned P, Public Use and is developed as the utility services site for the Port of the Islands community. Property to the north is also zoned CON and is partially developed with a shooting clay target range. Property to the west is also zoned CON and is located within the Area of Critical State Concern (ACSC). The proposed residential use is compatible and complementary to the surrounding uses. The conceptual PUD master plan demonstrates appropriate project buffers consistent with that required in the LDC, and the proposed development standards will ensure that the units are setback from the adjacent roadway and nearby residences to insure the compatibility. Policy 5.8 encourages clustered development and the use of PUD techniques to conserve open space and environmentally sensitive areas. The site has been previously cleared and has no native vegetation or environmentally sensitive areas. The proposed conceptual PUD master plan does identify two significant areas that will be retained as open space for the enjoyment of Port of the Island residents. July 25, 2023 Evaluation Criteria-r3.docx Page 4 of 7 Packet Pg. 719 9.A.3.d Objective 7, and implementing Policies 7.1-7.7, promote smart growth policies to reduce greenhouse gas emissions and to adhere to the development character of the County. The site will have access to the existing Union Road and the applicant will be discussing the ability to obtain an access easement over the western alignment of Union Road. The applicant may gate a portion of the residential component of the community; however, an interconnection to the County owned parcel is not proposed due to the undetermined utilization of that site by the County. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. Conservation and Coastal Manaeement Element Policy 6.1.2 provides for the protection of native vegetation; however, there is no existing native vegetation on the subject site and no preservations areas are provided. The existing land use pattern. The existing land use pattern is supportive of the proposed single family and two-family attached a development. The limitation to 109 dwelling units is significantly less than the 600+ units that could be built under the existing RT zoning are more compatible than alternate permitted uses such as hotels or motels. Development to the south is low rise multifamily residential and conservation lands exist to the east and west. To the north is a sporting club range which has been operating for decades. The possible creation of an isolated district unrelated to adjacent and nearby districts The rezoning to a PUD does not create an isolated district as the PUD complies with all LDC criteria for a PUD rezoning. The PUD furthers the land use pattern of residential development to the south. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing zoning boundaries are based on zoning changes that were initially made in the 1960's. The CON zoning for a portion of the cleared and filled site does not match the intent of the CON zoning district. The RT zoning district supports only multi -family residential dwelling unit types of development, or it would support a hotel up to 100' feet in height. The proposed PUD includes all lands under the control of the applicant and are not illogically drawn. Whether changed or changing conditions make the passage of the proposed amendment necessary. The seller of the property, CID (Port of the Islands Community Improvement District) and the applicant agreed that the maximum of 109 dwelling units was appropriate, and that development of single-family dwelling units were favored over the uses permitted by right in the RT zoning district. The RT zoning district does not permit single family or two-family dwelling units; therefore, the proposed zoning change is required in order to establish the single-family use. July 25, 2023 Evaluation Criteria-r3. docx Page 5 of 7 Packet Pg. 720 9.A.3.d 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed rezone will not adversely influence living conditions in the neighborhood. The proposed master plan and development standards will assure compatibility. The density proposed is approximately 80% less than that permitted under the underlying zoning, which will substantially reduce traffic and impacts to nearby residences. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The proposed zoning change, which limits the project to a maximum of 109 dwelling units generates fewer vehicle trip than allowed under the existing zoning. Union Road is a public roadway owned by the CID, and a maintenance of traffic plan will be provided to Collier County and CID as part of the construction plan approval. 8. Whether the proposed change will create a drainage problem. The project will obtain a SFWMD permit for the surface water management system and will have no drainage impacts on surrounding development. Drainage will indeed by improved through implementation of a stormwater management design. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed rezone will have no impact on light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. The proposed rezone should have no impact on 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 proposed rezone should enhance surrounding properties and will not deter improvement or development of nearby properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Any property owner may propose zoning changes subject to the requirements of the LDC. No special privilege results from the PUD rezoning. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. July 25, 2023 Evaluation Criteria-r3.docx Page 6 of 7 Packet Pg. 721 9.A.3.d A majority of the property is zoned RT which does not permit single family or two-family dwelling units. Both the CID and the applicant prefer development of single-family residences rather than multi -family dwelling units or a hotel as currently permitted are more appropriate for the property. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The scale of the project is in scale with the needs of the community and represents a downzoning of the property which is more in scale with surrounding development. 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 site in the County; however, this infill property is available and has urban services available, and the site has been previously cleared and partially filled. 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 site will require some alteration, primarily in the reconstruction of Union Road to improve it r v consistent with the southern portion of the roadway north of the Orchid Cove condominiums. Otherwise, rl- the site has been previously cleared and filled. 514 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 Growth Management Plan amendment, and it is compatible with surrounding development. July 25, 2023 Evaluation Criteria-r3.docx Page 7 of 7 Packet Pg. 722 CO&V ICAM14t y COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: Rezone to PUD (PUDZ ) Date and Time: Wednesday 7/13/22 at 1 : 30PM Eric ❑rtman Engineering Manager (for PPL's and FP's): Project Information Project Name: 12425 Union Road (PUDZ) PL#: 20220004175 PropertylD#: 1058920005 Current Zoning: RT Project Address: 12425 Union Rd.City. Naples State: FL Zip: 34114 Applicant: Sharon Unpenhour - Grady Minor Agent Name: D . Wayne Arnold, AICP Phone: 947-1144 38D0 Via Del Re Bonita 5prings,FL 34134 Agent/Firm Address: Y City: State: Zip.- Property Owner: Port of the Islands CID % Premier Dist Mgmt Please provide the following, if applicable: i. Total Acreage: 48.87 ii. Proposed # of Residential Units: 100 Single Family 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 1/12/2021 Page 1 1 of 5 a 0 c 0 LO N 1* N LO 0 0 0 N N 0 N J a 0 Packet Pg. 723 Coder Count 9.A.3.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required far all applications. A copy of this new form is included in your pre-app Note —link is httos://www.colliercountyfl.gov/Home/ShowDocument?id=75093 Sc ►i c ~ �L(�7L1� l G� (��ETUr� � �tilJl `� S J�rrG Q, 3 Aem41C_ A7TM4,-e- wry T&e7l /rvAa 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 RMiddletonrc0aolespov.com Allyson Holland AM Holland na les oy.com Robin Singer RSincerCa)-naglesaoy.corn Erica Martin emarti nCo7naolesgov. corn Disclaimer: Information provided by staff to applicant during the Pre-Appfication 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 1/12/2021 Page ! 2 of 5 Packet Pg. 724 9.A.3.d Pre -A Notes PUDZ-PL20220004175 —12425 Union Road Parcel 01058920005 is roughly 50 acres mostly zoned VR but a portion is zoned CON. Property currently owned by the Port of the Islands Improvement District which also owns the water treatment facility. Shar Beddow sbeddow@gnfire.org, Greater Naples Fire Department, would like to know when the property was zoned to RT. Access to go through County property. Applicant asked what, if anything, is the County going to do with parcel? County staff to meet with applicants to discuss on July 27. Applicant states that property was cleared in the 1960s; is currently vacant. Wayne A - Water treatment facility estimated to have been built 10-12 years ago. Appraiser's office lists construction of metal steel frame building and factory building as being built in 1967. Collier County Growth Management Department Principal Planner, Zoning Division 2800 North Horseshoe Drive Napes, Fb 34104 Direct line: (239) 252-1032 Eric.Ortman@colliercounlyfl.gov TtPaiet Pg. 725 9.A.3.d ThomasClarkeVEN From: TempletonMark Sent: Wednesday, July 13, 2022 2:40 PM To: ThomasClarkeVEN Subject: PL20220004175 - 12425 Union Road (PUDZ) Fallow Up Flag: Follow up Flag Status: Flagged Hi Thomas, Landscape for this one below: 15' Type B buffer where abutting multi -family, water treatment plant, clay shooting park, and cleared County Hotel site No buffer required where abutting STzoning. Staff will visit the site to determine the opacity of the preserve in the development South of lots in the SE corner of the site. Respectfully, Mark Templeton, Rt.A Principal Planner/Landscape Review Collier Co14nty Development Review Division Exceeding Expectations, Every Day? NOTE: Email Address Has Changed 2000 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit, plan, project, or deviation front the Land Development Code. 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 seed electronic mail to this entity. Instead, contact this office by telephone or in writing. Packet Pg. 726 9.A.3.d ThomasClarkeVEN From: SchmidtCorby Sent: Wednesday, July 27, 2022 9:56 AM To: ThomasClarkeVEN Cc: OrtmanEric Subject: RE: Pre Application Meeting PL20220004175 - 12425 Union Road (PUDZ) Importance: High No notes appear in my file. �+L�A��<<v"� From: ThomasClarkeVEN <Thomas,Clarke@coiliercountyfl.gav� W' Sent: Tuesday, July 26, 2022 10:31 AM To: SchmidtCorby <Corby.Schmidt@colliercountyfl.gov> Cc: OrtmanEric Eric.Ortman@colliercountyfl.gov> Subject: FW: Pre Application Meeting PL20220004175 - 12425 Union Road (PUDZ) Corby, Do you have any Comp Planning Notes for the above? The Pre-App was July 13ti, Let me know. Thanks 744u'a: [afar-e Operations Analyst - Zoning Division 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: SchmidtCorby <Corby, Schmidt@ coIIle rcountyfl.gov> Sent: Tuesday, June 14, 2022 5:05 PM To: Pre -Application Meetings <PreApplicationMeetings colliercountyfl.gov>; OrtmanEric <Eric.Ortman colliercount fi. ova; Sharon Umpenhour <SUmpenhour@gradyminor.com>; ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov>; Wayne Arnold <WArnold@gradyminor.com>; AnthonyDavid <David.Anthony@colliercountyfl.gov>; Arnold Michelle <Michelle.Arnoid colliercount fl. ova; AshtonHeidi cHeidi.Ashton@ coIIiercountyfl.gov_>; Bea rdLaurie <Laurie.Bea rd@ coIIiercountyfl.gov>; BeddowShar <5har.8eddow colliercount fl. ova; BosiMichael Michael.Bosi@colliercountyfl.gov>; Brad Jackson <Inriackso@sfwmd-go v>; Brow nCraig <Craig.Brown@coIIiercountyfi.goy>; BuIlertBenjamin <Benjamin .Bullert@colliercountyfl-go v>; CascioGeorge rGeorge.Cascio@coiliercountyfi.gov>; CastroGabriela cGabriela.Castro@colliercountyfl.gov>; ChachereKatherine <Katherine.Chachere colliercount fl. ova; _ ClarkeBoyleSonie <Sonie ClarkeBoyle@coIIiercountyfl.gov>; Coo kJaime <Jaime.Coo k@colliercount fy 1.gov>; CritchfieldHoward <Howard.Critchfieid@cclliercountyfi.gov>; CrotteauKathynell <Kathyneil.Crotteau@rolliercountyfLgov>; Daniel Zunzunegui <dxunzunegui@northcollierfire.com>; David Ogilvie <a ilvida col lierschools.com>; DeleonOmar<Omar.Deleon @colliercountyfl.gov>; EstradaMaria <Maria.Estrada @colliercountyfl.gov>; Faulkner5ue <Sue.Faulkner@coliiercountyfl.gov>; FinnTimothy Timothy.Finn @colliercountyfLEM>; ForesterDebrah <Debrah.Forester@colliercountyfl.gov>; GewirtzStorm Packet Pg. 727 � Coaii r County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountvfl.gov (239) 252-2400 Meeting Notes t t 4 ry i A Lt+N L •2,0'� ' P—X A-+ A[ P h M -e... r- s ENVI(LOA)i4k,e. TAL Y Clt Ib aLV--� 5e'ot-- e0Ae+LL- Mai .e..5 19�wb c N J a o r tit C- L(L l Z, i Coi ¢ 5 Ln.T►t c,7- ., a�a Z A— ('LI7-,,r a �ZCA4-9, 6 Olj- Ca) a4,14 5 5�1� -2- �. Other required documentation for submittal (not listed on application): ❑isclaimer: 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 mast 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 1/12/2021 Page 1 3 of 5 Packet Pg. 728 9.A.3.d ThomasClarkeVEN From: 5awyerMichael Sent: Thursday, July 28, 2022 1:52 PM To: ThomasClarkeVEN; BrownCraig Cc: OrtmanEric Subject: RE: 12425 Union Rd PL20220004175 (PUDZ) Thomas, Please check the T15 required box on the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: A TI5 is required for the proposed PUD. Methodology meeting by email required and provide note ❑n TI5 cover sheet that fee will be collected at time of PUD submittal. Address all transportation elements of the GMP. Provide trip limit based on TI5 using standard language: `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 lTE Manual on trip generation rates in effect at the time of application for SDP/SDPA arsubdivision plat approval." As discussed legal access must be demonstrated. Discussion with County staff is needed to assess any potential easement - ROW through county owned lands as outlined. Respectfully, Michael yer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 michael.sawyer a,colliercountyfl.gov From: ThomasClarkeVEN <Thom as. Clarke @cotliercountyfl.gov> Sent: Thursday, July 28, 2022 10:08 AM To: BrownCraig <Craig.Brown@col liercountyfl.gov>; 5awyerMichael <Michael.5awyer@coIIiercountyfl.gov> Cc: ❑rtmanEric < Eric.0rtman@cot Iiercountyf1.gov> Subject: FW. 12425 Union Rd PL20220004175 (PUDZ) Hi Craig, Mike, See Eric Ortman's notes for this Port of the Islands Pre-App from July 13th. Did you want to add Notes before I send to Applicant? Packet Pg. 729 9.A.3.d ThomasClarkeVEN From: Beard Laurie Sent: Wednesday, July 13, 2022 1:38 PM To: artmanEric Cc: ThomasClarkeVEN Subject: Pre Application Meeting PL20220004175 - 12425 Union Road {PUD2} Attachments: Transportation-PUD monitoring pre app handout 2020.docx Follow Up Flag: Fol#ow up Flag Status: Flagged PUD Monitoring pre-app notes attached. Laurie Beard Project Manager Please note new address: PUD Monitoring. GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie.Beardfc.ColiierCountvFL.aov Phone- (239)-252-5782 VCOLUER CalM ;1 y SIB V A Linder 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. i Packet Pg. 730 9.A.3.d 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 SDPISDPA 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- a out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until r close-out of the PUD. At the time of this CPU❑ approval, the Managing Entity is the Insert o 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 z Managing Entity will be released of its obligations upon written approval of the transfer by County c 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 Q 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 m closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment c 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." Packet Pg. 731 9.A.3.d ThomasClarkeVEN From: BrownCraig Sent: Thursday, July 28, 2022 12:35 PM To: ThomasClarkeVEN; SawyerMichael CC: OrtmanEric Subject: RE: 12425 Union Rd PL20220004175 (PUDZ) Attachments: PUDZ-PUDA checklist FOR REVIEWERS 2-2017.doc; Environmental data Checklist updated December 2016.doc Follow Up Flag: Follow up Flag Status: Flagged Thomas, Here are my notes. Please provide Environmental Data: Please provide FLUCFCS aerial map of the subject property Please include the invasive exotic plant percentage amounts and indicate which FLUCFCS are being considered Native Vegetation. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. 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. 2. Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear, and Florida Bonneted Bat as part of the evaluation. 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). Provide a survey for listed plants identified in 3.04.03. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.1­1.1.d- e). (25% preservation required.) Label the Master plan with if there is native vegetation meeting the preservation standards or add a note no preservation is required. The property has been mostly cleared please provide narrative with support to explain when the property was cleared (permit/ aerials). 4. Please address how the proposed project is consistent with Conservation Coastal Management Element (CC ME) Policy 5.1 and Objective 7.1, 5. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation Requirement is 25%). 6. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 7. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. 1 Packet Pg. 732 9.A.3.d 8. 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. 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 q Please Check off $2500 Environmental Data Fee. Craig Brown Principal Environmental Specialist Development Review Division (239) 252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN rThomas.Clarke@colliercountyfl.gov> � Sent: Thursday, July 28, 202.2 10:08 AM a To: BrownCraig Craig.Brawn@colliercountyfl.gov>; 5awyerMichael <Michael.Sawyer@colliercountyfl_gov> c Cc: OrtmanEric <Eric.Crtman@colliercountyfl.gov> ti 5U6ject: FW; 12425 Union Rd PL20220004175 (PUOZ) Hi Craig, Mike, See Eric Ortman`s notes for this Port of the Island$ pre-App from July 13th. Did you want to add Notes before I send to Applicant? Thanks 7k., &Ziz& Operations Analyst - Zoning Division ~ 2800 North Horseshoe Drive, Naples, FL 34104 Phone: 239-252-2526 From: CrtmanEric <Eric.Ortman colliercount fl. ova Sent: Tuesday, July 26, 2022 4:30 PM To: ThomasClarkeVEN <Thomas.Clarke colliercount fl, gov> Subject: 12425 Union Rd PL20220004175 Tom, Attached are my pre-app notes and checklist. You will see that a couple of things are missing from checklist. Packet Pg. 733 9.A.3.d Environmental PUDZ-PUDA Checklist (no -RFMU) Project NameJ'rt Y25' L(AaoxI 9- . '04-0z) I. 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 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1) Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05,07.13-1); 3.05.07.F; 3.05.07.H. Ld-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the Iargest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A. 1 -4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback — New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 1 i . If the PUD includes a Preserve Tract section UP FOR DISCUSSION — DISCUSS WITH CAO When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC — see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Alternate format: A. Uses subject to LDC section Allowable uses within County required preserves: 1. Nature trails that do not reduce the amount of required preserve. 2. Passive Recreation uses, as per LDC requirements. 3. Stormwater only when in accordance with the LDC. 0 M IL ca ao' 0 N N ti 0 0 0 N N 0 N J IL 0 N ?k 6 .e_ , C. 3 . Packet Pg. 734 9.A.3.d 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. 12. 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 BIack 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: C D a 0 0 c 0 I* N ti 0 O O N N 0 N J a 0 ti N �,A Packet Pg. 735 9.A.3.d Environmental Data Checklist Project Name L4 'r �f. IvA, 12,I) - The Environmental Data requirements can be found in LDC Section 3.08.00 Provide the EIS fee if PUD or CU. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05,07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands trust have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. Provide 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 Iow, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered Provide a survey for listed plants identified in 3.04.03 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 0 a a �a 0 tY 0 LO eq r ti 0 0 0 N N 0 N J a 0 ti Packet Pg. 736 �, �e 9.A.3.d 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 onions of sites cleared of native vegetation or in agricultural ❑ eration, provide documentation that the parce](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) o are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native M vegetation and detennining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the O c project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide •2 a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale D provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the cm 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. c 12. include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, 0 0 N RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. o N� a 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 Iocation map(s) and property identification number(s) of the off -site parcel(s) if 2 off -site donation of land is to occur. Z 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. SoiI and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) $ metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. `f A 6 Packet Pg. 737 9.A.3.d 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13 ), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the le applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. C ti N 24. The County Manager or designee may require additional data or information necessary to evaluate the project's 2 compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) Z The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? Packet Pg. 738 9.A.3.d 27. PUD master plan or PPUSDP 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 D accordance with LDC section 3.05.07. a ZS. Additional comments a0 c 29. Stipulations for approval (Conditions) ° 0 N I* N T ti T O O O N N O N J OM Packet Pg. 739 �r Garter County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercountyfl.jtov (239) 252-2400 Pre -Application Meeting Sign -In Sheet PL# 20220004175 Collier County Contact Information: 9.A.3.d Name Review Discipline Phone Email Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov ix""5har A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov f Craig Brown Environmental Specialist 252-2548 craig.brown @colliercountyfLgov Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 he idLashton@colIiercountyfLgov .vp`� Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl. ov Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov Gabrieia Castro Zoning Principal Planner 252-4211 gabriela.castro@coiliercountyfl.gov Maggie DeMeo North Collier Fire 252-2309 pdemeo@northcollierfire.com _ Eric Fey, P.E. Utility Planning 252-1037 eric.fey@colliercountyfl.gov _. Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@colliercountyfI.gov Sue Faulkner G M P - Comprehensive Planning 252-5715 sue.fauikner@colIiercountyfl.gov Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm. ewirtz@colliercountyfl.gov Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Cormac.giblin@colliercountyfl.gov I Nancy Gundlach, AICP Zoning Principal Planner 252-2484 nancy.gundlach@coil iercount I, ov i 1 Rachel Hansen GMP--ComprehensivePlanning 252-1142 Rachel.hansen@co11iercountyfI-gov I ! Richard Henderlong Zoning Principal Planner 252-2464 richard.henderiong@colliercountyfl.gov I. John Houldsworth Engineering Subdivision 252-5757 'ohn.houldsworth@colliercountyfl.gov I Alicia Humphries Right -Of -Way Permitting 252-2326 aIicia.humphries@colliercountyfl.gov Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfl.gov John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov 1 Parker Klopf GMP— Comprehensive Planning 252-2471 Parker.klopf@colliercountyfl.gov I Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com I_ i Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 diane.lynch @coiliercountyfLgov Thomas Mastroberto Greater Naples Fire 252-7349 thomas.mastroberto@colliercountyfl.gov Jack McKenna, P.E. Engineering Services 252-2911 jack.mckenna@colliercountyfl.gov Updated 1/12/2021 Page 14 of 5 Packet Pg. 740 Co*er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.i¢ow (239) 252-2400 9.A.3.d (1 Matt McLean, P,E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl. ov Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov IJ Richard Orth Stormwater Planning 252-5092 rchard.orth@colliercountyfl.gov Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov lt,- 'Derek Perry Assistant County Attorney 252-8066 Derek.pefry@colliercountyfl.gov r i Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@coll;ercountyfl.gov F-I Todd Riggal! North Collier Fire 597-9227 triggall@northcollierfire.com Brett Rosenblum, P.E. Development Review Principal Project Manager 252-2905 brett.rosenblurn @colliercount fl. ov James Sabo, AICP GMP, Comp Planning Manager 252-2708 'ames.sabo@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov _I Corby Schmidt, AICP Comprehensive Planning 252-2944 corny.schmidt@colliercountyfl.gov Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov J Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov I� Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov J Jon Walsh, P.E. Building Review 252-2962 jonathan.walsh@colliercountyfl.gov Cl Kirsten Wilkie Environmental Review Manager 252-5518 kirsten.wilkie@colliercountyfl.gov F! Christine Willoughby Development Review - Zoning 252-5748 christine.wllough by@coiliercountyfLgov Daniel Zunxunegui North Collier Fire 252-2310 DanielZunzunegui@colliercountyfl.gov Err-ke'o 5', ra{3A to -:L—,nr Additional Attendee Contact Information: Name Representing Phone Email Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 741 i ci' z 5 6ex-I v 901? a 014 rJ �] ^ LPL - a]Z 7- - 5'17! 7'1 3/zz _ 3� Part;ctpants i [ G��r•4sL i1 Q. Find a participant thomas clarke (Host, me) 1 aGradyMinor p © Eric©rtman 0 fpassidomo f 0 ryovanovich I_0 0 beard_i Craig 6rcwn Derek D. Perry, County Attorney's Office I-f] Gino Santabarbara Mark js 0 savvyermichael 0 sbecldovY imSean Sammon Ask to Unmute 9.A.3.d Packet Pg. 742 PL20220004175 -12425 Union Road [PU 9.A.3.d Applicant/Agent may also send site plans cr conceptual plans for review in advance if desired. Planner: Eric Ortman Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION Name and Number of who submitted pre-app request Sharon Umpenhour—Grady Minor 239-947-1144 sumpenhou r@gradymi nor.com ■ Agent to list for PL# ❑.Wayne Arnold,AICP — Grady Minor ■ Owner of property (all owners for all parcels) Port of the Islands CID % Premier Dist Mgmt ■ Confirm Purpose of Pre-App: (Rezone, etc.) Rezone from RT to R P U D to allow a maximum of 100 single family residential dwelling units. ■ Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply): ■ Details about Project: See Above REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condomina@colliercountyfl Phone: 239-252-6866 Created April 5, 2017 Location: KACDES Planning Se ry ices\Cu rren t\Zo n I n g Staff Information Packet Pg. 743 9.A.3.d Caier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col liercounty.gov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAH: (239) 252-6358 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code (x A-?') 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.colllercountyfl.gov/HomeZShowDocument?id=76983. REQUIREMENTS C# OF REQUIRED RE NOT RED 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 1N1 ❑ 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 Deedis) 1 ❑ List Identifying Owner and all parties of corporation 1 ❑ Signed and sealed Boundary Survey 1 1 El 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 0 ❑ Statement of Utility Provisions 1 ® ❑ Environmental Data Requirements pursuant to LDC section 3.08.00 1 0 ❑ Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate wi project planner at time of public hearings. ❑ [1 ❑ Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 ❑ Traffic Impact Study — f &Af 6,f-e- u/oA, f�cruS�rc3 � 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 LDC with justification for h (this document is separate from Exhibit E) ❑ ❑ Check these with Craig Checklist continues on next page March 4. 2020 Page 9 of 11 Packet Pg. 744 Coder County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.co I I i erco u nty. goy 2900 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-63SS 9.A.3.d -REWWdr£onceptual Master Site Plan 24" x 36"and One 8 %" x 11" copy a❑] ❑ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD ❑ ❑ Revised PUD document with changes crossed thru & underlined 1 ❑ 0 Copy of Official Interpretation and/or Zoning Verification 1 ❑ X� *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 Exhibits A-F all needed ❑ 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: ❑ School District (Residential Components): Amy Lockheart ❑ Conservancy of SWFL: Nichole Johnson ■ Utilities Engineering: WcLFey ^7 u. S,)LT2, Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers yes Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director 0ther:5'j-0timw►47— - .eIL O(VT-1h City of Naples Utilities Other: �&6 - n. 3e ASSOCIATED FEES FOR APPLICATION 1 Pre -Application Meeting: $500.00 PUD Rezone: $10,000.00* }plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre x fir Comprehensive Planning Consistency Review: $2,250.00 ' Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,5�0 Listed or Profe ted Species Review (when an EIS is not required): �- Transportation Review Fees: MmT",draUaGY Q.eQ&ciA-e0 i3y e-lw&lL- o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 March 4, 2020 Page 10 of 11 Packet Pg. 745 Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLE5, FLORIDA 34104 wwwxolliercounty.gov (239) 252-2400 FAX: (239) 252-6358 Legal Advertising Fees: 1 CCPC: $1,125.00 BCC: $500.00 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, l 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. 9.A.3.d 0 *Additional fee for the 5" and subsequent re -submittal will be accessed at 20% of the original fee. Signature of Petitioner or Agent Printed named of signing party Date March 4, 2020 Page 11 of 11 Packet Pg. 746 9.A.3.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220004175 1, Lindsay J. Case (print name), as (title, if applicable) of (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 AuigatorReach, LLG 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 in it are true. A? L Signature Date STATE OF F"WtEW COLDT AX COUNTY OF a t0El} Et 9QS0 The foregoing instrument was acknowleged before me by means of lophysical presence or ❑online notarization this day of K)Od �, 20 22 , by (printed name of owner or qualifier) Lindsay., case Such person(s) Notary Public must check applicable box: Are personally known to me ❑ Has produced a current drivers license KASANDRA D ERBAUGH Notary Public State of Colorado . ❑ Has produced as identification. Notary la 0 20204029452 My Commission Expires 06-24-2024 Notary Signature: CPkO?-COA-00 t E 51 t 55 REV 31a/202a Packet Pg. 747 9.A.3.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220004175 1 Lindsay J. Case (print name), as Manager (title, if applicable) of Alligator Reach, LLC (company, If a licable), 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. 55. Well authorize 0,Grady Minor& Associates, P.A. and Coleman, Yovanovich & Koesler, 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 core. 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. i rZor s/z Signature 10to STATE OF -C 6 i` AO COUNTY OF eat:MREJ Paso The foregoing instrument was acknowleged before me by means of ®physical presence or ❑online notarization this day of MdnrejnNb-ei' , 20 22 , by (printed name of owner or qualifier) Lindsay J. Case as Manager of Alligator Reach, LLC Such person(s) Notary Public must check applicable box: Are personally known to me FEKAANRA D ERBAUGH tary Public ❑ Has produced a current drivers license e of Colorado DM20204029452 Has produced as identification. on Expires OS-24-2024 Notary Signature: CP\08-COA-001 t 5\155 REV 3W12O211 Packet Pg. 748 Cote er County 9.A.3.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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 Lindsay J. Case, 119 N. Wahsatch Ave., Colorado Springs, CO 80903 100 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 Alligator Reach, LLC, 119 N. Wahsatch Ave., Colorado Springs, CO 80903 Lindsay J. Case, Manager (ownership interest) 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. Created 9/28/2017 Page 1 of 3 Packet Pg. 749 Cote er County 9.A.3.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, includingthe officers, stockholders, beneficiaries, orpartners: f 9. Name and Address % of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, ortrust: Name and Address N.A. Date subject property acquired 2016 and 2017 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: Date of option: N.A. Date option terminates: N.A. , or Anticipated closing date: N.A. Created 9/28/2017 Page 2 of 3 Packet Pg. 750 9.A.3.d coil ie'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 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 c� " — 1 � October 25, 2022 N Agent/Owner Signature Date D. Wavne Arnold. AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 751 9.A.3.d Coder County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercounty.gov (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 ID Number 01058920005 and 01058920513 12425 and 12400 Union Road (Street address and City, State and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for Residential planned unit development (R PUD) zoning. We hereby designate Alligator Reach, LLc , 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 Cl- project: 1. The property will be developed and used in conformity with the approved master plan including all conditions placed c on the development and all commitments agreed to by the applicant in connection with the planned unit N development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and E stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or in Z Im 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 0 the planned unit development must be consistent with those terms and conditions. m 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, c safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel M compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned unit CL development and the County may stop ongoing construction activity until the project is brought into compliance with Q all terms, conditions and safeguards of the planned unit development. 1, owner Owner Lindsay J. Casa Printed Name rr Printed Name STATE OF fteRI D W � rAAti CO U NTY 0 F C°ett+ER- El pqs o The foregoing instrument was acknowieged before me by means of 14physical presence oroonline notarization this day of 6t)UC.mL4.r , 20 22 , by (printed name of owner or qualifier) Lindsay J. Case T Such person(s) Notary Public must check applicable box: CUAre personally known to me Has produced a current drivers license KASANDRA D ERBAUGH ❑Has produced as identification. Notary Public State of Colorado! Notary ID k 20204029452 Notary Signature: M Commission Expires 08-24-2024 March 4, 2020 Page 8 of 11 Packet Pg. 752 9.A.3.d EXHIBIT A PARCEL A: A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, o FLORIDA; THENCE RUN SOUTH 00°19'01" WEST, ALONG THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, c FOR A DISTANCE OF 2387.39 FEET; THENCE RUN NORTH 89°40'59" WEST, PERPENDICULAR TO THE EAST LINE OF o r_ THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN NORTH 00°05'55" EAST, ALONG THE EASTERLY LINE OF SAID SERVICE `4 N ROADWAY EASEMENT, FOR A DISTANCE OF 3.19 FEET; THENCE RUN NORTH 89°54'05" WEST ALONG THE N T" NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 35.00 FEET; THENCE RUN SOUTH 00-05'55" WEST, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 3.06 FEET; `o ti THENCE RUN NORTH 89°40'59" WEST FOR A DISTANCE OF 77.18 FEET; THENCE RUN SOUTH 00°19'01" WEST, PARALLEL WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 299.88 FEET; c THENCE RUN SOUTH 00°20'13" WEST, PARALLEL WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, N FOR A DISTANCE OF 350.03 FEET; THENCE RUN SOUTH 89°39'47" EAST, FOR A DISTANCE OF 79.78 FEET TO A POINT c N ON THE WESTERLY LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN SOUTH 00°05'55" WEST, ALONG THE J a WESTERLY LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 FEET; THENCE RUN NORTH r 89-39-47" WEST, FOR A DISTANCE OF 213.29 FEET, THENCE RUN NORTH 00°20'13" EAST, FOR A DISTANCE OF 303.59 c FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 390.26 FEET; THENCE RUN SOUTH 00°20'13" WEST ti N FOR A DISTANCE OF 565.00 FEET; THENCE RUN NORTH 89°39'47" WEST FOR A DISTANCE OF 124.74 FEET; THENCE RUN SOUTH 00°20'13" WEST, FOR A DISTANCE OF 394.41 FEET; THENCE RUN NORTH 89°39'47" WEST, FOR A DISTANCE OF 290.20 FEETTO A POINT ON THE EASTERLY RIGHT -OF WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN NORTH 00°30'33" EAST ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL FOR A DISTANCE OF 4124.12 FEET; THENCE RUN NORTH 45°22'18" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 224.67 FEET; THENCE RUN NORTH 89°42'31" EAST, ALONG THE PROPOSED SOUTHERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 676.00 FEET; THENCE RUN NORTH 44°42'31" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 387.97 FEET; THENCE RUN NORTH 00°30'33" EAST, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY OF SAID FAHKA UNION CANAL, FOR A DISTANCE OF 72.26 FEETTO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4; THENCE RUN NORTH 89°42'31" EAST, ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT FROM PARCEL A THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4439, PAGE 1126, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; BEGIN ATTHE NORTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°38'58"E, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 2387.39 FEET; THENCE RUN S89-21'02"W, FOR A DISTANCE OF 137.82 FEET TO A POINT ON THE EASTERLY LINE OF A SERVICE ROADWAY EASEMENT AS RECORDED IN O.R. BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N00°52'04"W, ALONG THE EASTERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 3.19 FEET; THENCE RUN S89°07'56"W, ALONG THE NORTHERLY LINE OF SAID SERVICE ROADWAY EASEMENT FOR A DISTANCE OF 35.00 FEET; THENCE RUN S00°52'04"E, ALONG THE WESTERLY LINE OF SAID SERVICE ROADWAY Packet Pg. 753 9.A.3.d EASEMENT FOR A DISTANCE OF 3.06 FEET; THENCE RUN S89°21'02"W FOR A DISTANCE OF 77.18 FEET; THENCE RUN S00°38'58"E, FOR A DISTANCE OF 69.43 FEET; THENCE RUN S89°32'34"W, FOR A DISTANCE OF 111.67 FEET; THENCE RUN N46°46'08"W, FOR A DISTANCE OF 125.85 FEET; THENCE RUN N 53°15'08"W, FOR A DISTANCE OF 424.94 FEET; THENCE RUN S89°32'34"W FOR A DISTANCE OF 242.59 FEET; THENCE RUN N46°46'08"W, FOR A DISTANCE OF 199.70 FEET TO A POINT ON THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL; THENCE RUN N00°27'26"W ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 1455.84 FEET; THENCE RUN N44°24'19"E ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 224.67 FEET; THENCE RUN N88°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 676.00 FEET; THENCE RUN N43°44'32"E, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 387.97 FEET; THENCE RUN N00°27'26"W, ALONG THE PROPOSED EASTERLY RIGHT-OF-WAY LINE OF THE FAHKA UNION CANAL FOR A DISTANCE OF 72.26 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE RUN N 88°44'32"E, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 FOR A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 N J EAST, COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00°20'13" WEST, ALONG THE EAST LINE OF THE SOUTHEAST d 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, FOR A DISTANCE OF 350.00 r FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SOUTH Q 00°20'13" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 947.37 N FEET; THENCE RUN NORTH 89°39'47" WEST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 131.28 FEET TO THE EAST LINE OF A SERVICE ROADWAY EASEMENT; THENCE RUN Z NORTH 00°05'55" EAST, ALONG THE EAST LINE OF SAID SERVICE ROADWAY EASEMENT, FOR A DISTANCE OF 947.38 c FEET; THENCE RUN SOUTH 89°39'47" EAST, PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 135.22 FEET TO THE POINT OF BEGINNING. Ti BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 00°20'13" WEST. LESS AND EXCEPT FROM PARCEL B THOSE CERTAIN LANDS CONVEYED IN OFFICIAL RECORDS BOOK 4522, PAGE 2249, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00°37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 350.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S00'37'46"E, ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, FOR A DISTANCE OF 334.23 FEET; THENCE RUN N45°37'46"W, FOR A DISTANCE OF 269.88 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 82.50 FEET THROUGH A CENTRAL ANGLE OF 45°00'00" SUBTENDED BY A CHORD OF 63.14 FEET AT A BEARING OF N23°07'46"W, FOR A DISTANCE OF 64.80 FEET TO THE END OF SAID CURVE; THENCE RUN N00°37'46"W, FOR A DISTANCE OF 85.06 FEET; THENCE RUN N89°22'14"E, FOR A DISTANCE OF 215.00 FEET TO THE POINT OF BEGINNING. BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S00°37'46"E. Packet Pg. 754 9.A.3.d AND PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST; THENCE RUN N 00°20'13" E ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4 FOR A DISTANCE OF 1389.61 FEET; THENCE N 89°39'47" W FOR A DISTANCE OF 379.57 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S 00°20'33" W FOR A DISTANCE OF 261.41 FEET; THENCE RUN N 89°39'47" W FOR A DISTANCE OF 390.26 FEET; THENCE RUN N 00°20'13" E FOR A DISTANCE OF 565.00 FEET; THENCE RUN S 89°39'47" E FOR A DISTANCE OF 390.26 FEET; THENCE RUN S 00°20'13" W FOR A DISTANCE OF 303.59 FEET TO THE POINT OF BEGINNING. ALSO INCLUDING PER TITLE COMMITMENT # 22-0141 THE LAND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER d COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: r IV 0 ti PARCEL A: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 4, TOWNSHIP 52 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 733.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE NORTH 00' 20' 13" EAST, ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 4, FOR A DISTANCE OF 655.82 FEET; THENCE RUN NORTH 89° 39' 47" WEST, FOR A DISTANCE OF 131.28 FEET TO A POINT ON THE EAST LINE OF A SERVICE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGE 1556, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 00' 05' S5" WEST, ALONG SAID SERVICE ROAD EASEMENT, FORA DISTANCE OF449.47 FEETTO THE BEGINNING OFATANGENTIALCIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG SAID SERVICE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 65.00 FEET THROUGH A CENTRAL ANGEL OF 90° 00' 00", SUBTENDED BY A CHORD OF 91.92 FEET AT A BEARING OF SOUTH 45°05' 55" WEST, FOR A DISTANCE OF 102.10 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH 89' 54' 05" WEST, ALONG SAID SERVICE ROAD EASEMENT, FOR A DISTANCE OF 95.94 FEET TO A POINT ON AN ENTRANCE ROAD EASEMENT, AS RECORDED IN OFFICIAL RECORDS BOOK 1567, PAGES 1554 THROUGH 1555, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE SAME BEING THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, THENCE RUN SOUTHWESTERLY, ALONG SAID ENTRANCE ROAD EASEMENT AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 89° 19' 54", SUBTENDED BY A CHORD OF 84.36 FEET AT A BEARING OF SOUTH 45' 25' 58" WEST, FOR A DISTANCE OF 93.55 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 00° 46' 01" WEST, ALONG SAID ENTRANCE ROAD EASEMENT, FOR A DISTANCE OF 81.13 FEET; THENCE DEPARTING SAID ENTRANCE ROAD EASEMENT, RUN SOUTH 89° 39' 47" EAST, FOR A DISTANCE OF 350.44 FEET TO THE POINT OF BEGINNING, MORE OR LESS. CONTAINING 51.5 ACRES, MORE OR LESS Packet Pg. 755 9.A.3.d colver County Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION o 0 N N *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] O 04 01058920005and 01058920513 IL *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] v oQ N S4/T52/R28 v STREET ADDRESS(ES) where applicable, if already assigned. z 12425 and 12400 Union Road a� c .Q PROJECT INFORMATION Y Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing m Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your c submittal. .Q a *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. Q M PUDZ (Planned Unit Development Rezone) CURRENT PROJECT NAME a� t Q PROPOSED PROJECT NAME r 12425 Union Road RPUD c m E PROPOSED STREET NAME(s) .r .r Q LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rco u ntyfl. qov Packet Pg. 756 Collier County Property Appraiser Property Aerial Site 112425 Site Zone Parcel No 01058920005 Address UNION RD Site City NAPLES *Note 341' *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 757 Collier County Property Appraiser Property Aerial Site 12400 Site Zone Parcel No 01058920513 Address UNION RD Site City NAPLES *Note 341' *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 758 INSTR 6312736 OR 6177 PG 68 RECORDED 9/23/2022 3:21 PM PAGES 12 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $21,000.00 REC $103.50 CONS $3,000,000.00 9.A.3.d This instrument prepared by: Anthony A Pires, Jr., Esquire Woodward, Pires & Lombardo, P.A. 3200 Tantianti Trail N., Suite 200 Naples, FL 34103 File No.: 25478 Sales Price $3,000,000;.00 Parcel No. 0105892000b IAL WARRANTY DEED This Indenture made this A,,V%19 day of September, 2022, between, Port of the Islands Contrnunih, Improvement District, a local imA o#special purpose government of the State of Florida, 3820 Colonial Blvd. #101, Fort Myers, FL 33 66,RANTOR, and Lindsav J. Case, GRANTEE, whose post office address is, 119 N. Wahsatch Avenue, Col�frado Springs, Colorado 80903 : WITNESSETH, that the Grantor, for a iO'illl consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Garzirito,r4 i,band paid by said Grantee, the receipt whereof is hereby acknowledged, has granted bargained nn >cfCd.. to the said Grantee, and. Grantee's heirs and assigns forever, the following described land, situaay. lv#tg and being in the County of Collier, State of Florida, to wit: ..:.._.'"_.. See Tax Identification #01058920005 SUBJECT to all terms and conditions set, forth in the Deo for Parcel 13 as recorded in Official Records Book 6177 Florida. i"A' SUBJECT ALSO to tares for the Year 2022 and st.tbsequem ' restrictions, reservations and easements and :zoning ordinances and assessments imposed. Restrictions and Protective Covenants , Public Records of Collier County, And said Grantor does herehv_fully warrant the title to said land and ►o�i claims of all persons whomsoever, claiming Uv, through, or under Gra Special Warranty Deed Page I of 2 Yet due and payable, covenants, •'County. Florida, as well as taxes �e same against the Imi ful �ainst none other. Packet Pg. 759 OR 6177 PG 69 9.A.3.d IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year first above written. STATE OF FLORIDA COUNTY OF COLLIER The foregoing ins rument was acknt notarizati thr,s ay of Septet) Community Intp1ovementDistrict. identification and did take an oath. U1URA a GREGG MY COMMISSION # WW 485601 Pam: EXPIRES: February 7, 2026 r; -" Bonded Thru Notary Public Uaderwrb. 'ort of they Islands Community Improvement >istrict it%r+-La'-may._. Y: Chai r1Vk-e-G;huir Special Warranty Deed Page 2 of 2 Packet Pg. 760 OR 6177 PG 70 9.A.3.d PARCEL A:. A parcel of land located% Collier County, Florida,,I EXHIBIT "A" Revised Property Description East 1/2 of Section 4, Township 52 South, Range 28 East, lore particularly described as follows: Beginning at the Northeast corner of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence r66,;S,qut4i 00119'01" West, along the East line of the Northeast 1/4 of said Section 4, for a distancof 2387.39 feet; thence run North 89040'59" West, perpendicular to the East line/of/the-Northeast 1/4 of said Section 4, for a distance of 137.82 feet to a point on the Easterly fine of a Service Roadway Easement; thence run North 00005'55" East, along the l+aterly line of said Service Roadway Easement, for a distance of 3.19 feet; thence run Nortb'89°54'05" West along the Northerly line of said Service Roadway Easement, for a distatrf�e of,'35.00 feet; thence run South 00005'55" West, along the Westerly line of said Service Roadway Easement, for a distance of 3.06 feet; thence run North 89040'59" West for a dispafce'=of 77.18 feet; thence run South 00019'01" West, parallel with the East line of the Nofthnst,,,"p,a '../4 of said Section 4, for a distance of 299.88 feet; thence run South 00020'13" W allel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.03 eti- thence run South 89039'47" East, for a distance of 79.78 feet to a point on the Westerly ftj► ''�6f. a Service Roadway Easement; thence run South 00005'55" West, along the Westerly°`Iine of said Service Roadway Easement, for a distance of 947.38 feet; thence ru(ortli9°39'47" West, for a distance of 213.29 feet; thence run North 00120'13" East, for a d`ist�anc"',of 303.59 feet; thence run North 89039'47" West, for a distance of 390.26 feet;'ti66RZerun South 00020'13" West for a distance of 565.00 feet; thence run North 89039'47" West foa distance of 124.74 feet; thence run South 00020'13" West, for a distance of 394.41 feet; thence run North 89139'47" West, for a distance of 290.20 feet to a point on thEperly right-of-way line of the Fahka Union Canal; thence run North 00030'33" East along_tt proposed Easterly right- of-way of said Fahka Union Canal for a distance of 4124.12 feet; then6p run North 45022'18" East, along the proposed Easterly right-of-way of said;,Pah Union Canal, for a distance of 224.67 feet; thence run North 89042'31" East, along the propo ed Southerly right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; the de run North 44042'31" East, along the proposed Easterly right-of-way of said Fahka Unidn Canal, for a distance of 387.97 feet; thence run North 00030'33" East, along the propot�6d"1=asterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89042'31" East, along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00019'01" West. 0 Packet Pg. 761 OR 6177 PG 71 9.A.3.d LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of lancfated in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Section``4,w'ship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner of 'Sec ' hA, Township 52 South, Range 28 East, Collier County, Florida; thence run S00°38'5 E, along the East line of the Northeast Quarter of said Section 4, for a distance of 2387.39 fee ,!hence run S89021'02"W, for a distance of 137.82 feet to a point on the Easterly line of a Service Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Public Record Slof�C tier County, Florida; thence run N00052'04"W, along the Easterly line of said Service Roadway Easement for a distance of 3.19 feet; thence run S89007'56"W, along the NortWerfy ltbe,of said Service Roadway Easement for a distance of 35.00 feet; thence run S00052'0'`E, a ong the Westerly line of said Service Roadway eesthe Easement for a distance of 3.06 f, nce run S89121'02"W for a distance of 77.18 feet; thence run S00038'58"E, for a distance TMof. 9.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; thence run N4649'08"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of 424.94 eet;'thence run S89132'34"W for a distance of 242.59 feet; thence run N46046'08"W, fora distance of 199.70 feet to a point on the proposed Easterly right-of-way line of the` Fa J.nion Canal; thence run N00027'26"W along the proposed Easterly right-of-way lin of th2.Fahka Union Canal for a distance of 1455.84 feet; thence run N44024'19"E along t proposed Easterly right-of-way line of the Fahka Union Canal for a distance of 224.67 feet;Ahef"cq run N88044'32"E, along the proposed Easterly right-of-way line of the Fahka Un�i Canal for a distance of 676.00 feet; thence run N43144'32"E, along the proposed Eastdrty�nght of -way line of the Fahka Union Canal for a distance of 387.97 feet; thence run N00O'2776"W, along the proposed Easterly right-of-way line of the Fahka Union Canal for a distad`f 7 .26 feet to a point on the North line of the Northeast Quarter of said Section 4; t4en un N 88044'32"E, along the North line of the Northeast Quarter of said Section 4 for a distance of 65.00 feet to the Point of Beginning. PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, Township--52 ,�h, Range 28 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of the Southeast 1/4 of Section 4, T`61 rnship 52 South, Range 28 East, Collier County, Florida; thence run South 00020'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00020'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; Packet Pg. 762 OR 6177 PG 72 9.A.3.d thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. o Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range a 28 East, Collier County, Florida, as being South 00020'13" West. c LESS AND EXC,F-PT�FROM PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249,.afthe Public Records of Collier County, Florida and more particularly ° described as follws Ln A parcel of land locet4edih a`,portion of Section 4, Township 52 South, Range 28 East, Collier N County, Florida, being 6-,particularly described as follows: Commence at the Northeast-cor er of the Southeast Quarter of Section 4, Township 52 LO south, Range 28 East, COFlier- nty, Florida; thence run S00037'46"E, along the East line c of the southeast Quarter of s d Section 4, for a distance of 350.00 feet to the Point of N Beginning of the parcel of land he,rn`.described; thence continue S00037'46"E, along the cm East line of the Southeast Quarter of _lid Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for a distance d€§269.88 feet to the beginning of a tangential circular a curve concave Northeasterly; thence`J�u'n l4orthwesterly along the arc of said curve to the right, having a radius of 82.50 feet th�Ough a, central angle of 45000'00" subtended by a CD chord of 63.14 feet at a bearing of N2 7 7`-V'!W, for a distance of 64.80 feet to the end of said curve; thence run N00037'46"W, for distance of 85.06 feet; thence run N89022'14"E, f for a distance of 215.00 feet to the Point of gipi- g. z Bearings shown hereon refer to the East line.. t he -Southeast Quarter of Section 4, a� Township 52 South, Range 28 East, Collier Counfyjr6rida as being S00037'46"E. c AND PARCEL C: A parcel of land located in the Southeast 1/4 of Sectioh,4,Qnship 52 South, Range 28 East, Collier County, being more particularly described as ollows: Commence at the Southeast corner of Section 4, Township 52 S"u h, Range 28 East; thence run N 00020'13" E along the East line of the Southeast 1/4 of -said Section 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 fet tc the Point of Beginning of the parcel of land herein described; thence run S 00' 2-O " W for a distance of 261.41 feet; thence run N 89039'47" W for a distance of 390.26 feet the; ce run N 00020'13" E for a distance of 565.00 feet; thence run S 89039'47" E fog- d-tance of . 390.26 feet; thence run S 00020'13" W for a distance of 303.59 feet to the Paint of Beginning. . Packet Pg. 763 OR 6177 PG 73 9.A.3.d RESOLUTION NO. 2022-13 COPY A RESOLUTION OF THE BOARD OF SUPERVISORS (THE "BOARD") OF THE PORT OF THE ISLAN O S COMMUNITY IMPROVEMENT DISTRICT (THE "DISTRICT") CONCERNING�°T F SALE OF CERTAIN LAND DESCRIBED HEREIN, DEEMED UNNECESSARY DISTRICT PUBLIC PURPOSES; DETERMINING THAT DISPOSAL OF SAD .L' ND IS IN THE BEST INTEREST OF THE PUBLIC AND THE DISTRICT; AUTH0 NG,THE CONVEYANCE OF THE LAND DESCRIBED HEREIN; AUTHORIZING CERTAIN° ,OFFICERS OF THE DISTRICT TO TAKE ALL ACTIONS REQUIRED AND TO EECUTE AND DELIVER ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES NECESSARY IN CONNECTION WITH THE CONVEYANCE OF THE LAND DESCRIBED HEREIN; At� HORIZING THE VICE CHAIRMAN AND ASSISTANT SECRETARIES TO ACT IN TIE STEAD OF THE CHAIRMAN OR THE SECRETARY, AS THE CASE MAY BE; AUTHORIZINGCFRTAIN OFFICERS OF THE DISTRICT TO TAKE ALL ACTIONS AND ENTER INTO ALGREEMENTS REQUIRED IN CONNECTION WITH THE CONVEYANCE OF THE LAND � BRIBED HEREIN; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Section 190.011(1) -Fl fief, Statutes, lists in the general powers granted to the Port of the Islands Community Impro.me istrict, the general powers to dispose of real and personal property, or any estate therein Ito make and execute contracts and other instruments necessary or convenient to the ex rc 0,0 its powers; and WHEREAS, the District has previously a U red..,and taken title to the real property described on the attached Exhibit "A" (the "F�r pet�J, by virtue of the issuance of a Tax Deed, a copy of which is attached hereto as Exbit "B"; and, WHEREAS, the Property is vacant and unimpro d. no improvements to the Property have been made by the District, the Property ispcessary for District public purposes, is not needed for present or future purposes or qeb-dof the District, and is not needed for public purposes or District purposes; and. WHEREAS, the Board of Supervisors has determined 4oa. the sale of the Property to Lindsay Case pursuant to that certain Vacant Land Contriac0and associated addendum) with an effective date of April 25, 2022, as amended'(fhe "Sales Contract", a copy of which is attached hereto as Exhibit "C" hereto) is for a valid public purposes, in the best interest of the District and the public and is for the benefit of the District. CALVIN TEAGUE, AS SECRETARY AND DISTRICT MANAGER OF THE PORT F THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT [DISTRICT] HEREBY ERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF DISTRICT ESOLUTION NO. 2022-13, WITH ITS REFERENCED EXHIBIT "A" ATTACHED. Page 1 of 4 Calvin Tea§re!Soetary and District Manager Packet Pg. 764 OR 6177 PG 74 9.A.3.d NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT, COLLIER COUNTY, FLORIDA THAT: 1. INCORPORATION OF RECITALS. All of the above representations, findings and determinations contain d above are recognized as true and accurate and are expressly incorporated into th,* eso,lution. k 2. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of Florida law, including but not limited to Chapter 190, Florida Statutes. 3. FINDINGS: The Board of Superuitors:hereby finds and determines as follows: a. the District has pr,q ioiisly acquired and taken title to the real property described on the attached Exhibit "A" (the "Property"), by virtue of the issuance of a Tax Dee4; ,a, 6bpy of which is attached hereto as Exhibit "B". b. the Property is vacani�,a,nci,-, u6i mproved. No improvements to the Property have been made by the' i tt c. since the time that the Distri ac rted ownership of the Property and continuing to the present date, the District not levied or imposed and is currently not levying, imposing or collecting d valorem special assessments on the Property. d. the Property is unnecessary for Dastnct public purposes, is not needed for present or future purposes or needs4lof the District, and is not needed for public purposes or District purposes. e. the sale and disposal of the Property 401�lindsa y +C' hereto) is for a valid And is for the benefit of ante to Lindsay bf the public and Page 2 of 4 Packet Pg. 765 OR 6177 PG 75 9.A.3.d 4. Approval of Form of Special Warranty Deed, Declaration of Restrictions and Protective Covenants For Parcel 13 and Closing Agreement [Utility ERGS]. Attached hereto as Exhibit "D" are the forms of proposed Special Warranty Deed, Declaration of Restrictions and Protective Covenants For Parcel 13 and Closing Agreement as to Utility ERCS in substantially final, form, which are hereby authorized and approved, subject to such changes, additions, deletioi 'd,insertions as shall be approved by the Chairman, which approval shall be conclusively evi��ced by the execution thereof. The Chairman is hereby authorized to execute and the Secrta is authorized to attest each such document and the Chairman is hereby authorized to"delIV6117 each such document at Closing of the sale of the Property. 5. Other Actions And Authorizations. The Chairman, the Secretary, and all other Supervisors, officers and staffoithe District are hereby authorized and directed to take all actions necessary or desirab in ..,connection with the closing of the sale, transfer and conveyance of the Property pur6oAht" to the Sales Contract, and the consummation of all transactions in connection there vvitl fnbl.uding the execution of all statements, certificates, documents, papers, notices, and agre necessary to the undertaking and fulfillment of all transactions referred to in or contempled by>he Sales Contract and this Resolution. The Vice Chairman is hereby authorized to act in tie 1 0 of the Chairman in any undertaking authorized or required of the Chairman hereunder, and in t, `'absence of the Chairman and Vice Chairman. any other member of the District's Board 6fSupetyisors is so authorized, and any Assistant Secretary is hereby authorized to act in the steel ofthe Secretary in any undertaking authorized or required of the Secretary hereunder. 6. Open Meetings. It is hereby found and°4e4rmined that all official acts of the Board of Supervisors of the District concerning and retating t the Sales Contract and the sale, transfer and conveyance of the Property, including but noited to adoption of this Resolution, were taken in open meetings of the members of the Board an II deliberations of the members of the Board that resulted in such official acts were in meeting�n to the public, in compliance with all legal requirements including, but not limited to, the regrerrents of Section 286.011. Florida Statutes. , 7. Approval of Prior Actions. All actions taken to date by th tubers of the Board Concerning the Sales Contract and Sale of the Property are hereby approved, confirmed and ratified. 8. Severability and Conflict. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect. it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or Page 3of4 Packet Pg. 766 OR 6177 PG 76 ineffectiveness of such section, paragraph, clause or provision. All Sections or parts of Sections of any resolutions, agreements or actions of the Board of Supervisors in conflict with this Resolution 2022-13 are hereby repealed to the extent of such conflict. 9. Effective Date. This Resolution shall take effect immediately upon its adoption. 10. ThisRe' W' ution is adopted on September 16, 2022, at a duly noticed public meeting of the Board u ervisors of the Port of The Islands Community Improvement District, which public meetin',was' aly held and properly noticed. 9 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT z By: :Its: Chair[Wee=&iair ATTEST: By: Its: Secretary/ftsstat� P. Page 4 of 4 I Packet Pg. 767 1 OR 6177 PG 77 9.A.3.d EXHIBIT "A" Revised Property Description PARCEL A: �P " w A parcel of land locat in the East 1/2 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, blrgmore particularly described as follows: Beginning at the Northeast corn of Section 4, Township 52 South, Range 28 East, Collier County, Florida; thence rorr Sou h 00019'01" West, along the East line of the Northeast 1/4 of said Section 4, for a distan of 2387.39 feet; thence run North 89040'59" West, perpendicular to the East line oft e.I'Ngrtheast 1/4 of said Section 4, for a distance of 137.82 feet to a paint on the Eas .erly"iiline of a Service Roadway Easement; thence run North 00005 55 East, along the EasteGly=;line of said Service Roadway Easement, for a distance of 3.19 feet; thence run No h 8 54'05" West along the Northerly line of said Service Roadway Easement, for a distance-o`I" 35.00 feet; thence run South 001105'55" West, along the Westerly line of said ServiceAbadyay Easement, for a distance of 3.06 feet; thence run North 89040'59" West for a dtance ,of 77.18 feet; thence run South 001119'01" West, parallel with the East line of the North, s�'1/4 of said Section 4, for a distance of 299.88 feet; thence run South 00020'13" West,.p'arallel with the East line of the Southeast 1/4 of said Section 4, for a distance of 350.0,Veei ;,thence run South 89039'47" East, for a distance of 79.78 feet to a point on the Westerly like ,a Service Roadway Easement; thence run South 00105'55" West, along the Wes y Jifte of said Service Roadway Easement, for a distance of 947.38 feet; thence run.,Nort, 89°39'47" West, for a distance of 213.29 feet; thence run North 00°20'13" East, for a. 9s`tance of 303.59 feet; thence run North 89039'47" West, for a distance of 390.26 feet, thence un South 001120'13" West for a distance of 565.00 feet; thence run North 89039'47" Wea distance of 124.74 feet; thence run South 00020'13" West, for a distance of 394.41 feeet" thence run North 89039'47" West, for a distance of 290.20 feet to a point on the Easterly right-of-way line of the Fahka Union Canal; thence run North 00030'33" East alongAhe_ proposed Easterly right- of-way of said Fahka Union Canal for a distance of 4124.1.2 feet thence run North 451122'18" East, along the proposed Easterly right-of-way of saidka',Union Canal, for a distance of 224.67 feet, thence run North 89042'31" East, along the, pro osed Southerly right-of-way of said Fahka Union Canal, for a distance of 676.00 feet; -t ee run North 44042'31" East, along the proposed Easterly right-of-way of said Fahka U ian Canal, for a distance of 387.97 feet; thence run North 00030'33" East, along the p°rZposed Easterly right-of-way of said Fahka Union Canal, for a distance of 72.26 feet to a point on the North line of the Northeast 1/4 of said Section 4; thence run North 89042'31" East, along the North line of the Northeast 1/4 of said Section 4, for a distance of 65.00 feet to the Point of Beginning. Bearings refer to the East line of the Northeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 001,19'01" West. Packet Pg. 768 OR 6177 PG 78 9.A.3.d LESS AND EXCEPT FROM PARCEL A those certain lands conveyed in Official Records Book 4439, Page 1126, of the Public Records of Collier County, Florida and more particularly described as follows: A parcel of laricat� £ in the East Half of Section 4, Township 52 South, Range 28 East, Collier County, Flor=being more particularly described as follows: Begin at the Northeast corner of Section 4, owrship 52 South, Range 28 East, Collier County, Florida; Begin at the Northeast corner of.Secttorf,,4, Township 52 South, Range 28 East, Collier County, Florida; thence run S00°38'58"Fr -''ng the East line of the Northeast Quarter of said Section 4, for a distance of 2387.39 fee; thence run S89121'02"W, for a distance of 137.82 feet to a point on the Easterly line of a Service Roadway Easement as recorded in O.R. Book 1567, Page 1556, of the Public Records -of Oilier County, Florida; thence run N00052'04"W, along the Easterly line of said Service Radway Easement for a distance of 3.19 feet; thence run S89007'56"W, along the Northerly)-4ne,Yof said Service Roadway Easement for a distance of 35.00 feet; thence run S00052'Q ''E, o.qg the Westerly line of said Service Roadway Easement for a distance of 3.06 feet; thence run S89021'02"W for a distance of 77.18 feet; thence run S00138'58"E, for a dista.n�66`af49.43 feet; thence run S89032'34"W, for a distance of 111.67 feet; thence run N 6°4k 08"W, for a distance of 125.85 feet; thence run N 53015'08"W, for a distance of 424.94ee't;, thence run S89132'34"W for a distance of 242.59 feet; thence run N46046'08"W, fora distance of 199.70 feet to a point on the proposed Easterly right-of-way line of the F aA-J.nion Canal; thence run N00027'26"W along the proposed Easterly right-of-way line-o'f e;.Fahka Union Canal for a distance of 11 1455.84 feet; thence run N44024'19"E along`e proposed Easterly right-of-way line of the Fahka Union Canal for a distance of 224.67 feet; tl� run N88°44'32"E, along the proposed Easterly right-of-way line of the Fahka Vpi6h' Canal for a distance of 676.00 feet; thence run N43144'32"E, along the proposed Easterl,riglit-of-way line of the Fahka Union Canal for a distance of 387.97 feet; thence run N06`9# 2 .W, along the proposed Easterly right-of-way line of the Fahka Union Canal for a distanc(f .26 feet to a point on the North line of the Northeast Quarter of said Section 4; the', run N 88044'32"E, along the North line of the Northeast Quarter of said Section 4 for a dirt c� of 65.00 feet to the Point of Beginning.: PARCEL B: A parcel of land located in the Southeast 1/4 of Section 4, Township 52x5outh, Range 28 East, Collier County, Florida, being more particularly described as follows µ Commence at the Northeast corner of the Southeast 1/4 of Section 4, �fo'wnship 52 South, Range 28 East, Collier County, Florida; thence run South 00020'13" West, along the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, for a distance of 350.00 feet to the Point of Beginning of the parcel of land herein described; thence continue South 00020'13" West along the East line of the Southeast 1/4 of said Section 4, for a distance of 947.37 feet; thence run North 89039'47" West, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 131.28 feet to the East line of a Service Roadway Easement; thence run North 00005'55" East, along the East line of said Service Roadway Easement, for a distance of 947.38 feet; Packet Pg. 769 *** OR 6177 PG 79 *** 9.A.3.d thence run South 89039'47" East, perpendicular to the East line of the Southeast 1/4 of said Section 4, for a distance of 135.22 feet to the Point of Beginning. Bearings refer to the East line of the Southeast 1/4 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, as being South 00020'13" West. LESS AND EXC.T�F M PARCEL B those certain lands conveyed in Official Records Book 4522, Page 2249��the�,Public Records of Collier County, Florida and more particularly described as follows � A parcel of land local in a Portion of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being rfxore�articularly described as follows: Commence at the Northeast crYe r of the Southeast Quarter of Section 4, Township 52 south, Range 28 East, Collier Cunty, Florida; thence run S00037'46"E, along the East line of the southeast Quarter of sd Section 4, for a distance of 350.00 feet to the Point of Beginning of the parcel of land 17ein described; thence continue S00037'46"E, along the East line of the Southeast Quarter af'aid Section 4, for a distance of 334.23 feet; thence run N45037'46"W, for a distance o`fh�fi988 feet to the beginning of a tangential circular curve concave Northeasterly; thence`ru. ,:�brthwesterly along the arc of said curve to the right, having a radius of 82.50 feet thf`o; gli a:fcentral angle of 45000'00" subtended by a chord of 63.14 feet at a bearing of 1\12 °0 , 46"-W, for a distance of 64.80 feet to the end of said curve; thence run N00037'46"W, fora dis nce of 85.06 feet; thence run N89022'14"E, for a distance of 215.00 feet to the Point of�e9iirling. Bearings shown hereon refer to the East line%d th0 Southeast Quarter of Section 4, Township 52 South, Range 28 East, Collier Cottnty;�rida as being S00037'46"E. AND.', . PARCEL C:`" `o A parcel of land located in the Southeast 1/4 of Sectioh 4 wnship 52 South, Range 28 East, Collier County, being more particularly described as follows: Commence at the Southeast corner of Section 4, Township 52 $oath, Range 28 East; thence run N 00020'13" E along the East line of the Southeast 1/4 of e i�kso tion 4 for a distance of 1389.61 feet; thence N 89039'47" W for a distance of 379.57 feet, .:the Point of Beginning of the parcel of land herein described, thence run S 0 3''° W for a distance of 261.41 feet; thence run N 89039'47" W for a distance of 390.26 feet'; th e run N 00020'13" E for a distance of 565.00 feet; thence run S 89039'47" E for a ,distance of 390.26 feet; thence run S 00020'13" W for a distance of 303.59 feet to�tla--Pvint of Beginning. Packet Pg. 770 INSTR 6319680 OR 6182 PG 3290 E-RECORDED 10/19/2022 3:10 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $3,465.00 REC $27.00 CONS $495,000.00 9.A.3.d Prepared by: Yomarie Fernandez -Jimenez, an employee of Title Specialists of the Gulf Coast, Inc., 1415 Panther Lane, Suite 121 Naples, Florida 34109 Sales Price: $495000 Doc Stamps: $3465 File Number: 22-0141 - Warranty Deed This Indenture, made Odtpber 18, 2022 A.D. Between UNION RO"D,,tLC, a Florida Limited Liability Company whose post office address is: 4620 8th Ave Ne Nhples, Florida 34120, Grantor and Lindsey J. Case, whose post office address is: 119 N *ahsatch Ave, Colorado Springs, CO 80903, Grantee, Wituesseth, that the s id Grantor, for and in consideration of the sum of Ten and No/l00 Dollars ($10.00), to it fii hand, paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained�-nd sold to the said Grantee forever, the following described land, situate, lying and being itithp County of Collier, State of Florida, to wit: A Parcel of land located in the Southe;4sf i.14 of Section 4, Township 52 South, Range 28 East, Collier County, Florida, being moi'`e�ait*ularly described as follows: Parcel A: Commence at the Southeast corner of Sec*6 Township 52 South, Range 28 East, Collier County, Florida; thence run North 00° 20' 13" Fst,",#long the East line of the Southeast 1/4 of said Section 4, for a distance of 733.79 feet 6/t e"l'o�,nt of Beginning of the Parcel of land herein described; thence continue North 00° 20' 13`� Eft, along the East line of the Southeast 1/4 of said Section 4, for a distance of 655.82 &644hencexun North 89° 39' 47" West, for a distance of 131.28 feet to a point on the East line of 4'ser:vite road easement, as recorded in Official Records Book 1567, Page 1556, of the Public Reoir& of Collier County, Florida; thence run South 00° 05' 55" West, along said service road ,ea ement, for a distance of 449.47 feet to the beginning of a tangential circular curve, concaueorthwesterly, thence run Southwesterly, along said service road easement and along =,, of said curve to the right, having a radius of 65.00 feet through a central angel of 90° ubtended by a chord of 91.92 feet at a bearing of South 45°05' 5 5 " West, for a distance-of102*1,0 feet to the end of said curve; thence run North 89° 54' 05" West, along said service road asecrl1ent, for a distance of 95.94 feet to a point on an entrance road easement, as recorded in` 6 ' al Records Book 1567, Pages 1554 through 1555, of the Public Records of Collier County, Flprida, he same being the beginning of a tangential circular curve, concave Southeasterly, thence Tuft o thwesterly, along said entrance road easement and along the are of said curve to the left, having a radius of 60.00 feet, through a central angle of 89' 19' 54", subtended by a chord of 84.36-feet at a bearing of South 45° 25' 58" West, for a distance of 93.55 feet to the end of said curve; thence run South 00° 46' 01" West, along said entrance road easement, for a distance of 81.13 feet; thence departing said entrance road easement, run South 89° 39' 47" East, for a distance of 350.44 feet to the Point of Beginning, more or less. Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Packet Pg. 771 OR 6182 PG 3291 9.A.3.d Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 01058920513 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. In Witness *hereof, the said Grantor has caused this instrument to be executed in its name by its duIiYianr/managing member the day and year first above written. C . UNION ROAD, LLC, a Florida Limited Liability Company Lnd Se a in Our Presenee: ' ��� -- -- -- n n • (1 ! ,, ',Michael Welsby, Its: managing member itn ss 2 Signatur } Wi ss #2 Print Name: State of Florida County of Collier The foregoing instrument was knowledged before me by means of online notarization, this [ day of October, 2022, by Mich member of UNION ROAD, LLC, a Florida Limited Liabili Cc company existing under the laws of the State o Florida, on bet company. He/She is sonaily wn to me ha produced �\WJ%k111J1JJtJ1ejft()k � 10' Ay 5 ?0,�6J '. Nota rinted blame _ : y #i J 060449 (Seal) ?r U�t"C STRSE�y�\°`� presence or [ ] the managing gnited liability hied liability Notary Public My Commission Expires:: Packet Pg. 772 *** OR 6182 PG 3292 *** 9.A.3.d UNION ROAD, LLC, a Florida Limited Liability Comp Signed and Se a%d d Our Presence: By: X eo, I g� ember n, #1 0 Witness #2 Signat Witness #2 Print Name: State of Florida County of Collier The foregoing instrument was acknowledged befte ;tnb,by means of [ sical presence or [ ] online notarization, this _f` day of October, 22; by„Paul Tateo, the managing member of UNION ROAD, LLC, a Florida Limited Liability tompy: A limited liability company existing under e State of Florida, on behalf o li I"im#ed liability company. He/She is personally known to me or has produced s icentification. 5�� JENNIEER7EidNEY MMY COMMISSION # HH 149760 otary EXPIRES. October 26, 2025 coadedihruNotaRPublic Warwn,ers (Seal) Notary Public T mmission Expires:: .,t 7. ', ;... Packet Pg. 773 §`,%x a� - p y ssn �E�9a #� �� a a �>���� b in �€"k �- � [ @ hW#�x x��a 3 x��' a� �� �� � � •a� �� � ae.�� a �.#e>� � � � �� a � an � �4 x f b7 �ka•�C b �� � �: 8T A gymill � � � l 9 %a @yk�b "� ��xa�e=:� �s5 �����a w 8 3a i Y y ; s� sPga Bk S 3 i 1�=sn_-?%<€ a•4Px ��?3��y ex.�:4� �fi"<��' � [q@��x> g w�x�`� qvg§3 L€eie leas 'a �k g€ §A �:. y y " -�y € {g� � ■p ■ 5 3 g y € �k�a %�sHEN �& <8 ��3>�Abk�� i� �p .� 8d�kk� ��� � � $£ .� 88�kEI31 �� '� .8 � �� �g8?�3a R�� ��xx ,,`\ (x),n.Po, g9r x 35aseere �? I � � Lane I = y� I�E 111 sl_____'��`•./ ar ssn) z'rz x3rc.cre s i Ib,,B Jcii N E � �a fs � � � I I 13 a I i1uyy;ggi 1l�y �� � � m gkd� ea I 1's Ise m jia� x�xxoxiilll R I � S I LL I I I I I I I I I I I I II I I I I I Iv:.�..xcaa x � --- __nc _ _ — _a ___ _____ _ _0. 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Q3� �q�py3s� ®a � zw G6�9a P PHE o�ad U. w QQEEaQd E# �BQ�€£s€ --rrUw'ns\(dsuoe) as rvaxn sztr� - ui \zzce nr�ans d�siaad\moans\-s k 4� m E §Yg HE a $ F m o 3 Q- a s n €¢ Z = 0 E h_ Z-Y 3 7 3 W C9Nz JSO y i o 3� a 00 g i 0 lU 0 0 I w fam x nii aol'� ii' '' �' scwr o wx+Hum uwoa � i (•u oaj u do)' � i k' w fnz� eoj l•-i T j � i ___ 6 � I I I 'I� o m nawm awu 3ausA"s°0� I F. ea & � aNI WI I V I I j eo mno oxw // oee®o+bp Ll II I II i £sa��86�8a��„®H ea �e e _ x will lim Ill' �Ag �'g rnn aiwo ee � n J� Obbg$p�q �a 13pe3BY ®a®a l, W �RITI9a to @PHE°e9 � � w 91-99 E# tin.... 9.A.3.d Collier Environmental Consultants Inc. Telephone (239) 263-2687 marcoe4prodigy.net 3211 681^ Street SW Naples, Florida 34105 October 21, 2022 Mike Del ate Grady Minor and Associates 3800 Via Del Rey Bonita Springs, Florida 34109 RE: Port of the Islands To Whom It May Concern, 0 ti Collier Environmental Consultants Inc examined a parcel located in Section 04, Township 52, Range 28 in Collier County. The subject parcel consists of approximately 60 acres. z This parcel was previously cleared, and some remnant evidence of development still exists. The area has footprints of previous building, roadways and fire hydrants. The cleared areas consist of open pasture like areas. The area is vegetated with Bahia grass, broom sedge, and Mexican clover. The site contains no native habitat. We traversed the entire area looking for gopher tortoises and/or any potential listed species. Any wildlife utilization is limited to the area along the Faka Union canal or the neighboring vegetated area Fakahatchee Strand Preserve Park. In summary, no listed species (animal) vertebrate species were identified on site_ Any development of this parcel will require the standard Collier County permits and an Envirommnetal Resource Permit from South Florida Water Management District. That said, no environmental issues should be anticipated. Some standard environmental information may still be required. Should you have any question please feel free to call anytime. tr Packet Pg. 777 9.A.3.d FLUCCS CODES 133 Multiple (Condo) Units 211 Improved Pasture 833 Water Treatment Facility 1894 Shooting Range Packet Pg. 778 inMoe8;ueoilddd - g;u9wLjoe44V :;uewLjoe;;d o 0 r` f di IL a 1 3 i 1 �L i i "C ? ' lJ'ri i on L- r a != 9.A.3.d C a 0 c 0 N 14 N ti O O O N N O N J a 0 ti N Z C :a 7 v C 7 tt cv m r c tv Q Q M C N E t t� r r Q C CD E t V Q Packet Pg. 781 9.A.3.d C a 0 0 c 0 N 14 N r ti O O O N N O N J a r 0 ti N Z C :a 7 v C 7 tt m Co r c m Q Q M C N E t t� m r r Q C E t V m ++ Q Packet Pg. 782 =RIC H H H H H H H H H H H . H H COLLIER COUNTY SOIL LEGEND REVISED 1190 H. YAMATAKI 2 3 4 6 7 8 10 11 14 15 16 17 18 20 21 22 23 25 27 28 29 31 32 33 34 35 36 37 38 itm H 40 41 42 H 43 H 48 H 49 H. so .. H 51 H 52 - H 53 H 54 H 56 HOLOPAW FS, LIMESTONE SUBSTRATUM MALABAR FS. CHOBEE, LIMESTONE SUBSTRATUM AND DANIA MUCKS DEPRESSIONAL RIVIERA, LIMESTONE SUBSTRATUM-COPELAND FS IMMOKALEE FS MYAKKA FS OLDSMAR FS, LIMESTONE SUBSTRATUM HALLANDALE FS PINEDA FS, LIMESTONE SUBSTRATUM POMELLO FS OLDSMAR FS BASINGER FS RIVIERA FS, LIMESTONE SUBSTRATUM FT. DRUM AND MALABAR HIGH-FS BOCA FS CHOBEE, WINDER AND GATOR SOILS, DEPRESSIONAL HOLOPAW AND OKEELANTA SOILS DEPRESSIONAL BOCA, RIVIERA, LIMESTONE SUBSTRATUM AND COPELAND FS DEPRESSIONAL HOLOPAW FS PINEDA AND RIVIERA FS WABASSO FS HILOLO LIMESTONE SUBSTRATUM, JUPITER AND MARGATE SOILS URBAN LAND URBAN LAND HOLOPAW BASINGER COMPLEX URBAN LAND IMMOKALEE OLDSMAR LIMESTONE SUBSTRATUM COMPLEX URBAN LAND AQUENTS COMPLEX ORGANIC SUBSTRATUM UDORTHENTS SHAPED TUSCAWILLA FS URBAN LAND MATLACHA LIMESTONE SUBSTRATUM! BOCA COMPLEX SATELLITE FS DURBIN AND WULFERT MUCKS URBAN LAND SATE14LITE COMPLEX CANAVER.AL BEACHES ASSOCIATION WINDER, RIVIERA-; L'TMESTONE SUBSTRATUM'AND, CHOBEE SOILS DEPRESSIONAL PAOLA FS (1-8 percent slopes) PENNSUCCO SOIL (marl prairie) HALLANDALE AND BOCA FS (slough) OCHOPEE FSL, PRAIRIE (marl) OCHOPEE FSL KESSON MUCK FREQUENTLY FLOODED ESTERO AND PECKISH SOILS FREQUENTLY -FLOODED JUPITER BOCA COMPLEX BASINGER FS, OCCASIONMLLY-FLOODED Packet Pg. 783 Packet Pg. 784 9.A.3.d TABLE OF CONTENTS Summation and Conclusions 2 Methodology 3 Scope of Project 3 Table A - Proposed Land Uses 3 Figure 1 - Project Location & E+C Road Classification 3.1 Master Concept Plan 3.2 New Project Generated Traffic 4 Table B - Vested and Net New Generated Trips 4 Table 1—Trip Generation Computations 4.1 Existing + Committed Road Network 5 Project Traffic Distribution 5 Area of Significant Impact 5 Figure 2 - Project Traffic Distribution 5.1 Table 2 - Area of Impact/Road Classification 5.2 2022 thru 2028 Project Build -out Traffic Conditions 6 Table 3 - 2022 & 2028 Link Volumes 6.1 Table 4 - 2028 Link Volumes/Capacity Analysis 6.2 Appendix 7 0 a m 0 W r 0 E_ D L0 N N 1f1 r 0 0 0 0 N N O N J a a 0 r N Z 2 Q z Y V R m Q CL a M C E R a r E R a Packet Pg. 785 9.A.3.d Summation and Conclusions 12425 Union Road RPUD is a proposed residential development that will be located at the northern terminus of Union Road within the southeast area of Collier County, Florida. The RPUD proposes to construct 109 single-family dwelling units and have access to U.S. 41 via the existing full intersection of Union Road and U.S. 41. It was determined that all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed 108 dwelling units, except for U.S. 41 (southeast of Greenway Road). For that two-lane segment of U.S. 41, the AUIR report uses traffic counts and growth rates that were obtained/established along the four -lane and six -lane segments of U.S. 41 (i.e., northwest of Greenway Road). The four -lane and six -lane segments of U.S. 41 are subject to substantially greater traffic demands than the two-lane link to the southeast of Greenway Road. Based upon the AUIR's use of incorrect traffic data for this specific link of U.S. 41, the forecasted traffic demand will exceed the road's adopted level of service standard (LOS D) by the year 2028. As a rebuttal to the AUIR report's results, an alternative and more accurate evaluation of this link's capacity was performed based upon traffic counts collected on U.S. 41 (southeast of Greenway Road) as discussed in the following paragraph. Link -Specific Concurrency results based upon Traffic Counts provided by this Study On March 18, 2 02 1, traffic counts were collected for U.S. 41 (southeast of Greenway Road), which revealed that the PM peak hour peak direction demand was 570 vph and the peak direction was westbound. As determined, that segment of U.S. 41 will operate at LOS C and have a v/c ratio = 0.72 by the year 2028 and at project build -out. Because the proposed RPUD will not cause any transportation capacity -related deficiencies to occur, the Developer will not be required to fund any off site roadway improvements/mitigation, other than the payment of road impact fees, which will be used to fund a portion of the costs of area -wide improvements as established by Collier County's CIE and Long -Range Transportation Plan (LRTP). More specifically, the Developer will be required to pay for the project's 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 in order 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 project's pro rata share of funding transportation improvements that are deemed necessary to support the demands generated by new growth. 2 Packet Pg. 786 9.A.3.d Methodology On September 13, 2022, 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 TIS methodology has been provided in the appendix (refer to pages M1 thru M11). Subsequently, staff requested that the TIS be based upon the newly published 2022 AUIR, which has been incorporated into this study. Scope of Project 12425 Union Road RPUD is a proposed residential development that will be located at the northern terminus of Union Road within the southeast area of Collier County, Florida. The RPUD proposes to construct 109 single-family dwelling units and have access to U.S. 41 via the existing full intersection of Union Road and U.S. 41. Table A Proposed Land Uses Land Use Number of Units Single -Family 109 d.u.'s 3 Packet Pg. 787 9.A.3.d f— Ed Q' r O z z v }` C 1 County Road 951 oF• V N oy Union Road LEGEND INTERSTATE HIGHWAY 6-LANE ARTERIAL �� w 4-LANE ARTERIAL/COLLECTOR — — — — — 2-LANE ARTERIAL/COLLECTOR 2-LANE COLLECTOR/LOCAL RAIL ROAD 12425 Union Road RP U D Project Location & Roadway Classification September 13, 2022 rj FIGURE 1 3.I Packet Pg. 788 9.A.3.d ZONED: CON (ACSCIST) USE: GUN CLUB *2 R os\L I° I I I *1 PUD BOUNDARY Z �R� co n Im -m ZONED: A (ACSCIST) USE: CONSERVATION I m os L I _ RIT� I *2 *1 I r� ZONED: RT *2 I USE: VACANT (NOT PART OF THIS PUD) *2�POTENTIAL ACCESS ZONED: NORTH PORT BAY USE: RESIDENTIAL i FrFnln• OS / L OPEN SPACE / LAKES R RESIDENTIAL TRACT !® DEVIATION LANDSCAPE BUFFERS: *1 - NO BUFFER REQUIRED *2 -15' WIDE TYPE'B' ZONED: P USE: UTILITY SITE ZONED: CON (ACSCIST) USE: CONSERVATION ZONED: NORTH PORT BAY USE: CONSERVATION TO TAMIAMI TRAIL EAST N d 2W 400• SCALE: 1" = 400' WHEN pt_oTTFD a as x 1 t• 12425 UNION ROAD RPUD O. Grady Moinr:md Ae VJIU6. P.A. zaa m c; Gra dyM in or :11TO lu nod Idly iGm Ila 5'.,kp nurpin 34 134 y M Givl] F.nglnecrs Land Surveyors Plaaincr3 r...eolnum. ca 000sesf rr�or,wm. r.nooasml Landscape Archlu cls n„m�„u; zewdozan EXHIBIT C MASTER PLAN _� "n '" ww ev¢-•:v lzlta Sprat: 239947. 11.14 u.f;—dytrinnr. rnm Forth re: 239.690.4380 SIMM I OF 2 3.,z Packet Pg. 789 9.A.3.d Project Generated Traffic Traffic that can be expected to be generated by the project was estimated based upon the guidelines established by the Institute of Transportation Engineers, Trip Generation Manual, 11 h Edition. That is, historical traffic data collected at similar land uses was relied upon in estimating the project's traffic. It was concluded that land use code Single - Family (LUC 210) was most appropriate in estimating the new trips. Table B Net New Generated Trips Daily AM Peak Hour PM Peak Hour ADT v h h Net New Trips 1,092 81 108 (Results ft-om Table 1) (Trips Cap) The report concludes that the project will generate more than 100 new trip ends during the weekday highest peak hour. As such, the report investigates the traffic impacts associated with the project based upon the criteria set forth by the Collier County Government's Traffic Impact Statement Guidelines for developments generating "more than 100 trips", which is defined as a major study. 4 Packet Pg. 790 9.A.3.d TABLE 1 TRIP GENERATION COMPUTATIONS 12425 Union Road RPUD Land Use Code Land Use Description 210 Single-family Detached Housing Land Use Code Trip Period LUC 210 Daily Traffic (AUT) _ AM Peak Hour (vph) _ PM Peak Hour (vph) = Build Schedule 109 Units Trip Generation Equation (Based upon S.F.) Ln(T) = 0.92Ln(X)+2.68 = Ln(T) = 0.91Ln(X)+0.12 = 26% Enter/ 74% Exit = Ln(T) = 0.94Ln(X)+0.27 = 63% Enter/ 37% Exit = Total Trips Trips EnterLExit 1,092 ADT 81 vph 21 / 60 vph 108 vph 68 / 40 vph 4.1 Packet Pg. 791 9.A.3.d Existing + Committed Road Network Figure 1 and Table 2 provide a detail of the surrounding E + C road network. Table 2 depicts the minimum level of service performance standards and capacity for the roads within the project's area of influence. E. Tamiami Trail varies from a two-lane to a six -lane divided arterial as described on Table 2. The road is under the jurisdiction of the Florida Department of Transportation (FDQT) and functions as a primary north/south and east/west corridor that extends thru the limits of Collier County. Within proximity to the project site, Tamiami Trail East has a posted speed limit of 45 MPH. Union Road is a two-lane road. Project Generated Traffic Distribution The project"s net new traffic was distributed to the surrounding road network based upon logical means of ingress/egress, current and future traffic patterns in the area. Figure 2 and Table 2 provide a detail of the traffic distributions based on a percentage basis. Table 2 also depicts the project traffic by volume_ Area of Significant Impact The area of significant impact was determined based upon Collier County's 2%, 2% and 3% criteria (i.e., if the project's traffic is 2% or more of a roadway's adopted level of service capacity, then the project has a significant impact upon that link). Table 2 describes the project traffic distributions and the level of impact on the surrounding roadways. Roads that were identified as being within the project's area of impact are shown in Table 2. 5 Packet Pg. 792 9.A.3.d = vi o � r h q _ 5% _ Union Rood 1110 rn LEGEND 00% Project Traffic Distribution s dl° ��o 0 F� o m fQ Q (OOfa, b 225% I -�- County Road 951 LaIrcolsland } 12425 Union Road RP U D Project -Generated FIGURE 2 Traffic Distribution September 13, 2022 S a v 0 0 w c 0 E_ D uO N 7 N 1n r v 0 NN N 0 N J a 5.1 Packet Pg. 793 4 $�O o0O?\/2 Zzz z0. 6 ffz � § m G » w « n a# 2 U.)ro 6 @o¥m 6 d &# e a ARM mnma&q& � 5 6 z a««*«« u 0 R \2##nm ?qo q N N n 0 z \ I q LU W w uw u« M � Q a. $%r 2 a 0 a > LL u u � - © ° a + + + * * < 7$n9 © * a e@0000/ a�oo»o � � N W er_ LLJ kk§�o o 0000Qoo 0000»oo k�a>q > RR%%000 jow ww0000c � � $ 2f2 ccOO==2 \/� Jam© oco�NNN 2 .R 2$ / _ 2 7 8 _ Ix a a 0 5 $ $ 5= a c] \ v z ) » a); _ .0 d f A A 2 � $ z - 2 t § \ R ƒil u Ld k k\\§ k k n �.� 9.A.3.d 2022 thru 2028 Project Build -out Traffic Conditions In order to establish 2022 thru 2028 project build -out traffic conditions, two forecasting methods were used. The first traffic forecasting method was the County's traffic count data was adjusted for peak season conditions, peak hour conditions, peak direction, and an annual growth rate was then applied. The peak season/peak hour/peak direction and annual growth rates were derived from the 2022 Collier County AUIR Report. Using the annual growth rate, the 2028 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 2022 AUIR report to the adjusted peak season, peak hour and peak direction traffic counts. The vested trips plus 2028 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 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity. As shown, all project impacted roadways will continue to operate at the County's adopted minimum level of service thresholds at project build -out. The greater of the two values produced by the two forecasting procedures was then considered to reflect the 2028 background traffic. The net new project generated traffic was then added to the background traffic. Table 4 provides a summary of the 2022 thru 2028 traffic conditions and the roadways' level of service and remaining available capacity. As determined, all roadways, within the project's area of influence, currently have a surplus of capacity and can accommodate the traffic associated with the proposed 750 dwelling units, except for U.S. 41 (southeast of Greenway Road). For that two-lane segment of U.S. 41, the AUIR report uses traffic counts and growth rates that were obtained/established along the four -lane and six -lane segments of U.S. 41 (i.e., northwest of Greenway Road). The four -lane and six -lane segments of U.S. 41 are subject to substantially greater traffic demands than the two-lane link to the east of Greenway Road. Based upon the AUIR's use of incorrect traffic data for this specific link of U.S. 41, the forecasted traffic demand will exceed the road's adopted level of service standard (LOS D) by the year 2025. As a rebuttal to the AUIR report's results, an alternative and more accurate evaluation of this link's capacity was performed based upon traffic counts collected on U.S. 41 (southeast of Greenway Road) as discussed in the following paragraph. Link -Specific Concurrency results based upon Traffic Counts provided by this Study On March 18, 2021, traffic counts were collected for U.S. 41 (southeast of Greenway Road), which revealed that the PM peak hour peak direction demand was 570 vph and the peak direction was westbound. As determined, that segment of U.S. 41 will operate at LOS C and have a v/c ratio = 0.72 by the year 2028 and at project build -out. 6 Packet Pg. 795 W 2 D —j O Y z J M a W 0 Ja a0 F-W co N O N ca N N O N (anda peon uoiun 9ZtiZ6 - 5L64000ZZOZld : LbOLZ) WIN 6ulpnl3ul dnM3e8;ue3llddy- £;uawyoe;;y quawyoe;;y m � V1 0 c F^ N= aaoi ' t�O N N ° a m D 0. a N N O N L Q U) N a) w cao H R r N CO (9 Cfl co CDcho 7 b a m � c a O Y L W r N N IN C*Nl M N a Y Cc i { o � m C7 � s a G1 L O: o 0 0 0 0 o 0 0 0 0 a¢ v v v v v ja �I w w w w w 2 mtr-12222- N Q > O P 4 N N _0 o L o CD -J v R N N L9 0 cn 0 ' J U D rn n c c u°7i a c o m U -5 C7 cn Z) w N i•7 R .I] ccy u1 u7 m f 6) M M CA M � N O C co a rL 4 OD R r m ~ m ] 'b O o � � Y R ] a Y o [ m � s a 2 ¢I v Y a of L� U N � � LO 1C Mo L C O O i G O rrn O m In N m (1) 0 UN n ❑ il _ ❑m a m a x co iL Y a a Y 3 3 0 0 � p 0 u m a c0 o y • S U (6 C~O N M 1'M7 co N O o Y y • m 2 _ O N Y m❑ U O P r P P O N - Y (p (2 U . P m a � � m a a a o L o = o o n o o. o > x Y Y L O P 0 CD 5 x Y L d Q LL ] c� [V x N a a W s U} ao 0 7 L n o0 0 * CO � 1 7 � p [o Va aC14 G r � o 22 Y Y= N '� a ; N ?2 S 'o a> in Q x CO a ' c a w c Q o ❑� a o ❑I z z � z Q L L O X N Itav N N M F) O X Q a c a � * V o z IL z Q Pf a° Al w w ua ur a s AI w a Ua o a a s a a s D o c o c J co p p pp u p O O J m U w U U C OI J (> W > N N U N p u —� gym ° am QZ m oI w w w w w m a a� I— J x _ C _ Q 3 p 0 � CDM T L co N{ w M rn M* 2 L t co Y N SO Y n © a a a a m a m O pl m U 0 U U O� V LL . W G cn1 T� a N N O r O N o s a o o CD N �° ; N c a n lii cm0 (1) N v 0' a Y a a 1 a = a _0 O U Cc C 0 U N x U O J d [tl W N # co [L CL * i� Npcu co Q O Cil O O O P a : L O CCUJ 0 N U-)_ co 3 N °' a C� C N a p ci N - G 04 v�c�cn� c*4 c� a Q m VJ E N F # F- u i [Li N 16 9 ' M tli O] 8) O O x /` s� /� / 6) 9.A.3.d APPENDIX Support Documents Traffic Counts 0 a v R 0 w Packet Pg. 798 9.A.3.d JMB TRANSPORTATION ENGINEERING, INC. TRAFFIC/TRANSPORTATION ENGINEERING & PLANNING SERVICES TRAFFIC IMPACT STATEMENT METHODOLOGY 12425 Union Road RPUD (Collier County, Florida) September 13, 2022 County TIS Review Fees TIS Methodology Review Fee = $500.00 TIS (Major Study) Review Fee = $1,500.00 Prepared by: JMB TRANSPORTATION ENGINEERING, INC. 4711 7TH AVENUE SW NAPLES, FLORIDA 341 19 CERTIFICATE OF AUTHORIZATION No. 27830 {JMB PROJECT No. 22081 5) JAM ES BANKS. P.E. DATE FLORID REG. No. 43B60 Packet Pg. 799 9.A.3.d APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:9-13-2022 Time: Location: Collier County Government Offices (North Horseshoe Drive) People Attendine: 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 Reviewer(s). Reviewer's Name & Title: Michael Sawyer Collier County Transportation Division Applicant: Applicant's Name: Address: Telephone Number: Proposed Development: Name: 12425 Union Road RPUD Location: 12425 Union Road Land Use Type: Single -Family ITE Code #: LUC 210 Proposed number of development units: 109 dwelling units Other: Description: Zoning: Existing: Comprehensive plan recommendation: Requested: Findings of the Preliminary Study: See the attached GiUsorsymbswlUesktaplGOLtfER42208f5unron maoWeldodologyRepoldoc M 2. 1 Packet Pg. 800 9.A.3.d Study Tyne: Major Study Study Area: Boundaries: Based upon the County's 2%, 2% &_ 3% impact rule. See attached Additional intersections to be analyzed: None Horizon Year(s): 2028 Analysis Time Period(s): PM Peals Future Off -Site Developments: None Source of Trip Generation Rates: ITE Trip Generation Manual, I Ith Edition (Table 1) Reductions in Trip Generation Rates: Pass -by trips: See Table 1 Internal trips (PUD): Transmit use: Other: Horizon Year Roadway Network Improvements: 2026 per Collier County s 5-,year CIE. Methodology & Assumptions: Non -site traffic estimates: See Attached Site -trip generation: See Table 1 Trip distribution method: Based won manual assignment (See Table 2 & Figure 2) Traffic assignment method: Traffic growth rate: Per Collier County Historical & Current AUIR Reports, but not less than 2% or background or vested trips method. whichever is greater. CaUsers]fnibsML39skfoplCOLLIEM220818union mdWelhMolegyRepoldoc MI I Packet Pg. 801 9.A.3.d 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 he agreed to during the Methodology meeting and must he paid to Transportation prior to our sign -off on the application. Reviewers Applicant C.1User&VnibsvODesktoplCOILIER4220815 unrun rwdVae1hodo1u9yRepod.duc AL 4 1 Packet Pg. 802 9.A.3.d o o` V o� o 1 o a0 r � c County Road 951 12425 Union Road RPUD September 13, 2022 Union Road LEGEND INTERSTATE HIGHWAY +� 6-LANE ARTERIAL 4-LANE ARTERAL/COuLECTOR — — — — — 2-LANE ARTERIAL/COLLECTOR 2--LANE COLLECTOR/LOCAL RAIL ROAD �• Project Location & FIGURE 'I Roadway Classification M 5 Packet Pg. 803 9.A.3.d TABLE 1 TRIP GENERATION COMPUTATIONS 12425 Union Road RPUD Land Use Code Land Use Description 210 Single -Family Detached Housing Land Use Code Trip Period LUC 210 Daily Traffic (ADT) = AM Peak Hour (vph) _ PM Peak Hour (vph) Build Schedule 109 Units Trip Generation Equation (Based upon S.F.) Ln(T) = 0.92Ln(X)+2.68 = Ln(T) = 0.91Ln(X)+0.12 = 26% Enter/ 74% Exit = Ln(T) = 0.94Ln(X)+0.27 = 63% Enter/ 37% Exit = Total Trips Trips Enter/Exit 1,092 ADT 81 Kph 21 / 60 vph 108 vph 68 / 40 vph M(0 1 Packet Pg. 804 9.A.3.d 2 OZ Z 5% - Union Road 0 a3 LEGEND 0�� Project Traffic Distribution of o �oF � a •L / / d {} O 25% 1 —}� County Road 951 "arco Island 12425 Union Road RP U D Project -Generated FIGURE 2 Traffic Distribution September 13, 2022 Li _1 Packet Pg. 805 c O O O O w w 0 �ca z w zzz}�� z P- i4 y 0 0 0 0 0 0 �o co I— r— N rf M N � LO Lo LO M d dt T M a a a a T C14 -;r co CD a� o o O O o O o O E C M N Cf) m m N N NIL Ix oolz ������w a Z U � � = Y o d a O C» �T co co N CL 7 CLr T C V N N CO 0 z °; = a o <n wwwwww CL ° a f-- L) a N = ❑ .CL 0 Y ♦I "'� I-- T ti j`r+rF .COO T T T V V V CO G a CL > 0 N I`4 yl d o 0 0 0 0 0 0 a r. 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O N m 7 C * a OI ' OD r Ir a ti C6 aC. a A LLO'7 �a'l 00 O'J O Q w C6 N N G N L [�C7 '6 N �.,� 7 �y F , l� O *fz� T r- _Y 4 W C :3 0 O (�6 0 N 0@ m (, V n L 2 2 O ff* � 3 O a, - + U) C o O 0) Q1 O O 0 Q i w U 0 i i+ u� s � f0 T N T o- flf NO) G M = x m ._ N R O R. c � -5 ll o 0 }014 N x N x m m N a Co al p 1- L.L W " l.L., w S D k r N Y k r? m n Cl? rnrnrnrnrn AA m 7 C 7 O M Go N ' m 'p J a c a c ° o o' 0o o O a = u r- V O W. co O O M. v N N .� Y m II U O O r 0 0 m Q Y } o > a 1 p o o,- 0 0 0 o ry r• o o 0 0 0 a a} N co 7 0 a O Cfl r4 N C7 �� CO0 I C x C i N (n in a a o Cf w Z z Q � dz Y a v v co m N O Q } C N N N co _ U z Q 0- a s of w w w w U y " ❑ LLJa T T Wv T (D M a a > 3 0 d' J O co_ Na o Y - ° orn �' aI pl m U w U u W > n 0 J J Y a a oa m z a al w w w w w � o c Qco 2 O Y C71 'cY T N N 57 N m ❑ Y , r a a a m to 0 o� m U U U U 00 C N o N= oO t v 0 0 0 0 0 (V cli co a a0 00 CD N N a a c cu 3 0 Co 0 ca J C N f9 N Li. CCD C7 ' N O O N fn O Q n o (L)oo r J [9 2 O r N O1 c 3 m ca c � 'C N ci�cacnm: LM CL � m L a r N M c6 9 ' 4r) Lf) Sr) (4 0 m 0) 67 0) 0) 4 C 3 3 O 00 N ❑' O ++ _ `7 rJa CD 00 CDa u o U N '� m O J a m a � a Y u c o o a co O o' C) �6 _lz L_ N 3 ❑ V O ca a Y > a 6 7 2 a p Z d Y 0 r IL a N co N O O a N 7 m N a a } ❑ a O z Y d= L L ❑ cm N a C 0 z a a w V Qf L _ L ❑ � o o U o Y of m d Y a m V m � c o .o c = a o N 'C n } a a m m e n ti E •E ui (7 LO 0 TRAFFIC COUNT 9.A.3.d Link: Date of Count: AM Period 7:00 - 7:15 7:15 - 7:30 7:30 - 7:45 7:45 - 8:00 8:00 -8:15 8:15 -8:30 8:30 - 8:45 8:45 - 9:00 PM Period 4:00 - 4:15 4:15 - 4:30 4:30 - 4:45 4:45 - 5:00 5:00 - 5:15 5:15 -5:30 5:30 - 5:45 5:45 - 6:00 U.S. 41 (E. of Greenway) 3/18/2021 Tuesday Eastbound L T R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Eastbound L T R 0 82 0 0 77 0 0 89 0 0 90 0 0 94 0 0 95 0 0 102 0 0 84 0 Westbound 1 L T R I 0 0 0 1 0 0 0 0 0 0 J 0 0 0 1 0 0 0 1 0 0 0 I 0 0 0 1 0 0 0 1 Westbound L T R 0 125 0 0 122 0 0 145 0 0 162 0 0 139 0 0 126 0 0 143 0 0 128 0 Northbound L T R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Northbound L T R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Southbound L T R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Southbound L T R 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PEAK HOUR TURNING MOVEMENT VOLUMES I Eastbound J Westbound I Northbound J Southbound L T R I L T R I L T R J L T R AM Period 1 I I I 7:15-8:15 I 0 0 0 I 0 0 0 1 0 0 0 I 0 0 0 I I I PM Period I I I I 4:45 - 5:45 1 0 381 0 1 0 570 0 1 0 0 0 I 0 0 0 Total All Aps3rch's 0 0 0 0 0 0 0 0 207 199 234 252 233 221 245 212 I I I I 0 I I 1 951 Packet Pg. 809 9.A.3.d .�,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 OConcurrency Determination 0 Concurrency Determination Amendment For descriptions of the types of review please see page 3, Project Name: 12425 Union Road RPUD Project Information: Municipality: Collier county Parcel ID#: (attach separate sheet for multiple parcels): 01058920005 and 01058920513 Location/Address of subject property: 12400 and 12425 Union Road, Naples, FL 34114 Closest Major Intersection: Union Road and Tamiami Trail E. II. Ownership/Agent Information: Owner/Contract Purchaser Name(s): Port of the Islands CID / Lindsay J. case Agent/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 September 15, 2022 Date Project Data (Unit Types defined on page 2 of application) Current Land Use Designation: Urban Residential Subdistrict Proposed Land Use Designation: N.A. Current Zoning: RT Proposed Zoning: Residential Planned Unit Development Project Acreage: Unit Type: SF IMF MH C G Total Units Currently Allowed by Type: Total Units Proposed by Type: 109 Is this a phased project: Yes or No If yes, please complete page 2 of this application. Date/time stamp: 0 IL 0 c 0 .E N v N r u� ti 0 0 O N N O N J IL v 0 1-1 Packet Pg. 810 peon uoiun gZVZI, - SLI,b000ZZOZld : 4bOLZ) WIN 6uipnloui dnjoe8;ueoilddV - g juowLI3ejjv :juGwLIoejjd N N U f6 t Q N O 4— U U O L C O C cu U Q Q Q N i Q E 0 O N a� a� U) L O U 0 i W a W 0 N O N O N � N M i/•� V') N O N s. H � w w x uC c* w 6 a Y V m a 9.A.3.d 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. Packet Pg. 812 Collier County Property Appraiser Property Aerial Site 112425 Site Zone Parcel No 01058920005 Address UNION RD Site City NAPLES *Note 341' *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 813 Collier County Property Appraiser Property Aerial Site 12400 Site Zone Parcel No 01058920513 Address UNION RD Site City NAPLES *Note 341' *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 814 9.A.3.d 12425 Union Road RPUD (PL20220004175) Deviation Justification 1. Deviation #1 requests 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. Justification: The number of lanes and required lane width can be accommodated within the proposed 50-foot access easements or rights of way and the reduction in the minimum required width will provide for a more efficient and compact development project. The proposed utilities and other supporting infrastructure will have adequate separations within the 50-ft width. September 23, 2022 W GradyMinor Page 1 of 1 Deviation Justification. docx 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.con Packet Pg. 815 9.A.3.d AFFIDAVIT OF COMPLIANCE Petitions: PL20220004176 — 12425 Union Road RPUD Rezone 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 purposes of this requirement the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any otherpersons or entities who have made aformal request ofthe 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 ti N hereby made a part of this Affidavit of Compliancer'' g z C r + + !Lz 7 Sharon•Umpenhour as Senior Planning Technician c for Q. Grady Minor & Associates, P.A. 3 State of Florida 0° County of Lee The foregoing Affidavit of compliance was acknowledged before me this February 17, 2023 by Sharon Umpenhour as Senior Planning Technician, who is personally known to me. of Public ( ��"• CARINJ.DWYER (Signature r}' ) MY coIUIS$ION GG 982367 :;,fi ti:. EXPIRES: May 14, 2024 Caren J. Dwver '• +.`,.•• Bonded ThnpNnrn�,aunr� .a .a_� Printed Name of Notary Packet Pg. 816 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004175 — 12425 Union Road RPUD Rezone In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, with Q. Grady Minor and Associates, P.A. (GradyMinor) and Francesca Passidomo with Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC (Applicant) will be held March 7, 2023, 5:30 pm at the Port of the Islands Resort, Conference Room, 25000 Tamiami Trail East, Naples, FL 34114. Alligator Reach, LLC has submitted a formal application to Collier County, seeking approval of a rezone from RT, Residential Tourist Zoning District and CON, Open Space District, to Residential Planned Unit Development (RPUD) Zoning District to allow up to 109 single-family residential dwelling units. The subject property is comprised of 51.5+/- acres and is located at 12425 and 12400 Union Road in Section 4, Township 52 South, Range 28 East in Collier County, Florida. ■ 6 we ❑ ■ ■ 3 s ■ ■ ■ ■ SUBJECT PROPERTY ■ ■ GRADYMINOR.COM/PLANNING 347 .��� 3 �a Project Location Map If you have questions, contact Sharon Umpenhour with Q. Grady Minor & Associates, P.A. (GradyMinor) by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. 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DO z 3 rcrc rco,w o UUU oo 5 ii O d3 un owK _ " HUN o o.88z � �� ° 'Rw" Y , i zo- --- o z s ° R�� K psiw�#o.8 a °g ° zF lz u° rc "' '0 3> s oorc 'a �Ersa �o $$=mrc -- w88dyoo1w «o owp o"���2u>o 55= °3° °u aaX � aa-�oawao °s ahy�w°c=°�u323:z sus s » » » » » > sww u ° a-w w w �z ware �wrcF 8�o?Eo�000000000 « m « °mmN° „w°� a�a�o�aw$z �w3w » » » o�0000S000000000 €om�or �_ mm'���M„„��a`s_'s_���<�"�r����^a�� « ="am" �� soS�?m����������o�o=o°°u°°°°°°°° lz a �_ ����� .......... <ooSSSS° °g° ° « b S °°a0000aaaaX<= ,exo » w yg qz u�r'W� �ozzo�wwwww x5555555555 » _�wa wNgN"<' �p �o�a��i °°�°,„o��°z ° 5555w��������� oll oom q _iigz- wi '~' owy wizzpwz- oo.� wa"w ow33�i�3w i Nwa'55553J » J>Jwwwwhhwtiti� °�k<�``, o'-Yww'�'saoo Z��_n3Wo��B�����a3��58����HH���� ' » >��alo o w55555uU��a���h°��w i�' .osaalloo°o RRoo° -� - -- z5555555555 r rrr rr » » » » » 333333333333333333333333 Sao�uwouawmmwwwwwwwmmw » » » » » 9.A.3.d ,NaVICS Otttii PARTOFTHE USA TODAY NETWORK Published Daily Naples, FL 34110 Q GRADY MINOR ASSOCIATES INC 3800 VIA DEL REY BONITA SPRINGS, FL 34134 ATTN SHARON UMPENHOUR Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 2/17/2023 Subscribed and sworn to before on February 17th, 2023 Notary, S at7.ire ounty of wn My commiss: PUBLICATION COST: $1,002.96 AD No: GC11016377 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 3X9.95 7NANCY HEYRMAN ary Public of Wisconsin Packet Pg. 828 9.A.3.d NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220004175 —12425 Union Road RPUD Rezone In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, with Q. Grady Minor and Associates, P.A. (GradyMinor) and Francesca Passidomo with Coleman, Yovanovich & Koester, P.A., representing Alligator Reach, LLC (Applicant) will be held March 7, 2023, 5:30 pm at the Port of the Islands Resort, Conference Room, 25000 Tamiami Trail East, Naples, FL 34114. Alligator Reach, LLC has submitted a formal application to Collier County, seeking approval of a rezone from RT, Residential Tourist Zoning District and CON, Open Space District, to Residential Planned Unit Development (RPUD) Zoning District to allow up to 109 single- family residential dwelling units. The subject property is comprised of 51.5+/- acres and is located at 12425 and 12400 Union Road in Section 4, Township 52 South, Range 28 East in Collier County, Florida. �.._�_....�.- p E :._.�...�._ ;_._ ....._c I SUBJECT PROPERTY Ti 1—i r� i 1 ti �'; Z. 'nwp wan„• IT If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information or to register to participate remotely* go to, gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. 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Z R - SLMOOZZOZld : 670LZ) WIN 6ulpnpul dnjoe8;ueollddV - g;uauayoe44V quauayoe44V lil• Q Ff c E D O 0 o c O O L C u C H � CL z_ z o � z a Q J v O c U a � = O O z Eo 0 c u N �■ a Z O R M, A v N co LO %- N O.^ V M .� W c a CL a E I- O W a V a� 0 0 a CD 1 L) m CL 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Francesca: Good evening I am Francesca Passidomo with Coleman, Yovanovich, and Koester representing Lindsay Case. He is the petitioner for the subject land use petition. Here with me today is Mr. Case. He's in the audience. Lindsay: Hi. Francesca: He's been at several meetings with the improvement district, so many of you are probably familiar with him at this point. Also with me is Grady Minor, the consultants for the project. Wayne Arnold will take you through the presentation, which is an overview of the petition. Mike Delate, the engineer of record for the project and Sharon, with Grady Minor, is also here. [00:01:121 [00:02:02] I just wanted to — because I've been part of the improvement district meetings which have been probably five, or six, or seven meetings at this point, on this project, I just wanted to give you that overview from my personal involvement. So, Lindsay worked with the district in purchasing the district's land, and in conjunction with that purchase negotiated for a downzoning of the property, which basically means a reduction in the density, and intensity, and use of the property to what can be done today. What can be done today if multifamily and transient type uses, the district expressed that those uses were not consistent with what they wanted on this parcel of land. They wanted single family uses. So, you'll see in Wayne's presentation that this is a single-family project. The density is consistent with the density set forth in that agreement with the district, which is 100 units on the district's land, nine units on the out parcel that was purchased from Mr. Tateo. In the course of those meetings with the district and at the district's request, a covenant was recorded at closing, a restrictive covenant that runs with the land that is enforceable and in favor of the district that outlines that there can be no more than 100 units on the district's land, that the units must be single family. And we'll show you where the oven space areas are to be maintained in perpetuity. So, there's several protections that are already available to the district and that have actually been made of record, as part of that closing. The final thing that happened is there was a utility schedule. So, there will be payments to the district for utilities serving the project. And so, there will not only that huge lump sum that the district achieved with the closing; there will also be these ongoing payments for the utilities that were Page 1 of 21 Packet Pg. 841 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript reserved for the project. So, it's beneficial economically for the district, in addition to the compatibility of uses that Wayne will walk you through. So, that's the history, kind of, of how we got here, the district's heavy involvement, and people in the community being actively participating in those meetings. [00:03:04] So, with that, I'll hand it over to Wayne to walk you through the presentation. Wayne: Thanks, Francesca. So, just a couple of particulars. I'm Wayne Arnold with Grady Minor and Associates. So, we filed a zoning application with Collier County, and one of the requirements of this process is we have to host a neighborhood informational meeting to tell you what our intent is, what the application has been filed, try to take any questions you may have. And so, we're in that process. We filed the application. We've received initial common spec from county staff, and so, we're hosting our meeting before we have any public hearings before the planning commission and the county commission. And as Francesca said, the district has been involved in a number of meetings with the applicant, with Mr. Case, and been working hard to effectively downzone the property. I did wanna make one introduction here. Cortland's with Collier County Zoning Department, and Eric's the assigned planner that handled this case for the county. It's not really his meeting. [00:04:001 This is our meeting, but he's here to monitor and, just so you're aware, Sharon's recording the meeting. We also have some Zoom participants tonight. So, when we get to the questions, it might be helpful if, since we don't have a microphone, if you all could stand up to ask the questions so people that are on Zoom can actually hear it. I'll try to repeat it since I'm closer to the microphone, if you're in the back of the room. But we have just a short presentation to show you and be happy to answer some questions once we go through that. So, the subject property that Mr. Case purchased is about 51 1/2 acres, and most of the property is zoned RT. That stands for residential tourist. That allows for multifamily development and allows for hotels and motels. The zoning would permit over 600 multifamily units on it. It would permit over 1,000 hotel units on it. We're asking for a downzoning to allow 109 single family homes on the 51 1/2 acres. Page 2 of 21 Packet Pg. 842 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript [00:05:00] So, a portion of the property, at the very north end, is zoned conservation. That's being rezoned as part of our planned unit development. So, the planned unit development is the zoning vehicle to change it from RT and conservation to the zoning to allow the 109 dwelling units on it. So, it's all considered in the urban area for Collier County. So, again, the zoning is conservation and RT, and again, through the deed restriction with the improvement district, we can only seek either single family attached, or single family detached dwelling units. But it's capped at a maximum of 100 on the district property, as Francesca said, and then nine units on a piece of property that's located in this little strip of land south of the improvement district treatment facility. This is our zoning master plan. I'll try to stand out of your way. And we've designated areas where residential development will go, large areas for open space and lakes that will remain. This is the out parcel, as Francesca referred to it, where we would have residential, up to nine more units in this area. [00:06:04] So, the main access point is going to be Union Road, coming into the site. We had a couple of meetings with county staff. You all are very familiar with the site, but when you drive out there, you can make a left and go into the property that used to serve the RV part that was on the property in this area, or you can go on through the property on Union Road and get back to the clay shooting facility in the improvement district property. Our proposed access would allow us to make a deal with the county to come through the property where we historically did, or to continue to use Union Road. We have one deviation that we were talking about having, which was related to Internal Road. The county requires us to have 60' normally. We typically, for smaller single-family subdivisions, ask for those rights -of -way to be 50' and we have sidewalks on each side of the road, but it just allows us to deal with some of the utility functions a little differently and go back. [00:07:04] So, one of the things that we're required to do for the residential areas, we have to establish what those are. So, we've created a schedule of uses and development standards. These could be as high as two-story single-family homes, typical of what you've seen for other single-family areas, and then we established some minimum setbacks, etc., just as you would for any conventional zoning district. Here's some examples of some single-family product. This is an attached product. You can see that we have the Page 3 of 21 Packet Pg. 843 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript two garages, but it's got two living units, and these are single family examples, typical building elevations. There's no builder in the mix just yet. I know Mr. Case is talking to other builders, so we're not sure who the end builder may be, but that's in process. The next steps from us, we're gonna continue to work with staff. They're going to, at some point in the near future, deem us sufficient, and that means our application is at a point where they're ready to schedule us for public hearings. [00:08:03] We don't have public hearing dates scheduled yet. We will be working with them to get to a planning commission date, and when the planning commission meeting's scheduled, if you receive notice for this meeting, you should receive notice from the county on that hearing date. We're required to post zoning signs. You've probably seen them around, the 4' by 8' sheets of plywood that have the public hearing information on those. And then likewise for the county commission meeting to follow [inaudible -- crosstalk] [00:08:301, there would be a signage that would have that date on it, and you'll get a legal ad stating that date for the hearing. So, one of the things that we do, we have several ways for you to track the development progress here. And so, you can scan the QR code. Sharon's contact information is down here, so if you all wanna take a picture of the screen or something. Eric's contact information is also on here. And what we do, we'll post this presentation on our website. [00:09:001 It'll be available tomorrow and then — Sharon: It's available now. Wayne: It's available now, Sharon says. So, you can look at the presentation on our website, and you can access all the information that's public record that we submitted to the county, so all of the information that supports the application. We had to do an environmental assessment, a traffic analysis. We had to give them utility information. So, all those things are just the components of the rezoning application that have been filed with the county, and those get updated as they become public records with the county. So, that's in a nutshell, our short presentation, and be happy to try to entertain questions you may have and give you the best answers we can. But if you have a question, just raise your hand. I'll call on you. Yes, sir. Page 4 of 21 Packet Pg. 844 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 1: How long will this process take from now? I know you don't have any exact time. A year, two, three years, or do you have any idea? Wayne: Well, we should be through this process within, I would say, six months, through the zoning process, and then Mike's got some permitting that he's working on, through the water management district. [00:10:04] And that's probably another six months after that. So, I would say probably in about a year, you could see development occurring on the site. Audience Member 1 Wayne: Thank you. Yes, sir. Yes, ma'am. Audience Member 2: A question as far as the two signs that are advertising the dormitory parcel for sale, can somebody make arrangements to take them down? I realize not very many people go back that way, but it looks nasty. Wayne: Okay. Audience Member 2: Thank you. Wayne: Sure. Thank you for the comment. That parcel's actually owned by Collier County Government now. So, I'm sure Eric will make a note to pass that along to the people in the real property department. Audience Member 2: Thank you. Wayne: Yes, ma'am. Anybody else? Yes, sir. Audience Member 3: Have they done a traffic study? how much additional traffic will go on Union Road back to that? Wayne: We have prepared a traffic analysis, and it wasn't specific to that using Union Road, but we have to establish what's called a trip cap. [00:11:00] So, our traffic consultant modeled our 109 proposed single-family dwellings compared to the 600-plus multifamily dwellings, and the traffic's substantially less, you can imagine, for 109. And then we didn't even model the 1,000 hotel units that could be built there, Page 5 of 21 Packet Pg. 845 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript but that would then generate a substantial more trips than the multifamily. But we've set the trip cap. I think it's 108 units. Wayne: Or, I'm sorry. 108 trips in the peak hour, that we've established as our trip cap to support the 109 units. Saw a hand right here, ma'am. Audience Member 4: That land that was originally designated as conservation land, years ago, and now you're wanting to rezone it and put homes there. Why was it designated conservation land originally, and what are the implications of that changing? Wayne: Yeah. That's a good question. So, this northern tip of the property was designated as conservation. You can see it's all being cleared. It had an RV park on part of it in the past. [00:12:00] The conservation designation, we think, was just probably old-line work because part of this land on either side is conservation, but there's a lot of history with port of the islands. And there's a settlement agreement that was in place from many, many, many years ago, many decades ago. And it basically now creates this as an urban area. So, we're allowed to, under the comprehensive plan, go ahead and change that to allow for residential, but you can see; we kept most of that as an open space tract, as part of our development. So, that's where that conservation area was. It's about 11 acres, I think, in total, of the 51 1/2 acres. Any other — Audience Member 5: Hello. Wayne: — questions? Audience Member 5: A call from the Zoom, if that's okay. Wayne: Sure. Sharon: Okay. Go ahead. Audience Member 5: Okay. Oh, thank you. We were just wondering if any of those QR codes talked about any supporting infrastructure, meaning shops, gas stations, that sorta thing, that are planned for this area because I know that's probably not new. [00:13:00] But is there anything in those QR codes that would point to what's happening with that? Wayne: So, the question, if you didn't hear that in the back, the question is, Page 6 of 21 Packet Pg. 846 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript in the QR codes, does that link you to any additional information that would support other uses besides the residential. So, we have in there, if you look, it's gonna be Exhibit A through F, if you go to those documents. And that's what we call our PUD document, and it has the development standards and the list of permitted uses. So, the only permitted uses we requested were single family attached and single family detached housing. Then we have accessory uses. So, we made some provisions for typical accessory uses. Like, you would have swimming pools, and open space, lanais, and garages, and things like that, but there are no uses like gas stations or any other supporting commercial type uses. Audience Member 5: Okay. Thank you. I think my husband has a question as well. Wayne: Okay. Audience Member 3: Yeah. So, I know we've had a lot of conversation in port of the islands about the water and the infrastructure. I mean, what are the plans for changes to that system? [00:14:00] Are you planning to tap into the system that we have in place presently, or what is the plan for that, or do you know? Yeah, I guess it's the better question, maybe. Mike Delate: Yeah. It's a good question. This is Mike Delate, engineer with Grady Minor. And we've worked with the improvement district quite a bit through this whole process. As Ms. Passidomo alluded to, there's a contractual agreement with the improvement district for Mr. Case to purchase available what we call equivalent residential units for water and wastewater service. So, the plant has capacity right now for these 109 units, and part of the purchase of the property was to purchase those what they call the ERUs. So, the facility out there now, current water and wastewater plant, are already sized for this additional units. I hope that helps. Audience Member 5: Yeah, it does. And that takes into account any unbuilt homes on the other side of the street, correct, in Sanctuary Point and elsewhere in that area? [00:45:03] Mike: We do not know that answer. So, all we know is that there's capacity, reserve capacity, for these 109 units. Page 7 of 21 Packet Pg. 847 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 5: Okay. Thank you very much. Wayne: All right. Thank you. I saw a hand up over here. Audience Member 6: Go ahead. Wayne: The gentleman right behind you. Audience Member 6: Go ahead. Wayne: Just trying to get people who haven't asked a question, and then we'll come back. Audience Member 6: Absolutely. Audience Member 7: [Inaudible -- crosstalk] [00:15:211 estimated square footage on your [inaudible]? Wayne: Under air? We had this established a minimum, as part of the purchase — Mike: Fifteen hundred. Francesca: I think it's 1,500 max. Wayne: We're gonna look that up. I'll get the — Mike: It's 1,500. Wayne: — answer for you. I just wanna look in our documents and see what we've submitted. Francesca: Yeah. It's 1,500. Wayne: Max or minimum? Mike. Minimum. Wayne: So, did you say minimum? Francesca: Yes. Wayne: I got the PUD document right here. [Crosstalk] c a 0 0 W c 0 C N I* N ti 0 0 0 N N O N J a 0 ti N Page 8 of 21 Packet Pg. 848 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Wayne: So, I'm looking at our development table we established. The minimum square footage is 1,500 square feet per unit. Audience Member 6: Minimum. Wayne: Yes, sir? Audience Member 8: Is it gonna be a mix of single family and two family, or what's gonna determine that? Wayne: I don't think we know exactly. We made provisions for there to be both. I think that the intent probably is more toward the single family detached dwelling units. Audience Member 8: I mean, is there enough utility capability if they were all two families? Wayne: Yes. It's 109 total units. So, if you've got a kitchen, that's one unit. So, even if it's attached, that would be two dwelling units, so we [inaudible -- crosstalk] [00:16:401 units — Audience Member 8 Wayne: Audience Member 8 Wayne: Oh, I see. Okay. Yes, sir. I got you. In the back, yes, sir. Audience Member 9: I have a few questions, actually. One of them is, there's a lot of talk around — and I never heard this. I always heard the county didn't wanna sell Lindsay the 6.8 acres where the old hotel was. [00:17:00] He tried to buy it quite a few times, but they wanted to reserve it for an EOC center, possibly a fire, police, ambulance center. There's a rumor going around that they wanted to use it for Section 8 housing, and I've never heard that. All I've heard is the fire station. Wayne: Well, I was in one meeting with the county's real property department several months ago, and they really had no idea what they would utilize that property for. Audience Member 9: Yeah, that's what they told us to. Wayne: It's zoned right now, RT, which allows hotels, transient lodging, Page 9 of 21 Packet Pg. 849 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript multifamily dwelling units, but last I know, they don't have any specific plan for the property. Audience Member 9: Can Lindsay answer questions? Wayne: Sure. Audience Member 9: Lindsay, back in the fall, there was an awful lot of confusion on Next Door here about what you've really paid for the land. And $5 million is what we all understood. [00:4 8:00] But there are people that seem to be very confused about that, and said it was much less, and it would never be $5 million. Lindsay: I paid $3 million cash for the 48 acres with a monetary pledge of c another $1.6 million for tax. c N N Audience Member 9: Right. N a Lindsay: So, I, right now, have, in December of '24, I have a $500,000.0014 check I have to give the district for tax, even if they're not being N pulled. A year from then, I have another $500,000.00 commitment, and in another year after that. So, that accumulates to roughly the $1.6 million. So, it was really $4.6 million, plus there's another $4,000.00 per unit. So, it worked out to $5 million of cash for the district on a net sense. On infrastructure they already had, someone—', had mentioned my team doesn't wanna represent the district because we don't. [00:19:02] But one thing is for sure I do know from the district is that I'm only using 109 units of water and sewer, and the district had 266 when I came to the table. Audience Member 2: And that's correct. Lindsay: So, there is more water and sewer for these lands, for whatever redevelopment happens here and for the lots that are still out there. Mr. Steve [Inaudible] [00:19:271 there and the other group. So, this district is just really in a great spot. I'm so happy to see where it's going because the stability of the single-family product is what I find strength in, why I wanted to be here, because it was on an edge with this selling out all these little units, and then this place being unknown. But it seems as if this group has kept drawing in more capital, buying up those smaller units. [00:20:00] And as soon as they can unify the ownership of this area, it will Page 10 of 21 Packet Pg. 850 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript have a huge capital investment, along with the grounds out here. But right now, the stability, what I'd say for the long-term trim of how this district will cashflow, is through these 109 units. Wayne: Thanks, Lindsay. Audience Member 8: And to be clear, so it was a lot more than $2.7 million or — Lindsay: No, it was five point — Audience Member 8: — some of these other numbers that came out. Lindsay: It was $5 million. Audience Member 8: Right, $5 million. Lindsay: Out of my cash, out of my side, net cash. Audience Member 8: And I just say something recently from you, because we've had these discussions, that even if you passed, that your heirs are involved in this. Lindsay: Audience Member 8: Oh, God, right. So, it's not gonna default. Lindsay: My net worth is at the table. If I sell out, there's gonna be a new investor, that they're gonna be making your team, your engineer, happy, and your attorney, and your board. [00:21:00] So, I've already talked to people that are so capitalized, no one will ever worry about these type of things, on my performance. My performance is 109 lots delivered as you've preferred, and on math, I'm making my profit and going if I do. Anything can happen and wham, oh, I forgot that. The traffic, we had thought about it. There's a lot of that. The road — I thought, "Hey, when I buy this district, I wanna receive all the traffic that was on the road for these two facilities. You gotta buy it from someone else if you're gonna" — the county side, they don't have water rights. So, the district has to decide to sell them water when they decide. So, the court is in the district's side on the county ground. I would say, in terms of the utility service, they are the king of base, and it's two communities that will need to be working together. And we can absorb that into our plan anytime. Page 11 of 21 Packet Pg. 851 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript [00:22:OO] If the county does have a perception that they're willing to let it go, however they would feel the market needed to price that thing to us, I said, "I'll take it according to what I paid for all that ground. We'll just divide it by that, 21 lots. Okay, that same price." And other than that, I'm just not sure what else might be helpful. Wayne: Thanks, Lindsay. Yes, sir. Audience Member 9: I had a question and maybe I missed it, but are we also contributing to building the infrastructure, like the roads and stuff like that, into this? Wayne: Do you wanna answer that? Francesca: Well, we can both speak to that. Wayne: Yeah. I think it's really goes to the improvement district. Francesca: Sure. Wayne: I'll let Francesca tell you about that. Francesca: So, I'll give you the big picture. Then Mr. Delate will walk you through the details. As part of closing, we signed a post -closing agreement with the district that spoke just to who's responsible for infrastructure. All infrastructure serving the project will be installed by Mr. Case at Mr. Case's cost. There will also be substantial improvements to Union Road, as far as repaving and replacing those utilities. [00:23:07] They're something like 50 years old. So, all of that will also be done by Mr. Case at his cost. The only cost to the district is to the extent there is an upgrade to that pavement required to serve the district's water treatment plant. That would be the district's only cost. So, there's really little to no exposure to the district. Mr. Case is handling all infrastructure for his site. Audience Member 9: Thank you. Wayne: Thank you. Audience Member 8: Can you explain what you meant by an upgrade? Upgrading that road? Francesca: That's actually an engineering question. Page 12 of 21 Packet Pg. 852 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Wayne: We'll let Mike Delate — the question is — explain what was meant by the upgrade that was referenced. Mike: So, the upgrade is a standard road cross section and pavement thickness that would be required for a residential community, and it's 6" of lime rock and 1 1/2" of asphalt. The district asked us to 3 make that 8" of lime rock and 2" of asphalt, and they would pay �° the difference, just because they've got heavier vehicles coming in. c [00:24:031 N I* Audience Member 8: Okay. u� ti Audience Member 9: And that's only around the water plant. c 0 0 Mike: Yeah. That would just be up to the water plant. N 0 N J Audience Member 9: Up to. a Mike. Yes, sir. ti N Audience Member 8: Would that start at 4 1 ? z a Mike: No. Just inside Mr. Case's property. Audience Member 8: Okay. Wayne: Any other questions? Ma'am, I see you back there. Audience Member 10: Does that have any impact — Wayne: Can you stand up, so your voice projects a little better, please? Thank you. Audience Member 10: Is there any impact on the water plant after you build up around the single-family homes? I've heard some talk about that. Mike: No. They'll be no physical impact. Audience Member 10: Wayne: Audience Member 11: Okay. Yes, sir, right here. $6 million — Page 13 of 21 Packet Pg. 853 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 12: Have you obtained an environmental impact statement? Wayne: We've done an environmental assessment that's part of the zoning process. The project will have to go and obtain an ERP, which is an Environmental Resource Permit, through the water management district. [00:25:OO] Audience Member 12: Are you in contact with the South Florida Water Management District, and they'll have what their actions are going to hinge on this? Mike: We've been coordinate — your question is have they coordinated with the water management district? We've been coordinating with the arm of the water management district called the Big Cypress Basin, which controls that section of the canal, and we've just started after EN coordination on that. And then we'll be submitting to the water management district, in general, for our permit in the next couple of months. Audience Member 12: What will be the effect on this development if the canal gets plugged? Mike: At this point, there's no plan to change what would be the control elevation of the project because the — I forget the name of the condominium project just south of Mr. Case's. Wayne: Orchid Canyon. Mike: Yeah, Orchid — yeah. That's dependent on that control elevation of the canal, and so, we'll be discharging at the same elevation. So, anything that they would do to affect the condominium would affect this property. [00:26:04] And nothing's been anticipated or planned for that. Wayne: There's a question back here from somebody who hasn't asked a question. Yes, sir? Audience Member 12: Has there been, or is there going to be any kind of a study regarding the amount of fertilizer and herbicide, pesticides that are gonna affect — and if it will affect the aqueduct? Wayne: I think there are standards. The county has a fertilizer ordinance. There are standards for when you can fertilize and when you Page 14 of 21 Packet Pg. 854 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript cannot, oftentimes. But there's no specific requirement for us to analyze fertilizer impacts, but the water management system permit has a water quality component to it. So, there's a flush of — Mike can describe it better than me, but there'll be dry detention systems that will take the water and clean the first flush out, and then it gets discharged probably into our internal lake system before it discharges into the canal. Mike: Yeah. As part of our water management district permit, [inaudible -- crosstalk] [00:26:561 nutrient loading analysis. So, that would be performed, and submitted, and reviewed by the water management district. [00:27:03] Wayne: Yes, please. Audience Member 13: Okay. I have the one gentleman answer my question before, which was very [inaudible] — Sharon: Can you speak up, please? Audience Member 13: I have a question about the gun club. Is there any way — is it going to be like a disclaimer, selling these homes, because I've been in other areas where people have purchased homes near airports, and then 10 years later, the houses got bought out because of the noise factor. Knowing that the gun club has been there for 50-plus years, is it protected? Francesca: So, as part of the closing, again, there is a little access easement here that cuts across Mr. Case's property, historic access. It was granted, as far as a permit and access easement, to the gun club to preserve that historic access. In that document, it actually says this is providing access to the gun club. [00:28:02] So, that's of record at this point. Whether and how it's disclosed further in the HOA documents is to be determined, but as far as it being of record, it already is, in fact, that way. Wayne: Thank you. Yes, sir. Audience Member 14: They claimed they put a berm up between the gun club and the development? Wayne: The question is, is there going to be a berm between the gun club and the development. Page 15 of 21 Packet Pg. 855 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Mike: A physical elevated berm you're talking about? Audience Member 14: Right. Mike: I don't think we've gotten that far into the details. There's a water management berm that has to go in, but it wouldn't be of any height. Wayne: Yes, ma'am. Audience Member 15: On the same vein of a berm going around, specifically the gun club, what about landscaping around the whole project? Has any plans been made for that, or what is Collier County code requirement that needs to go around the whole project? Thank you. Wayne: Yes. We do have landscape requirements that are part of the county code. [00:29:011 We haven't designed those yet, but they require us — there's no buffer, for instance, required against the canal to the west, but there is a buffer required adjacent to Orchid down here. And we'll be buffering ourselves probably from the treatment facility. Audience Member 15: Thank you. Francesca: Yeah, and actually, that brings up a good point. Keep in mind that this entire segment here is open space. So, that's a further natural buffer from the gun club. Wayne: Thanks, Francesca. Ma'am, you had another question? Audience Member 15: Yes. It's my understanding that that parcel flooded from Ian, and so, do you know how much fill you're going to have to put for those homes, and how can you assure that neither the water plant nor Orchid Cove are going to get flooded because they're gonna be lower than this new property? Mike: Sure. So, your question is, how can we assure there's no flooding from the development of this property to the other properties. So, this property is similar to Orchid Cove. [00:30:01] It's covered by FEMA, the FEMA maps. And the flood elevation, I believe offhand, is elevation eight, roughly. Wayne: Seven. Page 16 of 21 Packet Pg. 856 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Mike: Seven? Okay. So, the minimum finished floor, under the Florida Building Code, is elevation eight. You have to be a foot above that. And we've coordinated with, as I said, the Big Cypress Basin, getting peak stages of the canal under Irma and Ian, and both of those were well below the finished floors because Orchid, as well, has similar finished floors, and you all didn't flood. So, we'll have our own separate water management system with a couple of lakes that Wayne pointed out. And so, those lake systems will handle not only water quality that you mentioned, but attenuating a 25-year storm event, which is required by Collier County and water management district. And then as I indicated before, there's a perimeter berm that's placed at that 25-year elevation before any water could go offsite. [00:31:00] All the water that's attenuated onsite, the discharge goes to the canal. So, there's no interconnection with Orchid at all. Wayne: Any other questions that we haven't touched on? Audience Member 1: The water plant — Wayne: Yes, ma'am. Audience Member 15: The gun club has been in existence for 60 years, and the pellets, the lead pellets, just fall to the earth or to the water. When you start digging these ponds, are you doing an analysis to see what the lead levels are in the water and in the soils? Mike: So, the requirements under Collier County ordinance are not to check for those types of potential contaminants. However, Mr. Case has retained a geotechnical firm that's gonna be doing soil borings in these areas, and I don't know the specifics of his contract with the GM technical firm. We'll check that out to see if that includes testing for any lead materials. [00:32:02] Wayne: Anybody else? Audience Member 15: Yeah. What size are the lots projected to be? Wayne: They're probably gonna vary in lot size. We have some minimum standards that we've established. Mike's in the process of laying out some conceptual plans, but they're gonna be fairly larger lot, Page 17 of 21 Packet Pg. 857 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript single family homes, so pretty substantial size lots. Mike's looking up the minimum lot width, for instance, but that's for the duplex, yeah. So, it's going to vary. Audience Member 15: Okay. So, it's not gonna be like a zero -lot line kinda — Wayne: No. Audience Member 15: Okay. Wayne: No, ma'am. I saw a handout back here that has — yes, ma'am? Audience Member 15: Yes, hi. How are the potential homeowners going to cope with the noise from the gun club? Wayne: Well, I think it's, as Francesca said, it's a known entity. I mean, it's been out here for over 50 years. So, to the extent that our property owners that they're granting access through this portion of the site to get back to the gun club. [00:33:04] So, I think it's going to be a known factor. Anybody who buys out here is gonna be subject to the occasional gunfire that you hear out there. [Crosstalk] Wayne: Yes, sir. Audience Member 16: I used to be on the CID board, and we looked into this, and this is actually a community improvement district, not a community development district. And a lot of this was done. There's always been a lot of questions. How did all of this platting, so to speak, come about? I'm not positive, and you should check, that the area around the gun club and that top piece that someone asked about is actually a conservation easement. We think, at the time, and our attorney was looking into it, same attorney now, that it was just a handshake. It was deemed conservation designation. [00:34:01] So, you might wanna check on that. Wayne: No. We're pretty certain. It's definitely zoned conservation. There is no deed restriction on it. Audience Member 16: Right. Francesca: Yeah, that's right. There's no conservation easement of record on Page 18 of 21 Packet Pg. 858 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript that segment. Audience Member 16: Okay. Wayne: Yes, sir. Audience Member 16: Is the elevation of our water plant the same as Orchid Cove, or is it lower? Audience Member 14: Lower. Wayne: Mike, do you know the answer? Mike: I don't know specifically, but I'd imagine it's a little bit lower. Audience Member 16: Because if you build up to Orchid Cove, then all the water is gonna flow right towards our water plant, correct or not? Mike: No. Any rainfall that would occur within the site would be captured and run toward the internal lake system and not drain toward the plant. Wayne: It's gonna outfall into the canal. It's not out falling to the east where the water plant is. Audience Member 16: Even if it's lower elevation? Audience Member 15: It has to be self-contained. Audience Member 16: Because we deal with that in hurricanes constantly. Wayne: Yes, sir. Audience Member 9: Just a comment along those lines, but today, it is — the land is at the lower elevation, and as was shown in Ian, the water did drain that way, and that will not happen once this has been developed and re - stepped, correct? [00:35:05] Wayne: And that's correct because without development on it, there's no controlled water management system. We'll be required to put in a perimeter berm to control the water flow and make sure that it's not flowing onto anybody else. Anything else we haven't touched on before we — yes, sir? Page 19 of 21 Packet Pg. 859 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript Audience Member 16: Now, just for people's information, those — Wayne: Can you speak up just a little so everybody can hear? Audience Member 16: Those ponds that you're talking about putting in, they're substantial ponds, correct? Wayne: Yes. Audience Member 16: Yeah. I mean, they're — Wayne: Yeah, they're not little, small things. Audience Member 16: No, they're like the five -acre one that's there already, kind of. Mike: Almost, yes. Wayne: Anything else? Yes, ma'am. Audience Member 15: So, what is the requirement for the percentage of permeable land to the house on each lot? Is that an issue, or — Wayne: The county doesn't have a specific overall lot coverage standard for each single-family home. [00:36:00] But we do have a 60% open space requirement for our planned development. So — Audience Member 15: For each lot? Wayne: No, ma'am. It's overall. So, for the 50-acre project, we have to have 60% of it that's open space. So, that would be buffers, lakes, yard space, things of that nature. So, you can see on here, I mean, you've got in our master plan, it's not the easiest to read, but we've got dedicated open space areas. That's almost 12 acres. This lake system here is gonna be another 10 acres or so. So, we've got substantial open space areas that are built into this plan. Nothing else? We can adjourn. Everybody can go home. Everybody done? Audience Member 15: I have one more. Wayne: Okay. Audience Member 15: Is the county looking into the — Wayne: Hey, folks? If you can be quiet, we have somebody asking another Page 20 of 21 Packet Pg. 860 9.A.3.d PL20220004175 12425 Union Road RPUD March 7, 2023 NIM Transcript question. Thank you. Audience Member 15: Is the county looking into the feasibility of porous roads and porous driveways in order to handle drainage? Sharon: Excuse me. We're trying to record this, please. [00:37:001 Wayne: Folks, the meeting is still going on. If you could all take your conversations outside, please. Audience Member 16: We thought it was over. Mike: So, your question was does the county looking into porous pavement, essentially, for pavement or for sidewalk, or — Audience Member 2: We can't hear him. Mike: — road areas. Audience Member 1: Yeah. Can you speak up? We can't hear back here. Audience Member 2: We can't hear you. Mike: Yeah. So, the question was is the county looking into porous pavement in concrete or asphalt for roads or sidewalks. They may be, but it's not a requirement for any project in Collier County, and the water management system is designed for a certain amount of impervious area that's calculated into the nutrient loading calculations. So, it's not a requirement, and frankly, performance with porous concrete and road systems, it's had a bad history in these parts. Wayne: Thank you, all. Well, if there's nothing else now, we can adjourn, and everybody can — Audience Member 1: All right. Wayne: Thank you. [End of Audio] Duration: 39 minutes Page 21 of 21 Packet Pg. 861 9.A.3.e Attachment 4 Legal Ad and Sign Posting Packet Pg. 862 9.A.3.e (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner's agent must replace the sign(s) NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SHARON UMPENHOUR WHO ON OATH SAYS T HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND EVELOPMFN COBE ON THE PARCEL COVERED IN PETITION NUMBER(S) PL20220004175. 3800 Via Del Rey SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX 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 this 24 day of October , 2023, by Sharon Umpeenhour as Senior Planning Technician for O. Grady Minor & Associates, P.A., personally known to me eF whe asidentifieati and who diEVdid not take an oath. :;:►nYe., CARIN J, DWYER Signature of N ary Public MY COMMISSION # GG 982367 �• EXPIRES: May 14, 2024 Bonded Thru Notary Public Underwriters My Commission Expires: (Stamp with serial number) Carin J. Dwyer Printed Name of Notary Public Rev. 3/4/2015 Packet Pg. 863 9.A.3.e PUBLIC HEARING NOTICE 12425 UNION ROAD RPUD REZONE PETITION NO. PL20220004175 CCPC: NOVEMBER 16, 2023 - 9:00 A.M. BCC: JANUARY 9, 2024 - 9:00 A.M. COLLIER GOVERNMENT CENTER, 3299il 'r EAST TAMIAMI TRAIL, 3RD FLOOR, Y h NAPLES, FL 34112 x+ ERIC ORYMAN: 239-252-1032 ei Ma,.',1 , :�.'.. ..�lf .. :.., r•.�l 0 0_ O C O Lo N It N Lo O O O N N O N J d O I- N, Packet Pg. 864 9.A.4 11 / 16/2023 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.4 Doc ID: 27038 Item Summary: PL20220006213 - SR 846 Land Trust Earth Mine - A resolution of the Board of Zoning Appeals of Collier County, Florida, amending Resolution No. 2012-15, to amend and expand a conditional use for earth mining with excavation, blasting, and processing of material, pursuant to Section 2.03.0l.a.l.c.1 of the Collier County Land Development Code, on property zoned Rural Agricultural district (A) with a Mobile Home Overlay (MHO), within the Rural Fringe Mixed Use Zoning Overlay district (RFMUO) — Receiving Lands, consisting of 2,560 acres located at 16000 Immokalee Road, on the east side of Immokalee Road approximately two miles north of Oil Well Road, in Sections 35 and 36, Township 47 South, Range 27 East, and Sections 1 and 2, Township 48 South, Range 27 East, Collier County, Florida. [Coordinator: Eric Ortman, Planner III] Meeting Date: 11/16/2023 Prepared by: Title: Principal Planner — Zoning Name: Eric Ortman 10/20/2023 10:11 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 10/20/2023 10:11 AM Approved By: Review: Planning Commission Diane Lynch Review item Zoning Mike Bosi Division Director Zoning Eric Ortman Review Item Zoning Ray Bellows Review Item Zoning Mike Bosi Review Item Operations & Regulatory Management Diane Lynch Review Item Growth Management Community Development Department James C French Planning Commission Ray Bellows Meeting Pending Completed 10/30/2023 2:52 PM Completed 10/31/2023 8:30 AM Skipped 10/19/2023 5:12 PM Completed 10/30/2023 3:24 PM Completed 10/31/2023 8:31 AM Skipped 11/03/2023 1:39 PM GMD Deputy Dept Head Completed 11/04/2023 1:47 PM 11/16/2023 9:00 AM Packet Pg. 865 9.A.4.a Coer County STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION — ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT- PLANNING & REGULATION HEARING DATE: NOVEMBER 16, 2023 SUBJECT: CU-PL20220006213, SR 846 LAND TRUST EARTH MINE PROPERTY OWNER/AGENT: Owner: 27TH/Pico Blvd. Ltd. Partnership 95 North County Rd. Palm Beach, FL. 33480 Agents: D. Wayne Arnold Q. Grady Minor & Assoc. 3800 Via Del Rey Bonita Springs, FL. 34134 REQUESTED ACTION: Applicant: 1370 South Ocean, LLC 95 North County Rd. Palm Beach, FL. 33480 Richard Yovanovich, Esq. Coleman, Yovanovich, Koester 4001 Tamiami Trai N. Ste 300 Naples, FL. 34103 To have the Collier County Planning Commission (CCPC) consider a resolution of the Board of Zoning Appeals of Collier County, Florida for a Conditional Use to allow a repositioning of the blasting area for an existing mine that was originally approved by Res. 99-420 (CU99-16) and superseded by multiple resolutions with the last one being Res. 12-15, pursuant to Section 2.03.0l.A.l.c.1 of the Collier County Land Development Code (LDC). The property is zoned Agricultural (A) with two overlays: Mobile Home Overlay (MHO) and Rural Fringe Mixed -Use Overlay Receiving (RFMUO-Receiving) GEOGRAPHIC LOCATION: Primary access to the subject 2,560f-acre property is off Immokalee Road, approximately 3.5 miles north of the intersection of Immokalee Road and Randall Boulevard in Sections 1, 2, 35, and 36, Townships 47 South and 48 South, Range 27 East and 28 East, Collier County, Florida. (See location map and proposed blast zone graphic on the following two pages.) CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 866 a��—� �.�� _--_---� �C11� N � �1 1�.1 ■.�� 9.A.4.a W 'FAWN LANE LL 2W VADE TYPE'R' LANDSCAPE BUFFER iEXISTINGI { z PHASE 11 u L6 EDGE OF L6 WATER 47riG m y+ LLI � 4 da in W �J CL BLAST ZONE a�Jti w PHASE I FY E.v . �. � � EXISTING It LAKL SECTION EC Tr 20' WIDE TYPE `B LANDSCAPE BUFFER [EXISTINGM W - 51ITF1 AVE WE ! N D Avt Ht PROJECT BOUN13ARY 47TH AVE HE w N LJ hl0 O1J48T ,TONE M-ASTZME ��+LE �" ■ 24gO' 'Il o INLAST ZONE EXMWr u Ley t� Irr.a• nor. a.r�f +,rm,ti PEYKM OCT011M Ik 2023 rr.q•rn -Idd ... r..4 Blast Zone Exhibit ---- -- -- ---- Property Boundary Phase I is currently approved, Applicant is seeking approval of Phase II CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 868 9.A.4.a PURPOSE/DESCRIPTION OF PROJECT: The SR 846 Land Trust Earth Mine (formerly known as the Jones Mine) is an aggregate mine originally approved by Res. 99-420 (CU99-16). Access to the mine is via Immokalee Road (CR 846), approximately 3.5 miles north of the intersection of Immokalee Road and Randal Boulevard. Under the initial Resolution, blasting was not permitted. The applicant found that the hardness of the rock being mined exceeded the ability of mechanical excavators to break the rock apart; therefore, commercial explosives were needed. The use of such explosives was approved by Resolution No. 06-157. The applicant now seeks to expand the blasting area, as shown in the Blast Zone Exhibit above. The edge of the proposed blasting zone will be no closer than 1,300 feet from the nearest residence. Prior to submitting this petition, the applicant contracted with a vibration monitoring expert, GeoSonicNibra-Tech, to study if the proposed expanded blasting area would cause any damage to neighboring residences. Based on Collier County and Florida blasting limitations, the study concluded that "there's not a potential for damage to structures." As one of its many conditions of approval, the mine also has set aside a $500,000 bond to settle any claims for structural damages directly resulting from blasting. The resolution permitting the conditional use has also been amended by Res. No. 07-274, Res. No. 08-290, and Res. No. 12-15 is the current resolution the mine operates under; all former resolutions until Res. No. 12-15 have been repealed. The proposed 32 conditions of approval are substantively the same as what was approved by Res. No. 12-15. Seven (7) conditions have been deleted due to their being met, one (1) condition was deleted as it was duplicative, and two (2) new conditions were added. The two added conditions cover residents' notification before each blast and that no earth mining and/or extractions shall occur on lands designated as Sending Lands. Attachment 1 contains the proposed resolution and 32 conditions of approval. Attachment 2 includes the conditions of approval in track changes with justifications for any changes. The conditions have been grouped in similar categories, so the numbering no longer matches the numbering in Res. No. 12-15. SURROUNDING LAND USE & ZONING: The property is currently an active aggregate mine. Surrounding land uses include: North: Agricultural (A), Mobile Home Overlay (MHO), Rural Fringe Mixed -Use Overlay -Neutral (RFMUO-Neutral) South: Estates (E) zoned land with single-family homes and undeveloped lots. East: Estates (E) zoned land with single-family homes and undeveloped lots. West: Agricultural (A), Mobile Home Overlay (MHO), Rural Fringe Mixed -Use Overlay Sending (RFMUO-Sending), Rural Fringe Mixed -Use Overlay Receiving (RFMUO-Receiving) CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 869 9.A.4.a Collier County Zoning Map GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): According to the official Future Land Use Map (FLUM), the subject property is located within the Agricultural/ Rural Designation as well as the Rural Fringe Mixed -Use Overlay Zoning District (RFMUO). The Agricultural/Rural Land Use Designation is for those areas that are remote from the existing development pattern, lack public facilities and services, are environmentally sensitive, or are in agricultural production. The RFMUO provides a transition between the Urban and Estates designated lands in the FLUE and between Urban and Agricultural/Rural and conservation designated lands farther to the east. Lands within the RFMUO are further designated as Receiving, Neutral, and Sending based on the appropriateness of developing these lands, with Receiving being the most appropriate and Sending being the least appropriate. Most of the subject property is located within the Receiving area, with a small portion on the western edge in a Sending area. According to the current FLUE, the Agricultural/Rural and RFMUO designations allow for additional uses other than Agricultural uses subject to specific criteria, conditions, and development standards. This CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 870 9.A.4.a includes earth mining, extraction, and related processing uses. Staff has thus determined that the proposed earth mining use is consistent with the FLUE subject to the criteria set forth in this Conditional Use Approval. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states, "The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and 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 aspart of the traffic impact statement that addresses theproject's significant impacts on all roadways. " According to the TIS Waiver provided with this request, the project was approved with specific blast zone area requirements, and the purpose of the proposed application is to adjust the blast zone areas. The excavation area and volume of fill to be removed will not change with this application. There are also no additional transportation impacts associated with this change; therefore, the applicant requested a TIS waiver due to no additional transportation impacts. Transportation Review: Transportation Division staff has reviewed the petitions requested for the TIS waiver and is recommending approval. Stormwater Review: With the provided stormwater management plan, the proposed expansion for mine blasting operations is not anticipated to create a stormwater management problem for Collier County or adjacent property owners. Landscape Review: Buffers are labeled on the concept plan consistent with the language of the condition regarding landscape buffers. Environmental Review: The proposed changes do not affect any of the environmental requirements of the CU document. Conditional Use (CU) 2012-15 approved the project as an earth mine. There are no additional environmental impacts proposed. Conservation and Coastal Management Element (COME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The proposed changes for the SR 846 Land Trust Earth Mine do not affect any of the environmental requirements of the GMP. CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 871 9.A.4.a STAFF ANALYSIS: Before any Conditional Use recommendation can be brought to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property uses in the same district of the neighborhood, and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.0I.B.I.c. of the LDC permits conditional uses in the Estates (E) zoning district. Agricultural uses are permitted by right in the RFMUO-Receiving. LDC §2.03.0l.A.l.c.1 states that "extraction or earth mining and related processes and production not incidental to the agricultural development of the property" is a permitted conditional; therefore, if the proposed use meets the criteria listed in LDC 10.08.00, it is eligible to be approval and is consistent with both the FLUE and the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). As discussed in Question #1 above, if the proposed project meets the conditional use criteria listed in LDC 10.08.00, it would be consistent with the LDC and can be approved as a conditional use. Per the FLUE, the Agricultural/Rural and RFMUO designations allow for additional uses other than Agricultural uses subject to specific criteria, conditions, and development standards. This includes earth mining, extraction, and related processing uses. The proposed earth mining use is consistent with the FLUE subject to the criteria set forth in this Conditional Use Approval. 3. Ingress and egress to the property and proposed structures thereon, particularly with respect to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the subject property will utilize a single point of access on Immokalee Road, as shown on the master plan. This access point has been used for accessing the mine throughout its lifetime. According to the TIS Waiver provided with this request, the project was approved with specific blast zone area requirements, and the purpose of the proposed application is to adjust the blast zone areas. The excavation area and volume of fill to be removed will not change with this application. There are also no additional transportation impacts associated with this change; therefore, the applicant requested a TIS waiver due to no additional transportation impacts. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor. Public comments of objection to this petition have focused on blasting activities and potential damage that may occur due to the blasting. Prior to submitting the petition, the applicant retained the services of GeoSonicNibra-Tech, a firm specializing in vibration monitoring, to study whether homes would be susceptible to damage as a direct result of blasting. The distances separating the blasting zone from the closest residence range between 1,300 and 2,790 feet. The study concluded that "there's not a potential for damage to structures." Blasts are detonated below ground level and below the top of the water table. This results in soil and rock ejected from a blast being saturated and falling back to earth on the subject property. Fumes generated by the blasting include carbon dioxide (COZ), and, in limited occurrences, nitrates (NO'-) may be produced when part of the explosive charge burns rather than detonates. Most of the gases dissipate into the atmosphere above the subject property and do not present a harmful condition to those living near the mine. CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 872 9.A.4.a Noise from the blasts is limited to 120 decibels (below the Florida allowed maximum of 130 decibels), similar to the sound of a bulldozer. Vibrations from the blasts may be perceptible but are not capable of creating damage. Rock crushing machines and other large equipment are required to either have attenuation properties or enclosures around the equipment motors. If attenuation properties or enclosures are not possible, then an earthen berm is required to be placed around the piece of equipment; the berm needs to be as tall as the piece of equipment. A minimum of 1,300 feet is required from the blasting zone edge and the closest home. Some equipment may produce a glare by reflecting sunlight at certain times of the day; if any is seen, glare would be di minimus. 5. Compatibility with adjacent properties and other properties in the district. There are several miles of undeveloped agriculturally zoned land west of the mine. Along the mine's northern border are 4,000 feet of empty, mine -owned land between the blast zone and the first home. To the east are 1,500 feet between the first house and the front edge of the blast zone. To the south are 1,300 feet between the first house and the front edge of the blast zone. Buffers, when homes are in proximity, and berms surround the mine, which has been in operation as a permitted conditional use for more than 20 years. Adjacent properties may be aware of muffled sounds from mine operations, perceptible vibrations when blasting occurs, and seeing trucks entering/exiting the mine are activities that may be expected on agriculturally zoned land. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does require Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, Section 2-1193(m)(4), a conditional use of a commercial mine requires EAC approval. Environmental Planning staff recommends approval of the proposed petition. NEIGHBORHOOD INFORMATION MEETING (NI The applicant conducted a NIM at 5:30 p.m. on June 20, 2023, at the Collier County Government Services Center at 15450 Collier Boulevard. Approximately 12 to 15 people attended the NIM, though only five individuals signed in. During Mr. Arnold's overview of the project, several members of the public repeatedly vocally objected to the project. Following Mr. Arnold's overview, Mr. Jeffrey Straw, area manager for GeoSonic/Vibra-Tech, a firm specializing in vibration monitoring, provided an informative overview of all aspects of the blasting process with the conclusion that, given the 1,300-foot separation, blasting could not cause damage to homes around the mine. Numerous questions and objections were voiced following the two presentations. People's largest concerns were potential damage to their homes from blasting; the noise of the blasting; how the blasting would disrupt wildlife; whether the mine owners were being truthful in their dealings with the residents, and the amount of traffic generated by the mine operations. Mr. Arnold and Mr. Straw answered the public's questions but did not seem to make much progress in addressing the resident's concerns and objections. The meeting adjourned at approximately 6:40; the applicant team volunteered to stay longer to respond to additional questions and or concerns. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed this staff report on October 30, 2023. CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 873 9.A.4.a RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPQ approve Petition CU- PL20220006213 subject to the list of conditions contained as part of the resolution in Attachment 1. Eight of the original conditions have been deleted as they have been met. Two new conditions approval have been added; one dealing with notification of residents prior to blasting and one emphasizing that no earth mining or extraction could occur on Sending Lands in the RFMUO. Attachments: Attachment 1 - Draft Resolution with Conditions of Approval Attachment 2 - Proposed Conditions of Approval in Trach Changes with Justifications Attachment 3 - Applicant's Backup Materials, including NIM materials. Attachment 3 - Legal Ad and Signs Posting Photos CU-PL20220006213, SR 846 LAND TRUST MINE P Packet Pg. 874 9.A.4.b Attachment 1 Proposed Resolution with Conditions of Approval Packet Pg. 875 9.A.4.b RESOLUTION NO.24 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO. 2012-15, TO AMEND AND EXPAND A CONDITIONAL USE FOR EARTHMINING WITH EXCAVATION, BLASTING, AND PROCESSING OF MATERIAL, PURSUANT TO SECTION 2.03.01.A1.c.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, ON PROPERTY ZONED RURAL AGRICULTURAL DISTRICT (A) WITH A MOBILE HOME OVERLAY (MHO), WITHIN THE RURAL FRINGE MIXED USE ZONING OVERLAY DISTRICT (RFMUO) — RECEIVING LANDS, CONSISTING OF 2,560 ACRES LOCATED AT 16000 IMMOKALEE ROAD, ON THE EAST SIDE OF IMMOKALEE ROAD APPROXIMATELY TWO MILES NORTH OF OIL WELL ROAD, IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND SECTIONS I AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. (PL20220006213) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, the Board of Zoning Appeals approved Resolution No. 99-420 which provided for the establishment of a conditional use providing for earthmining, excavation, and related processing; and WHEREAS, Resolution No. 99-420 was subsequently amended by Resolution Nos. 06- 15E (allowing blasting material) and 06-264 (correcting scrivener's error), and Resolution No. 07-274 (expanding boundaries) amended and repealed the prior resolutions; and WHEREAS, Resolution No. 07-274 was subsequently amended by Resolution No. 08- 12E (amending conditions), and Resolution No. 08-290 (amending conditions) amended and repealed prior resolutions; and WHEREAS, Resolution No. 2012-15 (amending conditions) amended and repealed prior resolutions; and [23-CPS-02321/1821935/11 PL20220006213 - 10/16/2023 Page 1 of 2 C.R. 846 Land Trust Earth Mine Packet Pg. 876 9.A.4.b WHEREAS, the Board of Zoning Appeals ("Board"), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of amending and expanding the Conditional Use to allow earthmining with excavation, blasting, and processing of material within the Rural Agricultural District (A) with a Mobile Home Overlay (MHO), within the Rural Fringe Mixed Use Zoning Overlay District (RFMUO) - Receiving Lands, pursuant to section 2.03.01.A.1.c.1 of the Collier County Land Development Code on the property hereinafter described, and the Collier County Planning Commission has made findings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: Petition Number CU-PL20220006213 filed by D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing 27th/Pico Boulevard Limited Partnership, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for an amended and expanded Conditional Use to allow earthmining with excavation, blasting, and processing of material within the Rural Agricultural District (A) with a Mobile Home Overlay (MHO), within the Rural Fringe Mixed Use Zoning Overlay District (RFMUO) - Receiving Lands, pursuant to section 2.03.01.A.1.c.1 of the Collier County Land Development Code, in accordance with the Conceptual Master Plan described in Exhibit "B" and as set forth in the Conditions of Approval described in Exhibit "C"; and Resolution No. 2012-15 is hereby amended accordingly. Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this 11 1 This Resolution adopted after motion, second, and super majority vote of the Board of Zoning Appeals of Collier County, Florida, this 9th day of January 2024. ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Derek D, Perry�,� Assistant County Attorney [23-CPS-02321 / 1821935/1 ] BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Chris Hall, Chairman Attachments: Exhibit "A" — Legal Description Exhibit "B" — Conceptual Master Plan Exhibit "C" — Conditions of Approval PL20220006213 - t0/16/2023 Page 2 of 2 C.R. 846 Land Trust Earth Mine Packet Pg. 877 Exhibit "A" Legal Description ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS I AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. Packet Pg. 878 9.A.4.b Exhibit "B" Conceptual Master Plan Packet Pg. 879 9A.4� i SLA-ST ZONE 0 a P SE ! 0 ?ROJECT, 846 LAND TRUST EARTH '• !I-i CLIENT: R. 846 LAND TRUST wilsollill n r /�+wn . c.:Qhi«► • Feo4y6y . su+�rarf Z,nd.c p..lcAn:: •r • !:an�Auviian c�rtfWhnn ►ee kwisonMr'AE:, .1c. i Oka+ p�rw 777Elrl.rrnr fuiL'7f • Na04p f,arfni0ES•lSEI . AW 77v1+1761 • Fu :3:114401 A'.}sy -wv.�banwYW.+N Ml NO BLAST ZONE AST ZONE 47++a 27 M-000.000 ..a -- ---- EXHIBIT "B" _ -._ Packet Pg. 880 I 9.A.4.b I 7 w ItT 00Of �Lu U- U LL ❑ Co a oa- wQ LU U O w H W 0 z a J z a FAWN LANE u_ 20` WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) / T/ , 7`7TT r/ 7 7'T1 � PHASE II EDGE OF WATER I -BLAST PHASE 1 EXISTING LAKE `L c7 z. t`= X UJI U. a �a ao / z 58TH AVE NE ' ul d M 4; W cm /! 52ND AVE NE i k, WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) w w z z PROJECT tr BOUNDARY 47TH AVE NE _ w IN r N G/i j� { ra dyNcli n o r 0, C A, All a 1 kSwlcra . PA. :tent/ tlo Ilel Nry Iknri.r Sgrl W. Moo. 3+134 Chit Enginc(!m . Land Sumeyurs . Planners . landscape Architects EerL.-M1%kh F:e I. 1.91}I C,d nr Wh L900051rl auxin 1,c NA 7bb Bonlm Ljw1nk,: 239,447 1144 u.. n. l7rarly7III Ro V. r,) at PouNlyeIN: 239.11004300 NO BLAST ZONE BLAST ZONE C. R 846 LAND TRUST EARTH MINE BLAST ZONE EXHIBIT REVISED OCTOBER 9, 2023 I 0 10002000 SCALE: V = 2000' 'NHEN PLOTTED R; 8.5" X 1 V - Packet Pg. 881 9.A.4.b Exhibit "C" Conditions of Approval Packet Pg. 882 9.A.4.b SR 846 Land Trust Earth Mine (PL20220006213) Conditions of Approval This approval is conditioned upon the following stipulations because ef the close pi:exim4y to Golden Gate GENERAL CONDITIONS: 1. Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The storm water runoff quality will 54�not be affected by wit4-the proposed excavation area expansion. 3. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment, then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded i.e. if the equipment is 10 feet high then a 10-foot-hi h berm is required). The berm shall be installed within six (6) months of other large equipment relocation throughout the site 4. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 5. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government, and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation --of Collier County Ordinance No. 04-55, as amended_ 6. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday stuFbanrn n e to the S RdnAg r sidenti al n .,AY a If the r'euFl+.. The hours of blasting shall be regulated by stimulation number 2-328. 7. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 8. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. September26, 2023 © GradvNlinor Page I of 6 Conditions of Approval 1013-09-26.docx Cr, d Eng-inrrr, • Lxid Sam -tarn • I'lannem 1, wd .,pr 5n f1r11 4 !I l), Gra(ly Minor & Associates, P.A. 3800 Via Del Roy, Bonita Spring!,,. FL 34134 • 239-947-1 1 1 • enotnecringftradyminor.cnnl • 11WVA'.rl'adN[11111uA'XoIIl Packet Pg. 883 9.A.4.b 9. Upon completion of excavation activities. all buildings, eauinment. buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the c reclamation process. ENVIRONMENTAL/BUFFERS: w N 7 i 10. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be maintained 44&ta4ed along the perimeter of the operation adjacent to the residential structures = immediately , appFeya! of this r r,a:tkH% I eto insure the noise reduction is addressed. J Mulch berms shall not be permitted as part of the buffers. 000 w CO 11. An approved indigo snake plan is required to be implemented prior to beginning any M construction including site clearing. The name and contact information of a _qualified biologist c who will monitor work shall be supplied to Environmental Services Department staff at the c pre -construction meeting or prior to excavation permit approval. c N 12. Evidence of U.S. Fish and Wildlife Service FWS and Florida Fish and Wildlife Conservation J a Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black CO bear and other listed species will be required prior to excavation permit approval. This N condition applies only to expanded Phase 2 area; Condition met for Phase 1. 0 13. An updated listed species survey less than 6 months old is required for areas of expanded a Phase 2 excavation prior to issuance of an excavation permit for the expanded Phase 2 area. Q As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining 0 block will be conducted between 60 and 180 days prior to commencement of any mining c related activity through the life of the proiect. The applicant shall submit a copy of these surveys to Development Review Division DirectorEnyirewmeFital SeFymees DepaFt.Y,o.,+ taff = 0 _ U 14. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not t 3 include the minimum required vegetated width, a replanting plan will be reguiree# tke + o d e..., .v,;+ ., 0 15. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase_ of the proiect as required by FDEP Permit #0271820-001. o Q. 0 L 16, Additional information provided by FWC staff regarding impacts of blasting owl go a embryo formation shall be forwarded to the Development Review Division Director Z r. mn: ++ :r.f ., The ,rm�+:r fr m +L,n Clh!/ shall �e r :rind +n +4,r. ..1:r .�+ . e- _ N E i TRANSPORTATION: Q 17. A one dollar ($1.00) per heavy loaded truck exiting 4e„e?—PA the site shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This E surcharge will expire when the property is rezoned or the conditional use has been 0 terminated. a September2b, 2023 Conditions ofApproval 2023-09-16.docx Packet Pg. 884 ,/ 9.A.4.b 18. Each year thereafter, the owner shall provide a report to the Collier County Transportation Management Services Department-D i� which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trims eriterine and exitine the earth mine. 19, The conditional use shall be limited to 800 maximum loaded trips per days* *",� seuthbeuHd passing lase is eenstrueted. GRee the geuthbound laRe ha5 been installed_, -ips shall he 1 4— BLASTING: �20. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3721. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4:22. The local damage contact will be Mr. Barry Blankenship at (513) 260-7961 or bblankenship@geusa.cornMr. Damon jE)Res at 239 inn 1 506 eF ii o , ,araR row �23, To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6.24. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 7-.25. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 8.26. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. September 26, 2023 Pow 3 of 6 ConditiorsofApprovai2023-09-26.dou Packet Pg. 885 9.A.4.b 10.11. r r 4,5--.27. Blasting is allowed only within the Blast Zone "D^rrAitted- ' Pk^ RA-URPIRF as shown on the Blast Zone ExhibitEe,Tditie;,lss+tePlan phase-1-ate;'. 39L.-28 The hours of blasting shall be limited to 9:00 AM. to 4:00 P.M. Monday through Friday - Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. September 26, 2023 Conditions of Appro vat 2023-09-26.docx Packet Pg. 886 9.A.4.b be Femoved within six (6) MeRthS, LiRless such buildings and equipment will be used in tl:�e- 2-5-29. During each blast a seismograph machine shall be placed in three locations, at the northern property border closest to Fawn Avenue Lane and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52"' Avenue VE. and 58th Avenue N.E. 30. By January 15th of each year that the mine is in operation, the mine operator shall mail all property owners within one mile of the mine requesting,contact information should the property owner wish to be notified of when blasting is to occur. At any time individual property owners may request that their contact information be added to this list of owners. At least 24-hours prior to each blast, the mine operator will provide notices of each blast using two methods of notification provided by the property owner; via mail, email, text or phone call with the date and time window of the expected blast to this list of owners. September26, 2023 CanditionsofApproval2023-a9-26.docx Packet Pg. 887 9.A.4.b 3- 31. Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. HUSSEY SETTLEMENT AGREEMENT: 32. No earth mining and/or extractions shall occur on the SR 846 Sending Lands, pursuant to the Hussey Settlement Agreement, Case No. 08-CA-6933 origmally approved by Agenda Dated February 12, 2013. Item No. 12.6. September 26, 2023 ' f conditions of Approval2023-09-26.docx Packet Pg. 888 9.A.4.c Attachment 2 Proposed Conditions of Approval in Trach Changes and with Justifications Packet Pg. 889 9.A.4.c SR 846 Land Trust Earth Mine (PL2O220O06213) Conditions of Approval This approval is conditioned upon the following stipulations been se of the close n.-,,XOFFlity + Golden Gat E-St@te-s On G-elli.,,- Geunty. GENERAL CONDITIONS: 1. Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The storm water runoff quality will c-not be affected by the proposed excavation area expansion. 3. To lessen the potential for noise. damoenina of the rock crushinl? eauipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment, then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e., if the equipment is 10 feet high then a 10-foot-high berm is required). The berm shall be installed within six (6) months of excavating equipment relocation throughout the sitea313FOVal „f+h,- 4. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 5. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government, and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended. 6. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent dosturbanee noose to the surrounding residential property o If the Ceun+., of tuan shall be "muted to 7:00 nnn T., 6:00 P.M. Monday ay thFeu h Friday. The hours of blasting shall be regulated by stipulation number 2-328. 7. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 8. Excavation shall occur from the eastern boundary and work towards the western boundary a of the property. m E August28, 2023 © GradyMinor Page 1 of 6 r Conditions of Approval 2023-08-15.docx Q Civil Engincers • 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 Packet Pg. 890 9.A.4.c 9. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. ENVIRONMENTAL/BUFFERS: 10. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be maintained 0nstafled alone the perimeter of the oaeration adiacent to the residential structures to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 11. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 12. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. This condition applies only to expanded Phase 2 area; Condition met for Phase 1. 13. An updated listed species survev less than 6 months old is reauired for areas of expanded Phase 2 excavation prior to issuance of an excavation permit for the expanded Phase 2 area. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the protect. The applicant shall submit a copy of these surveys to Development Review Division DirectorEnvirenmental c,,.-.,oges Dejg ,r+.,.,,,r+ s+a# 14. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required m the excavatoGn-per-R*. 15. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase of the project as reauired by FDEP Permit #0271820-001. 16. Additional information provided by FWC staff reeardine impacts of blastine on burrowine owl embryo formation shall be forwarded to the Development Review Division Director. Th .,f.,r.,, ,+ ., , f..,m the PAIL r6,-,II be .J .J +., the @131.,I . ,+ U13OR Fee ,+ TRANSPORTATION: 17. A one dollar (51.00) per heavv loaded truck exitine Tenes—Dit the site shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. August 28, 2023 Page 2 of 6 Conditions of Approval 2023-08-15.docx Packet Pg. 891 9.A.4.c 18 first anniversary dot of BZA approval and continuing eachEach year theFea teethe owner shall provide a report to the Collier County Transportation Management Services Department-D+visk)-p which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trios entering and exiting the earth mine. 19. The conditional use shall be limited to 800 maximum loaded trios Der da BLASTING: 2-.20. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3-21. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4.22. The local damage contact will be Mr. Barry Blankenship at (513) 260-7961 or bblankenship@geusa.comMF Damen j9Res at 239 304 1506 eF llie-- g,.,-, gat -5-.23. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6.24. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 7--.25. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast 8-26. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. August 28, 2023 Page 3 of 6 Conditions of Approva12023-08-15.docx Packet Pg. 892 9.A.4.c 4-5727. Blasting is allowed only within the Blast Zone "o,,,-,.,. fitted Lake R—A—un,,-,.., as shown on the Blast Zone Exhibited+t+enal Use Master Site Plan Phan 1 d " 44728 The hours of blasting shall be limited to 9:00 AM. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. August 28, 2023 Page 4 of 6 Conditions of Approva12023-08-15.docx Packet Pg. 893 9.A.4.c �.. .. •.. 24. Upon completion of excavation activities, all buildings, equipment, buffers and berms sha-4 hp rpmAwppl within six (6) MeRthS, unless such buildings and equipmeRt Wall —hP— I—ISP-9-1 iR tl4e 2-5729. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue —Lane and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52 d Avenue N.E. and 58th Avenue N.E. 30. By January 15th of each year that the mine is in operation, the mine operator shall mail all property owners within one mile of the mine, requesting contact information should the property owner wish to be notified of when blasting is to occur. At any time, individual property owners may request that their contact information be added to this list of owners. At least 24-hours prior to each blast, the mine operator will provide notices of each blast using two methods of notification provided by the property owner; via mail, email, text or phone call with the date and time window of the expected blast to this list of owners. August 28, 2023 Page 5 of 6 Conditions of Approva12023-08-15.docx Packet Pg. 894 9.A.4.c 3-7�31. Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. HUSSEY SETTLEMENT AGREEMENT: 32. No earth mining and/or extractions shall occur on the SR 846 Sending Lands, pursuant to the Hussey Settlement Agreement, Case No. 08-CA-6933, originally approved by Agenda Dated February 12. 2013. Item No. 12.13. August 28, 2023 Page 6 of 6 Conditions of Approva12023-08-15.docx Packet Pg. 895 9.A.4.c SR 846 Land Trust Earth Mine (PL20220006213) Conditions of Approval Justification The document has been reorganized to group the conditions into categories at the request of staff. This approval is conditioned upon the following stipulations because of the ells P.-,,.,;., ity t9 GGI,I A GiA Estates un Gell*eF County. GENERAL CONDITIONS: Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The storm water runoff quality will knot be affected by wit-h-the proposed excavation area expansion. JUSTIFICATION: Previously approved condition #12. 3. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation Droaerties/enclosures around the motors of the eauipment. If attenuation enclosures are not able to be achieved for other large equipment, then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e., if the equipment is 10 feet high then a 10-foot-high berm is required). The berm shall be installed within six (6) months of excavating equipment relocation throughout the siteapproval of this eendutuen4-u�. JUSTIFICATION: Previously approved condition #14. Last sentence deleted as this portion of the condition has been met. 4. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. JUSTIFICATION: Previously approved condition #16. 5. The minine operations shall be conducted in compliance with the laws of the State of Florida Collier County Government, and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended. August28, 2023 W GradyMinor Page 1 of 9 Conditions of Approval - Justification 2023-08-15.docx 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 Packet Pg. 896 9.A.4.c JUSTIFICATION: Previously approved condition #17. 6. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noose to the surrounding residential property owners. If the Coun+— Feeeives any . + r aF daRg the r ee freers the r e k e shing e nt sheen the hee� ors of ration sh-,II he, limited to 7:00 AM. To 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 2-328. JUSTIFICATION: Previously approved condition #18. This condition has been modified because hours of operation are set for more reasons than just prevention of disturbance noise; hours of operation don't 'prevent' disturbance noise; if there are complaints the County can take whatever action it elects to adjust hours of operation. 7. The maximum allowable depth of the excavation shall be 45 feet or to the confining I whichever is shallower. JUSTIFICATION: Previously approved condition #20. 8. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. JUSTIFICATION: Previously approved condition #21. 9. Upon completion of excavation activities, all buildings be removed within six (6) months, unless such buildin reclamation process. JUSTIFICATION: Previously approved condition #24. ENVIRONMENTAL/BUFFERS: equipment, buffers and berms shall and eauipment will be used in the 10. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be maintained ip&taf4ed along the perimeter of the operation adjacent to the residential structures diateel„ UPeR all eef+his .p.d4 een- I , � to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. JUSTIFICATION: Previously approved condition #13. The deleted portion of the condition has been met. August 28, 2023 Page 2 0 9 Conditions of Approval - Justification 2023-08-15.docx Packet Pg. 897 9.A.4.c 11. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be suaalied to Environmental Services Deaartment staff at the JUSTIFICATION: Previously approved condition #27. 12. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. This condition applies only to expanded Phase 2 area; Condition met for Phase 1. JUSTIFICATION: Previously approved condition #28. 13. An uadated listed species survev less than 6 months old is reauired for areas of expanded Phase 2 excavation prior to issuance of an excavation permit for the expanded Phase 2 area. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Development Review Division DirectorR-.R.,;r^Rrr,^R+-,I cPry;,.Pr, n r + ., n+ st4f JUSTIFICATION: Previously approved condition #29. 14. Veeetated buffers shall be maintained around all wetlands. If anv of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required the e +ir ., .,, + JUSTIFICATION: Previously approved condition #30. 15. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase of the groiect as required by FDEP Permit #0271820-001. JUSTIFICATION: Previously approved condition #32. 16. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the Development Review Division Director. Th .,f.,rw, ,+ .. , FrAm +hp PAIL rh-,II be J J +.. the @131.,I . ,+ U13GR Fee ,+ JUSTIFICATION: Previously approved condition #35. The deleted portion of the condition has been met. August 28, 2023 Page 3 of 9 Conditions of Approval - Justification 2023-0S-15.docx Packet Pg. 898 9.A.4.c TRANSPORTATION: 17. A one dollar ($1.00) per heavy loaded truck exiting �� the site shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been tprminatprl JUSTIFICATION: Previously approved condition #9. 18 rst—ARRiveFsaFy date Aef. n7n al Rd RtaRUaRg Each year thereafter, the owner shall provide a report to the Collier County Transportation Management Services Departmentrt which will include the condition of the roadway adiacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. JUSTIFICATION: Previously approved condition #11. The deleted portion of the condition has been met. 19. The conditional use shall be limited to 800 maximum loaded trips per clay-4� JUSTIFICATION: Previously approved condition #23. The deleted portion of the condition has been met. RI ocTinir,- 2-.20. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3-21. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4.22. The local damage contact will be Mr. Barry Blankenship at (513) 260-7961 or bblankenship@geusa.comMF Damen j9Res at 239 inn 1506 eF llie-- g,.,-, gat JUSTIFICATION: Updated current contact information. -5,23. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6-.24. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. August 28, 2023 Page 4 0 9 Conditions of Approval - Justification 2023-08-15.docx Packet Pg. 899 9.A.4.c 7--.25. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast 8-26. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. JUSTIFICATION: This condition has been moved to the "TRANSPORTATION" section. JUSTIFICATION: This condition has been met. JUSTIFICATION: This condition has been moved to the "TRANSPORTATION" section. JUSTIFICATION: This condition has been moved to the "GENERAL CONDITIONS" section. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. August 28, 2023 Page 5 0 9 Conditions of Approval - Justification 2023-08-15.docx Packet Pg. 900 9.A.4.c JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. 4-5727. Blasting is allowed only within the Blast Zone "Pe.r...i.tted 1 - ke R-&,ndar;. as shown on the Blast Zone Exhibit o d+t+enalUse Master Site Plan Phase 1 and ". JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. 44728 The hours of blasting shall be limited to 9:00 AM. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. August 28, 2023 Page 6 0 9 Conditions of Approval - Justification 2023-08-15.docx Packet Pg. 90, 9.A.4.c JUSTIFICATION: This condition has been met. JUSTIFICATION: This item was moved to the "TRANSPORTATION" section. . rssnTs �smr.■��n JUSTIFICATION: This item was moved to the "GENERAL CONDITIONS" section. 2-15,29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue Lane and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. 30. By January 15th of each year that the mine is in operation, the mine operator shall mail all property owners within one mile of the mine, requesting contact information should the property owner wish to be notified of when blasting is to occur. At any time, individual property owners may request that their contact information be added to this list of owners. At least 24-hours prior to each blast, the mine operator will provide notices of each blast using two methods of notification provided by the property owner; via mail, email, text or phone call with the date and time window of the expected blast to this list of owners. August 28, 2023 Page 7 of 9 Conditions of Approval -Justification 2023-08-15.docx Packet Pg. 902 9.A.4.c JUSTIFICATION: This condition has been met. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This condition has been met. Excavation permit issued. Rsr_*s��r1r_��aner�rra�■:ea�xi�rs�:�:��:r_�asssr_r■ensue August 28, 2023 Page 8 of 9 Conditions of Approval -Justification 2023-08-15.docx Packet Pg. 903 9.A.4.c JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This item has been deleted because these are all the conditions effecting the CU and contain any conditions from the original CU. JUSTIFICATION: This condition has been met; 5 years have passed. JUSTIFICATION: This condition has been moved to the "ENVIRONMENTAL/BUFFERS" section. JUSTIFICATION: This condition has been met. No further permits needed that require expediting. 3-7�31. Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. JUSTIFICATION: This condition is duplicative, see Condition #27. HUSSEY SETTLEMENT AGREEMENT: 32. No earth minine and/or extractions shall occur on the SR 846 Sendine Lands. pursuant to the Hussey Settlement Agreement, Case No. 08-CA-6933, originally approved by Agenda Dated February 12, 2013, Item No. 12.B. August 28, 2023 Page 9 of 9 Conditions of Approval -Justification 2023-08-15.docx Packet Pg. 904 9.A.4.d Attachment 3 Applicant Backup Documentation and NIM Materials Packet Pg. 905 GradyMinor 9.A.4.d Civil Engineers • Land Surveyors • Planners • Landscape Architects February 28, 2023 Mr. Eric Ortman Collier County Growth Management Department 2800 North Horseshoe Drive Naples, FL 34104 RE: SR 846 Land Trust Earth Mine CU (PL20220006213), Submittal 1 Dear Mr. Ortman: An application for a Conditional Use (CU) is being filed electronically for review. The subject property is 2,560+/- acres in size and is located at 16000 Immokalee Road. The SR 846 Land Trust Earth Mine was approved in 2004 and amended in 2006, 2007, 2008 and 2012. The mine has been operating in accordance with the Conditional Use Resolutions since 2005. Blasting has been approved for the mine in the locations shown on the Blast Area Exhibit. The hard rock deposits in the area are not precisely known; however, based on the blasting data to date, the applicant is proposing to modify the blast area for the mining operation to be a consistent 1,300 feet from the mine property boundary. the blasting expert has concluded that the blast area can be expanded without impact to surrounding property owners. The conditions previously established for the blast frequency and size of the explosive load are proposed to remain unchanged. Documents filed with submittal 1 include the following: 1. Cover Letter 2. Application for Conditional Use 3. Evaluation Criteria 4. Pre-app Notes 5. Affidavit of Authorization 6. Addressing Checklist 7. Property Ownership Disclosure Form 8. Warranty Deed(s) 9. Boundary Survey 10. Previous Approvals 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.gradvminor.com Packet Pg. 906 Mr. Eric Ortman RE: SR 846 Land Trust Earth Mine CU (PL20220006213), Submittal 1 February 28, 2023 Page 2 of 2 11. Conditions of Approval 12. Blasting Summary 13. Blast Zone Exhibit 14. Aerial Photograph 15. Environmental Waiver Request 16. TIS Waiver Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: 1370 South Ocean, LLC GradyMinor File (846MCU-22) 9.A.4.d Packet Pg. 907 CoUiev County 9.A.4.d ,COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliereov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE LDC Section 10.08.00 & Code of Laws section 2-83 — 2-90 Chapter 3 CA of the Administrative Code PETITION NO (PL) PROJECT NAME To be completed by staff DATE PROCESSED ❑■ A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS ❑ A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): 27TH/Pico Boulevard Ltd Partnership Name of Applicant if different than owner: Address: 95 North County Road Telephone: (239) 908-1107 Cell: 1370 South Ocean, LLC City: Palm Beach State: FL E-Mail Address: donaidschrotenboer@comcast.net Name ofAgent(s): D. Wayne Arnold, AICP Firm: Q. Grady Minor & Associates, P.A. 1 Address: 3800 Via Del Rey Telephone: 239-947-1144 Fax: ZIP: 33480 1 Richard D. Yovanovich, Esq Coleman, Yovanovich & Koester, P.A. City, Bonita Springs State: FL Cell: Fax: ZIP: 34134 E-Mail Address: warnold@gradyminor.com l ryovanovich@cyklawfirm.com BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. 5/08/2018 Page 1 of 12 Packet Pg. 908 Coder County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net ASSOCIATIONS 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: Golden Gate Estates Area Civic Association Mailing Address: 2631 4th St NW City. Naples State: FL Name of Homeowner Association: _ Mailing Address: City: State: _ Name of Homeowner Association: Mailing Address: City: State: _ Name of Homeowner Association: Mailing Address: City: State: _ Name of Homeowner Association: Mailing Address: ZIP: 34120 ZIP: ZIP: ZIP: City: State: ZIP: PROPERTY INFORMATION On separate page, 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 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. Property I.D. Number: 0011W0009,00113520008.00209200009&00209240001 plat Book: N.A. Page #: N.A. Section/Township/Range: 35—.01802 /47, 48 /27 Subdivision: N.A. Lot: N.A. Block: N.A. Metes & Bounds Description: See Boundary Survey Size of Property: i056°"-ft. x 10,560+1- ft. _ s11.513-600-1- Total Sq. Ft. Acres: 2,560+/- Address/ General Location of Subject Property: 16000 Immokalee Road. East side of Immokalee Road approximately 2 miles north of Oil Well Road. 5/08/2018 Page 2 of 12 Packet Pg. 909 CoAr County 9.A.4.d 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 A [RFMUO-NEUTRAL] Residential S E Residential E E Residential W A (RFMO-RECEIVING) and A [RFM00-NRPA-SEN0ING] Residential If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) 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. CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the A zoning district for ** see below (type of use). Present Use of the Property: Earth Mining with Excavation of Fill Material **Use 1 of Section 2.03.01(A)(1){c} of the Land Development Code, continued use of the existing Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 5/08/2018 Page 3 of 12 Packet Pg. 910 CoUiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 EVALUATION CRITER!A Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affectthe public interest and thatthe specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. C. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. e. Please provide any additional information which you may feel is relevant to this request. 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. 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? Q No ❑ Yes (If yes please provide copies.) 5/08/2018 Page 4 of 12 Packet Pg. 911 Co[Iiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): 1370 South Ocean, LLC Address: 95 North County Road Telephone: (239) 908-1107 Cell: City: Palm Beach State: FL E-Mail Address: donaldschrotenboer@comcast.net Address of Subject Property (If available): Fax: 16000 Immokalee Road City: Naples State: FL ZIP: 34120 LEGAL DESCRIPTION Section/Township/Range:� 48 Lot: N.A. Block: N.A. Subdivision: N.A. ZIP: 33480 Plat Book: N.A. page #: N.A. property I.D. Number: 00113480009, 00113520008, 00209200009 & 00209240001 Metes & Bounds Description: * (*See Boundary Survey) TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a. County Utility System ❑ b. City Utility System ❑ C. Franchised Utility System ❑ d. Package Treatment Plant ❑ e, Septic System 0 Provide Name:. (GPD Capacity): TYPE OF WATER SERVICE TO BE PROVIDED a. County Utility System ❑ b. City Utillty System ❑ C. Franchised Utility System ❑ d. Private System (Well) x❑ PROVIDE NAME Total Population to be served: Not applicable - No increase in intensity or density Peak and Average Daily Demands: A. Water -Peak: Average Daily: B. Sewer -Peak: Average Daily: 5/08/2018 Page 5 of 12 Packet Pg. 912 co[Iiev county 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: Existing connection 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. 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. N.A. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project rs 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. 5/08/2018 Page 6 of 12 Packet Pg. 913 co[Iiev county 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer 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 F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. 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. 5/08/2018 Page 7 of 12 Packet Pg. 914 CoUiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-5358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑■ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. 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 time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review # Of Copies Required Not Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project 1 ✓ Pre -Application Notes 1 L✓i Li Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist 1 ® ❑ Property Ownership Disclosure Form 1 ® ❑ Warranty Deed(s) 1 �/ Boundary Survey 1 ✓ Conceptual Site Plan 24" X 35" plus (one 8 % X 11 copy) ❑ ✓ Plans showing proposed location for utilities, if required ❑ I I✓ Plans for screening and buffering the use with reference as to type, dimensions, and character, if required ❑ ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ ❑ Plans showing the proposed signs and lighting, including type, dimensions, and character, if required ❑ ❑❑ Architectural Rendering of Proposed Structure(s), if applicable 1 Q 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 (with all required attachments & sketches) 1Li ✓ Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1U ✓ Traffic Impact Study (TIS) or waiver 1 ❑✓ Historical and Archeological Survey, or waiver 1 ✓ Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 ❑✓ ❑ * If located in the Bayshore/Gateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 915 CoUiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: • Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: ❑ Bayshore/Gateway Triangle Redevelopment; Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay ❑ Conservancy of SWFL: Nichole Johnson ❑ GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering: Eric Fey ❑ Parks and Recreation: Barry Williams ❑ Immokalee Water/Sewer District: ❑ Other: ❑ School District (Residential Components): Amy Lockheart Communication Towers: ❑ I Mosquito Control I ❑ I Collier County Airport Authority ❑ I Naples Airport Authority Commercial Min 5/08/2018 Page 9 of 12 Packet Pg. 916 Coder County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners - Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5'h and subsequent reviews: 20% of original fee ❑ Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 __ Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 — Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 - Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees ore 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. 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. All checks payable to: Board of County Commissioners. 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 12/20/2022 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) 5/08/2018 Page 10 of 12 Packet Pg. 917 Co[Iiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner's receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. 5/08/2018 Page 11 of 12 Packet Pg. 918 CoUiev County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collierizov.net 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX. (239) 252-5358 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: • Date, time, and location of the hearing; • Description of the proposed land uses; and • 2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAQ The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPQ The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing 5/08/2018 Page 12 of 12 Packet Pg. 919 9.A.4.d SR 846 Land Trust Earth Mine (PL2O22OOO6213) Evaluation Criteria Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff's recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. Narrative The SR 846 Land Trust Earth Mine was approved in 2004 and amended in 2006, 2007, 2008 and 2012. The mine has been operating in accordance with the Conditional Use Resolutions since 2005. Blasting has been approved for the mine in the locations shown on the Blast Area Exhibit. The hard rock deposits in the area are not precisely known; however, based on the blasting data to date, the applicant is proposing to modify the blast area for the mining operation to be a maximum of 1,300 feet from the mine property boundary. the blasting expert has concluded that the blast area can be expanded without impact to surrounding property owners. The conditions previously established for the blast frequency and size of the explosive load are proposed to remain unchanged. An exhibit identifying the existing blasting limits and proposed blasting limits has been prepared and is included in this conditional use application. a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. The subject properties are zoned A, Agriculture. In 2022 the County Commission approved the Immokalee Road Rural Village Overlay. This Comprehensive Plan Amendment authorizes the continued use of the property for all uses permitted per the Land Development Code for Agriculturally Zoned property; therefore, the mining operation is consistent with the Collier County Growth Management Plan. the evaluation of the approved Conditional Use reviews all elements of the Growth Management Plan and was deemed to be consistent. Modification of the limits where blasting is permitted for the mining activity has no impact on consistency with the plan. Wildlife management Plans have been prepared for the site and remain current for the mining operation. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Ingress and egress to the overall site exists from Immokalee Road. Access points to the a, properties are identified on the Conditional Use Site Plan and will remain unchanged. The r February 21, 2023 W GradyMinor Page 1 of 2 Q Evaluation Criteria. docx Chill 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 Packet Pg. 920 9.A.4.d increase in areas of the approved mine where blasting may occur will have no impact to the volume of traffic or safety for ingress and egress to the property. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. The Conditional Use proposes to modify the allowable area on -site where blasting may occur. No modifications to the blasting protocols are proposed. The project's blasting expert has prepared a report discussing how the modified blast area will have no anticipated. impact to the homes that will be a minimum of 1,300 feet away, based on the Geosonics Report prepared for this Conditional Use. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district. The mining operation and blasting activity have been approved since 2004. The modification to the area where blasting may occur has been coordinated with the project's blasting expert who has analyzed the prior blasting activity and determined that by maintaining a setback of a minimum of 1,300 feet from the mine property boundary there will be no negative impacts to nearby homes or wells. The explosive charge will remain at the level previously approved as will other operational standards related to the mining activities. e. Please provide any additional information which you may feel is relevant to this request. A recent report prepared by Geosonics regarding the proposed modification to the boundary of the blasting activity is included in this application. the increased area within the approved mine will have no impact to the previously approved environmental or transportation conditions, as the change to the permitted blasting areas will not result in any new environmental impacts, nor a change in the number of truck trips associated with the mining activity. February 21, 2023 Page 2 o 2 Evaluation Criterio.docx Packet Pg. 921 Co er County 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPL€S, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Assigned Planner: Pre -Application Meeting Notes Petition Type: Conditional. Use j CU i Date and Time: Wednesday 10 / 12 / 2 2 at 3 : 0 0 om-- ZOOM Eric Ortman Engineering Manager (for PPL's and FP's): Project Information Project Name: SR 845 Land Trust. Earth Mine (CU} PL#: 20220006213 2.09200009,209240001 Property I❑ #: 113480009, 11352000�turrent Zoning: A -MHO RF'MUO-Receiving Project Address:1600 Immokalee City: Naples State: FL Zip: 34120 Applicant: Sharon Umpenhour - GradyMinor Agent Name: D _ Wayne Arnold, A1CP Phone. 239-947-1144 Bonita Springs, FL Agent/Firm Address: 3800 Via Del Rey City: State: 34134 Zip: Property Owner: 27th Pico Boulevard LTD PTNRoFlorida Blue Jay - Please provide the following, if applicable: Total Acreage: 2548 Approx. 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 1/12/2021 Page I 1 n* 5 Packet Pg. 922 Coder Count 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 Meeting Notes As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note — link is https://www.colIiercountyfl.clov/Home/ShowDocument?id=75093 04 N t r) G Fo' c © X M a Al �a.� # T i-cr ,t s] !V o 6 s - u G a . ►4 L,rz� — �nK,e•� �Lr��� -yh _�,N Vt rz.�ry ,�.��„�'x.c - C'r�► G r�n-or,� �. — S � �- rtJ� Grr-� +�73L L t s r 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(5),naplesgov.com Aliyson Holland AMH_o_lland(@naplesgay.com Robin Singer RS!nqer@naplesgov.com Erica Martin emartin(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 1/12/2021 Page 1 2 of 5 Packet Pg. 923 9.A.4.d Pre-aNotes CU-PL20220006213 SR 846 Land Trust Earth Mine — Eric Ortman Currently hasAg Base Zoning, and three overlays: MHO, RFMUO-Receiving, and the Immokalee Road Rural Village Overlay (IRRVO) which the BCC approved on 9-27-22_ Property may be partially within the Hussey Settiement Area. Applicant wishes to expand blasting area to the south and east but not increase the depth of the mining; no additional material will be hauled off -site. If the expansion is minimal, it may be possible to do a Conditional Use Review (CUR) instead of a CU, however EAC review might be required. If so, the petition would then go the BCC. Applicant wishes to clean up discrepancies between DEP and County Conditional Use permits. Collier County Growth Management Department Principal Planner, Zoning Division 2800 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-1032 Eric.Ortman@colliercountyfl.gov ?6- 6 E I Packet Pg. 924 9.A.4.d ThomasClarkeVEN From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Thomas, BrownCraig Wednesday, October 12, 2022 4:51 PM ThomasClarkeVEN *,0 ES RE: Pre-App for SR 846 Land Trust Earth Mine (CU) - PL20220006213 - ZOOM rr at 3:00pm Today Conditional Use checklist short REVISED 7-12-2016.doc Follow up Completed I'm not sure if it was decided that the Conditional Use was needed or not? So if they do need a Conditional Use, they will need to provide a narrative to explain compliance with CCME Policy 6.1 an+ Objective 7.1. In the narrative explain the history of the clearing for the mine. (Historic Aerial, permit approvals) state how the project is in compliance with LDC section 3.05.07. Provide the environmental data, so staff can be sure sensitive habitat is not proposed to be impacted. Craig Brown Principal Environmental Specialist Development Review Division (239)252-2548. How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, October 12, 2022 11:53 AM To: StoltsAnthony <Anthony.Stolts@colliercountyfl.gov>; AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>; Beard Laurie La u rie. Bea rd @ cot Iiercountyfl.gov>; BrownCraig <Craig.Brown@ coIIiercountyfl.gov>; Coo kJaime Jaime.Cook@colliercountyfl.gov>; CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colIiercountyfl.gova; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov>; MoscaMichele rMichele.Mosca@colliercountyfl.gov>; OrthRichard rRichard.Orth@colliercountyfl.gov>; HansenRachei <Rachel.Hansen @colliercountyfl.gov>; AshkarSally <Sally.Ashkar@coliiercountyfl.gov>; SawyerMichael Michael.Sawyer@colliercountyfl.gov>; Sammon5ean Sean.Sammon@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov> Cc: OrtmanEric <Eric.0rtman@coIlie rcountyfl.gov>; KlopfParker rParker.Klopf@cot Iiercountyfl.gov> Subject: Pre-App Research for SR 846 Land Trust Earth Mine (CU) - PL20220006213 - ZOOM mtg at 3:00pm Today Good Afternoon All, �"4(,-e �- 1\:�- t I Packet Pg. 925 9.A.4.d Environmental Checklist Conditional Use Project blame t79- 4 Z ifw rc T �F„- 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.A.2) Preserve Label- P546 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-1); 3.05.07.F; 3.05.07.H. t .d-e). Preserve Calculation - P547 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.I.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4) Preserve Selection- P550 7. Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 Additional Comments: T41- t,�-_ ?. P. a . Packet Pg. 926 9.A.4.d ThomasClarkeVEN From: KlopfParker Sent: Thursday, October 20, 2022 4:29 PM To: ThomasClarkeVEN Subject: RE: Pre -Application Meeting PL20220006213 - SR 846 Land Trust Earth Mine (CU) Comp planning notes: According to the FLUM the subject property is located within the receiving subdistrict of the rural fringe mixed use district overlay district. The proposed expansion of mining operations is listed as permitted use "s" in the permitted use section o the FLUE designation. It is therefore the determination of staff that the proposed expansion of mining operations is consistent with the GMP and will not require a GMPA. As part of the review criteria please address the following objective and policies: 3, 5.1, 5.6 Parker Klopf Cover Cntsrtty Collier County Growth Management Department Senior Planner 2900 North Horseshoe Drive Naples, FL 34104 Direct line: (239) 252-2471 Parker.klopf@colliercountvfl.eov Visir our Webiste at: WWW.COL LlERCOUNTYFL.GOV Tell us how we are doing by taking our Zoning Division Survey at http://bit.ly/CollierZoning. 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. Information contained in this email is subject to verification by the zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase/lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Applicatic for a Zoning Verification Letter can be found here: https://www.colliercountyfl.gov/homelshowdocument?id=69624 Zoning Certificate applications can be found here: https://www.colliercountvfl.gov/vour-government/divisions-f- r o erations-re ulator -many ement zonin -or-land-use-a lication zonin -other-land-use-a licatians . -----Original Appointment ----- From: Pre -Application Meetings<PreApplicationMeetings@colliercountyfl.gov> Sent: Monday, October 10, 2022 10:12 AM To: Pre -Application Meetings; KlopfParker; OrtmanEric; EastleyKatherine; BellowsRay; ThomasClarkeVEN; AnthonyDavid; r ArnoldMichelle; Ashton Heidi; Beard Laurie; BeddowShar; BosiMichael; Brad Jackson; BrownCraig; BullertBenjamin; Q CascioGeorge; ChachereKatherine; C1umFred; Coo Waime; CritchfieIdHoward; CrotteauKathyne11; Ctvrtnik5cott; Daniel c a� Zunzunegui; David Ogilvie; DeleonOmar; EstradaMaria; Faulkner5ue; FinnTimothy; ForesterDebrah; GibbonsMichael; E GibIinCormac; GosselinLiz; GrantKimberley; GundlachNancy; Hansen Rachel; HarringtonSarah; HumphriesAlicia; Impact Fee JacobLisa; JohnH0uIdsworthVEN; Johnson Eric; Kartolachary; KeIIyJohn; KurtzGeraId; LauraDeJohnVEN; LintzSean; a LulichPamela; Lynch Diane; MargaritaAcevedoVEN; MastrobertoThomas; McKennaJack; McLeanMatthew; Morton Mark; MoscaMichele; MoxamAnnis; Nawrocki5tefanie; NicholsonJoanna; OrthRichard; PajerCraig; PattersonAmy; Perryberek; PochmaraNatalie; RaineyJenniferA; ReitzDavid; RoeDavid; RosenblumBrett; SaboJames; Saieva Charity; 5 i Packet Pg. 927 Cotber County 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34144 www.colliercountvfl.gov (239) 252-2400 Meeting Notes tf I�'Iv►d,7"[�n i►vG - LA �Lc &I — aA) PA- 6-_ 3. I.t4 v t i2O a T T r o.v IGIi S' .c r,. - 5 t✓ c 4rt.1]SG�P� - 1 rI.IL e or.� - cSe p ���. ►'V ❑Te s Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applicant during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page 1 3 of 5 Packet Pg. 928 9.A.4.d ThomasClarkeVEN From: Beard Laurie Sent: Wednesday, October 12, 2022 3:19 PM To: ❑rtmanEric; ThomasClarkeVEN Subject: Pre -Application Meeting PL20220006213 - 5R 846 Land Trust Earth Mine [CU] Monitoring Department pre-app notes: The current conditional use has past due commitments A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi-annually for ongoing maintenani of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. The counts are due each month and the payments are due quarterly. The last count was received for March 2022 as well as the last payment. These counts are past due for the April through September counts and payment for April through September. (Quarters 2 and 3) Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. The annual Roadway Report was due in August for 2022. The new Conditional Use can not be approved until all counts, payments and reports are up to date. Please supply me with a new contact name and e-mail for reminders on a monthly basis. E-mail contact info to Laurie. Beard@coIIiercountyfl.gov. Thank you. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe drive Naples, FL 34104 Laurie. Beard (6�ColliiercountyFL, gov Phone: (239)-252-5782 �, b'�PR RYSFBVIHG ;1 2ow'g ?t_ 6--e- 3.4 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 Packet Pg. 929 9.A.4.d ThomaSClarkeVEN From: SawyerMichael Sent: Thursday, October 13, 2022 9:31 AM To: ThomasClarkeVEN, OrtmanEric Subject: Pre App Meeting Notes 5R 846 Land Trust Eric and Thomas, I had a meeting Conflict with your pre a p p and one with Trinity. Here are generic meeting notes far a Conditional Use Let me know if you have any questions. Thomas, Please check the TIS required box an the pre app checklist as well as methodology on the next page with a note that methodology will be by email to staff. Please also add the following notes: Transportation Planning: A new TIS is required for the proposed Conditional Use. Methodology meeting by ems required and provide note on TIS cover sheet that fee will be collected at time of CU submittal. Address all transportation elements of the GMP. Provide trip limit condition based on TIS using standard language: `The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based o, the use codes in the 1TE Man uol on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval." Respectfully, Michael sawyer Project Manager Transportation Management Services Department Transportation Planning 2685 South Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 iizicliaei.sa%4N-er.r ucolliercouiitvfl ov 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, 9.A.4.d ThomasClarkeVEN From: TempletonMark Sent: Wednesday, October 12, 2022 3:24 PM To: ThomasClarkeVEN Subject: RE: Pre-App Research for SR 846 Land Trust Earth Mine (CU) - PL20220006213 - ZOOM n at 3.00pm Today Hi Thomas, Landscape notes for this one below: Label buffers on the CU Master Plan. Approved resolution requires 20' Type B where abutting residential which appears tc be all of the North, East and South buffers. 20' Type D where abutting lmmokalee Rd. Respectfully, Mark Templeton, RLA Principal Planner/Landscape Review Co yer COUHty Development Review Division Exceeding Expectations, Every Day! NOM Email Address Has Changed 2800 North Horseshoe Drive, Naples Florida 34104 Phone: 239.252.2475 How are we doing? Please CLICK HERE to fill out a Customer Survey. We appreciate your Feedback! Disclaimer- this email is not to be interpreted as an endorsement or approval of any permit. plan, project, or deviation from Land Development Code. From: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Sent: Wednesday, October 12, 2022 11:53 AM To: StoltsAnthony <Anthony.StoIts @coIIiercountyfl.gov>; AshtonHeidi rHeidi.Ashton@colliercountyfl.gov>; Beard Laurie <Laurie.Beard@colliercountyfl.gov>; BrownCraig Craig.Brown@colliercountyfl.gov>; CookJaime Jaime.Cook@colliercountyfl.gov>; CrotteauKathynelirKathynell.Crotteau@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov>; FaulknerSue <Sue.Faulkner@colliercountyfl.gov>; SantabarbaraGino rGino.Santabarbara@colliercountyfl.gov>; MoscaMichele <Michele.Mosca@colliercountyfl.gov>; OrthRichard <Richard,Orth@colliercountyfl.gov>; Hansen Rachel <Rachel.Hansen@colliercountyfl.gov>; AshkarSally Sally.Ashkar@colliercountyfl.gov>; SawyerMichael <Michae!.Sawyer@colliercountyfl.gov>; SammonSean Sean.Sammon@colliercountyfl.gov>; TempletonMark <Mark.Templeton@colliercountyfl.gov> Cc: Ortman Eric < Eric.Ortman@colliercountyfl.gov>; KlopfParker rParker.Klopf@colliercountyfl.gov> Subject: Pre-App Research for SR 846 Land Trust Earth Mine (CU) - PL20220005213 - ZOOM rntg at 3:00pm Today Good Afternoon All, ?A- G--- Packet Pg. 931 9.A.4.dColv County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.calliercnuntyfl.Rav [239] 252-240Q Pre -Application Meeting Sign -In Sheet PL# 20220006213 Collier County Contact Information; Name Review Discipline Phone Email ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@coiliercountyfl.gov ❑ Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org Ray Bellows Zoning, Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov IL�Laurie Beard PUD Monitoring 252-5782 laurie.beard@colliercountyfl.gov li�xCraig Brown Environmental Specialist 252-2548 craig.brown@colliercountyfl.gov ❑ Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@coIIiercountyfLgov Thomas Clarke Zoning Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov ❑ Gabriela Castro Zoning Principal Planner 252-4211 gabriela.castro@colliercountyfl.gov ❑ Maggie DeMeo North Collier Fire 252-2308 pdemec@northcollierfire.com e_Ma►G :J. en- Utility Planning 252-1Q4-7 e4kh"y@coiliercountyfl.gov ❑ Tim Finn, AICP Zoning Principal Planner 252-4312 timothy.finn@coiliercountyfLgov ❑ Sue Faulkner GMP - Comprehensive Planning 252-5715 sue.faulkner@colliercountyfl.gov 1 Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov ❑ Storm Gewirtz, P.E. Engineering Stormwater 252-2434 storm.gewirtz@colliercountyfl.gov Cormac Giblin, AICP Development Review -Planning Manager 252-5095 Corrmc.giblin@colliercountyfl.gov ❑ Nancy Gundlach,AICP Zoning Principal Planner 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Rachel Hansen GMP —Comprehensive Planning 252-1142 Rachel.hansen@colliercountyfl.gov ❑ Richard Henderlong Zoning Principal Planner 252-2464 rich ard.hen derlon @collierWuntyfl.gov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Alicia Humphries Right -Of -Way Permitting 252-2326 alicia.humphries@colliercountyfl.gov 11 Anita Jenkins Planning & Zoning Director 252-5095 Anita.jenkins@colliercountyfi.gov ❑ John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov f-, Parker Klopf GM — Comprehensive Planning 252-2471 Parker.klopf@col lie rcou ntyf Lgov ❑ Troy Komarowski North Collier Fire 252-2521 tkomarowski@northcollierfire.com ❑ Sean Lintz North Collier Fire 597-9227 slintz@northcollierfire.com Diane Lynch Operations Analyst 252-8243 diane.lynch@colliercount fl.gov ❑ Thomas Mastroberto Greater Naples Fire 252-7348 thomas.mastroberto@collie rcount f1. ov F] Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfLgov Updated 1/12/2021 Page 1 4 of 5 Packet Pg. 932 Cofx er County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliercountyfl.gov (239) 252-2400 9.A.4.d ❑ Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov ❑ Michele Mosca, AICP Capital Project Planning 252-2466 michele.mosca@colliercountyfl.gov ❑ Richard Orth Stormwater Planning 2S2-5092 rchard.orth@colliercountyfl.gov Eric Ortman Zoning Principal Planner 252-1032 Eric.Ortman@colliercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek.perry@cal€iercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov ❑ Todd Riggall North Collier Fire 597-9227 triggall@northcollierfire_com ❑ Brett Rosenblum, P.E, Development Review Principal Project Manager 252-2905 Brett.rosenbIum@coIIiercountyfl.gov ❑ James Sabo, AICP GMP, Camp Planning Manager 252-2708 james.sabo@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov ❑ Corby Schmidt, AICP Comprehensive Planning 252-2944 corby.schmidt@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov ❑ P ter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfi.gov Pr�Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov ❑ Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@coliiercountyfl.gov ❑ Jessica Velasco Client Services 252-2584 jessica.velasco@colliercountyfl.gov ❑ Jon Walsh, P.E. Building Review 252-2962 ionathan.walsh@colliercountyfl.gov ❑ Kirsten Wilkie Environmental Review Manager 252-S518 klrsten.wilkie@coll'iercountyfl.gov ❑ Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@coll'iercountyfl.gov ❑ Daniel2unxunegua North Collier Fire 252-2310 1 Daniel.Zunzunegui@collie rcountyfI gov sN D spit w" T+-0-R0#CV x z Z 5 Additional Attendee Contact Information: Name Representing Phone Email Updated 1/12/2021 Page 1 5 of 5 Packet Pg. 933 Z 00 &1 SR 846 Land Trust Earth MineICU) - PL20220006213 - Planner: Eric Ortman & Agent: Wayne Arno ld-GradyMinor Wednesday 10/12/22 at 3:OOPM © Participants (15) — ❑ X Q find a participant 0 thomas clarke (Host. me) MDerek D. Perry, County Attorney's Office EricOrtrnan GradyMinor f. vPay Bellows. Zoning Manager Craig Brown Don Schrotenboer beard -I Z Craig Pajer - P L&6 c'c. Gino Santabarbara Jeff Straw © Katherine.Eastley Z 0 Mark Parker Klopf, Senior Planner 0 Sarah,Harrington Ask to Unmute Packet Pg. 934 9.A.4.d Applicant/Agent may also send site plans or conceptual plans for review in advance if desired, PL20220006213 - SR 846 Land Trust Earth Mine (W) Planner: Eric Ortman Assigned Ops Staff Thomas Clarice STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Sharon Umpenhour - GradyMinor 239-947-1144 sumpenhour@gradyminor.com ■ Agent to list for PL# D.Wayne Arnold,AICP — GradyMinor ■ Owner of property (all owners for all parcels) 271h Pico Blvd LTD PTNR % Florida Blue Jay • Confirm Purpose of Pre-App: PLID Rezone (PURR) Proposed Conditional Use (CU) to amend the existing CU site plan and revise a few of the conditions of approval. ■ Please list the density request of the project if applicable and number of homes/units/offices docks (any that apply): N/A ■ Details about Project: See Above REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Danny Condomina-Client Services Supervisor danny.condominaic3colliertnuntufl Phone: 239-252-6866 Created April 5, 2017 Location: K:\CDES Planning Services\CurrentlZoning Staff Information Packet Pg. 935 co 'er County 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliergov.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 Pre -Application Meeting and Final Submittal Requirement Checklist for: ❑ A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals ❑ A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 C.I. 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 time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review COp f Requires! Required Completed Application (download current form from County website) 1 ® ❑ Cover letter briefly explaining the project I 757 Pre -Application Notes 1 Affidavit of Authorization, signed and notarized 1 ® ❑ Completed Addressing Checklist I ® ❑ Pro e rty Ownershi p Disclosure Form 1 ® ❑ Warranty Deed(s) 1 ❑ Boundary Survey 1 Conceptual Site Plan 24" X 36" plus {one 8 Y2 X 11 copy) Plans showing proposed location for utilities, if required }� Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Ell © ❑ Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required ❑ Plans showing the proposed signs and lighting, including type, dimensions, and if required m © Elcharacter, Architectural Rendering of Proposed Structure(s), if applicable 1 ❑ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. T ® ❑ Statement of utility provisions (with all required attachments & sketches) 1 Environmental Data Requirements, pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearin s. Coordinate with project planner at time of public hearing. .S Q,, A; c)re-5 ❑ ❑ Listed Species Survey; less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study (TiS) or waiver �,�.� Grp i G+,raf3nri iFe 1 Historical and Archeological Survey, or waiver 1 Electronic copy of all documents and plans * Please advise: The Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. 1 � ❑ * If located in the BayshorelGateway Triangle Redevelopment Area, include an additional set of each submittal requirement 5/08/2018 Page 8 of 12 Packet Pg. 936 countyCO&V 9.A.4.d COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.collier ov.ne# 2800 NORTH HORSESHOE DRIVE NAPLE5, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: ■ Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. • Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the oeti#ion needs to be routed to the following additional reviewers: ❑ Ba ysh ore/Gateway Triangle Redevelopment: Executive Director ❑ Emergency Management: Dan Summers; and/or EMS: Artie Bay Conservancy of SWFL: Nichole Johnson GMD Graphics ❑ City of Naples: Robin Singer, Planning Director ❑ Utilities Engineering:.€xis Fey Parks and Recreation: Barry Williams Immokalee Water/Sewer District: ® other: ec --� ,l�D�2•atwi�.ew _ IC>t_ 04, r� ❑ School District (Residential Components): Amy Lockheart L?} VIR1.-� Communication Towers: ❑ Mosquito Control I ❑ I Collier County Airport Authority ❑ I Naples Airport Authority Commercial 5/08/2018 f'a ; 9 o f ;. ) Packet Pg. 937 Coder Count —awwo'�� COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colligEg2v.net 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 FEE REQUIREMENTS All checks payable to: Board of County Commissioners Pre -Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre -application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5" and subsequent reviews: 20% of original fee x Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2, 500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 v"' Transportation Fee, if required: 14.dThapataG r, py _FA a/ I- 0 Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 0 Major Study Review Fee: $1,500A0 Y Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.a0 Estimated Legal Advertising Fee for the 8ZA, if required. $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees ore 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. 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 thatfailure to include all necessary submittal information may result in the delay of processing this petition. All checks payable to: Board of County Commissioners. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2800 North Horseshoe Drive Naples, FL 34104 Agent/Owner Signature Agent/Owner Name (please print) Date 9.A.4.d 5/08/2018 Page 10 of 12 Packet Pg. 938 9.A.4.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220006213 1 Edward Leevan (print name), as PresldentofMilennlumHoldings ofCalifornla,Inc. asGeneral Partner (title, If applicable) of 27th/Pico Boulevard Limited Partnership (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. We/I authorize 1370 south ocean, LLC 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 core. 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 tated i it are true. , D-1-� -7�,)- 3 - Signature to STATE OF COUNTY OVA11169 ArC.J pS Thgforegoing instr ment was acknowleged before me by means of physical presence or ❑ online notarization this day of y 20 23 by (printed name of owner or qualifier) Edward Leavan as President Such person(s) Notary Public must check applicable box: 11 Are personally known to me as produced a current drivers license CR6/fnrN�� �,- Has produced as ' e Lion. NotarySignature.. — ZNA OMIJ.GUILLORY-ROBIN5041 Notary Public - California Los Angeles County f Commission 0 2417476 ,.o. My Comm. Expires Sep 22, 2026 CP\08-COA-00115\155 REV 3/4/2020 Packet Pg. 939 9.A.4.d AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S) PL20220006213 1 Jeff Greene (print name), as Manager (title, if applicable) of 1371) south ocean. LLc (company, If applicable), swear or affirm under oath, that l am the (choose one) owner= applicantQcontract 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 Q. Grady Minor & Associates, F.A. and Coleman. vovanovich and Koester, P.A. to act as Ouflmy 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. Ij �lJ- Signature ate STATE OF v ✓`, COUNTY OF H 1 // The foregoing instrument was acknowleged before me by means of P4ysical presence or ® online notarization this day of 20 �3 , by (printed name of owner or qualifier) Jeff Greene as Manager Such person(s) Notary Public must check applicable box: re personally known to me [� Has produced a current drivers license �� ft. Notary PubW Stets d Florida }�� Alberto A Urredlaga My commisslan GG 44 1 M Expires U111512024 ON 0 Has produced Notary Signature: CP%08-COA-001151155 REV 3/412020 as Packet Pg. 940 9.A.4.d Co Ter C;OUHty Growth Management Community Development Department ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - * LOCATION MAP and/or SURVEY showing the proposed project boundary. - List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre -approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] 00113480009, 00113520008, 00209200009 & 00209240001 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 35&36/47/27and 01&02/48/27 STREET ADDRESS(ES) where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre -Approval may be requested by contacting us at GMD_Add ressing@colliercountyfLgov or 239-252-2482 prior to your submittal. *PETITION TYPE (choose from the drop -down list below). A unique checklist must be created for each application. CU (Conditional Use) CURRENT PROJECT NAME S.R. 846 Land Trust Earth Mine PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 04-AR-6904 Addressing Checklist (Rev 9/2022) Page 1 of 1 Operations & Regulatory Management Division • 2800 North Horseshoe Drive • Naples, FL 34104 • 239-252-2400 www. col I ie rcou ntyfl.gov Packet Pg. 941 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00113480009 Address Site City NAP' - - *Note 34120 c *Disclaimer ig Open GIS in a New Window with More Features. Packet Pg. 942 Collier County Property Appraiser Property Aerial Site Site Zone Parcel No 00113520008 Address Site City NAPLES *Note 34120 *Disclaimer Open GIS in a New Window with More Features. Packet Pg. 943 Collier County Property Appraiser Property Aerial Site Parcel No 00209200009 Address Site City NAPLES *Disclaimer Open GIS in a New Window with More Features. 9.A.4.d Site Zone 34120 *Note Packet Pg. 944 Collier County Property Appraiser Property Aerial Site 16000 Site Zone Parcel No 00209240001 Address IMMO ALEE Site City NAPLES *Note 34119 ZI *Disclaimer RD Open GIS in a New Window with More Features. Packet Pg. 945 9.A.4.d Co i lier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 'ROPERTY 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 a c percentage of such interest: Name and Address % of Ownership N.A. 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 1370 South Ocean, LLC (Property Owner Representative) 0% Jeff Greene, Manager Sarah Estis, Manager If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address I % of Ownership N.A. Created 9/28/2017 Page 1 of 3 Packet Pg. 946 Co i lier County 9.A.4.d COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership 27th/Pico Boulevard Limited Partnership 100 Milennium Holdings of California, Inc., as general partner 100 Edward Leevan, President 100 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: f 9. Name and Address I % of Ownership I'm 119-1 Date of Contract: N.A. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. Date subject property acquired 5/12/1 6 ❑ Leased: Term of lease N .A. years /months If, Petitioner has option to buy, indicate the following: Created 9/28/2017 Page 2 of 3 Packet Pg. 947 9.A.4.d Coii7er Gounty COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DEPARTMENT NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 Date of option: N.A. Date option terminates: N.A. or Anticipated closing date. N.A. AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest -holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Department ATTN: Business Center 2900 North Horseshoe Drive Naples, FL 34104 - 2/22/2023 Agent/Owner Signature Date D. Wayne Arnold, AICP Agent/Owner Name (please print) Created 9/28/2017 Page 3 of 3 Packet Pg. 948 2022 FOREIGN LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# B16000000077 Entity Name: 27TH/PICO BOULEVARD LIMITED PARTNERSHIP Current Principal Place of Business: 95 N COUNTY RD. PALM BEACH, FL 33480 Current Mailing Address: 95 N COUNTY RD. PALM BEACH, FL 33480 US FEI Number: 954470365 Name and Address of Current Registered Agent: GROSSMAN, STUART 201 SOUTH BISCAYNE BLVD. 22ND FLOOR MIAMI, FL 33131 US FILED Apr 28, 2022 Secretary of State 9098668087CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date General Partner Detail : Document # F08000002404 Name MILLENNIUM HOLDINGS OF CALIFORNIA, INC. Address 95 N COUNTY RD. City -State -Zip: PALM BEACH FL 33480 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as limade under oath, that ! am a general partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida statutes: and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: EDWAR❑ LEEVAN Electronic Signature of Signing General Partner Detail DIRECTOR OF GP 04/28/2022 Date 9.A.4.d Packet Pg. 949 2022 FOREIGN PROFIT CORPORATION ANNUAL REPORT DOCUMENT# F08000002404 Entity Name: MILLENNIUM HOLDINGS OF CALIFORNIA, INC. Current Principal Place of Business: 95 NORTH COUNTY ROAD PALM BEACH, FL 33480 Current Mailing Address: 95 NORTH COUNTY ROAD PALM BEACH, FL 33480 FEI Number: 954542649 Name and Address of Current Registered Agent: GROSSMAN, STUART I. ESQ. 201 SOUTH BISCAYNE BOULEVARD 22ND FLOOR, MIAMI CENTER MIAMI, FL 33131 US FILED Apr 28, 2022 Secretary of State 3222904205CC Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: STUART GROSSMAN 04/28/2022 Electronic Signature of Registered Agent Date Officer/Director Detail : Title DIRECTOR, PRESIDENT Name LEEVAN, EDWARD Address 95 NORTH COUNTY ROAD City -State -Zip: PALM BEACH FL 33480 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that t am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: EDWARD LEEVAN DIRECTOR 04/28/2022 Electronic Signature of Signing Officer/Director Detail Date 9.A.4.d Packet Pg. 950 2022 FLORIDA LIMITED LIABILITY COMPANY AMENDED ANNUAL REPORT FILED DOCUMENT# L12000025680 Jun 22, 2022 Entity Name: 1370 SOUTH OCEAN, LLC Secretary of State 8029110411 CC Current Principal Place of Business: 95 NORTH COUNTY ROAD PALM BEACH, FL 33480 Current Mailing Address: 95 NORTH COUNTY ROAD PALM BEACH, FL 33480 US FEI Number: 46-1925703 Certificate of Status Desired: No Name and Address of Current Registered Agent: GROSSMAN, STUART I 100 SE 2ND STREET 36TH FLOOR MIAMI, FL 33131 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail Title MGR Name GREENE,JEFF Address 95 NORTH COUNTY ROAD City -State -Zip: PALM BEACH FL 33480 Title MGR Name ESTIS, SARAH Address 95 NORTH COUNTY ROAD City -State -Zip: PALM BEACH FL 33480 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that t am a managing member or manager of the limited Inability company or the receiver or trustee empowered to execute this report as required by Chapter 605. Florida Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: SARAH ESTIS MANAGER 06/22/2022 Electronic Signature of Signing Authorized Person(s) Detail Date 9.A.4.d Packet Pg. 951 INSTR 5266036 OR 5273 PG 1278 RECORDED 5/16/2016 12:25 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $269,356.50 REC $44.00 CONS $38,479,500.00 9.A.4.d Prepared by and return to: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North Suite 250 Naples, FL 34103 239-659-3800 ` • ;,' File Number: 974347 Above This Line For Recording Data] Trustee's Deed This Trustee's Deed made this day of May, 2016 between Michael J. Boran and Ronald L. Brown, as Co - Trustees of the State Road 846 Land Trustreement, as amended and restated in full on February 4, 2004, whose post office address is 3570 Enterprise Aven e, Sui te,200, Naples, FL 34104, grantor, and 27th/Pico Boulevard Limited Partnership, a California limited partnershipvWhose post office address is c/o Florida Blue Jay, LLC, 95 North County Road, Palm Beach, FL 33480, grantee:,l =d.. (Whenever used herein the terms grantor and grantee include and the successors and assigns of corporations, trusts and trus Witnesseth, that said grantor, for and in consideration and valuable considerations to said grantor in hand paid granted, bargained, and sold to the said grantee, and gran lying and being in Collier County, Florida, to -wit: this instrument and the heirs, legal representatives, and assigns of individuals, AND NO/100 DOLLARS ($10.00) and other good , the receipt whereof is hereby acknowledged, has signs forever, the following described land, situate, All of Sections 35 and 36, Township 47 South, Range 27'F,aast4, and all of Sections I and 2, Township 48 South, Range 27 East, in Collier County, Florida, less th6,,West 50 feet of Section 35 and Section 2. Subject to (a) ad valorem and non ad valorem real property t es for the year of closing and subsequent years; (b) outstanding oil, gas and mineral intere of record, if any; (c) restrictions, reservations and easements and other matters of record; and (d) existturg leases. Folio Numbers are: 00209200009 00113480009 00113520008 00209240001 Grantor warrants that this property is not the homestead of grantor or any other Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. 453414.1 5/9/2016Do ubleTime® Packet Pg. 952 OR 5273 PG 1279 9.A.4.d Signed, sealed el' ered in our presence: Witness ame: rP Michael J. Boran, C ^ustee of the State Road 846 Land Trust Agreement, as amended and restated in full on -= February 4, 2004 Witness Name✓VI , I-)T/iZ S-ZR 05 6f- State of i:�t 0 N d County of C o 1 I i er `. ` r' The foregoing instrument was acknowle/dged befoxe me this /0 day of May, 2016 by Michael J. Boran, Co -Trustee of the State Road 846 Land Trust Agreement, amended and restated in full on February 4, 2004 , who DQ is personally known or has produced "' ' `' driver's license as identification. [Notary Seal] '` Notary Public Printed Name: _.,VZ J Ae- .5712 A1-15 6 — .tNO- M.JANESlRAWSER W COMMISSION i FF 908416 im EXPIRES: October4.2019 Commission Expires: Bonded Thru Notary Public Urdemriten Trustee's Deed - Page 2 453414.1 5/9/2016Doublelrirne® Packet Pg. 953 OR 5273 PG 1280 9.A.4.d Signed, sealed and delivered in our presence: OLaw ul Imo-% County of C kWer• The foregoing instrument was a the State Road 846 Land Trust known or [ 1 has produced _ [Notary Seal] �1% A- Q , , aid L. Bro do -Trustee a e Road 846 Land rust Agreement, as amended and restated in full on February 4, 2004 before me this. day of May, 2016 by Ronald L. Brown, Co -Trustee of iaended and restated in full on 4, 2004 , who [j is personally driver's license as i ntific "1 Notary Name: Expires: CUNTONI�GHEOOgY WC0AIWWMtFF9Q= EVIRE&12,2011 9W*d TAru Way ft* Trustee's Deed- Page 3 453414.1 519/2010oubleTlme® Packet Pg. 954 OR 5273 PG 1281 9.A.4.d This Document Prepared By: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North, Suite 250 Naples, FL 34103 TRUSTEE AFFIDAVIT STATE OF f- COUNTY OF BEFORE ME tlie,`tzndersigned authority, duly authorized to administer oaths and take acknowledgments, personArappeared Michael Boran, who, being duly sworn, depose and say as follows: 1. Michael Boran and Rona L. Brown ("Trustees") are the Co -Trustees of the State Road 846 Trust Agreement, as amended a -11 d rfstated in full on February 4, 2004 (the "Trust Agreement"). E 2. The Trust is selling the follow" Oscribed real property (the "Property"): 3 5. All of Sections 35 and 36, Tow Township 48 South, Range 27 Sections 35 and Section 2 The Trustees have full power and Limited Partnership, a California All beneficiaries under the Trust Agt execute the deed and any other closing '47._ South, Range 27 East, and all of Sections 1 and 2, an4"Collier County, Florida, less the West 50 feet of i'se11. and convey the Property to 271'!Pico Boulevard rtnerslup ("Buyer"). The Trust Agreement has not been revoked, or cause the above statements to be untrue or inec remain in full force and effect. ted a written direction to Trustees to to convey the Property to Buyer. or amended in any manner that would `manner and the directions to trustee SWORN TO, SUBSCRIBED AND ACKNOWLEDGED beforey".Michael Boran, this p day of May, 2016, who is personally known to me or who produced' driver's license as identification. My Commission Expires: NOTARY PUBLIC At J JQA-)t St�2,�ws (SEAL) (Printed Name of Notary Public) M.EB MY COMMI S ON #YFF M16 EXPIRES: October 4, 2019 %Q%v V Bonded Thm Notary Pum undembTs 453272.1 Packet Pg. 955 *** OR 5273 PG 1282 *** 9.A.4.d This Document Prepared By: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North, Suite 250 Naples, FL 34103 TRUSTEE AFFIDAVIT STATE OF I COUNTY OF BEFORE MF -tie.`uhdersigned authority, duly authorized to administer oaths and take acknowledgments, personally dppeared Ronald L. Brown, who, being duly sworn, depose and say as follows: 1. Michael Boran and Rond L. Brown ("Trustees") are the Co -Trustees of the State Road 846 Trust Agreement, as amended d instated in full on February 4, 2004 (the "Trust Agreement"). S 2. The Trust is selling the following real property (the "Property"): All of Sections 35 and 36, Township: 4'7,South, Range 27 East, and all of Sections 1 and 2, Township 48 South, Range 27 Via% n 'Collier County, Florida, less the West 50 feet of Sections 35 and Section 2 3. The Trustees have full power and authorityS Limited Partnership, a California limited`partn'5r 4. All beneficiaries under the Trust Agreeme �J. execute the deed and any other closing documen 5. The Trust Agreement has not been revoked, or cause the above statements to be untrue or incc remain in full force and effect. and convey the Property to 27`h/Pico Boulevard ip ("Buyer"). le executed a written direction to Trustees to in`dt r to convey the Property to Buyer. codified br amended in any manner that would ecfin'anv�manner and the directions to trustee _X, I 10�►. SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before `rne"yRc day of May, 2016, who is personally known to me or who produ d" driver's license as identification. My Commission Expires: (SEAL) I L. Brown, this (Printed Name of Notary Public) GM m 2734 d c w N v c J W It w Cl) N cc 0 0 0 N N O N J d O Cl) O ti c d E 21 453276A Packet Pg. 956 1.1..E , L L1a Ma LxataaaxLand: aLa L1,In- N WIN a -t.l, l x w , a d ,= M w. t — , xd:x nw , xd :.Iln.soorw ®Il.�pnw e1 �i�•enev°�.v' iMp.liwf ..ra�1O"raa .a"..�.. none° n:me— 'snzrvw •i'n'�av nrvnv° n:m`vv nm`e°o s��`e:° l a a -- n.,,nw L ---- —S ,1Y09%M.LI,YCmS S,%ZBBL M,W,ttdBSka— a,[a'LG9Z M.GS,ZLBBS .t64wi M,O/,ItMBS Olw I s 1Minlry_ NIR .._110 __ ! 4 W Q I 12. Q J of -s� smmnnpl SAS z 31S e'uw1P� neo II I I I �a awe I �W w aw ggl I 1 ° ! S2 —6 1SI3 LZ 3axOd -WM 0 dIHSN- a 3MNa 'HN1a3 G1 dHSxP(Il — — — — — — i l /-� /1 \ \ / — — — — — — — m 4q v.l InMI o i a LL Q i yl� r� xnnLaoJ n I p Im I �mR r I la _ I I$ 1 I. I I W m K �DIS S� DIS W 8v go J e ueu I y$ I t — � Imnl •' I wtl umm'nmxaneol I (xw.3s n sme'I�w x (S) .LLWAL 3 .et,ZYW N .a vry mom. (S) .,TM 3 .SY,ItA N �� 1q^ (s) .wa[az 3 zrm x 'n.,.� ` p a m ®I t•• a ££ m - '� a Co..- 311.11. Ip. T...pj iwouo ��€ sag -_= 8\ I xIBg C aap� kapgp yap N" a€ �ei� SI 3p 3e yJ F=€ €€�€��g� ��N=�gg�" k`€� k"€ �'€� N• �� m agar" n =e= ,= so akyJ a ao S Vw S 1 S £3`a �e gd€ =Y �3"€4m figg. nl nl; 3' N "s= €�� �ea € g" eke gs €ems . € a �i' ai s N gp p!a I W°< W �sa�5�k soy $NGeG caaga m €u, O jig "M saa A€�§ 1�1$e��, 1� s�l mq 98: e- 9 xg- va�o� �grsteeOft H � a Fp_�az. 'M'aMA jtN).ai�leei aif»•aY.T •, - .. a �3 y 8'a€€8�g - go 1 ud• € aye ��` � � � � z ^a= N 3d a eia sEI a g a am a�a g � � s � an �� � s^ �€ gy by�d '�^ 8 c . 3 c ^� n M. I 9.A.4.d I RFSOLUTION 99- a 2 A RFSOLUTION I'R0VI1)1NG FOR TIIF- ESTA131,1SIIMENr OF AN I:ARTIIMININCi- MC'AVATION OF F11_E, MATHRIAI CONDITJONAI. U'SF: "I" IN Till: "A" RURAL AGRICULTURAL ZONING DISTRicr PURSUAN'r 'r0 SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DE-VL'L,OPME;NT CODE: FOR 1'ROI'1?RTY LOCATE-D IN SECTIONS 35 AND 36, 'roWNSIIIP 47 SOUTH, RANGE 27 EAST AND SECTIONS I AND 2, TOWNSE111' 48 SOUTH. RANGE 27 BAST, ('01.f.IFR COPNT1", FLORIDA, WHEREAS, the f.egisGsttire of the State of Florida in Chapter 67-1 246( Laws of Florida, and Ch:€pter 125, Florida Statutes, has conferred on Collier County the po%Vcr to estahlish. coordinate and enforce inning anti such business regulations as ,rrc neccs.s'ary for the prntcction ol'thc I)uhlic: and Wl IFRFAS, the County pursuant Ihcreto ha:; adopted a , 111141 Dcvciopnrer€t ('ode (Ordinance No. 91-102) which inrhtdcs a Comprehensive Zoning; Ordimim , stahlishing regulatiott.s for the rcming ofparticular ,-vographic. divisions of the County. -mom v hich is (he, -,ranting of Conditiomil U,cs; and W1IERFAS, the Collier County Planting Commission, hying the duly appoirltcd and constituted planning board for the arca herchy affected, has held a public hcaring after notice as in said regulations tirade and provided, and has considcrod tl€c r.td JSahility of Conditional Usc "1" of Section 2.2.2,3. ot' Ilic ",A" R€u-al Agricultural "Zoning D trict for carthn€fining on glee property hcreinaller (Inscribed.:€rtt has found as it matter of fact (Ex'r-hit "A") that Satisfactory provision and arrangement have Inert tmi.le concerning all applicable niattvrs required by said regulationS and in accordance with Subsecuon 2. 7.4.4 of the Land I)cvclopmcnt Code for the Collicr County Planning Commission; and WI IFKEAS, all interested panics have hcen given opportunity to he beard by this Board in a public 111c:ti€tg nsscrrthled and the Board hay ir€s'. considered all matters presented. NOW'. THEREFORE, 131: 1'[' RES01,VED, 13Y TIJI: 130ARD 017 ZONING A1'1'CALS of Collicr COLITItV. Florida that: The p. ntion filed by R. Bruce Andcrson, E s(luire of Young, Van Assenderp, Varnadoc and Anderson. 11.A.. representing the SR-846 Land Trust, with respect to the property hercinaller described as: Exhibit "E3" which is attachcd hereto and incorpor,ocd by refercncc herein Packet Pg. 958 he and the same is herchy approved far Conditionitl Ilse "I" of Section 2.2.2.3. of the " A" Rural 9.A.4.d M \gricultural Zoning District for carthmining in accordance with the Conccptltnl M.istrr 1'1an (E XIIlbit "C') and strhjcct to the following conditions: Exhibit "D'• which is attached hereto and incorpomicd by reference herein. 13E 11' FURTHER RESOLVED that this RCSoIIJtlon lzc rcearcic(I in the minutes of this Roarcl. This Resolution adopted aRcr motion, Second ind nui.jonty Vote. Done this—9�,�•_.._clay of-1�Lcv_Em�.i 1r)(1f). BOARD 01, ZONING AITFAE.ti COLLIFIR ('OI iNTY. FLORMA 13Y:_r-lam'---- E'AME:I.A S. MAC'KIE , C1jAIRWONIAN ATTEST: DWIGH T' U- BROCK. Cierk Ib4'. ` + hv Attest at to CfiIjr 11 Aprroyccl as to f�ornl ancialGndtSar•� only. Legal Sufficiency: I f 1 .. Madoric M. Student Assistant Ownty Attorney p;idmm'ncnlv,:L' - 0-la RI'.',tslS'r11JN Packet Pg. 959 0 9.A.4.d I*zAr? FINDING OF FACT BY CC,lj' 7ER COUNTY PLANNING CDMMISSION FOR CONDITICNAL USE PETITION POR The Lollowinc; fa(-ts ar.n found: _ . SectCion2 .2.:_ . _ of t:7 ar:d Ceveicpment -ode au'.-:•Iorized the .:ondiLi-31M1� `_3e. % lr•l�iLrl�j i1r, r:7'iCj:t1^,n]� 1i�_' 'N111 I1 .1C]V�tr7<?�.'✓ ijfEC� �}1<y _-jul..C" ir:C.r'1`-':3`_ -and wiil afff--cL 7)the1: propert-y ;ar neir-.1hhorhood 1ecause of t�.. nI15 sta^r! with r_he--am arow"Ci %`.ai:a«r'CnenL PIan: Yes Nr, 5 ,and eg es.:y LD property ; nd proposed c,tructures thereon with particu-' ar reEerence to automc* ive and peder.:an safer •,, and conv,2nienr�e, ..raf fig_ F,^w and and a-,7ess in case r:E fare or catast r --c.ne : Adequate ingress & egress Yes / No C. Affects neighboring --roperties in relation to noise, glare/ econornic �jr o :or effects: _ i/__ Nc affect or Affect mitigated by Affect ca..not he rnit�-gated D Compatibility with adjacent pro�2erties and ot}-.er property in the district: ComoaLible use .gi'thin district Yes l/ No Based r-::i '--he above findings, this conditional use should, with stipuiat--iona, (copy attached) ( be reccmmen&, f,or approval DATE '_I �r�_� MEMBER l l/�rlrrC f/FINIDING ?ACC' MEMBER/ Packet Pg. 960 1 9.A.4.d m FINDING OF FACT� W _.,.,=R COUNTY PLYKNOM 77MMISSIM L FOR LOU CONDITIONAL USE :'-'I' ITION to FOR i H c cv 4 D i r J 10 W The following .`.ac` s ;are found: 00 SOCLI n z :�,' I:_. _..'l� )II1F'n; _cd- iuthiri7,ed M 14 ,he 10 O O %. Graming the 7onditior.al will not adversely effect the � publin invarnst in! will .1':l:rers j affect nther property p e s ' he -.ama disrr: b-cau, of � a with '_ne 00 ro- C s rn P. •rOFS ,and _".ark_ss nn propyrny W proposed �4 .._7`:7C.'_'1ren hereon wi..fl parI'...:1 ,-,r reference to d r� oammotive and ra,C:r'sh:_._ i an safe',--- and •_rai f I'_ flow and :i;. ra: , and 7 _ess in case ( `.`fire cor� catasr r: ph z :res5 i esS Yes � �No73 � 7 "n hboring ; "]perties in re'i3Lion t0 nDise, C dry, cwocnomic or cc )r effects! .+ / No affect or Affect ,�iti.gated by a=i Affect be mi _. -iated E omr.:a: bi i;.y with adjacent properties and ot:.2r proper*iy in the distri �---. '^mpatible use /'itnin diet. -act Yes ✓ No Based o:: the above Vindinas, this conditional use shoulc, with stipulacia�yr attached) ishould not) be recommender for approva' A D DATE: �� 1� ��-- MEMBER : f/FPt DMG FACT ME.'%Vi Packet Pg. 961 A� FINDING OF FACT EY vD11 :f �:OUNTY : LANt•3IN0 C('�, MISSION A CCNDITIONAL -.,OR E-El'-TION .OR of: t.:Or12,,eC .. ;�ri3iltl:;r� .,�. CC.:']..._.,rl•3,. ._[E' 'nT1.__: :'i_. ]Li'JErSe' � r1f--^?Ct �11'.- iil��tnCi 'Ni _1 ai JJversr v affF'ct~other orcce- `--r ., ,. _.a�l:i .., ...�• - .TIC_ nz1S`p�;C' :ltrl t" ..1^•dj F'V�'1 s No ar,a Eyre:._ 73Y(-,peT-t;! {'Ad pr: posy'-,! 1 uCt1,rF '.hereon wi..h p,-trtic1: „ir r0fCrEI:Ce 1lirrT!Ut1ve .111d pe:;3estI ian safer', pan=i convenier:r_e, �r.a; f.r f_ ;w and ^.n zrl, and a':ceSs in case fire or catastrc,phe : Adequate ingress & ec,ress YesL No C. ,affects neighbcring _ coperties 1n relation to ; Oise, :fare, economic or of-)r effects: 10 ..affect or Affect mitigated by - Affect be �. �cmnatibiiity with adjacent properties and Other property in the district: 7omna`Vinle use within district Yes No Based c', the above .'.indings, this conditional use should;, with sti;�ulations, (coov at-tached) (should not,, be _recommendc:,,1 for i DATE: ' /!i �, r ' MEMBER: `./FI.:DING ,.F FAC; MEXBF..r?.I L w w L J O 00 w U) M N O O O O N N O N J a 00 M O ti _�__ Packet Pg. 962 FINDING OF FACT RY CO'L,!,IER 'COUNTY PLANNING COMMISSION FOR A ('4NDrTT*MA1j 'ISE PE7TTION FOR Cert I on 2 2 . 2 i tm, r. L3A 2 a r-'na v." 11 '- I. id"rcT-sel a{` -Ir' %'I'i 1, r1 dv r -," c 1- (, c., c 1: h C L- r n -- I I I- ". ' • c-,l w i t- r-, Dr, v r-- r rn� P1 VVI am; --gresc" propert v 1:A i-i i ii reR :here,-):1 w i I- h ,),i r t-- I cn,. jr r,2 If r-encr- t 'm:t 7 a r-I r z:- Inc,� c-o'nt 1."),i , ar-'.-'l f i 1k. eqijat�2 ig r c s s e S S) Yes Nc o p 6- r t i e s in i r (2 1 1 or. to g], ec,)ncmic or oc r effects - I No ajFfect or Affect mitiqat-c-d by Affect Cat,-i-)L be biij.ty wiprort:-ies anti , -idjacen, I p, in the distr (-,7,-npatihle use 1 -1-41n y eo No Paqedr),, -hc- •-ibcve `findings, this conditional use should, '.with st ipul at- innf, (copy attachcd) ("t==;ZF---tmt4 be rcc4ommende,� f r approva D 7 M B Z R / F ,1 I f 0FACT MFI�VFP/ Packet Pg. 963 1.3 A FINDING OF FACT BY COILIER COUNTY PLAIJ14ING 2C:MMISSION FOR A CONCITIONAL USE PETITION FOR ;y-99_ 1 The fell owi, o facts ;rQ fJ'1:= 1. Sectl :n L . i .2 . 3 . 1 . of Lte Lind i7e"✓einpment Code aurhoiized the conditional use. 9.A.4.d 2 2. Grr3nz inC, the ccnditicnal '1se will nct adversely .affect: the public Ln'ereso and will .w adverse affect ocher prcpert;,• or nseq in Lhe __ame dirt.:_ -r or neignhor.hood because of; A, 7ansisren f winh VK-- "-!TIIMn� cirlc, •fir ,V Ci _-._----- B. :Tgress and egress to property ;nd proposed ,t:ructures thereon wir:h particulor reference tc, •itl omotive and pnde.sti ian safen and opt enirr.r?, , raf c ic flow qnd f;r Lrol , and access in case G fire or catastroah : Adequate 1r,grr:ss L etre- s e }� No C. Affects neighboring P-'cperties in relation to Noise, glare, economic or od ;r affects: No affect or _ Affect mitigated by A fecr_ car'.!Iot be rniti,_1ated J. Compatibility with adjacent properties and o0or rcperty in the district_: compatible 170hin district :es No Based o: the above findings, this conditional use should, with stipulations, !cft .bLd? scat) be recom nded for approval DATE: /l v MEMBER.J� t f/�:arGi 1; O,,. FACT "F.MOF.P/ Packet Pg. 964 ,'I 0 13A 2 LEGAL DESCRIPTION 2 m W N 3 L ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE cc 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR 00 COUNTY ROAD 846 (1MMOKALEE ROAD), COLLIER COUNTY, M FLORIDA. Clto 0 0 N N O N J a Co M Cl I- N L V E V O 0 CL ii M� W <.i CL CL Q M C d E L V m r r EXHIBIT "B" a s w a , Packet Pg. 965 1 -�--�--�-------------- --------� ---- EI,Z 000Z OZ d:SCOLZ mee meld WIN Bm pmom ■wnoo Q dnMoe8 8 Hdd¥-Eju ew, t4am; :; ewt4oe }vw, a _ | a § Mi j! � § � ���� i | !|��§• §,� ¥ � --- _ 31.1®� �=® --- � . \ a"|T|� ' Ez « \� <LU \a � e z m z = 2 CC e I � R z c 4 « � & $ / c . m cc 9.A.4.d C_ONQU-1.4N59-F—APPROvAL C.U.7.99--16 This approval is conditioned upon the following stipulations requested l:y the Collier County Planning Commission in their public hearing on September 16, 1995. PIan_n_ ing_SF-TvcC ;; a. The Current P lann;ng Manngcr, may approve minor chancres in the location. siting, or hpi-.ght of building.;, structures, and improvements aulhorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site ,)tan submitted as pert of this application, shall require the submittal of new ror, ifional use rapplicati on, and shall comply with ali apphcahle C_untt� ordinances in effect at the brae of submittal, including Division 3 3. Site Development Plan Review 3!id approval, of the Collier County Land Development Code. Ordinance (��l 102). �1. The conditional use approval shall be r ewewed at the end cf five years to determine whether additions! stipulatk)r ; or rnitigatiDn are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adec!uately addressed. Development Services staff witl use the following star:rfards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigator„ the matter will be referred to the Board of Zoning Appeals using the Land development Cod& procedural requirement for appeals The standards for review are: At least six mor :hs prior to the fifth anniversary of the Board of Zoning appeals :approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. 11. At least six months prior to the fifth anniversary of this approval, applicant Y.,W submit to Development services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 846, the project's impact on county ".load 846, and any mitigation needed to address this project's impacts on autornotive and pedestrian safety along the affected section of the CR. 846. Additional mitigative measures that may be required include: (1) Project contribution (on a proportional share basis) to add signalization or turn lanes for other public roads within this project's Radius of Influence. -1- Packet Pg. 967 1 i3A 2 (2) Limitation of haul trips from the protect to a maximum of 175 per 24-hour period. (3) Mitigation of abnormal wear or tear caused by this project's use of County Road 846 that are not addressed by payment of impact fees. c. Traffic counts, conducted on a quarterly basis. will be provided to Collier County Transportation Services in a quarterly report. The traffic counts will be taken at the proiect entrance, by direction (inbound and outbound), and will oe conducted by fifteen -minute increments for 4S consecutive Hours. Traffic counts and the quarter:,, report wilt be provided for five yeofs, The need for quarterly reports and counts will be re-evaluated coincident with tht= cordition:al use review specified in ronditinr. (b) a;ao,;e. d. Tre appkcant shall he resporsible for !,ie costs of engineering analysis for a traffic signa# warrant study and for the total costs of any signal, The County shall he the sole d(--termirner c}t whether or when a study and/or signal is needed. Further, the appfic nrit ;igrees to the follow,f;g additional conditions: (1) A north;ncand right -turn laic: and a southbound left -turn lane will be provided at the entmnce with fmmokalee Road. These turn lanes will be sile-related improvements. Ti,,e turn lanes will be designed reflective of Immokaiee Road as a rural arterial with 55 mph design speed. While the minimum storage length desicr-. will be based on a rural roadway and 55 mph design spee site condition may warrant longer turn lane. �2) Advance w,a:ning signs will be provided on Immokalee Road, north and south of the project entrance. A t•)tal of four advanced warning signs, with flashers, will be provided. The hours that each sign shall flash will be determined by the applicant in consultation with Collier County Transportation Services. Warning signs will be placed approximately 700 feet before the entrance both on northbound and southbound directions. These signs shall read Caution Trucks Entering Highway or some other warning agreed to by Transportation Services. Additional warning signs will be placed approximately 200 feet before the entrance in both northbound and southbound directions. The signs shall read Mine Entrance Ahead or some other warning agreed to by Transportation Services. All signs (type, size, location, etc.) shall be consistent with the Manual On Uniform Traffic Control Devices. ,'3) A flashing traffic signal will he provided at the intersection of the project entrance and Irnmokalee Road, Immokalee Road -2- Packet Pg. 968 r 2 will have the flashing yellow indication and the project entrance the flashing red. (4) Coincident ,vith the installation of the flashing yellow traffic signal, the intersection will be illuminated with a streetlight. C. Hours of operation shall be 7:00 AM to 6:00 PM Monday through Saturday, no excavation or hauling operation shall be r4owed on Sundays. f No basting will be permitted. q The excavation shalt be limited to a lowest possible bottom elevation of 2.5 feet below existing grade unless a permit modificaticn is applied for through, EAC and the BCC and sha#1 he no shallower than 10 feet below existing grade. The fxc.;avalion shall he limited to a bottom elevation of -1.0 NOVD. h The pelitioner must apply for r, Vegetaticn Removal Permil. Envi,onmental staff shall perform a site /isit to determine the need for a vegetation Removal Permit and to chF:c- for any listed soecdes. No work ha!l be done prior to that site visit. H Mtoral zone equivalent to 10 f>{ er! of the lake penMeter will be planted prior to final acceptance. I. A 20-foot maintenancr. easement dedicated to Collier County shall be provided around the pe-meter of the lake. k. Off -site removal of m ,lerial shall be subject to "standard conditions" imposed by the Transportation Services Division in the attached document dated May 2.1. 1988, as amended in January 13, 1098, I Provide all necessary wetland permits prior to obtaining the vegetation removal permit. m Prior to obtaining the vegetation removal permit that is required in conjunction with the excavation permit, the petitioner shall provide letters from US Fish and Wildlife Services and the Florida Fish and Wildlife Conservation Commission resolving all wildlife issues on the site, i.e., burrowing owls, Florida panther, Florida black bear, wood stork, etc. EXHIBIT "D" 9.A.4.d A 2 COLLIER COUNT4' TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERrINiIT APPLICATIONS INVOLVING OFF -SITE REMOVAL OF MATERIAL ,i'hc intcrlt cif tl-icsc "Standard Conditinns" arc to provide cxc,!vation ;;omit applicants a summary of conditions which may affect their projects :sncl which shwdu l he takeri into consider.rtion during, al; stages of project dw�_Isrp;i: nt: Haul routes betv:ccri an excavation site and an arlerial road shall be private with property owztcr(s) approval or he a public collcmnr rmid built to standards applicable to handle the ressrltiri,� truck trmfic. Where residential arc;is front collector roads, appropriate turn lanes, buffer and hikepalh shall be rcc,uired as minimal site improvements and if recommended for approvai. shitll ht: so with the condition that the 'I'r� rlsportrrtion zScrvices Administration rescncs the riL.'ht to susperrd or prohibit 1-CM0, al Of CWTItvat;d nta:rrial ShUulci SUCK removal create a i,,rzardous road C,nclition or suhstanttally deteriorate a rorul condition; such acilon by !hc Trarsportation Ad!n!nistration shall he subject to :tppeal before the Do;irCl C omml sioncr.s. 2. flail routes utilizing public ro.ids shall lie subject to road maintenance rind read repair or ar, appropriate fair share by the permittee in accordance vVith Excavation Ordinance No. 91-102 ;is �miundcd Di..�J and iZrs;ht Vf-iS'av Ordinance Nn. `)3-04. 3. Off -site removal of' cxcavatcd matet!:rl shall be subject to Ordinance `;o. 92-22 (Road lrnpact Ordinnnce). A traffic and rr"rd impact analysis shall be made by the County to (lct.rnrirrc the effects that off -site rc.noval of cxcavaled material will ]lave on the road system within the excavation project': zone of infitrenc,_-. If appropriate, road impact fees in act,nr.lancc with Ordinance No 92 2' shall be paid prior to the issuance of an excavation PU11111 4. "Hit. Transportation Services Administration reserves thy: right to establish emergency weight hiri:cs un public roadways affected by the off -site removal of excavated material; the prr,rcdure for establishment of weight limits shall be the presentation of an applicable resolotion before the Board of County Commissioners. Should weight limits be instituted, the permittce shall he responsible to implement measures to assure that 7i1 heavy truck loadings leaving the permit's property conform to the applicable weight restriction, 5. 'Fhe Excavation Performance Guarantee shall apply tar excavation operations and also the maintenance rcpair of public roads in accordance with current ordinances and applicable perl'It stlptrlatiOTIS. Page One of Two Packet Pg. 970 9.A.4.d f �} A 2 f �) a� c {+. l31lscd on soil horitl+, information per Ordimitice No, 'A -if)? as ;imcrldcd, a blasting l)Crmtt � may he appropriatc. Should ;l hlllsting permit II;-rplication he submived and should w l41 rednal areas 'thin UT]tnlilc of the excavation $IIC, the County res'.'r�CS t11C right to y (' dcI1V a hlas[Rl perT'.11l hascd oil concerns tor O11-5!t( ??llpa('"lS frOtl] 7 I)lastlt]y ,t all cxcal,' to Sile, Shnulll ;I hl;IititI" pomlit 1)e Considered and ;gpprovcd, the nlrnirllum ConditlnnS Of apprw-"d t;1 IR!dilim! to ('ondltiOrls l)Cr o)r(llilarlcc No. '�1 -102 as C amendcd are a5 follows: J m A. Structure !tl' �!lt ;1+." Tl omti( n,g and aphlic:Ihlc ;-OlicTiv owncr rdca,l; as rc(luired by Go Oic Develop -unit Scr%iccs I)irc(:IoF, M T- N 13. Scci!ntv hniA rt)hlic :hle tO prn"I!te properly (lrinaL'e acccrtahle to the count_'% to 0 '.If ('ilalvcs pc' "ilst l-'v N N t!IQ Dc%'cltJl)T kilt ScrVices N ! ]1rCC,nr. a 00 I) I by nL!ht +1 1hL: ('oust.• To m!.;p cnd and"or r'--c" 1)l;l;itmg permit 3llthoritV should It p 1)e t1l:1C1;??Ifl'_'(1 Illa( hhv! ttI111 icti'vitics ;ire crC.:llr14; 1111IlCCC(]I13hlC OP-S1tC CC)Il(llttOr75 v Clthcr in [t'rr:1S (?f private l)r(»er y (lMMILIC Ilrla i r rclalcd physical of fMs of Wasting (� _ caOpcmtions i. tin exci� inn n permit shali be issued until rcccil)t I a rcicasc from the Transportation Scr lccs Admiriistr-aMn , pphca4)Ic sc) l)rc)l)cr rnitit itimi of off -site mip,,uets, mecting of ,yplicah!c prwvlwmo „f t)rdin,'mcc N�+, 1.0-64. Ordimince No. 92-22, and Ordinance No. 91- 102 (1ti .Inlondc-d Relcrencc lcnci of ` -4 Page F%vo of'Two Packet Pg. 971 9.A.4.d RESOLUTION 08- 290 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT- OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99420, 06-157 AND 07-274. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and ��_ __ Packet Pg. 972 9.A.4.d WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, on September 25, 2007, by Resolution 07-274, a copy of which is attached as Exhibit G, the Board of Zoning Appeals of Collier County approved a third Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CUR-2008-AR-13539, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolution Nos. 99-420, 06-157 and 07-274, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.1. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit B attached hereto and incorporated by 2 Packet Pg. 973 9.A.4.d reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural -Mobile Home Overlay (A -MHO) district for earth mining excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of materials in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit C) and subject to the conditions set forth in Exhibit D which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolution Nos. 99-420, 06- 157, and 07-274, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super -majority vote, this 43 day of Z ATTEST: DWIGHT_E._ BROOK, Clerk By: ALtast tip t0 Cl� t`Wm' eputy Clerk signature r AI .....• .,4. bLst°•s. Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Ce%oa-CPS-oasn\tuso BOARD OF ZONING APPEALS COLLIER UNTY, LORIDA By. TOM HENNING, Chairmang Packet Pg. 974 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6"4 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes —L No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by PL , ! ^�;��+'c► E'�� fi CC I '- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CI -LA .,SvN: HNIBIT A --__ ...._..--- .-- _._... ___ Packet Pg. 975 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of - A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 976 9.A.4.d _ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes Y No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes AZ No C, Affects neighboring properties in relation to noise, glare, economic or odor effects: P-""No affect or Affect mitigated by ____ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V111"No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. .� DATE:It/ -k/ 0_ MEMBER: 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: l . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 978 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMII+IISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6"4 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2- Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Lan7NO elopment Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress f Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects VNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di t Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:--r Packet Pg. 979 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMNIISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of - A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy ached) (should not) be recommended for approval. DATE: Packet Pg. 980 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management PIan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress YesNo C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or �/ Affect mitigated by i = J. 4,f�j`,'..R r 1` + Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No Based on the above findings, this conditional use shoulr with stipulations, (copy attached) , (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 981 9.A.4.d e LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE . ROAD), COLLIER COUNTY, FLORIDA. `EXHIBIT "B" W Packet Pg. 982 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with: the Land De lopment Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: G MEMBER: Packet Pg. 983 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of - A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility hrith adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 984 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes -X No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes t"f No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or x Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4- No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: © % MEMB Packet Pg. 985 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.09 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan; Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: Packet Pg. 986 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COl1 MISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: L Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land 7"T- Yesinert Code and Growth Management Plan: 1 B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress /� Yes r� No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ZAffect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district / Yes ` No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 987 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6304 Land Trust Earth Mine The following facts are found: l . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 988 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or eases in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ' / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glaze, economic or odor effects: No affect or V Affect mitigated by .,> --77Pa C_ 47-iv Affect cannot be mitigated D. Compatibility with adjacent properties and other properly in the district: Compatible use within district Yes V Ili. r74 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: �� MEMBER:�_.(r�,��,, _ Packet Pg. 989 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 990 9.A.4.d LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS I AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD B46 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B° 9.A.4.d NO BLAST ZONE BLAST ZONE ?ROJECT: S.R. 846 LAND TRUST EARTH MINE CLIENT- S.R. 846 LAND TRUST Wil*Niller �. "-isoo• w'10r2=07 PJwrn . Eni*w v , Ec F ACV -M ATT48 T mbonmil r, lnc, rw,ezr Na „� o42aa•oaa-aao MH bSMq bm Sub AV - *r, Ffaft MI iW? • M" W-90.04F - Fix DLN!-N!f . wWft w w,.W wrwm o� ar wo. $4dE7 klM Attachment "C" �.,__.._.. _....._ Packet Pg. 992 £6Z9000ZZOZ-Id : 8£OLZ) sIeiaa;ew WIN Buipnl3ui;uawn3oa cimpe8;ue3ilddv- £;uawtpel4v :;uGwLj3ejjv £I,Z9000ZZOZld : 8£OLZ) sle'JBIeW WIN 6uipnioui juawnooa do)13e8 lueoilddv - £ juauayoejjv :;uauayoejjv 9.A.4.d Collier County Conditions of Approval CU-04-AR-5904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, again one year after the first anniversary review, and every subsequent two years thereafter to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a $40,000 fund to be paid biannually in $20,000 increments that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-3044506 or www.jonesrnining.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Packet Pg. 995 9.A.4.d 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and 11. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D Packet Pg. 996 9.A.4.d 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 16" Street N.E. and 20" Street N.E.; at the eastern property border between 52"d Avenue N.E. and 58d' Avenue N.E. 30. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D Packet Pg. 997 9.A.4.d FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall he terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Packet Pg. 998 9.A.4.d RESOLUTION NO. 06-157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 60 FEET, OR TO THE CONFINING SOIL LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN AN AGRICULTURE (A) ZONING DISTRICT IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, On November 9, 1999, the Board of Zoning Appeals approved Resolution No. 99-420 for a conditional use for earth mining activities over the same property which is the subject of the instant conditional use petition; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District pursuant to Section 10.02.03 of the Collier County Land Development Code on the property hereafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interest parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters present. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining Venture, LLC, and with respect to the property described in Exhibit `B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District Page 1 of 2 Packet Pg. 999 9.A.4.d pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C" ), and subject to the conditions set forth in Exhibit "D," which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super -majority vote. Done this : day of a© , 2006. ATTEST: DWIGHT E. BROCK, Clerk C Rtz.*st as to Cht1MWdlputy Clerk siQmiturs ettl y Approved as to form and legal sufficiency: Jeffrey 4J Klatzkow Assistant County Attorney BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA FRANK HALAS, Chairman Page 2 of 2 Packet Pg. 1000 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes JZ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ✓Affect mitigated by <text> L3 nos S G"✓ S Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes �No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: !o - 1 o 6, CHAIRMAN: kiwi, a� s R w r L �a J t0 00 W co M r tV t0 O O O tV tV O tV J d 00 M O I— N Exhibit A Packet Pg. 1001 9.A.4.d - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ✓� No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: . MEMBER: Y4�q Packet Pg. 1002 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land evelopment Code and Growth Management Plan: Yes'` No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes'' No C. Affects neighboring properties in relation to noise, glare, economic or odor effgcts: c No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distric Yes No Based on the above findings, this conditional use should, (should not) be recommended for approval. w DATE: 6I/0 -MEMBER: ched) Packet Pg. 1003 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or L-�Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 6 L MEMBER: Packet Pg. 1004 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan Yes I/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress �uHti1D Yes ✓ No lkg- u l- ' c C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: (o MEMBER: 9.A.4.d 7 iQ Packet Pg. 1005 9.A.4.d v FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes " No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesy No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by <text>-.:rF�} Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, wit stipulations, (copy attached) (should not) be recommended for approval. 4}JS DATE: i , k MEMBER: ) "+ 4 ? ' Packet Pg. 1006 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Dev lopment Code and Growth Management Plan Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egres��No Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -,-�No Based on the above findings, this conditional use should, with stipulations, (co ached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1007 9.A.4.d J FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes %(,- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes _�K No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or X Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes X No Based on the above findings, this conditional use should, with stipulations, (copy attached) E (should not) be recommended for approval. r El DATE: r 0 lr MEMBE sZ �a r El Packet Pg. 1008 LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" Packet Pg. 1009 UZ9000ZZOZ-1d : 8£OLZ) SleIJ04eW WIN 6ulpnloul }uawnoo(3 do)loe8 4ueollddd- £;u9wt4oe;}d :4u9uay3e44V o 0 Y � f`y Sf Y Y A EEY t i s M1 z Y 4 wa Z f$$ M r • li i Collier County Conditions of Approval CU-06-AR-9699 This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The conditional use approval shall be reviewed one year from the date of approval and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. The standards for review are declared in the stipulations of Conditions of Approval for CU-99-16. This condition hereby supersedes stipulation "b" of CU- 99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU-06-AR-9699). 2. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 4. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I. 5. The proposed use shall not adversely increase the quantity of water run-off. 6. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 7. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55. 8. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the Exhibit D Packet Pg. 1011 9.A.4.d rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 9. 9. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) times a month with a three (3) second maximum duration with a low volume and close pattern to minimize noise and vibration. This condition hereby supersedes stipulation "f' of CU-99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU- 06-AR-9699). 10. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. This condition hereby supersedes stipulation "g" of CU-99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU-06-AR-9699). H . Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 12. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 13. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 14. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 15. During each blast a seismograph machine shall be placed in three locations; at the northern property border closes to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 161h Street N.E. and 201h Street N.E.; at the eastern property border between 52°d Avenue N.E. and 58th Avenue N.E. 16. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. Exhibit D Packet Pg. 1012 9.AAd v 17. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. Exhibit D Packet Pg. 1013 9.A.4.d RESOLUTION NO.06- 2 64 A RESOLUTION OF THE BOARD OF ZONING APPEALS, AMENDING RESOLUTION NO. 06-157, IN ORDER TO CORRECT SCRIVENER'S ERRORS IN THE LEGAL DESCRIPTION AND ZONING CLASSIFICATION FOR PROPERTY PREVIOUSLY APPROVED FOR A CONDITIONAL USE. WHEREAS, on June 20, 2006, the Board of Zoning Appeals adopted Resolution No. 06-157, establishing a conditional use for earth mining activities, with excavation of fill material, pursuant to Section 10.02.03 of the Collier County Land Development Code; and WHEREAS, following adoption of Resolution No. 06-157, staff determined that the legal description and zoning classification attached to the Resolution did not contain provisions that were otherwise intended and made a part of the public hearing and, therefore, their omission constitutes a scrivener's error. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that Resolution No. 06-157 is amended as follows: (Underlined text added; text is deleted) 1. All references to the legal description of the subject property shall read: "All of Sections 35 and 36, Township 47 South, Range 27 East, and all of Sections I and 2, Township 48_South, Range 27 East less road ri=ht-of-way for County _Road 846 (Immokalee Road Collier County, Florida" 2. All references to the zoning classification of the subject property shall read: "... Agriculture (z4)~Mobile Home Overla A -MHO Zoning District ... " BE IT FURTHER RESOLVED that this Resolution shall be recorded in the minutes of this Board. This Resolution adopted after motion, second, and majority -vote favoring same this "' - day of CC -t C' ' , 2006. ATTEST: DWIGHT E,,-BROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA B Packet Pg. 1014 9.A.4.d RESOLUTION 07- -274 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUN DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL - MOBILE HOME OVERLAY (A -MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99-420 AND 06-157. WHEREAS, the Legislature of the State of Florida in Chapter 67—I246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99-420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No. 99-420 and 06-157, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and Page 1 of 2 Packet Pg. 1015 9.A.4.d WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of Collier County, Florida, that: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit 'B" attached hereto and incorporated by reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural -Mobile Home Overlay (A -MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of material in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D" which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolutions No. 99-420 and 06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super -majority vote, this ''day of 2007. ATTEST: DWIGHT E. BROCK, CLERK By: Attest 45 htV"tAClerk aimatm aer. Attorney BOARD OF ZONING APPEALS COLLIER CO NTY, F OR A By: J MES COLETTA, Chairman Page 2 of 2 Packet Pg. 1016 9.A.4.d MEMORANDUM�f Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Sue Filson, Executive Manager From: Melissa Zone, Principal Planner p-�-7� Date: 10/24/2007 Subject: CU-2004-AR-6904 Jones Mine Staff and the County Attorney's office reviewed the BCC minutes and incorporated all of the conditions of approval that were stated in the motion. Packet Pg. 1017 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes �'f No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V: - Affect mitigated by • }' '� �� r `- �'r''`jp �� ' `t < < j �� Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: r �. . , C. CHAIRMAN: EXHIBIT A Packet Pg. 1018 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1019 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes _L/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: i, No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes '�No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. a DATE: 4 / MEMBER: �' E U IC Q Packet Pg. 1020 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traff c flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1021 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Dev+eloprnent Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distr' t Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1022 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of, A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1023 9.A.4.d - FINDING OF FACT C BY COLLIER COUNTY PLANNING COMMISSION FOR w A CONDITIONAL USE PETITION y FOR CU-AR-6904 Land Trust Earth Mine J The following facts are found: 00 W 1. Section 10.08 of the Land Development Code authorized the conditional use. Cn M 2. Granting the conditional use will not adversely affect the public interest and will not N c adversely affect other property or uses in the same district or neighborhood because of: N N O A. Consistency with the Land Development Code and Growth Management Plan: a Yes '� � No co Cl) N B. Ingress and egress to property and proposed structures thereon with particular W to automotive and safety and convenience, traffic flow and reference pedestrian control, and access in case of fire or catastrophe: Adequate ingress & egress Z z Yes No a> c C. Affects neighboring properties in relation to noise, glare, economic or odor effects: c w No affect or Affect mitigated by c Affect cannot be mitigated o D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No Based on the above findings, this conditional use shouliwith stipulations, (copy attached) (should not) be recommended for approval. ,l f� DATE: MEMBER:+ 1 Packet Pg. 1024 LEGAL DESCRIPTION 9.A.4.d W ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 C SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, N FLORIDA.to EXHIBIT "B" 0 0 0 N N O N J a co M Cl N Packet Pg. 1025 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes /"No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress No Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: �°� G MEMBER: U Packet Pg. 1026 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1027 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _x No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress � Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 4— Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: — O MEMB E U IC Q Packet Pg. 1028 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.09 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: Packet Pg. 1029 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve merit Code and Growth Management Plan: Yes Z No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �/No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ` Z No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ` No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: i MEMBER: Packet Pg. 1030 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1031 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: ] . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ? No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �� No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V Affect mitigated by / ;.Ur 7W :�� �; PI It 4 Tl d Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:; MEMBER: ��... ''e Packet Pg. 1032 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1033 9.A.4.d LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS I AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" Packet Pg. 1034 £6Z9000ZZOZld S£OLZ) Slelaa;eW WIN 6ulpnloul;uawnood dnioe8 }ueoilddy - £ }u9wgoe4}y :;uewgoe;;y �n M o irl��l� m ko LLJ CD a co f�f o00o 1�E � �' N I II 4 O w co V C% N vao 9.A.4.d Collier County, Conditions of Approval CU-04-AR-6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or www. j onesmining.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Packet Pg. 1036 9.A.4.d 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eighteen (18) blasts per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1,00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and Il. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D Packet Pg. 1037 9.A.4.d 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eighteen (18) times a month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 16th Street N.E. and 20'h Street N.E.; at the eastern property border between 52"d Avenue N.E. and 581h Avenue N.E. 30. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D Packet Pg. 1038 9.A.4.d FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Packet Pg. 1039 NO BLAST ZONE BLAST ZONE I PROJECT: S.R. 846 LAND TRUST EARTH MINE CLIENT: S.R. 846 LAND TRUST wilsbmiller"" �wrae� cHe..=cwa0,1,VAvimk.Vmw SCALE: ~=isOp Planners • Engineers ~ Ecologists - Surveyors . Landscape Architects . Transportation Consultants sec wP Rc 47l48 WifsonMrller, Inc. PROJECT oL 0 4208-000-01 ORWN WEMP NO. 3200 Barley lane, Suite 200 • Maples, Florida 34105-6507 • Phone 239-649-4040 . Fax 239-263.6494 • Web -Silo wwwwilsonmiller.com DATE: 101212007 ND; 1 OF 1 Packet Pg. 1040 9.A.4.d RESOLUTION 99- 4 2 D A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN EARTHMINING- EXCAVATION OF FILL MATERIAL CONDITIONAL USE "I" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST AND SECTIONS I AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA- WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cede (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area bereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "I" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matter; required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that; The petition filed by R. Bruce Anderson, Esquire of Young, Van Assenderp, VarwAca and Anderson, P.A., representing the SR-846 Land Trust, with respect to the property hereinager described as; E bit "B" which is attached hereto and incorporated birefarence herein -I- EXHIBIT E Packet Pg. 1041 9.A.4.d be and the same is hereby approved for Conditional Use "I" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plam (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done thisCjTt�— day of -vhlb1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By;.22z MELA S. MAC'KIE, Imn.AN ATTEST: DWIGHT,,,$: $1t•0CK, Clerk .c Approved as to Form and Attest as to dt&its.g Legal Sufficiency: signature only. Marjo ' M. Student � Assistant County Attomey 9hd'Tdrw*rid0n/CU-99-16/ RESOLUTION —Z— Packet Pg. 1042 1 £6Z9000ZZOZ-Id : 8£OLZ) Slelaa;EW WIN 6ulpnloul;uewnooa do)loe8;ueollddy - £ }uawLI3e;}y :;uauayoe};y mftm r 9.A.4.d This approval is conditioned upon the foilowing stipulations requested by the Collier County Planning Commission in their public hearing on September 16,1999. a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and Improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). b. The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties In the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land development Code procedural requirement for appeals. The standards for review are: I. At least six months prior to the fifth anniversary of the Board of Zoning appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. H. At least six months prior to the fifth anniversary of this approval, applicant will submit to Development services a Traffic Study conducted In a manner approved by County Transportation Department that assesses the level of service on County Road 846, the projwXs impact on county Road 846, and any mitigation needed to address this pl_, impacts on automotive and pedestrian safety along the- affected. section of the CR. W. Additional mitigative measures that may be required Include: (1) Projed contribution (on a proportional share basis) to add sgnallzation or turn lanes for other public roads w hln fft pmWs Radius of Influence. -I- Packet Pg. 1044 9.A.4.d (2) Limitation of maul trips from the project to a maximum of 175 per 24-hour period. (3) Mitlgadon of abnormal wear or tear caused by this projecxs use of County Road 846 that are not addressed by payment of impact fees. C. Traffic counts, conducted on a quarterly basis, will be provided to Collier County Transportation Services in a quarterly report. The traffic counts will be taken at the project entrance, by direction (inbound and outbound), and will be conducted by fifteen -minute increments for 48 consecutive hours. Traffic counts and the quarterly report will be provided for five years. The need for quarterly reports and counts will be re-evaluated coincident with the conditional use review specified in condition (b) above. d. The applicant shall be responsible for the costs of engineering analysis for a traffic signal warrant study and for the total costs of any signal. The County shall be the sole determiner of whether or when a study and/or signal is needed. Further, the applicant agrees to the following additional conditions: (1) A northbound right -turn lane and a southbound left -turn lane will be provided at the entrance with immokalee Road. These turn lanes will be site -related Improvemerft. The turn lanes will be designed reflective of Immokalee Road as a rural arterial with 55 mph design speed. While the minimum storage length design will be based on a rural roadway and 55 mph design speed, site condition may warrant longer turn lane. (2) Advance warning signs will be provided on Immokales Road, north and south of the project entrance. A total of four advanced warning signs, with flashers, will be provided. The hours that each sign shall flash will be determined by the applicant In consultation with Collier County Transportation Services. Warning signs will be placed approxitmately 700 fleet before the entrance both on northbound and southbound directions. These signs shall read Caution Trucks Entering Highway or some other warning agreed to by Transportation Services. Additional warning signs will be placed approximately 200 feet beforati4e entrance In both northbound and southbound direct orif. Wfe . signs shall read Mine € Entrance Ahead or some other waming agreed to by Transportation Services. All signs (type, size. location, eta) shall be consistent with the Manual On Unftr m Traffk: Control Devices. (3) A flashing traffic signal will be provided at the intersection of the project entrance and fmmokalee Road. Immokalee Road -2- Packet Pg. 1045 will have the flashing yellow indication and the project entrance the flashing red. (4) Coincident with the installation of the flashing yellow traffic signal, the intersection will be illuminated with a streetlight. e. Hours of operation shall be 7:00 AM to 6:00 PM Monday through Saturday; no excavation or hauling operation shall be allowed on Sundays. f. No blasting will be permitted. g. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification is app*ed for through EAC and the BCC and shall be no shallower than 10 feet below existing grade. The excavation shall be limited to a bottom elevation of -1.0 NGVD. h. The petitioner must apply for a Vegetation Removal Permit. Environmental staff shall perform a site visit to determine the need for a vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. i. A lake littoral zone equivalent to 10 percent of the lake perimeter will be planted prior to final acceptance. j. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. k. Off -site removal of material shall be subject to "standard conditions" imposed by the Transportation Services Division in the attached document dated May 24, 1988, as amended in January 13, 1998. 1. Provide all necessary wetland permits prior to obtaining the vegetation removal permit. M. Prior to obtaining the vegetation removal permit that is required In conjunction with the excavation permit, the petitioner shall provide letters from US Fish and Wildlife Services and the Florida Fish and Wildlife Conservation Commission resolving ail wildilfe issues on the site, i.e.. burrowing owls. Florida panther, Floridablacc bear, wood stork, etc. EXHIBIT `D" —3— Packet Pg. 1046 1 9.A.4.d COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF -SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: 1. Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off -site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right -of -Way Ordinance No. 93-64. 3. Off -site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off -site removal of excavated material will have on the road system within the excavation projects zone of influence. If appropriate, road impact few in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. 4. The Transportation Services Administration reserves the right to establish emergency weight limits on public roadways affected by the off -site removal of excavated material; the procddure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. 5'. The 'on Performance Guarantee shall apply to excavation operations and also the maint�air of public roads in accordance with current ordinances and applicable permit stipulations. Page One of Two w w y 7 L J 00 o: M N W 0 0 O N N O N J a co M O ti Packet Pg. 1047 1 9.A.4.d 6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concems for off -site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: A. Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. C. Control of size/depth/number of charges per blast by the Development Services Director. D. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off -site conditions either in terms of private property damage and/or related physical effects of blasting operations. 7. No excavation permit shall be issued until receipt of a release " from the Transportation Services Administration applicable to proper mitigation of off -site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13198 t Page Two of Two Packet Pg. 1048 9.A.4.d RESOLUTION NO.06-157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 60 FEET, OR TO THE CONFINING SOIL. LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN AN AGRICULTURE (A) ZONING DISTRICT IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION I0.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, On November 9. 1999, the Board of Zoning Appeals approved Resolution No. 99-420 for a conditional use for earth mining activities over the same property which is the subject of the instant conditional use petition; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District pursuant to Section 10.02.03 of the Collier County Land Development Code on the property hereafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interest parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters present. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA, that: The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining Venture, LLC, and with respect to the property described in Exhibit "B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District Page 1 of 2 EXHIBIT F Packet Pg. 1049 pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the conditions set forth in Exhibit "D," which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super -majority vote. Done this:S-c day of 90 _, 2006. ATTEST: DWIGHT E_ BROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA By:/ attest at to Fha1rt11 W*uty Clerk FRANK HALAS, Chairman sicnature W11, Approved as tb form -and legal sufficiency: ! 1 fin. i J U► 1 trJeffrey Klatzkow Assistant County Attorney Page 2 of 2 Packet Pg. 1050 9.A.4.d :J s. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �L No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ✓Affect mitigated by <text> ['� k I � S Affect cannot be mitigated `'b r��..aJ� + oar 50V,nAai��J� D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: t'I`0L ,� I1 CHAIRMAN: U �/ Exhibit A Packet Pg. 1051 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1, Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v-' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ✓ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: " , f ~ ` MEMBER: 9.A.4.d 9 I P Packet Pg. 1052 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the LandY]evelopment Code and Growth Management Plan: Yes IV No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes"/ No C. Affects neighboring properties in relation to noise, glare, economic or odor efflatts: iv No affect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within distric Yes No Based on the above findings, this conditional use should, with ipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: ---- Packet Pg. 1 553 9.A.4.d I P FINDING OF FACT BY COLLIER COUNTY PLANNING COMNIISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: Section 10.09 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of-. A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or L""Affect mitigated by <ext> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:-6 L MEMBER: Packet Pg. 1054 9.A.4.d ' 7E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes VDNo B. Ingress and egress to property and proposed structures thereon with particular _. reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress S0AI-41�WOA-1.D Yes ✓ No -PAW 14W,5 C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by m5 +�]V ! lU6l Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ►' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. _. DATE: D % MEMBER: /L(llmri\_� L G� Packet Pg. 1055 9.A.4.d '0 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes '` No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yesy No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by <text> - Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, wi stipulations, (copy attached) (should not) be recommended for approval. F{i } I 11 } DATE: �; j1 MEMBER:U 1 r F Packet Pg. 1056 9.A.4.d 7E FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Lan7No lopment Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &egres>"No *- Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: /ffect or Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within districts Yes J No Based on the above findings, this conditional use should, with stipulations, (co ched) (should not) be recommended for approval. DATE:_ l� OG_ MEMBER: Packet Pg. 1057 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes N— No B. Ingress and egress to property and proposed structures thereon with particular _ reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes 4 No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or � Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes x No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: (1� - A — D L MEMBE • --z� _ — - Packet Pg. 1058 LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" 9.A.4.d .7p . Packet Pg. 1059 £6Z9000ZZOZld 8£OR) SIBI.1a;eW WIN 6ulpnhul;uawnooa dn3he8;ueoIlddd- £;uawipe;;br :;uawy3e;;v � o Q _ j d Y ] e a ip IA ! ! 11 F" I ' s+ 7 r 9.A.4.d Collier County Conditions of Aunroval CU-06-AR-9699 This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The conditional use approval shall be reviewed one year from the date of approval and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. The standards for review are declared in the stipulations of Conditions of Approval for CU-99-16. This condition hereby supersedes stipulation "b" of CU- 99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU-06-AR-9699). 2. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 4. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I. 5. The proposed use shall not adversely increase the quantity of water run-off. 6. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55. 8. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the Exhibit D Packet Pg. 10 11 9./A..4.d u rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 9. 9. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) times a month with a three (3) second maximum duration with a low volume and close pattern to minimize noise and vibration. This condition hereby supersedes stipulation "f' of CU-99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU- 06-AR-9699). 10. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. This condition hereby supersedes stipulation ,g" of CU-99-16 Conditions of Approval, as that stipulation may relate to this conditional use (CU-06-AR-9699). 11. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 12. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 13. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 14. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 15. During each blast a seismograph machine shall be placed in three locations; at the northern property border closes to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 16°i Street N.E. and 20th Street N.E.; at the eastern property border between 52ad Avenue N.E. and 58'h Avenue N.E. 16. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of h edre- existing survey will be given to the homeowner and another copy shall be with the Collier County Engineering Services Department Director. Exhibit D Packet Pg. 1062 9.AAd 17. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. Exhibit D Packet Pg. 1063 9.A.4.d RESOLUTION NO. 08-12 6 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NUMBER 07-274 WHICH ESTABLISHED THE JONES EARTHMINING OPERATION CONDITIONAL USE TO AMEND EXHIBIT D, CONDITIONS, BY REVISING THE NUMBER OF MONTHLY BLASTING ACTIVITIES. a� WHEREAS, on September 25, 2007, the Board of Zoning Appeals (BZA) approved a s conditional use for an expanded earthmining operation (Petition Number CU-04-AR-6904) by w Resolution Number 07-274, a copy of which is attached hereto as Exhibit 1; and 3 L WHEREAS, said conditional use approval was made subject to several conditions a c attached and made a part of Resolution Number 07-274 as Exhibit D thereof; and v WHEREAS, Paragraph 3 of said Exhibit D required that this earthmining conditional use operation be evaluated by staff and be brought back to the BZA for further review; and _M N WHEREAS, on April 22, 2008, staff did bring back the earthmining conditional use for o 0 BZA review and the BZA did review it; and N N WHEREAS, the BZA as a result of its review and hearing on the matter determined that a certain changes to said Exhibit D conditions where necessary; and co M WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as N Exhibit 1 with a revised Exhibit D attached hereto as Exhibit 2 m NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS 2 OF COLLIER COUNTY, FLORIDA that: Exhibit D of Resolution Number 07-274 is amended to read as set forth on the a� _ revised Exhibit D attached hereto as Exhibit 2 and incorporated by reference herein. U BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this ` c Board. This Resolution adopted after motion, second, and super -majority vote, this day of 2008. ATTEST: Dwight E.-#ro¢ .Flerk By: L+f.(/(�J .L . �Ma..QRSuiv Clerk ftuft as Appro ,4s toT d and legal sufft,Ctency: Marjorie)M. Student -Stirling Assistant County Attorney BOARD OF ZONING APPEALS COLLYRCNTY,F ORIDA By: TOM HENNING, CHAIRMA MMSS — amending Reso. No. 07-274 1 Words struek—threugh are deleted; words underlined are added. Packet Pg. 1064 9.A.4.d Collier County, Conditions of Approval CU-04-AR-6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or www.jonesmining.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D of Resolution 07-274 — revised 5-1-08 MMSS Exhibit 2 Words stFuek thfaug-h are deleted; words underlined are added. Packet Pg. 1065 9.A.4.d 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eighteen (18) blaster b � �� number of blasting activities shall be „limited to eight 8 da s per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended. 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. Exhibit D of Resolution 07-274 — revised 5-1-08 MMSS Exhibit 2 Words stfuekhfeugh are deleted; words underlined are added. Packet Pg. 1066 9.A.4.d to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eighteen (14) fines a eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 161h Street N.E. and 20'h Street N.E.; at the eastern property border between 52°d Avenue N.E. and 581h Avenue N.E. 30. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, Exhibit D of Resolution 07-274 — revised 5-1-08 MMSS Exhibit 2 Words str-tiek thr-etio are deleted; words underlined are added. Packet Pg. 1067 9.A.4.d woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 190 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D of Resolution 07-274 — revised 5-1-08 MMSS Exhibit 2 Words stnaek thr-ou .h are deleted; words underlined are added. Packet Pg. 1068 9.A.4.d RESOLUTION 07-z2A A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUN DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL - MOBILE HOME OVERLAY (A -MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTION 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99--420 AND 06-157. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99-420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No. 99--420 and 06-157, so tbat this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, fias held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and Exhibit 1 Page I of 2 (17 pages) Packet Pg. 1069 9.A.4.d WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.1), of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of Collier County, Florida, that: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural -Mobile Home Overlay (A -MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of material in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D" which is attached hereto and incorporated by reference herein. (2) `rhat this Resolution hereby supersedes and replaces Resolutions No. 99-420 and 06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super -majority vote, this �Sday of 2007. ATTEST: DWIGHT E. BROM CLERK By: Attest Its 4I"tfClerk :SQMtIitP! ta/ pr I tciency: Jef y latzkow Ma 'gin ssistant County Attorney BOARD OF ZONING APPEALS COLLIER CO NTY, R A B y: JKWS COLETTA, Chairman Page 2 of 2 Packet Pg. 1070 9.A.4.d G c FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION w FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine -J The following facts are found: W Iq co W Cn 1. Section 10.08 of the Land Development Code authorizes the conditional use. N 0 2. Granting the conditional use will not adversely affect the public interest and will not o adversely affect other property or uses in the same district or neighborhood because of: c A. Consistency with the Land Development Code and Growth Management Plan: N J a. Yes V% No co M N B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and, control, and access in case of fire or catastrophe: Adequate ingress & egress z c Yes ;,/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: E No affect or Affect mitigated by } r �� 'r - �c� `"r'`�'' o o _k__ Affect cannot be mitigated a D. Compatibility with adjacent properties and other property in the district: m Compatible use within district r c .Q Yes No Q' a M C Based on the above findings, this conditional use should, with stipulations, (copy attached) E (should not) be recommended for approval. DATE: r� C.. 7 , CHAIRMAN: i✓ f .�t�+-.�, E s 0 Q EXNIBIT A _.... - -._._. .___._.�_._—._ ...._-..__.._. �......__..._. _.__....._...__. Packet Pg. 1071 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR 6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: P----"No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. r r Q DATE: 1 MEMBER:��' r�> E s w Q Packet Pg. 1072 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mime The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ytsNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di t Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 01 MEMBER: Packet Pg. 1073 9.A.4.d - FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: l . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �,; No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or -�,/ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No Based on the above findings, this conditional use shoul4with stipulations, (copy attached) (should not) be recommended for approval. 11 DATE: MEMBER: -� Packet Pg. 1074 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Dev lopment Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic Bow and control, and access in case of fire or catastrophe: Adequate ingress & egreINO Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by .. - __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: °� - G MEMBER: Packet Pg. 1075 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine Che following facts are found: ►FN Section 10.08 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _x No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes / ' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 16— Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: O ? MEMB 4 �— Packet Pg. 1076 9.A.4.d — FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.09 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve meet Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ZNO C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ' Z No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: % Packet Pg. 1077 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. A. Consistency with the Land Development Code and Growth Management Plan: Yes 'I No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and conveinience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �� No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: l No affect or V Affect mitigated by V/ T%1 l-7Pitt . 47IV Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:' MEMBER:�(�� a� w w r L _ J O O W Cn M N W O O 0 N N O N J a 00 M 0 N Packet Pg. 1078 -- 9.A.4.d LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" Packet Pg. 1079 1% 0 9.A.4.d Collier County Conditions of Approval CCU-04-AR-6904 Laud Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. ! . The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, and every two years subsequent to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a bi-annual $40,000 fund that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or www.jonesmining.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10, Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D ...............--- .----------- Packet Pg. 1081 9.A.4.d 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eighteen (18) blasts per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan, 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase 1 and 11. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. if the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D ----w - _- ---. Packet Pg. 1082 9.A.4.d 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eighteen (18) times a month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to lmmokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 10 Street N.E. and 20'h Street N.E.; at the eastern property border between 52"d Avenue N.E. and 58th Avenue N.E. 30. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 32. Evidence of U_S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D - Packet Pg. 1083 9.A.4.d FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Packet Pg. 10874 9.A.4.d a� t c� w N 3 i H _ t0 J to Iq 00 w Cn M N r,p O O O N N O N J a 00 M O ti N NO BLAST ZONE BLAST ZONE PROJECT: S.R. 846 LAND TRUST EARTH MINE CLIENT: S.R. 846 LAND TRUST ■ �r warNrww.� c �rr"mow wi',onmiller scue 1'=1500' wr i0171200'7 Pfmnsre • Enpfneen • EcobVists • Surveyors • tandscme Archtrecte • TranspMadon Cons"Manh SEC: T NT Rae. REV Np; 47148 27 Mlson011ar, Inc. PROJEGTMo. woexNo; 04208-000-000 3200 Sadly tone, Suite 200 • Rapkr. Ffodds 340541607 • Ph" 239-6494940 • Fax 235-263.6494 • Web -Sift ~..wboowr&r.rom GRWN aYIEUP NO, 9NEE[NO; 1 pr 1 - - - - Packet Pg. 1085 9.A.4.d RESOLUTION 08- 2 9 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT- OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99-420, 06-157 AND 07-274. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99-420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and Packet Pg. 1086 9.A.4.d WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, on September 25, 2007, by Resolution 07-274, a copy of which is attached as Exhibit G, the Board of Zoning Appeals of Collier County approved a third Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CUR-2008-AR-13539, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolution Nos. 99-420, 06-157 and 07-274, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.I. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit B attached hereto and incorporated by 2 Packet Pg. 1087 9.A.4.d reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural -Mobile Home Overlay (A -MHO) district for earth mining excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of materials in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit C) and subject to the conditions set forth in Exhibit D which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolution Nos. 99-420, 06- 157, and 07-274, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super -majority vote, this g=3 day of ATTEST: DWIGHT E. BROCK, Clerk _ _1 J By:. Attest Asr to C?igiro it ' eputy Clerk signature,'o,nilo. . Approved as to form andr legal sufficiency: Steven T. Williams Assistant County Attorney C P\08-CPS-00872\Reso BOARD OF ZONING APPEALS COLLIER C UNTY, LORIDA By:. TOM HENNING, Chairma 3 Packet Pg. 1088 9.A.4.d m c FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION w FOR U) A CONDITIONAL USE PETITION FOR c CU-AR-6904 Land Trust Earth Mine -J 00 The following facts are found: W W M 1. Section 10.08 of the Land Development Code authorizes the conditional use. N W O O 2. Granting the conditional use will not adversely affect the public interest and will not N adversely affect other property or uses in the same district or neighborhood because of: N J a A. Consistency with the Land Development Code and Growth Management Plan: 00 M O Yes No N B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and; control, and access in case of fire or catastrophe: 2 2 Adequate ingress & egress 0 rn Yes V' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by+ �rh .r.. �c3 ` ^ �',`)'' �� ' , C r J'C Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes , No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. r DATE:CHAIRMAN: ! �� - , J j:l �►-�, FXHIBIT A Packet Pg. T! 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1090 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -11/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ►-�No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V11"No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. a p w DATE: 4 Z MEMBER: c� w r a Packet Pg. 1091 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1092 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of. - A. Consistency with the Land DDeeVelopment Code and Growth Management Plan: Yes ✓ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress " / Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within dis ' t Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 01 MEMBER: r Packet Pg. 1093 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1094 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or -�/ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes �' No Based on the above findings, s, this conditional use shoul,�i, with stipulations, (copy attached) (should not) be recommended for approval. 1 i' DATE: MEMBER: I d c w F c J (.0 coIct W U) M_ N �O O O O N N 0 N J a 00 M 0 N Packet Pg. 1095 9.A.4.d LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 1N TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 OMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" Packet Pg. 1096 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: l . Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land7NO lopment Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egre/NO Yes C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: °7 - lJ � MEMBER: Packet Pg. 1097 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of - A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1098 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _x No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress � Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 4— Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. a DATE: ��— O i MEMB �a r a Packet Pg. 1099 9.A.4.d FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: CHAIRMAN: Packet Pg. 1100 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve went Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes INo C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ' No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: ,% Packet Pg. 1101 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1102 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes I. / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or t' Affect mitigated by f' 111 li 7-/0k-!'� Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district il 1. , Yes L" No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: ; .t n, I F c w y L c J O O W co M N O O O 0 N N O N J a 00 M O N Packet Pg. 1103 -- 9.A.4.d FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Pg. 1104 9.A.4.d LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" Packet Pg. 1105 9.A.4.d PROJECT: S.R. 846 LAND TRUST EARTH MINE CLIENT: S.R. 846 LAND TRUST wils6almiller hu..w.ea:-CrelkNdaw I Planets _ Engtsrsrs • Ecologists . Surveyors . Landscape Archtlects . iranapodaflon consultsnfs WllsonMiller, Inc. 3200 9eUey fare, Suits 200 • Nsplse, Florida ]N6SIS07 • P6oro 239-6494040 -Fix 2ns-26moq . ftb-Siff awwEMb0M&f.gsm SCALE 1'=151 SEC TWP 471, PROJECT NO. 04208-000 O.N MEW MO. NO BLAST ZONE BLAST ZONE LUTE: 101212007 1 or I Packet Pg. 1106 Attachment "C" 9 { pp 5 W iW .''LLI :: .. 'Q d d Q Q d Q d LO Q (- U U W W 0 • 3 f}+ r e �t - .. p,All r r z n�cli CL Z... .. .. �_ W (} U U d W ul 9h8 it 0 Ovo 3A-IVNOMIWI M-16 9.A.4.d Collier County Conditions of Approval CU-04-AR-6904 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, again one year after the first anniversary review, and every subsequent two years thereafter to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. 5. Jones Mine shall set-up a $40,000 fund to be paid biannually in $20,000 increments that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The local damage contact will be Mr. Damon Jones at 239-304-1506 or www. j onesmining.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Packet Pg. 1109 9.A.4.d 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D Packet Pg. 1110 9.A.4.d 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern property border adjacent to the closes residential structure between 16`h Street N.E. and 20`h Street N.E.; at the eastern property border between 52"d Avenue N.E. and 58`h Avenue N.E. 30. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D Packet Pg. 1111 9.A.4.d FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Packet Pg. 1112 9.A.4.d I_ m RESOLUTION 99- 4 2 0 S A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN EARTH 41fNING- EXCAVATION OF FILL MATERIAL CONDITIONAL USE "1" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST AND SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Lawn of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Cede (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County, Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that; The petition filed by R. Bruce Anderson, Esquire of Young, Van Assenderp, Varnadoe and Anderson, PAL, representing the SR-846 Land Trust, with respect to the property hereinafter described as. EXNr bit "B" which is attached hereto and incorpo-MQ byreferance herein Attachment "E" -1 Packet Pg. 1113 9.A.4.d be and the same is hereby approved for Conditional Use 1- of Section 2.2.23. of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (EzWbit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this —Iti. day of s, 1999. BOARD OF ZONING APPEALS S COLLIER COUNTY, FLORIDA BY. / AMELA S. MAC'ICIE, OMAN 'ATTEST: . DWIGHT 4.`R'OCK, Clerk Approved as to Form andAttest as to Ch1frW'= Legal Sufficiency: signature only. Marjo ' M. Student Assistant County Attorney gladndn*d1ion/CU-99-16/ RESOLUTION -Z_ Packet Pg. 1114 £I,Z9000ZZOZ-Id : 8£OLZ) SlelaaIEW WIN 6ulpnl3ul;uawn3od dnM3e8;ue3llddy- £;uawLI3e;}y :4uawg3e;}y Q �rrrir rrM �.wrrMM� N6co �-j V in 12 11 9.A.4.d RESOLUTION NO.06-157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 60 FEET, OR TO THE CONFINING SOIL LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN AN AGRICULTURE (A) ZONING DISTRICT IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE TV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, On November 9, 1999, the Board of Zoning Appeals approved Resolution No. 99-420 for a conditional use for earth mining activities over the same property which is the subject of the instant conditional use petition; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District pursuant to Section 10.02.03 of the Collier County Land Development Code on the property hereafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interest parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters present. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: The petition filed by R. Bruce Anderson, Esq., of Roetzel & Andress, representing Mining Venture, LLC, and with respect to the property described in Exhibit `B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet, or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District Page 1 of 2 «F„ Packet Pg. 1116 9.A.4.d pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C"), and subject to the conditions set forth in Exhibit "D," which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second, and super -majority vote. Done this:!E—U+,moo day of <90 2006. ATTEST: BOARD OF ZONING APPEALS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA G7 �Q �C By. �- l At t xs tQ t�1a1iM*WdPuty Clerk FRANK HALAS, Chairman tlgnatur: onl* Approved as to form`and legal sufficiency: (� Jeffrey AJ K atzkowt u Assistant County Attorney Page 2 of 2 Packet Pg. 1117 9.A.4.d RESOLUTION 07- 274 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUN DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL - MOBILE HOME OVERLAY (A -MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 & 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTION I AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99-420 AND 06-157, WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99-420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and WHEREAS, on June 20, 2006, by Resolution 06-157, a copy of which is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CU-2004-AR-6904, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No. 99-420 and 06-157, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property, and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and at s R LU N H c to J co 0 W to M N to 0 0 0 N N 0 N J d 0 M 0 N Page 1 of 2 Exhi Packet Pg. 1118 9.A.4.d WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY The Board Of Zoning Appeals Of Collier County, Florida, that: (1) The petition filed by R. Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit "B" attached hereto and incorporated by reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural -Mobile Home Overlay (A -MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of material in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the conditions set forth in Exhibit "D" which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolutions No. 99-420 and 06-157, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second and super -majority vote, this c2rday of Pam, 2007. ATTEST: DWIGHT E. BROCK, CLERK By: nr Attrit as TSW#Clerk tlaratrr� d r_ Attorney BOARD OF ZONING APPEALS COLLIER CO NTY, OR A By: J MES COLETTA, Chairman Page 2 of 2 Packet Pg. 1119 9.A.4.d RESOLUTION NO. 2012- 15 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA CONDUCTING A RE -REVIEW AND AMENDING THE CONDITIONS OF APPROVAL IN RESOLUTION NUMBER 08-290 WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION, BLASTING AND PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS AND EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST, AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 08-128 AND 08-290. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99420, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining, excavation and related processing with respect to the same property which is the subject of this conditional use re -review, which property is described in (Exhibit "A') which is attached hereto and incorporated by reference herein; and WHEREAS, on June 20, 2006, by Resolution 06-157, the Board of Zoning Appeals of Collier County approved an amended Conditional Use to allow blasting of material within the same property which is the subject of this conditional use re -review; and WHEREAS, on October 10, 2006, by Resolution 06-264, the Board of Zoning Appeals approved an amendment of Resolution 06-157 to correct scrivener's errors in the legal description and zoning classification; and WHEREAS, on September 25, 2007, by Resolution 07-274, the Board of Zoning Appeals of CUR-PL2011-1177 / SR 846 Land Trust Rev. 1/17/12 1 of3 Packet Pg. 1120 Collier County approved an amended Conditional Use with respect to the same property which is the subject of this conditional use re -review to expand the boundaries of the excavation area and repeal Resolutions 99420 and 06-157; and WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure that the public health, safety and welfare is adequately addressed, and WHEREAS, on April 22, 2008, and by Resolution No. 08-128 adopted on May 13, 2008, the Board of Zoning Appeals, as part of the re -review of the Conditional Use, approved amendment to the conditions of approval at the mine owner's request, and WHEREAS, on September 23, 2008, the Board of Zoning Appeals conducted a re -review hearing on the property that is the subject of this re -review hearing and approved Resolution No. 08- 290 which approved an amendment to the conditions of approval proposed by the County and repealed prior Resolution Nos. 99420, 06-157 and 07-274; and WHEREAS, on October 13, 2009 the Board of Zoning Appeals conducted a re -review hearing on the property that is the subject of this re -review hearing but determined that there was no need to change the conditions of approval and therefore did not adopt a Resolution; and WHEREAS, the owner of the subject property, SR 846 Land Trust, has filed Petition No. CUR-PL 2011-1177, as required by the prior conditions of approval for a re -review of those conditions, and is requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the subject of this re -review hearing; and WHEREAS, the parties wish that this Resolution repeal and replace Resolution Nos. 08-128 and 08- 290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses for the subject property; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing artier notice as in said regulations made and provided and as provided in Resolution 08-290, and has considered the advisability of amending the conditions of approval; and WHEREAS, the Collier County Planning Commission previously has found as a rnatter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.1. of the band Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public rneeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: CUR-PL2011-1177 / SR 846 Land Trust Rev, 1/17/12 2 of Packet Pg. 1121 9.A.4.d 1. Petition Number CUR PL2011-1177 filed by R. Bn= Anderson, Esquire of Roetael & Andress and Margaret Pent' of Stantec representing SR 846 Land Trust with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved and the Board hereby amends the conditions of prior approvals in accordance with the Conceptual Master Plan described in Exhibit "B" and as set forth in the Conditions of Approval described in Exhibit "C". Exhibits "A", "B" and "C" are attached hereto and incorporated herein by reference. 2. That this Resolution hereby repeals Resolution Nos. 08-128 and 08-290 which are accordingly no longer of any legal force or effect. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, second, and super -majority vote, this,2 of 2012. ATTEST: DWIGHT E. BROCK, CLERK T�f Jerk �a.�<•> +�((yyes �• zY:.. ��t's.:�.tt k Approved is'fo form and legal sufficiency: �4_='L—) Steven T. Williams SZr�1111\a Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: W. Attachments: Exhibit A — Legal Description Exhibit B — Master Plan Exhibit C — Conditions of Approval CP: 1 1-CPS-0111811 S CUR-PL2011-1 177 / SR 846 Land Trust Rev. I/17/12 3 of FRED W. COYLE, Chairm Packet Pg. 1122 1 9.A.4.d L[]Ga=,L DESCRIPTION ALL OF SECTIONS 33 Ar!D 35 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "A" Packet Pg. 1123 9.A.4.d / T N 6 S ,y 00 CC) U BLAST ZONE 0 4 PHASE I ! q ,z i } NO BLAST ZCNE I` BLAST ZONE ?RC.IECT. S,R. 846 LAND TRUST EARTH MINE � CLIENT: S.R. 846 LAND TRUST 1 wil ��I�.��� Pa.m,.n c�pMtwr Fcdopbrr J�mJan Llnam-pr A.•:hA::b RtnrportallaeCWultant/ 1•.1500• 10r2/2007 xe 'a+ wt 47148 27 +ev.a iY1IS0RM7IIlf, miC. FM1 Acr 4p04208-000-000 +�+� On WM tY[ul My a�f[t rp: 1 � ' , 177p/riry Wu, Sul4:p/. Ny4r, F;ay/74f/S/S/1A1av 7]/.141-:/t/•Ft! ;75:174/14ilYkifi wv,nba`n/Wtls --- EXHIBIT !!BF! _ -. __._ Packet Pg. 1124 9.A.4.d Exhibit "C" Conditions of Approval for January 2012 Re -Review Mining Ventures, LLC, Petitioner; SR 846 Land Trust, Property Owner CUR-PL2011-1177 Collier County Conditions of Approval CUR-PL2011-1177 S.R. 846 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4. The local damage contact will be Mr. Damon Jones at 239-304-1506 or collieraggregates.com. 5. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 7. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 8. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 9. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi-annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. 10. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. Exhibit "C" Packet Pg. 1125 9.A.4.d October 2011 Conditional Use Re -Review Response to Conditions of Approval CUR-PL2011-1177 — Resolution 08-290 Mining Ventures, LLC 11. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 12. The storm water run off quality should not be affected with the proposed excavation area expansion. 13. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 14. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 15. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and II. 16. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 17. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04- 55, as amended. 18. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 19. The hours of blasting shall be limited to 9:00 A.M. to 4,00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 2 Packet Pg. 1126 9.A.4.d October 2011 Conditional Use Re -Review Response to Conditions of Approval CUR-PL2011-1177 — Resolution 08-290 Mining Ventures, LLC 21. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 22. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 23. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 24. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 25. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between W' Street N.E. and 20t' Street N.E.; at the eastern property border between 52"d Avenue N.E. and 58th Avenue N.E. 26. A pre -blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre -blasting inspection criteria of Ordinance 04-55. One copy of the pre-existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 27. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre -construction meeting or prior to excavation permit approval. 28. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 29. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through 3 Packet Pg. 1127 9.A.4.d October 2011 Conditional Use Re -Review Response to Conditions of Approval CUR-PL2011-1177 — Resolution 08-290 Mining Ventures, LLC the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 30. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 31. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 32. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase of the project as required by FDEP Permit #0271820-001. 33. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 34. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 35. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 36. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 37. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 38. Blasting shall be limited to the blast zone depicted on the attached map. 61195540 4 Packet Pg. 1128 a 8�s o e � m w� m �8 Z �a coosy $ x00 W 3 w CO n a� N W ¢ z w m z V F 1 C38 oN�a X 0 Qb O N g G O 0Q v J Z w v a FN o�=& U <$ = J W Z Q W W Q LE C N o g LL m �UjO CL w w� L.L Q ZF � � N O CV) ~ U U Z(aw c Q r^ vQJ `l T� cn z z �ZJ Z ZU0 Q J oco w �M W 1 1 W � J Z cc J Q Q cc.� W < who w Z W W 2olk c0 Z co ■ I ilo I 1p4 oily ¢a� k`< gill w 2e fgg3ag s a� ffi 3 � N1ffiffi ffi • Y F� gibg �rc 5 03� ia��1 L U J D ~ w D Z w Z g Z Z co dt 3p � � F { i l a s � 5 e 9.A.4.d Colber County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 PLANNING AND REGULATION (239) 252-2400 FAX (239) 252-6358 www.collieraov.net APPLICATION FOR INSUBSTANTIAL CHANGE TO ❑ Site Development Plan XSite Improvement Plan PETITION NO (PL) PROJECT NAME DATE PROCESSED SIPI-PL2010-2116 REV:1 SR-846 LAND TRUST DATE: 11124i10 DUE: 1213/10 ��6CiP�r converted to I PROJECT INFORMATION I ASSIGNED PLANNER PROJECT NAME: '5X15761Fl9 Car'0-J a0zd 5"117 ORIGINAL-BP/SIP NO. Section/Township/Range /' 7- 1_ "711R27 5 vo b M 10,156 APPLICANT INFORMATION NAME OF APPLICANT(S) mks R . 5u r�+�sa+ ^/A 777 ADDRESS cE� 5 ANTE ya�c 7 FP--7& Mr"' r4-. 3 3gG -7 TELEPHONE # CELL # FAX # 2 31. f f l.. `f'GG/ E-MAIL ADDRESS: bira4v►(c5-5 MJ4 essnrn a.i ck C3 coovic•ss �- ke-14- NAME OF OWNER �` � �4,"-4 7--A f' (-AA1"e- 44e-I FSar.sc•r� 3&S'k c,. pTc�AIT, true. ADDRESS CITY (STATE ZIP TELEPHONE # CELL # FAX # z 3?. &g 3 33f'S E-MAIL ADDRESS: M1:7,vva,&i [? Ive-rrac. cpw2 DETAIL OF REQUESTED CHANGE(S) DESCRIBE IN DETAIL WHAT CHANGES ARE REQUESTED INCLUDING THE SHEET NUMBERS OF THE PLANS AFFECTED BY THE CHANGE. Please note that changes to one set of plans may require changes to other plans: for example, relocation of a fire or utility line shown on the site plan may require changes to the landscape plan; the addition of a carport or awning to a commercial site would require the submittal of Architectural plans. �e- x 15 Packet Pg. 1131 9.A.4.d BROOKS R. SWANSON AIA 7916 Drew Circle # 7 Fort Myers. FL 33967 22 November 2010 Planning & Regulation Growth Management Division Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Re: Insubstantial Change to SIP 2006-AR-10158 Telephone j239j994-4661 bro oksswansonda4comc ost.net SIPI-PL2010-2116 REVA 5R-846 LAND TRUST DATE: 11/24/10 DUE: 1213110 We are requesting the following changes to the above referenced Site Improvement Plan originally provided by Wilson Miller. The proposed changes include the clean-up of the existing canal that runs on the east side of Immokalee Road, clean-up of the existing entry to the property from Immokalee Road and added landscaping. These changes were discussed with Mr. Mike Sawyer on 2 November 2010 and it was agreed these changes could be submitted as an Insubstantial Change to the previous Site Improvement Plan. is any question in this regard, please contact me. Thank you. R. Swanson AIA cc: I Michael Boran cc: Willie Strickland Packet Pg. 1132 SmartZone Communications Center Page 1 SmartZone Communications Center brooksswansonaia@comcast.ne + Font size - Immokalee U-Pick From : brooksswansonaia@comcast.net Subject: Immokalee U-Pick To : mikesawyer@colliergov.net Tue Nov 9 2010 1:31:20 PM Mike, within the Submittal Requirements for an Insubstantial Change to an existing SIP, I need an email from the Planner I discussed the project with. Can you please respond that we discussed the project on 2 November, 2010, and you deemed the change to be insubstantial? The requested change is to clean up the existing canal running parallel to Immokalee Road and plant some cabbage palms Thank -you for you help, if you have any question or need additional information regarding this just let me know, Brooks SIPI-PL2010-2116 REVA SR-846 LAND TRUST DATE: 11/24/10 DUE: 1213/10 http://sz0172.wc.mail.comeast.net/zimbra/h/printmessage?id=22847&xim=l 11/11/2010 Packet Pg. 1133 9.A.4.d Community Development & Environmental Services Ca Eger C mxty 2800 Horseshoe Drive N. `' , ~-• Naples, FL 34104 239-252-2400 Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number: Full Amount: Amount Tendered: Overage Amount: Contact: FEES: RECEIPT OF PAYMENT 201028806 2010-009118 11/23/2010 Check 1026 $600.00 $600.00 $0.00 Brooks R Swanson, AIA 18871 Cypress View Drive Ft Myers , FL 33967 Description Reference Number Original Amount GL Account Fee Paid Site Improvement Plan, PL20100002116 $400.00 $400.00 131-138326-343989 Insubstantial (FR) Fire Code Review - Site PL20100002116 Improvement Plan Insubstantial Change Plan Sheets fee (SIPI) PL20100002116 Cashier Name: kathleenvansickle Batch Number: 1781 $100.00 $100.00 113-000000-209102 $100.00 $100.00 131-138326-343989 SIPI-PL2010-2116 REV:1 SR-846 LAND TRUST DATE: 11/24/10 DUE: 12/3110 Packet Pg. 1134 f 1 U,q . ues 1 gn weilles of FL 239+454+3433 ���hh� Court �oxt�e� r�y ..nvnf'/.-..5`rF•„C'wtd,4 a,i^1�,�n'6.ien"+!M,T�. 11/03/2010 13:49 #544 P,0011003 COL,-?FR COUNTY GOVERNMENT GROWT14 MANAGEMENT DIViSION! 23ao NORTH HORSESHOE DRIVE PL_ANMNG AND REGUI_N-i-ION NAPLES, FLORIDA 34104 (739) 252-2400 FAX (239) 252-5724 WWW.CpL 1!"RGt7V.NET Please complete the following and fax to the Operations Department at 239-252-5724 or submit in 'Pe Addressing Department at the above address, Form must be signed b ddressin a an rlSO ta° fee appiicatian meetin lease allow 3 days for rocessin Not all items will apply to every project, Items in bold type are required, FOLIO NUMBERS MUST GE PROVIDED. Forms older than 6 months will require addition2l review and approval by the Addressing Department, PETITION TYPE (indicate type below, complete a separate Addressing Checklist for each Petition tvoEI ❑ SL (Blasting Perrnit) ❑ BD (Boat Dock Extension) ❑ Carnival/Circus Permit (] CU (Conditional Use) ❑ EXP (Excavation Permit) [] FP (Final Plat ❑ LLA (Lot Line Adjustment) PNC (Project Name Change) PPL (Plans & Plat Review) ❑ PSP (Preliminary Subdivision Plat) ❑ PUD rezone © RZ (Standard Rezone) ❑ SDP (Site Development Plan) ❑ SOPA (SDP Amendment) ❑ SOPI (insubstantial Change to SDP) SIP (Site Improvement Plan) LK SIPI (insubstantlal Change to SIP) SNR (Street Name Change) ❑ SNC (Street Name Change -• Unplatted) ❑ TUR (Transfer of Development Rights) ❑ VA (Variance) ❑ VRP (Vegetation Removal Permit) ❑ VRSFP (Vegetation Removal & Site Fill Permit) ❑ OTHER LEGAL DESCRIPTION of subject property or properties (copy Of lengthy description maybe $,,ached) 5c� fi3 3; w++d 36 ewi+ah� Sec fieNg / a.r.d 2 �%A' fie t Ran �. %2�7 E.cs FOLIO (Property 10) NUMSER(s) of above (attach to}orfasso�cl�afe with al descat ry a � 7 E-4 X74 1410x � 0 / 9 *flon if more than one) 7 � /• Gb 3cr+ $ l�s���s/ /✓s. oa gosj �. f�oolJ STREET ADDF�ESS or ADDRESSES (as appilcRbJe, /6if already Resigned) 00� !"'"'"*'+pea/sue /Zs��- + LOCATION MAP must be attached showing exact location of projecilsite in relation to nearest public road right- of-way SURVEY (copy - needed only for unp(atted properties) PROPOSED PROJECT NAME (if applicable) PROPOSED STREET NAMES (if applicable) SITE DFVEl�OPMENT PLAN NUMBER (for existing projecis/sftas only) SDP - or AR or PL # ,L S //P 7 ma6 - Al? � < / � Sa SIPI-PL2010-2116 REV:1 SR-846 LAND TRUST DATE: 11 /24/10 DUE: 12/3110 Packet Pg. 1135 r•rom:3esign Schemes of FL 239+454+3433 11/0312010 13:50 #544 P-002/003 + coil er 11�Vunty COLLIER COUNTY GOVERNMENT 13ROVVTH MANAGEMENT DIVISION( z8Q0 NORTH HORSESHOE DRIVE PLANNING AND REGULATION NAPLES, FLORIDA 34104 (239)2fi2.74ap FAX (239) 252 5724 UV'd1IW,GdJLIERGOV.NET Project or development names proposed for, or already appearing in, condominium documents (if application; indicate whether proposed or existing) Please Check One: [] Checklist is to be Faxed back Personally Picked Up APPLICAN'TNAME. 6-IftIA5 5weth9�� PHONE 71?f FAX �4f 5 f . �-3_ Signature on Addressing Checklist does not constitute project and/or Street Name approval and is subject to further review by the Operations Department, FOR STAFF USE ONLY FL.N Number (Primary) O ZC7 Z t:Ca r Folio Number 0 Q p?—O q '7 © p G� Q Folio Number p Q + 'Z, '4 Folio Number Approved by; Date: S -- J (Q Updated by: Date: Packet Pg. 1136 nceaaozzone��¢I ..uw.ww .n a-oarraa L a�tg `2tan� a+a5d 9[bL 'Fll� UOSLmmS"'-dSlooig rszz�a 4994'4b6-6 £Z ?��id lt� - �' Ek yrx$ pBOYi as{eKonmt 6009t � � 3 1SM.LPURI909--H� u anttwa,�a Ifds� s=paYE; 1 3 , s el � o e x _ � $ m m j ` t o ® � Cf) a U v 5 ® �o ® s��z�`i lah � i •• w2� M u�8rc LIJ $ Z Fa- a x m p 1 N CL a M w 9 _M:7 ■ z k m 4 $£� _ 24 i � n � I Wc�o� 3s to ems."sue s rot- ni i:��' C� � Ttk IF 2 gg ll I 9.A.4.d GeoSon*ics REPORT 846 MINE, LLC 1370 South Ocean, LLC 95 North County Road Palm Beach, FL 33480 February 18, 2023 BLASTING EVALUATION 846 Mine, LLC Collier County, FL Packet Pg. 1140 9.A.4.d Blasting Evaluation 846 Mine, LLC February 18, 2023 *114Xd11j11y/:1111411,111if, I►Yi/_lWA 846 Mine, LLC Blasting Evaluation Collier County, Florida This report is provided to review operations and safeguards planned for 846 Mine, LLC to modify the existing conditional use permit. This summary is based upon current operational blasting records to address proposed changes for the blasting areas of the quarry. Specifically, this review was made to address operations using commercial explosives necessary for the excavation and removal of materials with minimal disturbance to the adjacent community and to maintain the vibration and air overpressure (airblast) limits of the State of Florida and those within the conditional use permit. The 846 Mine currently conducts quarrying excavation within the site to recover aggregate materials. Resource evaluation had been completed by geologic drilling and the original permitting revealed that due to the hardness of the underlying aggregate, drilling and blasting is necessary. This process is common for quarrying, mining and construction operations and is done with safety in mind for the operations personnel and also the surrounding community. Concerns are typically expressed for adjacent communities when commercial explosives are proposed and / or necessary for the excavation of aggregate materials. This evaluation examined the charge weights of explosives currently used and through regression analysis vibration levels are calculated for the new areas to be excavated. In turn all of the levels projected meet with the standards of the State of Florida for Construction Material Mining Activity which include U. S. Bureau of Mines (USBM) recommendations which are the limits recommended to preclude defects from occurring in fragile building materials of adjacent structures. The same evaluation was performed for air overpressure (airblast) which is caused as explosives are detonated and create gases which vent after fracturing rock in the blast pattern. These levels are also referenced to State and USBM recommended limits and projected levels, even at the closest structure would meet the criteria. This evaluation recommends community neighborhood relations that may be incorporated by the operation to assist in documenting and safeguarding adjacent communities. These include blast notifications while also recording and reporting vibration and airblast levels. Overall, the 846 Mine is able to be developed and continue to be operated with minimal perception within adjacent communities. During active blasting operations in no case have levels been observed that would be capable of creating any time of defect in adjacent structures. 141 GeoSonics Page 2 of 14 Packet Pg. 1141 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida PURPOSE This evaluation was prepared to evaluate the use of commercial explosives at the current operating 846 Mine, Collier County, Florida. The quarry has operated since November 1999 when a Conditional Use permit was provided. The site is designed with an excavation of a quarry pit to service the local area. The project is adjacent to Immokalee Road on the western side and bounded by large lot properties to the north, east and south. The Phase I and Phase II current excavation areas are identified within the drawing located within the Appendix to this report. This evaluation is to assess the levels that may be produced with the request to expand the operational blasting areas. This would result in the operational blasting area moving approximately 1,200 feet farther south; while expansion to the east would expand approximately 770 feet eastward. Evaluations of the need for the use of explosives, general procedures and the detonation of explosives and resulting side effects are provided for within this report. QUARRYING OPERATIONS Mining of aggregate materials cannot occur in every location but is specifically located where aggregate (stone) is available in generally close proximity to the surface. The 846 Mine shows through geologic exploration that rock in this area has an area that may be mined and is relatively close to the surface of the land with an amount to support longer term quarrying. Due to the depth and mass of the rock underlying the overburden and the existing water table, mechanical means of extraction, i.e., backhoe, power shovel and / or front-end loading machines cannot remove the material. As such, the overall procedure is to remove softer overburden materials from the rock mass and then drilled holes are prepared and commercial explosives loaded and detonated in specific patterns which break the rock for excavation by mechanical means. Once removed the next section of material is drilled and loaded in sequence to finish out the bench. This process will continue throughout the life of the quarry. COMMERCIAL EXPLOSIVES LOADING AND DETONATION Common misconception by the public results from the use of commercial explosives and the side effects produced. Blasting has been used throughout the United States for mining and quarrying in many different methods. Typically, an area will be leveled and a specific blast hole drill is employed to drill to a measured depth. The holes are drilled on designed patterns (18 X 18') and to specific depths. In this case the drilled hole depth is 25 feet. Specific blast patterns are developed and / or modified on -site in conjunction with the mining engineering group and the blaster of record for the explosive's contractor. Each blast hole drilled contains a cardboard tube of a 4.5" diameter and is part of a larger pattern with multiple holes designed to fragment and break the rock. Once the blast pattern is developed the holes are drilled to depth until all are completed. 141 GeoSonics Page 3 of 14 Packet Pg. 1142 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida The use of explosives is tightly regulated by ATFE - Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Transportation and state regulations which govern the manufacture, distribution, transportation and use of these materials. For blasting a licensed explosives contractor brings materials to the site, ensures correct drilling has been completed and then provides loading of each hole and detonation of the blast. Each blast hole is loaded with three - component explosives which include a blasting delay, a cast booster and finally what is considered a bulk explosive material. The blasting delay is also referred to as a blasting cap which has a time element within it capable of delaying individual hole detonation by thousandths of a second. The delay is placed within a cast booster which when detonated by the delay creates an instantaneous pressure capable of causing the "bulk explosive" material to detonate. All three components are necessary when detonating the blast as this also improves safety when transporting and loading. When a blast is detonated the individual blast delays previously discussed separate the entire blast into individual holes detonating milliseconds apart. The explosives products burn so rapidly they are called a detonation and produce heat, water and high-pressure gas. The gasses expand from the borehole into small cracks and crevices that exist in the rock creating larger and wider cracks moving outward from the source in multiple directions. The cracking continues for about 2/3 the distance to the next hole. This is shown in the diagram below. Free Face Explosive detonates. Detonation Pressure crushes Gas pressure Gas creates movement of surrounding rock, creates expands cracks face. Pressure is released, fractures cracking stops In a properly spaced blast, the cracks overlap fragmenting the rock. As the blast moves towards the free face the rock is displaced, allowing other portions of the blast to move outwards as well. This detonation process continues over a period of time, typically one second or less. When the energy no longer can create deformation, elastic waves are generated which is commonly felt as vibration on the surface of the ground. BLAST SIDE EFFECTS When the gasses within a blasthole can no longer expand and fragment the adjacent rock the resulting waves move outward from the source as limited ground vibration waves. The force that is generated comes from the detonation pressure expanding outward from the blast hole and 19f1f GeoSonics Page 4 of 14 Packet Pg. 1143 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida from the gas pressure moving the rock from its original position. During the blast this energy against the rock mass occurs when each individual hole in the blast pattern detonates. The waves that move outward cause vibration on particles of the ground which oscillate; however, each particle does not move far from the original position and returns to its original position when the energy has passed. While we use dropping a rock in a quiet pond to describe how the waves move outward from the source, they are so small that they cannot be detected visually. Usually this motion, in three directions, is less than the thickness of a single sheet of paper before it moves back to its original position. This rock mass vibrating in the quarry and transmitting into the surrounding ground is called propagation. Since vibration waves are not visible to the naked eye sensitive scientific equipment is used for measurement. Seismographs can measure how the ground moves from its original position much like a fisherman's bobber detects how the water surface moves from rest when a ripple moves by. These seismographs are specially designed to detect man-made vibration events that occur from blasting, construction work or other activities. As the vibration moves outward from the source energy is dissipated. This ground vibration amplitude (intensity) decreases until it eventually falls below perceptible levels. The rate at which ground vibration amplitude decreases as it propagates from the source is called seismic attenuation. The rate of attenuation depends upon the specific location of the blast and varies based upon site conditions. Extensive studies on blast vibration show that the attenuation is found to occur geometrically. This type of reduction means that the amplitude decreases rapidly at the source and much slower farther from the source. As a result, the majority of the higher energy dissipates within the quarry property and the remaining small amount may produce some perceptible vibration outside the quarry property boundary. Vibration research shows that blasting produces some perceptible ground vibration within adjacent areas. Attempts to control the amount of vibration are completed with technically based laws, regulations and use industry standards. Maximum permissible levels are established based upon academic and government studies of the effects of vibration on adjacent structures, property and people. Since people are able to detect small levels of vibration but not determine the specific quantity, seismographs are employed to take scientific measurements of the actual vibration produced. Seismographs measure vibration in multiple quantities. Displacement or actual movement from rest is measured as well as how fast the velocity of the vibration wave changes or acceleration. How fast the wave moves is called Velocity and is the key standard by which blast vibration is assessed. Frequency is a key aspect of vibration measurement and evaluation of the wave energy produced during blasting. This is a measure of how many times the ground will vibrate through its original position in one second. The seismographs measure frequency and is reported in cycles per second or Hertz (Hz.) Standards limit the maximum amount of vibration that can occur at any point, or portion of the ground surface. The previously mentioned methods then related to Peak Particle Velocity, Peak Particle Displacement and Peak Particle Acceleration. These standards are then related to specific limitations established to ensure that adjacent structures are protected from creation of defects. ®ff GeoSonics Page 5 of 14 Packet Pg. 1144 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida In order to protect structures vibration measurements are compared to state or local regulations. The State of Florida in Chapter 552.30 (F.S.) has established vibration limits for Construction Materials Mining Activity. The State of Florida maintains sole and exclusive control over the regulation of these operations and blasting activity. The State has incorporated the USBM standards within the regulations. The United States Bureau of Mines, Report of Investigations (RI) No. 8507 is the most definitive evaluation of vibration effects on residential structures made in dealing with blasting vibration and has applications with other construction as well. The Bureau studied multiple structures of 1 — 2 stories and in distressed conditions in order to document the relationship of vibration to damage potential. The report produced a specialized vibration set of limits depending upon vibration velocity and the associated frequency. The limits are identified within the following graphic representation. USBM RI 8507 - Appendix B — Alternative Blast Level Criteria The Bureau's study identified new levels of defects, threshold damage, which is peeling of paint, extension of existing defects and / or new defects at the junctions of fragile building materials. These materials identified as most fragile are plaster on lath and drywall construction. Each material has a different particle velocity level necessary before there is a potential for causing a defect. These standards are used and have been tested for mining, quarrying and construction use. Each blast measurement is compared against the limitation in the graph above to determine compliance with State of Florida law. 141 GeoSonics Page 6 of 14 Packet Pg. 1145 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida While using the standards of the Bureau of Mines some prediction of expected vibration is expected. While final evaluation of expected levels will be completed when actual site blast hole drilling is completed a general predication may be made. As the amplitude (particle velocity) is determined by how much energy is present to create vibration and how far the vibration have propagated, researchers have developed a single number to relate these parameters. Scaled Distance relates ground vibration amplitude to explosive charge weight and distance a point is from the blast. This relationship requires charge weight to reduce as the distance to a point decreases in order to remain within standards for safe operation. The use of Scaled Distance allows the comparison of ground vibration potential for many blast designs and distances. In all quarry operations using explosives, each operator desires to minimize ground vibration and still operate efficiently. In response explosives manufacturers have developed millisecond (ms) delayed blasting caps. The Bureau and many other research groups have demonstrated that individual blastholes or even charges within holes when separated by a few thousandths of a second apart may produce less ground vibration while more effectively fracturing and moving rock than a simultaneous detonation. All quarry blasts today use multiple charges and are detonated with millisecond separation. A separate side effect for any quarry operation is related to the movement of rock during the blast and as the gases generated vent with rock movement. Air Overpressure or Airblast is an elastic wave that moves through the air as the gas venting causes air molecules to vibration similar to ground vibration. This air wave is actually a pressure wave similar to a weather front where atmospheric pressure changes; however, in this consideration the effect is limited and very short term. The closest approximation to this would be thunder at a distance. There have been considerable evaluations of the effects upon various buildings. Research again by the U. S. Bureau of Mines is summarized in a separate Report of Investigations and provides guidelines for the evaluation. Measurements taken over decades shows that airblast is relatively low in frequency and at most covers a general range of 2 to 200 hertz. A large majority of the energy is within the 2 — 20 Hz. range. As human hearing is normally considered over a range of 20-20,000 Hz. a significant portion of the airblast is not audible to humans. Further with human hearing the perception at each end of the range is reduced, i.e., a 60-decibel noise at 20 Hz. will sound less than one at 2,000 — 5,000 Hz. which is roughly the centerline of human hearing. This is the same with a thunderstorm as an example where significant portions of the thunder pressure wave is inaudible to the human ear. As our structures and buildings do not "hear", the effects are measured by seismographs with special microphones that record airblast without reductions based upon frequency. This measurement is expressed as dBL or decibels recorded linearly or having a "flat" response. Blast design considers both the ground vibration and the air overpressure that may be produced and in the latter case "stemming" is used to assist in airblast reduction. No blast hole is loaded to the top of ground level as explosives would just detonate into the air and do limited fracturing of the surrounding rock. The upper portion of a blast hole will be left empty of explosives and ®ff GeoSonics Page 7 of 14 Packet Pg. 1146 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida crushed rock is loaded into the remaining portion of the hole. This serves two purposes. First confining the explosives to allow the gas to move outward and fracture the rock and secondly this controls gas moving up the blasthole. Eventually as the rock face moves gas is released but with much less energy. As with a thunderstorm the inaudible portion of the pressure wave moves outward from the source and is affected by multiple factors. The stemming length in each blasthole can reduce the overall level of noise. The orientation of the blast itself creates a reduction where the free face or area the rock is displaced to will have a greater noise than behind the blast. Also, once the quarry has excavated the top superficial material the blast is completed below the natural ground surface. This helps contain the pressure wave within the quarry itself. Environmental factors such as wind, temperature and humidity create effects which reduce airblast. Airblast is an important factor in planning blasting patterns as the pressure wave may cause some rattling of windows and in some cases, items attached to walls. As this was part of the Bureau's studies' limitations are made based upon the microphone of the seismograph measuring the blast event. For most instrumentation in use the limit is 133 dBL which the Bureau used to equate to limited structure vibration similar to ground vibration standards. MEASURED GROUND VIBRATION LEVELS Any evaluation of further quarry development considers the possible impacts outside the quarry property. As blasting has been conducted for multiple years since permitting, vibration measured results have been maintained by GeoSonics, Inc. In order to consider the vibration and airblast that may be produced from the modified site plan, data for a period of 2018 through 2022 has been considered. This 5-year period is summarized in multiple graphs and data sets within this summary and the Appendix of this report. Blasting operations at the 846 Mine are currently measured with three (3) GeoSonics Re:motelm Seismograph Systems at locations per the original Conditional Use Permit. One instrument is located adjacent to the northern property border near Fawn Avenue, a second between 161h Street N. E. and 201" Street N.E., and the third at the eastern property border between 52nd Avenue N.E. and 58t" Avenue N. E. The seismographs depending upon the number of blasts per month were operated with the remote units identified above and / or with similar seismographs operated by GeoSonics Field Technicians. This proposed change to the blasting zone may require instrument locations to be modified to meet with State of Florida regulations. These regulations are as follows: (b) 1. Ground vibration shall be measured for every blast at the location of the nearest building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations, up to a maximum of one mile. 1 United States Department of the Interior, Bureau of Mines, Report of Investigations No. 8485, Structure Response and Damage Produced by Airblast From Surface Mining, 1980. Page 8 of 14 ® GeoSonics Packet Pg. 1147 �� 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida 2. If there are no such buildings within one mile, measurement shall be made at one mile in the direction of the nearest such building. 3. If there is a building that is not owned, leased, or contracted by the blasting or mining operation, or on property for which the owner has not provided a written waiver to the blasting operations in a direction 90 to 270 degrees from the direction of the nearest building specified in subparagraph (b)1. above, and that building is no more than 500 feet farther than the nearest building, measurement shall also be made at the nearest of those buildings. 4. If a measurement location determined pursuant to subparagraphs (b)1.-3. above is not practicable, such as in a wet swamp, measurement shall be made at a point nearer to but in the same direction from the blast site.' If the locations from the original conditional use permit, as stated previously are not the "closest structure" location, additional seismograph(s) will be added. To assess potential vibration level changes, current data from all blasting recording locations has been plotted against the State of Florida / U. S. Bureau of Mines limitations in the following graph. This data shows that all vibration measured remains below the thresholds the State applies to Construction Materials Mining Activity and within the existing conditional use permit. W1a plot for! IHd NJ - GeoSonies line. Seismic Analysis LIS 3N1 Criteria From RI SNO q 1"11) KIFFfM m 2W m 2019 IN 2020 202t i 2022 Freq­, fHxj i...i.e. ifw 1%----rues --.1 w.--I11, ' 69A-2.024 Construction Materials Mining Activities, Florida Statutes A/ GeoSonics Page 9 of 14 Packet Pg. 1148 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida In order to determine future compliance within the new blasting zone and with the State Statutes a site -specific attenuation evaluation has been completed. Using Scaled Distance, the ratio of explosives weight to distance, ground vibration may be predicted using regression analysis; a mathematical formula that takes into account general site conditions and the potential explosives to be used. Ground vibration when created at a source reduces in strength as the vibration wave moves outward from the source. Ground vibration typically decays to approximately 1/3rd the prior value with a doubling of distance. As an example, a level at 200 feet would be approximately 1/3rd the value at 100 feet. Since these waves attenuate in a fairly regular manner, site specific prediction is possible with reasonable accuracy. Peak particle velocity predication formulas exist to calculate vibration intensity levels at a location based upon various factors including, charge weight and distance from the blast to a specific location. With blasting at the 846 site, a site -specific formula has been developed for blasting use. This standard format is used for predictions of peak particle velocity and follows the general format for regression analysis. Data plat for: 846 Mine N C n n 1C 01 Vibration Regression 2018 to 2022 95% Equation: 7.23 x (SD) A -.6994 50% Equation: 3.45 x (SD) ^ -.6994 1 10 100 Scaled Distance SD=(D1W"0.5) Worst Case 95% 50% 1000 0 2018 0 2019 0■ 2020 0 2021 I 2022 A/ GeoSonics Page 10 of 14 Packet Pg. 1149 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida For this specific site the formula generated is as follows: PPV = 3.45 (D/VW)-.6994 This formula provides a relationship developed and identified as the 50% probability relationship where data is equally distributed above and below the regression line created by the evaluation of data. It must be noted that 50% Probability lines most closely aligns with the actual vibration records from blasting operations. For the 846 Mine, the proposed expansion of the blasting zone, would make the closest blast location to the east, 1,475 feet from the property line. For the south, the distance is 1,300 feet from the property line. All structures will have distances greater than this latter distance. Calculations for offsite vibration are made at the minimum distance of 1,300 feet. The amount of explosives used at the site loads 80 pounds of commercial explosives per hole in accordance with the existing conditional use permit. Considering the worst case and using the regression formula above at the minimum distance, ground vibration would reach a maximum of 0.106 inch per second at the south property line. At the east side and with the distance change the reduction would be to 0.097 inch per second if using the maximum charge weight per hole. As part of any operation of this quarry seismograph recording will be implemented at off property structures for any blasting as is required within the existing conditional use permit. Typically, perception by people is common but instrumentation is required to assess vibration. It would be expected at levels projected; that house response, i.e., the building reacting to vibration, would be similar to the vibration produced during a close thunderstorm. A reference to a general perception evaluation study is provided in the following diagram. The current vibration levels from blasting have been plotted on the Wiss and Parmlee human response graph. The site -specific predictions may be considered in relationship to this study. ®ff GeoSonics Page 11 of 14 Packet Pg. 1150 9.A.4.d Data plot for: 846 Mine w I Human Response Wiss and Parmalee 2018 to 2022 Frequency (Hz) 846 Mine, LLC Blasting Evaluation Collier County, Florida 0 2018 0 2019 EM 2020 0 2021 2022 Taking the calculated level range of 0.135 — 0.097 inch per second, the vibration predication just exceeds the "Slightly Perceptible" line at the southern border and to the east falls below the same level. This is also consistent with the current blast vibration results, plotted on the graph. PROJECTED AIR OVERPRESSURE LEVELS Air overpressure (airblast) as with ground vibration may be predicted based upon the methods that have been previously described in the ground vibration prediction section of this report. Using the same explosive loading configurations prediction of levels at adjacent structures may be completed. The charge weight per delay and distance are used. The adjustment in the following formula is the use of cube root Scaled Distance (V3) as airblast when released into the environment has three-dimensional properties. P= 210.83(V3SD)-0.099 Where: P = Pressure (dBL) SD = cube root Scaled Distance Using the same loading configuration for the charge weight and at the closest distance of 1,300 feet to the southern boundary a level of less than 120 dBL is predicted. This will meet the conditions of the existing conditional use permit. In evaluation to offsite structures a comparison ®ff GeoSonics Page 12 of 14 Packet Pg. 1151 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida to the U. S. Bureau of Mines limitation of 133 dBL, the maximum expected noise levels only reach a maximum of 22.5%, calculated in linear pounds per square inch. The current limitation is inconsistent with state law listed as follows: (5) Airblast. (a) Airblast limits shall conform with the limits established in Section 8-2 of National Fire Protection Association Standard Number 495, 1996 Edition, which is hereby adopted and incorporated by reference.' The level cited within this report is 133 dBL for air overpressure. CONCLUSION In our opinion the use of commercial explosives to fracture rock at the 846 Mine and when moved to a closer distance will not affect the adjacent community. The evaluation of blasting operations proposed for the quarry and the explosives estimated for use may be perceptible to some adjacent properties; however, the levels of vibration and air overpressure are well within standards recommended by the U. S. Bureau of Mine and the limits of the State of Florida and within the existing conditional use permit. Based upon the expected explosives use, including the loading of commercial explosives, considering the frequency of blasting in times per month, and with all other parameters of the operation, there is no expectation of any detrimental effects on structures or wells of adjacent properties. And in addition, this evaluation summarizes additional safeguards to protect adjacent properties. Respectfully submitted GeoSonics, Inc. Jeffrey A. Straw Vice President and Area Manager 3 69A-2.024 Construction Materials Mining Activities, Florida Statutes A/ GeoSonics Page 13 of 14 Packet Pg. 1152 I PROJECT) BOUNDARY co ® NO BLAST ZONE- EXIS TMG NO BLAST ZONE- PROPOSED C.R. 846 MY& T1RUET EARTH MME GradvAlinor GLrST ZONE EVc Tll% AND PRCODSED i,U aiRIIH .F..h//4aW ar..w Im V"r 23�n10 I I 9.A.4.d 846 Mine, LLC Blasting Evaluation Collier County, Florida SCALE: 1' = 3' •�a�.arrm to r ■ � r 1pf® GeoSonics Page 14 of 14 Packet Pg. 1153 I 9.A.4.d I m Iq 00 ai w U- U w o m O a. wQ w V J 0 Y Q O � p w a. F- w 0 O N 11_;o w z Q J z Q FAWN LANE w 20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) N PROJECT BOUNDARY C PHASE 11 EDGE OF WATER I*,,,, BLAST ZONE- "WI PHASE I EXISTING LAKE O z N X w w LL UL a IQ 0 Z 58TH AVE NE J m w a w G /I N o � 20WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) w w z z 47TH AVE NE N x N x Q. Crady Minor and Associated. P.A. GradyMinor '1000 Zia De.1 Rcy RoniLa Springs. Plm9da 34131 Civil Engineers . Land Surveyors . Planners . Landscape Architects Cert. oFAdh. EB 0005151 Cert. oFAoth. LB 0005151 Business LC 26000266 Bonita Springs: 239.947.1144 n wn. 6rady111nor. com Fort Myers: 239.690.4380 o N NO BLAST ZONE BLAST ZONE C.R. 846 LAND TRUST EARTH MINE BLAST ZONE EXHIBIT REVISED OCTOBER 9, 2023 52ND AVE NE 1V 0 1000. 2000' SCALE: 1" = 2000' WHEN PLOTTED (CD. 8.5' X 11" Packet Pg. 1154 1 - Na o z �� o cn w 0 a oo W � and $ oN f �E.1 a W 2 Z. w�a z o orb> m w > z W po �3 w 8 ~ W O QJ ya�ti X OCID a�a#gE a Quj � W N _ o a Jay p ww maw w�ae.. Uo L L q Z Q 3 a: W C n N N QCf) N�oQ z W g � w ,� % o z ql (LL� o it Q : Z O > O X (ON0 Q> LL IM g o 4 w co J 0zU ZZW oo < Q zQw It Z� Q Q m F W Z O C*) 0 0 � z `L z wa CL s �U a co o C� W Q JL)Z y O -1 U p J M W F m W 0 Q > p U qwO I CL J g - CO __ __ _ '- ;:11 w'w oil lz tom "LL rcia�a __ —o <r<'< r .. Z - -- W. - o<Ww PWw �- wa 8> coH �a� > m IZ - W _ 4 J m m - a x m - o � ow HylIfiH }I�}Ylfii��.:�i � see e u nau ..........ealNatl[rvewyaeutl Vuswyaeutl z o€ o§ z n .aFVo. � yg g Cj ova rc,nrc�a man W p nW�n��p��'�,�.o�� �ZgR <agig gSUN z. �y 6c F 3'Bz 41Y"u r '\ L jj: w J_ m a o Q a � cn � F N z g — H € g o o PRI111i a" �i hs�ss�, oio= -Z— m m o < �kk6� skkk 8a rk�a�ek a o d a Z i hkpek 3535G55Ggg tltl hI reae �Y{Y{ e� oN C, �99#�oo ;9�[l k� R�m�sgik N O & m o x W Fz U e• I z Z i 0� IMP 11,1kk1k N:11,1N ge . q ii I - R .. f@- h= �} ' ge �� ss�� �h�} ¢ p{pappp� [4 I I I I 00 = I Z IIII fW/7 L I I I I I I � I I so U I U 846 Land Trust Mine CU Location Map IV 9.A.4.d W E Legend SUBJECT PROPERT` w Grd Mina 2,400 1,200 0 2 400 Feet ' Aoneera * LandRa yors ► PI nncaa m and3cape Estee Packet Pg. 1158 9.A.4.d V February 14, 2023 Ms. Jaime Cook Director of Development Review Collier County Growth Management Department 2800 North Horseshoe Drive Naples, Florida 34104 RE: SR 846 Land Trust Earth Mine (CU) — PL 20220006213 Environmental Waiver Project No. 99WAI374 Dear Ms. Cook: Please accept this letter as a request for an Environmental Waiver for SR 846 Land Trust Earth Mine (Project). The Project is located along the east side of Immokalee Road in Sections 35 and 36, Township 47 South, Range 27 East and Sections 1 and 2, Township 48 South, Range 27 East, Collier County. The Project is currently approved as an earth mine per Conditional Use (CU) 2012-15. The Project was approved with specific blast zone requirements, and the purpose of the proposed application is to adjust the blast zone areas depicted on the attached aerial exhibit prepared by Q. Grady Minor and Associates, P.A. The proposed application does not change the total excavation area and volume of fill to be removed. There are no additional environmental impacts associated with this proposed CU application. This application does not propose changing any of the environmental aspects of the Project. As a result, the applicant is requesting a waiver to the environmental requirements of Section 3.08.00 of the Collier County Land Development Code for this CU request. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, PASSARELLA &ASS IATES, INC. J enneth C. Passarella President KCP/dh Enclosure cc: Don Schrotenboer, w/enclosures Wayne Arnold, w/enclosures Offices in Florida and South Carolina 3620 Metropolis Avenue ■ Suite 200 ■ Fort Myers, Florida 33912 • Phone: (239) 274-0067 • Fax: (239) 274-0069 • www.Passarella.net Packet Pg. 1159 9 A.4d PROJECT BOUNDARY Q. Brady Minor and 1ssoClalee. P 1. © G r a dyM i n o r ;tllllll \In Ilrl Ivry Baniw Springs. Plm•hla 31131 Civil Engineers Land Surveyors . Planners Landscape Architects C,n oI Anti, nR 0005151 C'n oI Anti, Ln 0005151 Buyi ... LC 26000266 BLAST ZON No. PHASE 1 -F-7-///l 1475 H Q M t V NO BLAST ZONE Q r c m BLAST ZONE 0 1.5' 3' E SCALE: 1" = 3' WHEN PLOTTED @ 8.5'• X 1 V m C.R. 846 LAND TRUST EARTH MINE ALE Of BLAST ZONE EXHIBIT niT rn: - Packet Pg. 1160 Bonita Springs: 239,947,1144 awu.I; i,v AyAlhm r.rom Fort Myers: 239.690.4380 9.A.4.d TPODIICOCR planninp•enuineerino January 29, 2023 Michael Sawyer Principal Planner Collier County Growth Management Department 2685 Horseshoe Drive S, Suite 103 Naples, FL 34104 P 239.252.2926 1 E Michael.sawyer@colliercountyfl.gov Subject: SR 846 Land Trust Earth Mine (CU)— PL 20220006213 Letter of No Additional Transportation Impacts - TIS Waiver Dear Mr. Sawyer: We are providing this Letter of No Additional Transportation Impacts - TIS Waiver for the SR 846 Land Trust Earth Mine. The project is located on the east side of Immokalee Rd (CR 846) in northern Collier County, approximately 2 miles north of Oil Well Road. Figure 1 shows the approximate location of the subject site as an aerial overlay. The subject property is approved as an earth mine per CU 2012-15. The project was approved with specific blast zone area requirements and the purpose of the proposed application is the adjust the blast zone areas as depicted in Figure 1. The total excavation area and volume of fill to be removed does not change with this application. There are no additional transportation impacts associated with proposed Conditional Use application. This application is not requesting to change any of the transportation aspects of the project, as a result, we are requesting a TIS waiver in support of the CU request. If you have questions, we are available to discuss our findings with you. Sincerely, Trebilcock Consulting Solutions, PA �- J Norman J. Trebilcock, AICP, PTOE, PE Trebilcock Consulting Solutions, PA • 2800 Davis Boulevard, Suite 200 • Naples, FL 34104 Phone 239.566.9551 • www.trebilcock.biz Packet Pg. 1161 9.A.4.d 0 SR 846 Land Trust Earth Mine (CU)— PL 20220006213 Letter of No Additional Transportation Impacts - TIS Waiver January 29, 2023 Page 2 of 2 Figure 1: Project Blast Zone Map — /" ? / / "SECTION 35, ,' SECTION j 36 PHASE 11 V /1 W W o BLAST ZONE V PHASE X SECTION 2 SECTION;' PROJECT BOUNDARY � I NO BLAST ZONE BLAST ZONE SCALE: T' = 3' Packet Pg. 1162 9.A.4.d Neighborhood Information) Meeting ,affidavit of Compliance I, hereby certify that pursuant to Ordinance 2004-41, of the Collier County Land Development Code, I did cause the attached newspaper advertisement to appear and I did give notice by mail to the following property owners and/or condominium and civic associations whose members may be affected by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 15 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the County to be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time, and place of a Neighborhood Information Meeting. Per the attached letters, property owner's list, and copy of newspaper advertisement which are hereby made a part of this Affidavit of Compliance l (Signature of Applicant) STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Q physical presence or ❑ online registration this day of June 20 23 , by Sharon Umpenhour as senior Planning Technician who is ❑►/ personally known to me or ❑has produced as identification. CARIN J. DWYER MYCGMMI5SIDNGG992367 Signature of Notary Public EXPIRES: May 14,202,41 Carin J. Dwyer •T. of F4p¢•• Bonded Thru Notary �l blk UtiderwIters Print Name of Notary Public Packet Pg. 1 3 GradyMinor Civil Engineers • Land Surveyors • Planners • Landscape Architects NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220006213 — SR 846 Land Trust Earth Mine Conditional Use In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor), representing 1370 South Ocean, LLC (Applicant) will be held June 20, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay, 15450 Collier Blvd, Naples, FL 34120. 1370 South Ocean, LLC has submitted a formal application to Collier County, seeking approval of a Conditional Use (CU), in the Agricultural Zoning District, Section 2.03.01(A)(1)(c) of the Land Development Code, to allow the continued use of the existing earth mine and related processing and production on the subject property. The Conditional Use proposes to modify the blast area for the mining operation to be a consistent minimum of 1,300 feet from the mine property boundary. No modifications to the blasting protocols are proposed. The conditions previously established for the blast frequency and size of the explosive load are proposed to remain unchanged. The subject property is comprised of 2,560± acres and is located at 16000 Immokalee Road in Sections 35 & 36, Township 47 South, Range 27 East and Sections 01 & 02, Township 48 South, Range 27 East, Collier County, Florida. IMMOKALEE RD E �� ■ ■ ■ ■ ■ � ❑ ■ w SUBJECT CO ■ Q PROPERTY Y O PROJECT INFORMATION GRADYMINOR.COM/PLANNING w s GRA8 OIL WELL RD « 5 Project Location Map If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to gradyminor.com/Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. Q. Grady Minor & Associates, P.A. 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that the attached copy of advertisement, being a PUBLIC NOTICE, was published on the publicly accessible website of Collier and Lee Counties, Florida, or in a newspaper by print in the issues of, on: Issue(s) dated: 6/2/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally Known to me, on JUNE 2ND, 2023: Notary, Stat Cou of Brown My Comm' on expires: Jam- . Publication Cost: $1,008.00 Ad No: GC11067893 Customer No: 531419 PO #: 846MCU-22 NIM AD # of Affidavits: 1 This is not an invoice NANCY HEYRMAN Notary Public State of Wisconsin Packet Pg. 1190 9.A.4.d NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITION: PL20220006213 — SR 846 Land Trust Earth Mine Conditional Use In compliance with the Collier County Land Development Code (LDC) requirements, a neighborhood Information meeting (NIM) hosted by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. (GradyMinor), representing 1370 South Ocean, LLC (Applicant) will be held June 20, 2023, 5:30 pm at Collier County Government Services Center at Heritage Bay, 15450 Collier Blvd, Naples, FL 34120. 1370 South Ocean, LLC has submitted a formal application to Collier County, seeking approval of a Conditional Use (CU), in the Agricultural Zoning District, Section 2.03.01(A)(1)(c) of the Land Development Code, to allow the continued use of the existing earth mine and related processing and production on the subject property. The Conditional Use proposes to modify the blast area for the mining operation to be a consistent minimum of 1,300 feet from the mine property boundary. No modifications to the blasting protocols are proposed. The conditions previously established for the blast frequency and size of the explosive load are proposed to remain unchanged. The subject property is comprised of 2,560± acres and is located at 16000 Immokalee Road in Sections 35 & 36, Township 47 South, Range 27 East and Sections 01 & 02, Township 48 South, Range 27 East, Collier County, Florida. NNE _IMMOKALEE •. _..r.::rr��■ mil• If you have questions, please contact Sharon Umpenhour with GradyMinor by email: sumpenhour@gradyminor.com or phone: 239-947-1144. For project information go to gradyminor.com/ Planning. Any information provided is subject to change until final approval by the governing authority. The NIM is an informational meeting, not a public hearing. N0.GCIIN7893-01 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Wayne Arnold (00:00:01): All right. Good evening everybody. I'm Wayne Arnold. I'm here representing the property owner and this is the neighborhood. Excuse me sir, can you all please have a seat? We're starting the meeting. Thank you. So we are here representing the property owner for the existing Earth Mine that's known as the State Road 846 mine. We're trying to amend the conditional use that's been previously approved for it. And this is our required neighborhood information meeting that is required under the county's plan development code. Make a few introductions. Sharon Umpenhour is here. She's going to be handling the audio visual equipment tonight. We're required to make a transcript of this meeting, so we ask that we only speak one at a time and not talk over everybody so that there's a clear transcript for our planning commission members and ultimately the board to review. (00:00:46): Don Schrotenboer is here, who's the owner representative working on the project. We have Jeff Straw, who's the seismologist working on the project, and that's from our team. And then Eric Ortman, some of you may know. from Collier County government is the principal planner handling our application through the county process. So I'm going to go through a short presentation and then we'll have Jeff make short remarks and then we'll turn it over and have a little Q&A for a little while and hopefully we can answer any questions you have. Sharon, that doesn't seem to be advancing for me. Audience (00:01:22): You don't have the magic touch. Wayne Arnold (00:01:22): Okay, there we go. So this is - Audience (00:01:23): Real quick. Wayne Arnold (00:01:33): This is the location map for the property - Audience (00:01:35): Before you start, sir, I was just wondering who represents the mine and who represents the Wayne Arnold (00:01:40): We're all here representing the mine owner. Audience (00:01:43): All of you? Wayne Arnold (00:01:44): All of us. Page I Packet Pg. 1192 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (00:01:45): Okay. [inaudible 00:01:46]. 1 just wasn't clear. Wayne Arnold (00:01:46): Okay, so this is the location map, property is located off of Immokolee Road. It's about 2,500 acres in total. It's been an active mine since about 1999. Audience (00:01:56): No it hasn't - Wayne Arnold (00:01:58): Portions of ... Excuse me, ma'am. I'm not going to have anybody speak out without having the microphone. Audience (00:02:01): It hasn't been active. Wayne Arnold (00:02:04): Ma'am. Do not speak out until you're prompted, please. We're trying to record the meeting. Audience (00:02:08): Yes, but with all respect - Wayne Arnold (00:02:08): Ma'am, no. We're not going to debate. Audience (00:02:08): We are not debating. I am telling you [inaudible 00:02:16] respect this. Wayne Arnold (00:02:18): Okay. We're going to respect each other. Audience (00:02:19): [inaudible 00:02:21]. Wayne Arnold (00:02:24): Ma'am, we're going to respect each other. Ma'am. Ma'am. You don't have the floor right now. I'm making a presentation. Eric Ortman (00:02:28): Excuse me, everybody. The way these NIMs work, the applicant team makes a presentation and everybody is quiet and listens. Afterwards. He will answer questions from any and all of the audience Page I Packet Pg. 1193 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript So, if you could please let him make the presentation. Otherwise, we will not get a good recording and it won't really count. Okay, thank you. Wayne Arnold (00:02:52): Thanks, Eric. So the property unit, as I said, is a little over 2,500 acres. It's been actively mined, portions of it. There have been several conditional use approvals over the years for the property and they've established various different conditions for the mining operation. The property is zoned agriculture. If you're familiar with the county's regulations that's in the rural fringe area. There was an application that's unrelated to the mine that was approved a year or so ago for the property that dealt with the rural fringe portion of the property. But we're here because we're trying to make an amendment to the blasting area for the site. So the mine is active, it's been approved, it's ongoing and there's a condition that relates to the blasting area for the site. (00:03:37): This was the approved site plan. I know it's a little hard to read. We've been struggling to find a good legible copy of it, but you can see the mine area is generally in this area. And then the blasting exhibit is a little more clear. It shows you the limits of blasting, has some dimensions on it. We're proposing to increase the dimension for mining to include other parts of the area that could be mined today. And that's what this looks like. (00:04:05): So what we've proposed to do is to expand the boundary to the east, largely, and to the south to no more than 1300 feet from the property line. Jeff has prepared some preliminary analysis that shows we can meet all the blasting conditions as they've previously been approved and still have no impact with regards to surrounding property owners. I know many of the calls that we received for the project were ... Many of the calls that we had, the notice area for this is a mile, and several of the calls we received from people in the notice area didn't even realize that there was a mine ongoing in this location. So, I'm assuming that many of you live in the more immediate areas surrounding the property. (00:05:00): But that is the area that we're talking about. This kind of highlights in blue. This is the expanded area for the most part. So you can see that that's where we've proposed to increase the blasting limits for the project. So I'm going to turn it over now to Jeff Straw who's going just walk you through what's involved a little bit with the blasting and how that works. Jeff Straw (00:05:23): Thank you. Again, as Wayne said, my name's Jeff Straw. I'm vice president area manager of GeoSonics. We are a vibration consulting firm. I have been ... I think that's not working. Wayne Arnold (00:05:42): Did it go off again? Jeff Straw (00:05:42): Yeah. Wayne Arnold (00:05:42): Just hold it down for a second. Page I Packet Pg. 1194 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Jeff Straw (00:05:42): There we go. Let's try this again. I have been doing this for now 45 years. We've been associated with this operation since the last zoning request. It was 2005-2006 where we became associated with the operation. And so, mining occurs where the resource exists, not where it's convenient. Here, there is aggregate that can be removed, can be processed, and it can be sold and used for things. The depth, the hardness of the rock require what we call commercial explosives to break the rock. They can't dig it mechanically. In other words, a backhoe won't dig it, the drive line won't dig it. It has to be broken first. And that's pretty consistent through South Florida, Southeast and Southwest Florida. Materials, the quality, as I said, make finished aggregate. It's sold out the gate. As I said our original work began in August, September of 2006. (00:06:45): Now the blasting is under the state control and Collier County's control. There were 42 conditions established totally on the operation. A number are related to the use of explosives. The State of Florida DEP is involved in some of this regulation. State of Florida, it's the Department of Financial Services, which is the overarching umbrella that has the state fire marshal's office involved. We call these operations construction material mining activities. So they're commercial operations. That's what folds them in under the state. There's a number of other areas that get in involved in this, the Department of Justice, which is the Bureau of Alcohol, Tobacco, Firearms and Explosives. Sharon Umpenhour (00:07:39): I think the battery's dying. I've just gone to see if I can get some more. Jeff Straw (00:07:48): Okay. If all else fails, I'll yell. And the other part of it is we have both state and federal regulations that cover transportation because the material is brought in. It's loaded up by a qualifying ... Let me just step this way. It's brought in, it's loaded, the blasts are loaded by a commercial licensed explosives company. So there's transportation in, it's used during the day and then they leave at the end of the day or after the blast. So, there's nothing stored on site. So that's where DOT and transportation get involved. Wayne Arnold (00:08:21): [inaudible 00:08:22]. Jeff Straw (00:08:22): Okay, I'll keep trying. How do they actually blast? Well, they clear the area, they remove the surface material and then down in the lower corner there's a drill picture there. The drill comes in, it drills a series of holes. In Florida, they're filled with water. So they put a cardboard tube in that stabilizes the hole. Once they've drilled all of the pattern, it kind of looks like the pattern over there in the lower right corner, they have a predetermined engineered blast plan. The blasting company has developed that. We locate the GPS coordinate, all of the individual blast holes. They drill and then the explosives contractor comes in, loads a three component explosive and then they will detonate the shot. Audience (00:09:31): Wait a minute, please. I know we are not - Wayne Arnold (00:09:31): Page I Packet Pg. 1195 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript No. Audience (00:09:31): No, no, no. Wayne Arnold (00:09:31): No, no, no, ma'am. Audience (00:09:31): Sir, I need to see the picture. I have to ask a question now, not after the fact. How the area looks after you put the explosives and you blow up, how it looks? Show me the picture because I don't see it over there. Jeff Straw (00:09:42): Well, it's not a picture. What I showed was the picture of how it is when it works - Audience (00:09:48): [inaudible 00:09:471 right? Jeff Straw (00:09:48): Pardon? Wayne Arnold (00:09:48): Ma'am. Audience (00:09:49): Where you do the [inaudible 00:09:50] that's where you put the - Jeff Straw (00:09:49): Yes. Audience (00:09:49): ... dynamite. Okay. Jeff Straw (00:09:49): We don't use dynamite, but that's fine. Audience (00:09:49): Well, explosives. Excuse me. Jeff Straw (00:09:58): Let me talk about some of the restrictions. The state fire marshal limits blasting 8:00 to 5:00. Collier County has reduced out to between the hours of 9:00 and 4:00. There are no weekends. There are no Page I Packet Pg. 1196 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript state registered holidays, and we use the state calendar for that. Collier County has an inspector on site for every blast that's detonated at the quarry and the maximum they do is eight per month. Audience (00:10:23): That's the max? (00:10:23): Could you repeat what you just said? Who Collier County has on ... Jeff Straw (00:10:29): Collier County has an inspector on site every time they blast. Audience (00:10:33): They weren't there May 10th. Jeff Straw (00:10:34): He comes from the engineering department. Audience (00:10:36): They weren't there May 10th. Wayne Arnold (00:10:36): Ma'am, please. Jeff Straw (00:10:41): Now, some of the safeguards that we deal with and our role in this is, we are the folks that provide the seismograph operations. The state fire marshal requires a professional third party firm. That's what we do. That's good. Wayne Arnold (00:11:05): Can you stand closer to the computer because we're recording from there, Jeff? Jeff Straw (00:11:11): Sure. Sorry, folks if I'm behind you, I apologize for that. The permitting that is done requires a third party to monitor. The picture in the center shows a picture of what one of our remote seismographs look like. They are locked in a steel security box. The instrument comes on prior to blasting hours. It runs all day. When it senses vibration of anything near it, then it records and then that antenna on the top of it transmits the information back to us. Now, Collier County requires three instruments. The state fire marshal requires one at the closest location. The conditions for Collier County require three. And if you look see in the map on the other side, there are three locations which are three green dots as to where the county established the seismographs. Now, for anything further going on, those conditions remain, but if we need to have additional instruments, then we've already made the ability to do that. (00:12:25): Again, we measure all the blasts, independent third party is what we do. All of the instruments have a standard for calibration. Every seismograph manufacturer in the United States, pretty much in the world Page I Packet Pg. 1197 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript adheres to the International Society of Explosives Engineers standards for calibration. Our instruments that we put out meet those standards, so they are calibrated. They are checked after every blast. The recording on the far right-hand side is just a generic wave form of a blast. We receive that from the instrument, we process it, we review it. We get that information to Collier County, as well as we do a summary report, and then we maintain those results should we need them in the future. Audience (00:13:17): How often do you send them a report? Jeff Straw (00:13:18): The reports are done monthly but the information is done to the county. Her question was how often do we do the reports? The reports are done monthly, but the data comes out of the seismograph and it's typically given to the inspector on site. They transmit that quickly to us and then we get a text. I get cell phone texts all the time from instruments around the state. Audience (00:13:47): You don't live there, so you don't have reception. Okay, nevermind. Jeff Straw (00:13:54): To talk a little bit about vibration - Audience (00:13:55): Yeah, vibration [inaudible 00:13:57]. Jeff Straw (00:13:57): Vibration is nothing more than elastic energy. The ground around the blast hole itself, and let's say we have 10 blast holes, they break about two thirds to the next hole. And so they all overlap to break that material. They don't go anything further than 10 to 20 feet outside of that actual blast hole. So what happens is that energy then becomes the vibration that you folks may have felt. It's the energy that we measure. As it moves outward, it's like dropping a rock in a pond, a quiet pond. You see the waves, they move out but they decrease in intensity the entire way. And so that's the reason one, the county wanted us to monitor in three locations, and we do other testing at various times. (00:14:46): Just so you know what I talk about in terms of the language if you will, we measure what we call particle velocity. How fast does a portion of the ground shake as that wave goes by? It's very important. There are standards for that. It's perceptible, but based on what the county and the state have limited things to, there's not a potential for damage to structures. And the other thing that we deal with is air over pressure. That's going to be the sound that you hear. It's very much like thunder. And we measure that the same way. We have special microphones. The microphones don't record what our ear hears. Here, it records what affects a structure. So they're a little different when we have specialty microphones. (00:15:40): And we have a state limit of 133 decibels in a linear format for those seismographs. The county has cut that to 120. So we have further restrictions over everything that we are doing. And Wayne, I think that covers it. Why won't this go back? Page I Packet Pg. 1198 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Wayne Arnold (00:16:00): Let's see if the microphone will work for me. As Jeff mentioned, there are several conditions you referenced. So, we have many conditions that have been placed on the property and the operation of the mine and including the blasting over time. The staff has asked us updates some of these. There's some older references and phone numbers in there that are no longer valid. So, we'll be doing that, trying to reorganize them by areas. So, those that are related to blasting, we're going to try to put in one section of the conditions, so it's easy for everybody associated with the project to see what limitations affect blasting or the transportation aspects of it, et cetera. (00:16:39): So, I'm not going to go through all of these, but there are limitations like Jeff said. For instance, they have hours of operation limitation for us that's located here. There's a depth of 45 feet for any of the excavation or the confining layer, whichever is less. We're not proposing to change any of those other than those that we have to, to address the county's concern that some are a little bit out of date, but we're not proposing to change anything related to the blast activity levels, the number of blasts, the pressure of the air blast, any of that. (00:17:13): So, from a process standpoint, we're required to hold the neighborhood meeting before we can proceed to public hearings. We don't have any public hearings established yet, but if you received a notice for this meeting, you'll be receiving a notice from Collier County when we have a planning commission date established. There will also be signs that go up around the property on the right of way identifying the date for planning commission and the board of county commission meeting associated with the project. (00:17:38): So, that's kind of in a nutshell what we're doing. Again, the mining activity is ongoing and the blasting activity is proposed to be expanded, because as Jeff mentioned, the aggregate is where it is in our community. We don't go find it. The aggregate is there and as they've been out there mining, they've determined that the aggregate is really in a little bit different location than where it was initially thought many years ago. (00:18:02): So with that, I'm going to turn it over and we'll take some questions and try to answer your questions. And all I ask is if you don't feel comfortable giving your name, you at least need to tell us that you're a neighbor so that when the transcript arrives it's not associated with guessing whether it was one of our team members that we're talking or somebody from the audience. So with that, you want to put your hand up, I'll try to take your question and then try to repeat it into the microphone. Yes, sir. Speak up. Dave (00:18:28): My name is Dave, and I live not too far from that area and what I'm concerned about is, I used to live near a quarry. They mined granite for construction for building, and when they did blasts, I know it's a different place, you could feel it and there were cracks in the foundation and other areas of the house, and they swore that [inaudible 00:18:57]. Now, I haven't experienced it yet because I'm not sure how far the blast reaches out towards 40th Street or anything like that. But I am concerned because I used to live near a quarry, and I know you guys need to make money, and I understand that and construction people need your services, but what are you going to do for homes that are damaged? And I know it's kind of hard to prove. I know you might set up seismic instrumentation in the yard or attach sensors to the foundation or something like that. But usually they come back inconclusive. But over time when you keep having those blasts, it's got to do something. Page I Packet Pg. 1199 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Jeff Straw (00:19:47): Yeah, if we did it twice a day at the same limit for 28 years. I don't know where you were or what time it was, but we have a lot of different standards that we now have used. US Bureau of Mines has criteria that we utilize. Repetitive blasting, which is what you're talking about, takes a long time. It has to be at a significant level before you start cracking foundations here in South Florida, period. There's been studies done on the east coast. There's been a study done for this mine. Wayne Arnold (00:20:29): Just talk loud for a moment. Jeff Straw (00:20:32): It has been done for this mine. There was a study done on one of the houses in the southeast corner where one of the bureau mines, Northwestern University representatives actually did testing on the house. The levels that we are limited to wouldn't cause the damage. Now, irrespective of all of that, the state fire marshal has set up a program so that if you feel you've been damaged, you can go to the state fire marshal's office and process a complaint through that. The mining company that is operating the mine has a half million dollar replenishable bond for that and so does the blasting company. They also have one. So, there are plenty out there to continually, if it is judged in your favor to take care of those repairs. Dave (00:21:27): Is that a limited bond or is that continuously - Jeff Straw (00:21:30): What I said, it's a continuous [inaudible 00:21:32]. Wayne Arnold (00:21:32): Can you repeat that so everybody can hear that? Can you repeat - Jeff Straw (00:21:35): What he was asking, was that a one time fund? And the answer is no. It's a continual replenishment bond, and what those are is that ... Just for numbers, if the blasting company goes down by $100,000, they have to put the $100,000 back in, immediately before they continue. So, there's one by the quarry operator, there's one by the blasting company. So, they're both out there and that's handled all through the state fire marshal's office. It's in the regulations. You can read it, you can figure out where it is. The state fire marshal is where you go for complaints as well. Wayne Arnold (00:22:10): Thanks, Jeff. Yes, sir. Audience (00:22:14): You say you were here in 2005 and '06. You were here when the other houses were destroyed back then, right? They were condemned, along the canal, between 8th Street and 22nd Street, there were several homes that were condemned, and - Page I Packet Pg. 1200 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript (00:22:38): What about [inaudible 00:22:39]. (00:22:41): You're saying that this does not damage houses, then how were these houses condemned, and why do we have to go through this again? Jeff Straw (00:22:55): The question that was asked was, there were houses condemned. I don't know anything about them as to whether they - Audience (00:23:03): You said you were here. You said you were in charge in then. Jeff Straw (00:23:08): No, not in charge. We did the vibration monitoring and - Audience (00:23:11): You never heard about all the meetings and all the people that went to the meetings downtown - Jeff Straw (00:23:15): No. Audience (00.23:15): ... with the commissioners and [inaudible 00:23:18]. Jeff Straw (00:23:15): 1 did not. Audience (00:23:15): You don't know nothing about it? Jeff Straw (00:23:21): 1 don't. That would've been handled - Audience (00:23:22): Maybe you're learning something about how bad blasting is when it's near your house. Jeff Straw (00:23:26): It's not blasting that caused - Audience (00:23:28): Yes, it is. Page 1 I Packet Pg. 1201 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Wayne Arnold (00:23:30): Sir - Audience (00:23:30): You can call it whatever you want - Wayne Arnold (00:23:32): Hang on. Hang on. (00:23:32): Jeff Straw (00:23:32): Then we'll look into that. We've got some notes, I'll look into that and see if I can find out what happened. Audience (00:23:38): And they closed the mine, and the mine promised to build shelters for the children to make up for this And they never did, and they never followed through. That mine was closed, and they turned it into a mulch place, to bring all the mulch and everything, and then we had fires from that. (00:24:01): Yeah, terrible fires. (00:24:01): And then all the sudden, it was real nice and quiet until you guys started blasting again. And I'm sick and tired of it. I want to be able to sit in my house and not worry about it blowing down on me. Wayne Arnold (00:24:15): Thank you for your comments. Yes, ma'am. Speak up, please, so everybody can hear you. Audience (00:24:19): Yes. I have a question because you said that the blasting, and I might use the wrong words, I am from different country, but bear with me. So, you said when you blast and you put the dynamite or whatever it is, into those holes, I don't worry about the damage that is caused to the environment at this point. I ask questions later. My question is, you said and you can tell me if you heard him say, you said that because of the blast, of the vibration, no homes are being damaged. How about people's hearing? How about animals? Are they getting hurt by those blasts? Jeff Straw (00:25:09): The question was, are people being ... Do their ears - Audience (00:25:19): No, what your presentation was - Jeff Straw (00:25:19): Page 1 I Packet Pg. 1202 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Can I finish? Audience (00:25:19): Yes, please. Jeff Straw (00:25:19): Thank you. The question was, is what we call air blasts damaging to people's ears and/or animals? To humans, absolutely not. When you compare the levels that we measure with the seismograph microphones, which are there to prevent damage to homes and structures, if you convert that to what we hear, it's down below, for the most part, what we can hear. So, it doesn't damage our hearing. Audience (00:25:54): So, it damage the ground but not the hearing - Jeff Straw (00:25:56): For animals, there are hundreds of studies. The DEP would not have permitted the mining permit, and in the studies we've looked at, the studies we've dealt with, it does not damage hearing of animals. Will they be startled if they're on the property and immediately next to the blast? Perhaps. But if the area is removed from where they're mining and where they're individually blasting, it's not. Many of the mines in South Florida are animal preserves while they're ongoing with blasting and operations. Wayne Arnold (00:26:39): And if I could build on what Jeff said, keep in mind, we're allowed to blast today, and the blasting will be ongoing, and has been for the past 13 or 14 years. Yes, ma'am. Can you speak up really loud? Audience (00:26:52): Sure. I have a two story, and I can tell you every time I was hearing a live, between '18-2019, my house literally shook. Although it didn't crack any of the walls or anything, but it is scary and I know that I can't rely on a third professional party because those people are on your pay. Therefore, even if we file with the state, I mean they're not going to do anything about it because they permit it, they issue it. So, that's a problem. (00:27:26): And then the other thing is the fact that I'm really upset the fact that you guys asked for a waiver for not doing the transportation, the environmental part too. I don't know who's at that specific mine because there's another party there that is Q Enterprises, that they are functioning there. So, they did add more transportation. There is also the other companies that are private that are going in and out of there. They're is a change on the transportation, and I don't understand why you guys are asking for a waiver. Wayne Arnold (00:27:58): Okay, I'll try to answer the one question. I'll let Jeff talk about the vibration, but with regard to transportation, there's a maximum number of trips and loads associated with the existing project. We're not asking to change that. That's why the county was not uncomfortable granting us a waiver because we're not changing the trip characteristics that were already previously approved. So Jeff, I'll let you talk about the vibration. Page 1 I Packet Pg. 1203 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (00:28:21): They're not going to have more trucks going in. Are you saying they're not going to have more trucks going in and out? (00:28:28): They already have it. [inaudible 00:28:29]. Wayne Arnold (00:28:30): Just so we're all on the record, because we're having audio trouble with the county's microphone. It's an already existing mine, that's allowed to mine everyday. They have blasting limitations on it. There is a mine operator on site who's actively mining, so yes, there's more traffic associated with the project today than there may have been a year ago when they weren't as active. But as you all know, the construction industry here is booming and the material need is there. So, they're continuing their operation that they're authorized to do today. So yes, you're going to see truck traffic in and out of there, but we're not increasing the number of loads that are allowed to come out of that mine site. Audience (00:29:06): Wait a minute, that doesn't make sense. [inaudible 00:29:09]. Wayne Arnold (00:29:08): Hang on, ma'am. Ma'am. Ma'am, let me answer her question. Ma'am - Audience (00:29:14): You said there's going to be more trips [inaudible 00:29:15]. Not clear what you said. (00:29:15): [inaudible 00:29:17]. 1 need my question answered- (00:29:15): There's more construction, so we need more truckloads, but there's not going to be any more trips. Could you please clarify that? Wayne Arnold (00:29:23): Ma'am, I will answer your question one at a time. This lady has the floor, okay? We're going to answer her question. Audience (00:29:28): Then clarify your last answer to her. Wayne Arnold (00:29:30): She can clarify - Audience (00:29:31): Am I the only one that doesn't understand that? Because if I am, please tell me. Wayne Arnold (00:29:34): Page 1 I Packet Pg. 1204 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Ma'am. Audience (00:29:34): [inaudible 00:29:37]. It would be easier to get our [inaudible 00:29:41]. Wayne Arnold (00:29:41): Do you mind standing up so everybody can hear you? Audience (00:29:45): Stop talking out of both sides of your mouth, sir. (00:29:45): Okay, so I understand that this was already approved, but also, there was conditions with the county that you guys were supposed to follow, as far, you guys are behind your repayments from 2022, which they have to be up-to-date. But, the transportation, [inaudible 00:30:04] every five minutes actually behind the mine, and I know specific how many trucks are coming in and out. There's a big change from the time you guys were approved back in 1999 to this date. So, there should be no way whatsoever. (00:30:20): And when it comes with the environment, I'm confused because you know where that property specific is. It's right in the middle but very important and sensitive areas, so I don't even understand why the county is okaying that this is going to continue without having them to stop. Besides this property is with the 404 permit, I don't really know what's going on at this property. Now, I don't even know who is working in there, because we have QA Enterprises there. We know the property owner is Mr. Greeny. But when you look at the county license, there's nothing besides Commissioner McDaniel. Anybody that has business here in Collier County has a license, and is required if you're making a profit money, you have to pay what everybody applies to. (00:31:09): So, I really know, who's going to be working in this mine because each company, they have their own cars, their own trucks, their own employees and that's one of the questions because I'm really confused what's going on in this specific property. We don't know how many companies are working there. If you're leasing or anything, then that needs to be informed to the county and the people that lives around as well because we're the ones impacted by everything. Wayne Arnold (00:31:35): Okay, thank you, ma'am. I understand all of those, but remember ... Ma'am, you know what? May I ask you to exit if you're going to be disruptive? Seriously. Audience (00:31:47): I'm not interrupting anybody. She's finished. Wayne Arnold (00:31:50): Okay. The answer is, the mine operator is out there today operating under the existing permit. We are here to ask for a change in the area where we can blast on the site. They can go dig all the top soil off of that today, sell it, take any of the gravel that may be out there today. In that same area, we're asking to blast. We're asking to be able to blast in an expanded area because the hard rock deposit is also in that Page 1 I Packet Pg. 1205 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript location. The environmental permits have already been issued for us to go and excavate all of this area The environmental groups that look at those things for Collier County don't necessarily look at blasting differently than the excavation itself, of taking top soil off the property. And with regard to the truck traffic, yes, as they're out there actively mining, pulling material, there're going to be more traffic than there were two or three years ago. It's just the nature of what's already been approved. We're not changing that. Audience (00:32:41): So what are you changing? You're expanding. That's what you're saying you have just - Wayne Arnold (00:32:46): So, the question is, what are we expanding? And I'll go back to the exhibit I showed earlier. We're asking for change in the area we can blast. So, right now everything that's on this exhibit, all of this can be excavated today as part of a mining operation. There's a limitation we can blast within this blue line. We're asking to expand it into this area, this cross hatch in blue for the blasting area only. They can go dig that area today. We're asking to allow blasting in that limited area. Audience (00:33:17): Well, you are asking - Wayne Arnold (00:33:18): Wait a second. Can I get somebody else who hasn't had a question yet, ma'am? Audience (00:33:20): Yeah, but you didn't finish my answer, my question. You just explained where you're going to expand, then why in God's name are you seeking approval for conditional use of agricultural area? Wayne Arnold (00:33:36): The reason we're seeking the conditional use is, the mining operation is already approved as a conditional use. We're amending the conditional use - Audience (00:33:43): Not in the area where you are asking for because you're asking for expanding - Wayne Arnold (00:33:47): Yes, the entire property, 2,500 acres is approved as conditional use for earth mining. Audience (00:33:51): When? Wayne Arnold (00:33:52): This exhibit allows for us to only blast in this area. We're modifying one exhibit that's associated with the conditions. Page 1 I Packet Pg. 1206 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (00:34:00): When was this approved? Wayne Arnold (00:34:02): It was originally approved in 1999 and there's probably been half a dozen other approvals through the years for the project. Audience (00:34:07): Through the years. So - Wayne Arnold (00:34:09): Ma'am I'm going to take somebody else and then I'll come back to you. This lady in the back had her hand up. Audience (00:34:14): So, I believe it was on May 10th, and I'm on 37 and 10, and there was a blast. I was working at home, and the blast was so strong, that I seriously thought a bomb or something had gone off. It's very disturbing emotionally and I can't even imagine if there's any veterans that live in my area and that feel this, what it can do if they have a PTSD. To say that this is not disturbing to anybody. I mean all the mirrors, all the art in my house were all shaken down. I had to relive everything in the house. My cats went completely crazy and the chickens went insane. So, if you're telling me that it doesn't affect you, it does. It's very disruptive. Extremely disruptive. Wayne Arnold (00:35:15): Thank you ma'am. Yes, sir. Audience (00:35:17): Why is the blue line there? Wayne Arnold (00:35:20): The blue line is on the exhibit because that is today the area we're limited to blast - Audience (00:35:25): Where you can mine. Wayne Arnold (00:35:26): No. We can mine all of it. There's a distinction between blasting and mining. Right now, most of that site was dug down to the lime rock and it was not blasting associated with it. The blasting is occurring largely in this area because that's where the hard rock deposit is located. Audience (00:35:42): Right. Wayne Arnold (00:35:42): Page 1 I Packet Pg. 1207 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript So, we're asking to change the limit for blasting, not the area that can be mined. The entire site that's highlighted there can be mined. Audience (00:35:53): [inaudible 00:35:50]. Why is the blue line there was my question, and why do you want ... I know why you want to move it, to get to more aggregate, but why was the blue line set there, and what's the impact for moving it? Because you're moving it south how far? Jeff Straw (00:36:07): The blue line was established by the county when they did one of the zonings back in the early 2000s. We were part of the hearing. We were there to listen to the hearing. They established it. Audience (00:36:19): Gotcha. Jeff Straw (00:36:20): At that time, they thought all the hard rock was there. The hard rock is actually in the area that's cross hatched, and that's what they're asking to mine - Audience (00:36:30): What guidelines made the blue line, to stop - Jeff Straw (00:36:33): Collier County. Audience (00:36:34): Okay. Where did their information come from? Why was it set in stone, if you will, that that's where we stop? Jeff Straw (00:36:41): 1 could be really crude, but to be honest with you, they just pulled it out of the air. Audience (00:36:44): Really? Jeff Straw (00:36:45): It came elsewhere - Audience (00:36:49): There's nothing there that says this is acceptable or anything? Jeff Straw (00:36:49): Page 1 I Packet Pg. 1208 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript I was at the hearings. Through that, there was absolutely nothing technical to say we're going to stop blasting here. They didn't care where the aggregate was, they didn't care ... What has happened is, while they're excavating, they found the other areas. They still have to meet the same criteria for this. Audience (00:37:10): How far are you moving that blue line? I mean, from where it's at now to where you want it to be, how far is that? Wayne Arnold (00:37:17): That number varies, but what we've established is, the numbers that are on the side, you can see it's 1300 feet from the bottom of the property line to the blast area. And then on the side that's 1,475 feet in that location. This is a much greater area up here, but that's the blasting area increase right here. I don't have the exact number for every dimension, but you can see that it - Audience (00:37:38): How much is that going to amplify the blast by moving it out that far? Jeff Straw (00:37:43): Nothing because what they do is they modify, the seismic graphs are like a speed limit. It's like a radar detector if you will - Audience (00:37:50): Vibration - Jeff Straw (00:37.51): ... on the highway. So, we're measuring vibration. If they get to within a certain portion of what Collier County requires, the blaster is notified. The blaster then has to make changes. He may get to a point where he says, "I'm sorry, I can't blast there." And he decides even if we get all this permitting, he may decide it's not worth it to me to do that. But what they do is there are a number of things they can do. They can modify the hole diameter that they blow. They can change the column height that we load in there. You heard 45 feet from the excavation depth. They don't load a 45 foot column. They can leave more gap at the top. (00:38:30): They can also do what we call as decking, which is split the column load to break. We need to fragment the rock because the equipment that's there can't dig it. The explanation really is why they want to be in the other areas is that's where the aggregate is that they can use. The whole entire area, the outlined perimeter is what was permitted from mining and they could dig anything they want. The only restrictions were for blasting at the time. Wayne Arnold (00:39:02): Thank you Jeff. Anybody else? Yes ma'am. Audience (00:39:08): Page 1 I Packet Pg. 1209 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Okay. I have several questions so I hope you'll put up with me. First, I want to say thank you for having this meeting. I think that everybody here, everybody's a wonderful person. You guys are doing your job. I respect that. I'm sorry I spoke out a little bit, but sometimes you hear things and you think that there should be a correction. So whatever, I hope you don't hold that against me. What I want to clear up is, this rock mining caused a lot of problems before. Okay? And this mine, the people were told the mine was closed. Okay? (00:39:56): One of the things I want to ask you is why is this informational meeting being held now after you've already started blasting and nobody knew ahead of time that it was going to be re -initiated? In fact, the only way we found out is that our house was rattled and we were standing in our home, used to the mine being closed and trying to live our lives and trying to have some protection for the house, the roof over our head. And we heard a mining sound that was so long and so strong, we went, "What was that?" And we knew immediately. (00:40:43): And like this gentleman here, we came from a home that was also subjected to rock mining. We are very experienced with rock mining. They came to our home and they schmoozed us and they had the guy come in with a cowboy hat and talk to us about they weren't doing this and they weren't doing that and they were only following this and they were only following that. And then the cracks came up in our concrete basement. We don't have basements here. You realize our homes are built on sand. Okay? You realize whatever you're doing underground, you could call it rock mining, whatever it is. But we hear a blast. Because whatever it does, it makes a blast, it makes an explosion and it hurts our homes. (00:41:29): Today there was an explosion, whatever you want to call it, I apologize if you don't like my word, at 11:26 AM. Today, you had a blast at 11:26 AM. Now, it was a nice little minor one, but it's still not good because it was overcast. That's another thing. It was complicated, because when it's overcast and it pushes the air distribution against our homes, it pounds against our homes like that. It's stronger when it's overcast. And these are a lot of things when the mining happens, the blasts go off when it is overcast. Sometimes it's not, sometimes it is. But this air distribution is damaging our homes, whether it's minor, whether it's over blasting. I'm experienced enough to say that anybody who tells me they didn't over blast on May the 10th at least probably has it pretty incorrect, in order to be nice and speak. (00:42:29): But if you don't live, if any of you have never lived in a home that's had rock mining next to it, try to put yourself in our shoes. It was horrible what they did before the mine was closed. And I have a very hard time standing here, sitting here that you telling me that it's been actively mined the whole time. If it has, it's been very low level and it's been sneaky and nobody's been knowing what's going on. But there's been a lot of trucks going in. But we have a very bad experience with this area because when they ... (00:43:05): And what I want to switch to is, the owner of this property now, goes by a name called 27th Pico Boulevard. Who's Pico Boulevard? Who is the owner in this partner of this particular property? Because we were told all of the people in Collier County Rural Golden Gate Estates that were upset with the mining, we were told that this was going to be developed into a luxury home HOA community. (00:43:43): And I even have, and I'll show you the paperwork, I even have the planning of it. They were going to have, down at the bottom here where you want a blast, all of this was going to be ... Here's Immokolee Page 1 I Packet Pg. 1210 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Road, and this was all going to become nice little shops for the gated community, so that people could come in and they could have little stores they could shop in, and all sorts of really nice things. And we were looking forward to having a nice community next to us, not more rock mining and blasting - Wayne Arnold (00:44:17): Could I just - Audience (00:44:18): So, why did they change their mind? Why did they lie to us? What happened with that? Is this just something that they like to appease us and to make us all calm down and feel good about it? Wayne Arnold (00:44:30): I'll answer the last part first. What they did is they did a comprehensive plan amendment that included this property. There was some land swap involved, but they established that the opportunity to do a rural village on this property, and that's what you're referring to. They also retained the rights to develop it by right, which would allow a couple thousand units on it today, if they move forward. The rural village was not going to occur until the mining was exhausted on the site - Audience (00:44:58): That's not what we were told. Wayne Arnold (00:44:59): But I'm just telling you, that's how it works - Audience (00:45:02): We were told it was closed. Wayne Arnold (00:45:03): So, if you look at where we are today in Heritage Bay, this was an active mule pen quarry rock mine for 20 years and it's now a beautiful development - Audience (00:45:13): That's what we've been promised, and this is what we're getting - Wayne Arnold (00:45:13): And that's probably ... No. What you're getting tonight is us discussing changing the area where we can blast the rock on the site, because it's still going to be in the future a rural community, whether it's going to be 2000 homes or even more homes with a village, that's going to occur after the excavation ceases. Audience (00:45:34): That's not what we were told. We were told it was closed. They showed us the planning. We had hope We had promise. We were looking forward to it. Wayne Arnold (00:45:39): Page 2 Packet Pg. 1211 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Well, I can assure you - Audience (00:45:39): Isn't it true ... Let me ask you this question. Isn't it true that Bill McDaniel owns the weights for the trucks that come in and out of this mine? Wayne Arnold (00:45:49): That I have no idea. Audience (00:45:50): I would like somebody to help me out with this. I was told that Bill McDaniel owns the weights, that measure the weight of the rocks that come out of the mine. Wayne Arnold (00:46:01): That may be true, but I don't think it's really relevant to the reason we're here tonight, which is to discuss where we can blast on the site. The trucks are going in and out today. Who owns the scales? I have no idea. But if they're owned by Mr. McDaniel, they're owned by Mr. McDaniel, but it has no bearing on what we're doing here tonight. Audience (00:46:16): Why has this owner changed this mine and the county and now instead of giving us a beautiful community in the area, we're getting this? Wayne Arnold (00:46:28): And I think I tried to explain, nobody changed their mind. It's a matter of exhausting the resource at the mining operation before they change it into a residential - Audience (00:46:35): So, in other words, they told us this but they left out that. So, by omission we've been lied to. Omission is the same as lying. Silence is lying. Wayne Arnold (00:46:45): 1 wasn't involved in the process and I don't think - Audience (00:46:47): I'm not saying you were, sir. You're a nice gentleman. I met you when I came in. I don't mean anything negative against any of you. I really don't. But as a homeowner that lives near there, I have to ask questions because something isn't right. Something isn't right. If you lived in that home, put yourself in our shoes. It's wrong what they're doing. It's completely wrong. You're going to damage homes, you're going to damage people's lifestyles. Okay? (00:47:21): And he knows. (00:47:21): Page 2 Packet Pg. 1212 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript And since this gentleman here is from planning, maybe he can answer some question. Why did they go ahead and give these people ... It's a petition on the letter. To me that meant you were applying for a petition, but they're saying they've already got it. Why does that happen before we even heard anything about it? Wayne Arnold (00:47:40): You might want to stand close to Sharon. She's recording that, Eric. Eric Ortman (00:47:44): Okay. I'm Eric Ortman. I'm a zoning planner with the county and I'm the zoning planner attached to this project. In 1999, that whole square up there was approved for a mine. Okay? Not blasting, but approved for a mine. Some of the gray area that's inside of the blue lines was approved for blasting. There were 38 or 39 conditions that had to be met for them to blast. They had a conditional use to do it. The conditional use said you can blast here. Now they want to move it over and blast here. That is ... Let me finish, please. You need a new conditional use to be able to move the blasting zone. That's what they're here to do. The conditions that have been attached to the mine since 2009, and has been updated, they've always remained the same. And as Wayne was saying earlier, they will still remain the same. They're not asking for anything extra. They may be updated slightly because some of the conditions in 1999 are no longer relevant today. Audience (00:48:57): Then I have a question to that. So, if they can approve - Wayne Arnold (00:49:01): Please speak up. Audience (00:49:01): Yes. I apologize. I understand where you're coming from. I am here for one reason only. I am worried and concerned about our beautiful city of Naples. We want our panthers. We want our coyotes. We want our alligators. The mining that you are expanding and the blasting that doesn't cost any harm to houses and people, does it cost harm to the environment? What concern was, your statement was, if I remember correctly, because you don't want to be interrupted, you said the EPA already approved it. When? 1999? Did you apply for a permit? Was the EPA, the Environmental Protection Agency now when you are expanding, or do you already have the approval? If you have it, can I have the copy of it, please? Wayne Arnold (00:50:11): Sure. We'll provide a link to it on our Grady Minor website- Audience (00:50:19): I don't have a website. I am very poor. I don't have a - Wayne Arnold (00:50:20): Do you have a telephone? Audience (00:50:20): Page 2 Packet Pg. 1213 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript I don't have a computer. I don't have internet where I live. I can't afford it. Wayne Arnold (00:50:22): Tell you what we'll do. Audience (00:50:25): Yes. Wayne Arnold (00:50:25): We'll make sure that Eric gets a copy of that. You know how to get in touch with Eric? Audience (00:50:28): Yes, sir. Wayne Arnold (00:50:29): We'll make sure that he has a copy of the environmental permits that have been issued - Audience (00:50:32): So, they are already being issued - Wayne Arnold (00:50:33): We already have - Audience (00:50:33): ... before our meeting? Wayne Arnold (00:50:36): The environmental permits were issued several years ago, associated. As I said, I can go on this property - Audience (00:50:41): But it changed. Wayne Arnold (00:50:43): Ma'am, I can dig all of this area down to 20 feet if that's where the hard rock is. We're asking to be able to blast deeper than that. So the area's already been impacted. The environmental agencies have already looked at that as an impact to the land. So, there's no separate permit - Audience (00:50:57): 1 don't have a problem [inaudible 00:50:59]. Wayne Arnold (00:50:59): Ma'am. We're trying to ... Only one at a time, please. Page 2 Packet Pg. 1214 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (00:51:04): Let me finish. What you are telling me, the environmental protection approved this 1999, when you started the project, and this is okay until now. There's no exploration, nothing has changed in our area Are you aware that in your area that you are trying to do the blasting or expanding, there will be built 6,000 new homes and 1800 of - Wayne Arnold (00:51:35): Excuse me, ma'am. I just want to say there's conversation going on over here and here. I can't really have that. It's so disruptive to the recording. So please one at a time - Sharon Umpenhour (00:51:44): If you have a question, please ask the question for the blasting expansion. Audience (00:51:52): [inaudible 00:51:55]. Sharon Umpenhour (00:51:55): We're not discussing the rural village. We're not discussing expanding the mine. We have the mine. It's in operation. We're discussing the blasting expansion only. Can we please keep it to that? Audience (00:52:13): So, why we are here? Sharon Umpenhour (00:52:15): For that purpose. The expansion of the blasting exhibit. Audience (00:52:20): You put a permit in place. You applied for a permit [inaudible 00:52:25]. Sharon Umpenhour (00:52:24): They already have all their permits in place. They've had them for years. Audience (00:52:30): No, no, no. You just put a new permit in for the agricultural area, ma'am. That's why - Sharon Umpenhour (00:52:36): This has always been agricultural area. That's why it has a conditional use that's on it already. Audience (00.52:43): Then why is Eric Ortman from Collier County here? Why are you telling us that you're asking for a permit to expand? Wayne Arnold (00:52:49): Page 2 Packet Pg. 1215 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript We're expanding the blasting area. That exhibit is part of a conditional use. We're required to revise the conditional use in order to change the blasting location. Everything else stays the same. If we did nothing with this permit, activities would occur on the site and they would continue to dig on the site, they just couldn't blast in that limited area that we explained. So, I'm going to ask somebody else a question. Yes, ma'am. Audience (00:53:15): So, my house was built in 2006. When they put the permit for all those homes that were built in that area, that blue line was the one that they had in reference. Am I correct? (00:53:26): The original. (00:53:26): The original blue line is what was allowed to be blasted? (00:53:31): No. (00:53:32): Right? (00:53:32): Yes. Wayne Arnold (00:53:33): Yes. Audience (00:53:34): So, 1999, the first blue line - Wayne Arnold (00:53:36): Well, 1999, that was not a 1999 approval for the blasting in that area. Audience (00:53:44): So, that blue area, that now you want to expand to is bringing the blasting area very close to homes that are already there, that got permit issued from the Collier County, when your blasting line permission was much further. Wayne Arnold (00:53:59): Yes, and if I might - Audience (00:54:00): Would they have issued those same building permits and the same way of building the house, if they would've known that you would expand to that new blasting area? Wayne Arnold (00:54:10): Page 2 Packet Pg. 1216 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Yes. The question if anybody didn't hear, would the homes that have been permitted have been issued the same permits? And yes, they all have to meet the Florida building code and the Collier County codes for home construction. And as I said, we've established a new perimeter setback for any of the blasting activity. Jeff's firm has looked at the seismic activity and the blast charges that we're not proposing to change and determined that at those distances, will have no impact or should have no impact on surrounding property owners. Do you feel blasting? Yes. I'm sure if you all are very close to the mine, you're going to feel that blast. But the charges are set to a limit that's not supposed to create damages, which is why they have a fund established to replenish those dollars if you do by chance, have - Audience (00:54:52): 1 just have one last question. I'm sorry. And then I'll just be leaving anyway. Would it be at all possible that we would know the schedule of when those blasting are going to occur? Wayne Arnold (00:55:08): That I don't know. Jeff, I don't know how far in advance they establish the blasting schedule. Jeff Straw (00:55:10): One of the things I just talked with Mr. Scrotenburr about is developing a call list. Through this, we still have a process to go through. But the mine typically knows within a few days. They could do some kind of either an email or a call to say we're blasting today at noon. Other operations have done that and it's pretty common in the industry. And I'm sure that the folks that are actually operating, or the operating entity, if you will, that are actually doing the digging and everything else. We can get them to do that. So, between now and the planning, as the approval process goes on, we will make that recommendation that that can be included as part of the blasting items. Audience (00:56:04): Because it's about disturbing, if you know this [inaudible 00:56:10]. Jeff Straw (00:56:10): Absolutely. Absolutely. Look, there is a no question - Audience (00:56:11): Out of the blue and you think there's a bomb just went off. Jeff Straw (00:56:14): There is no question, and one, I will you, yes, you will feel it. Two, yes, it can be startling. That is probably the biggest part of what we deal with is the startle factor. But I will see what we can do to get that into this approval processes. It may be a new condition, but as part of an approval process. Wayne Arnold (00:56:38): Yes, sir. Audience (00:56:39): Yeah. My question is this, if the people in the surrounding area are feeling the blast and they're pretty sure that it's causing damage to their homes, is there any way to do a little bit softer mining and just Page 2 Packet Pg. 1217 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript reduce the amount of explosives or whatever you want to call it used, just do it more often but use less so that the impact to the vibrations and everything else that's happening won't be felt as badly? (00:57:08): Because I think if you did that, you wouldn't have so many complaints. And just like you said, the starling effect of it, the noise, the shock waves that are produced, I mean I wouldn't mind if you blasted more, but it was softer, like a little clap of thunder in the distance, instead of feeling the whole ... Because I know you guys, you want to probably drill as many holes as you can and get one section done as quickly as possible. Jeff Straw (00:57:37): No. Audience (00:57:38): You don't want to do that? Jeff Straw (00:57:40): No. They have a design for each blast. You can't put more in a hole. In other words, more charge in a hole because it will break the rock, but then it creates excessive vibration. The same thing happens if we start to take things out, then you don't break the rock and all we do is create vibration. So, what we have looked at and what we have gone through in all of this, and I'm speaking because I have history of this, of going through the prior approval process for the blasting. The issue with this is we looked at doing more blasts per day in the county and everybody in the neighborhood went, "No, we don't want that." That's how we got to the eight blasts per month because it was two per week. (00:58:32): We cut back on the ground vibration from what the state says we would be allowed. We've cut back on the air over pressure. Now part of the reason you folks feel things differently is where they are in the pit. So, sometimes they're at the north end and if you live on the south, you don't feel very much. If you're on the east side and they're in the middle of the east, you may feel more. When they're down towards the south in areas there, all of that changes. (00:59:00): But to start pulling material out of the hole, we can't because we're stuck with the number of blasts we're allowed to have. There's also somewhere buried in there, a condition on the number of blast holes that they have. So, we can't drill all month and have one blast. So we have a - Audience (00:59:22): That's not what I'm trying to say. I'm saying - Jeff Straw (00:59:24): 1 understand what you're trying to say but - Audience (00:59:27): You're going 40 feet deep to try and get everything you can and just basically take that wedge away, and blast it small enough so it can be ground down into aggregate that you can use for construction, can't you do less explosives and just take a portion of that shelf off - Page 2 Packet Pg. 1218 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Jeff Straw (00:59:43): No. Audience (00:59:45): so that it doesn't shake the houses as much? Jeff Straw (00:59:46): No, the problem is - Audience (00:59:47): You can't do that? Jeff Straw (00:59:48): ... you're still going to get the same amount of vibration. The problem is we get one pass, it's all underwater. I mean the equipment that they dig with digs to the bottom, the 45 feet, the 50 feet or whatever depth they're at, whatever it takes to dig to that level that they have. Minus 45 is not 45 feet. But whatever they're digging to, they get one drill and blast hole in there. To do that, it has to be that full column and that's part of what would happen as they move closer. They'll maybe change hole size and things like that and look at some of that. But it's all to maintain the ground vibration level. Everything we're doing is under that current limit. That's where we are now. So I mean look, if they could do less, these guys don't want to pay more. They're doing the minimal amount they can load and break that rock. That's what it takes. Audience (01:00:53): 1 do have one last question. Wayne Arnold (01:00:55): Okay, yeah, because we're going to try to wrap up. [inaudible 01:00:58]. Audience (01:00:59): Sir, when you finished with the area [inaudible 01:01:04] the reason for it was, I understand you correctly, because you need materials and there's nothing left. The expansion has what you need to sell Now what do you do after you finish the area? Are you restore the area? Are you making beautiful plants and animals and trees and bushes, or just you are leaving the way it is? Wayne Arnold (01:01:30): So what happens after the mining operation ceases? In this particular case there, they typically do what they call reclamation around the edges of the perimeter where they have to reshape it and make sure that it's stabilized and it's sloped appropriately. And then in the future you're going to see this developed most likely as a residential community. Audience (01:01:49): So, it will be a residential area after the fact. That's what I'm talking about. Page 2 Packet Pg. 1219 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Wayne Arnold (01:01:52): Yes, ma'am. Audience (01:01:52): Okay. Wayne Arnold (01:01:55): So, let me conclude by saying that on the screen, I've - Audience (01:01:57): [inaudible 01:01:58]. Wayne Arnold (01:01:59): Hang on one second. Audience (01:02:00): One last question. Wayne Arnold (01:02:01): I'm not going to cut you off. I just want to tell everybody who's here in case they leave, that this is our contact information, for Sharon and us, if you want to go to our website. I understand you don't have access to that, but we're going to get Eric the information that you requested on the environmental permits. [inaudible 01:02:13]. Audience (01:02:12): Can I get a copy of all this, what you showed here on the screen? Wayne Arnold (01:02:12): Sure, absolutely. Audience (01:02:12): 1 would love that very much, thank you. Wayne Arnold (01:02:12): Yeah. We'll make sure Eric has a copy - Audience (01:02:12): I'm not against mining. I just am concerned about the environment. Wayne Arnold (01:02:25): Last one. Audience (01:02:26): Page 2 Packet Pg. 1220 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Yeah. I want to ask this lady a question and the planner. You seem to have restricted us on what we can ask. This is an informational meeting, but I'll try to speak on what you requested right now because you want to wrap it up. You wanted us to address what you were asking for as an expansion of the mining. Wayne Arnold (01:02:52): No. Jeff Straw (01:02:53): No. Wayne Arnold (01:02:53): I want to correct you right there. We are not asking for an expansion of the mine. We're asking for an expansion of the area where we can do blasting on the mining property. Audience (01:03:02): Okay. (01:03:02): You've got mine now. (01:03:02): Okay, thank you. What I want to ask is why is the permit number on the letter and the why was the permit letter on the screen, one of them is PL 2001 number, number, number, 2012 number, number, number? Why did this go underneath the table? And why was this approved when we were told the mine was closed? Wayne Arnold (01:03:36): I don't know who told you the mine was closed. Audience (01:03:38): Collier County did. (01:03:38): Collier County. (01:03:41): Collier County. Wayne Arnold (01:03:41): The mining activity may have lapsed for a while but it's been an active ongoing mine - Audience (01:03:45): [inaudible 01:03:46] planner. Wayne Arnold (01:03:46): They have all their permits. And Eric, you can probably address that. Page 3 Packet Pg. 1221 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Eric Ortman (01:03:49): I can answer your question. Audience (01:03:50): Please. Eric Ortman (01:03:51): Every time a petition comes in to do something, rezone something, change the use of something, it's a petition. It's generating a PL number. Those first four digits are the year. Then there's usually two or three or four zeros followed by other numbers that are the petition number. Why you're seeing something with PL 2001, that's because that petition - Audience (01:04:19): 2011- Eric Ortman (01:04:19): Okay, 2011- Audience (01:04:19): No, I'm sorry. 2021 and 2022. Eric Ortman (01:04:22): That means that in those years, an application was filed. Audience (01:04:27): But why are we finding out now? Shouldn't we have had some say so on that? Because it affects our homes? Eric Ortman (01:04:30): Ma'am, let me finish, please. Audience (01:04:30): Okay. Eric Ortman (01:04:35): All of these petitions are publicly noticed. In 2012, that petition was publicly noticed. There was a meeting such as this. Audience (01:04:47): In 2022, they had a - Wayne Arnold (01:04:48): Let me explain, prior to this - Page 31 Packet Pg. 1222 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (01:04:51): No, I like what he's saying. I like what he's saying. Let him finish, please. Go ahead. Eric Ortman (01:04:53): Audience (01:04:55): Okay. Wayne Arnold (01:04:55): I was just going to say, like Eric said, this property owner did file other applications over the years for a rural village. They filed for potentially to put a zoning PUD in place for the property. They didn't decide to go forward with that at the moment, but they are pursuing an increase in the blasting area for the site. So, that's a separate petition, gets a separate tracking number. We have to have a separate set of meetings. And going back to 2012, these notice requirements that we have today, the radius now in the rural estates area is for a mile. It used to be 500 feet. So, the amount of people who get notice is substantially greater today than it was. Audience (01:05:29): That's a shame right there. People should get notices for a whole of Golden Gate estates and they have the choice of what to do. But what I want to finish with is, if the PL, it says 2022 and it went through the zoning board and you publish those petitions, probably what? Naples Daily News or wherever? And we didn't see it. Okay? And this went through and it's approved and they're already blasting. The thing is, great for you guys but the mine was closed. The people were told, you're not going to have to go through this again. Wayne Arnold (01:06:14): Okay. I'm not going to debate that point - Audience (01:06:15): So, something seems to be wrong here. Wayne Arnold (01:06:16): I don't know who told you that the mine was closed. The mine has had active permits since 1999, and has been ongoing. Sometimes mining activities, they go hard. When there's material needed, they go. Sometimes they go into hibernation mode and they're not mining as actively, but this has been an active mine. It is not closed, was not closed and it's going to continue. Audience (01:06:35): Mr. Ortman, do you remember when this [inaudible 01:06:371. Wayne Arnold (01:06:35): Can I close the meeting? Because I don't think this is really relevant. Page 3 Packet Pg. 1223 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Audience (01:06:36): This is important. Do you remember when that mine area was allowed to be rented or permit was given to environmental services so that they could resurface the mulch and the fires happened, and the fires went all the way to Fort Meyers - Eric Ortman (01:06:55): Ma'am. You can have my business card. If you want, you can submit a public records request and get all the information on any petition number, because I don't have it off the top of my head. Wayne doesn't have it. But everything that gets approved is publicly noticed. I wasn't here in 2012. Audience (01:07:21): Okay. We went from a closed mine to bunch of fires - Eric Ortman (01:07:23): Ma'am - Sharon Umpenhour (01:07:25): We're going to officially close the meeting. Audience (01:07:28): And now all the sudden, you're telling us the mine is active. Wayne Arnold (01:07:28): The mine, ma'am - Sharon Umpenhour (01:07:31): You can ask - Audience (01:07:32): You guys are [inaudible 01:07:33]. Sharon Umpenhour (01:07:32): You can ask questions and keep talking, but I'm going to close the meeting so I can turn the recording off. Audience (01:07:38): Is it a fire pit or is it a mine? Sharon Umpenhour (01:07:39): Is it all right if I turn it off? Audience (01:07:40): Or is it a community? Page 3 Packet Pg. 1224 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Jeff Straw (01:07:41): You're supposed to [inaudible 01:07:44]. Audience (01:07:43): Come on, what kind of meeting is this? Wayne Arnold (01:07:46): No, that's not exactly the rule. Ma'am - Audience (01:07:47): Tell us the truth [inaudible 01:07:48]. Sharon Umpenhour (01:07:48): This lady has a question. Can she ask a question? Wayne Arnold (01:07:51): This is the last question. We're adjourning the meeting after this. Audience (01:07:54): I would like to know, the reason I know you guys want to just focus on blasts, but my interest is on, who do you list in this property? Because in case, there is reports of spills and stuff and I know the permit goes through you guys, but when it comes, you guys have the bonds and everything or the [inaudible 01:08:17] bonds whatsoever. But when it comes to these other parties, what are the requirements? And I would like to also for the county, Mr. Ortman, if I can have your card where I can see all the business licenses under this specific property, that is working under this specific property because reason why, we are on the wells, okay? So any spills, anything that's going on especially mine, I'm right next to it. Eric Ortman (01:08:44): Right. Audience (01:08:46): When it comes to the environment waiver and all that stuff, to us, it's very [inaudible 01:08:54]. Eric Ortman (01:08:58): Since this is the last question, I will give you my card. Send me an email and I'll tell you how to make a public records request. Everything that you're asking for. You can have it all, but it's going to take a long time to get it all together. Audience (01:09:11): I have gone to the county portal and stuff. To this date, they don't have [inaudible 01:09:19] that it's working, because that would be them. They would know, because it's nothing with a business Collier license. We only see Commissioner McDaniel. Then we have Mr. Petrozzi. Then we have the owner, Mr Greeny. Then we have these other parties, and we really want to know who's really working on it. It's not that we're trying to interfere or anything. It's our concern that if something happens ... Because Page 3 Packet Pg. 1225 9.A.4.d SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript after today, I will gather my neighbors and we're going to pay our own specialist to have this because of vibration. (01:09:49): Because last in 2019, we had the news cover this, and it's your third party. I'm not saying that they're not going to do their job, but we invested. We also have property rights just like Mr. Greeny, but it's just so much going on with that property that we would like to know exactly who's working [inaudible 01:10:10] Mr. Petrozzi, now I find out Commissioner McDaniel. If Mr. Howard from CIA, how many people are working in this? It's a concern because it's required by the state that you guys have the bonds to any damages or whatsoever coverage. But what about these other parties? (01:10:29): And we don't have enough Collier County staff to supervise all this stuff and we know that. But it is for us to oversee our, where we're located because we invested as well. And so if I can have your card and I'll send you email and if you can give me that information of what pieces and what companies are going in and out of there because we have recorded multiple times, all the companies are going in there and then we look through the Collier County website. Records were not shown there [inaudible 01:11:06] because those are leases. (01:11:07): Thank you so much. Eric Ortman (01:11:08): It may need to be a public records request that is sent in paper - Wayne Arnold (01:11:11): So thank you all for coming out. We're adjourning for the evening. Appreciate it. Page 3 Packet Pg. 1226 8£OLZ) sleua;ew WIN 6uipnl3ui;uawn3oa dnipe8;ueoilddy- £;uaw W Z a W 04O NT co W to M N •o O O O N N O J CL Z O H W CL i i� a .O E i O 0 O Z N N O N N ai .y 3 0 0 c .° a) c� a� Uz c2 _z aJ c a (� G ) O b-u 0.1:2 20 z 0} 0 c a 0 E c u a� 'o Cl. 8EOLZ) sleua;ew WIN 6uipnpui;uauanoo(3 do)ioeg;ueoilddd - g;uewgoel4v :4uewgoel4v W W I w CL Q a) a� Q o cL � o U U > O O N C > O N � 0 � O0 U U O O >1 o O ° = v Q a � sca h C a a a� � Q I a. 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L C C .A O -C O O O L 7 m Kroro�'Eg O m U a O 3m� � 0�1 m C� , 4 7 �` I om w a1 m �E a0 O o�� A W UU C m n7E00,8 L m_ m y- y% 2 m 0 6 acit�Dmmyc� p •v n II v cc°�v' m LD O d a 0 E N O 0 CL ac C t , M r cG o j o m i c o 093? 1 oN Tp m m.c y rmLFj m n -0 mm Emcc-0EP r mc'c� x ` ) c3 c mEmL L'2 2a . m >ay .c LL E .� 'r to W ai O 0A y pppp L C C C O E 3 E m m cm .x o m to c o m L ,c m a ; N j y c o m V n a a m �' i6 m c U 5 m y. o CL E w 00 m p o cc O U ma e m L�oe d 2 � m o Ea 0 rE c r -o`, 0 5 Q mc c oau, c w �d y��� n 16 L Tm U m Q m l6 m L C� U o .�O _ m U E E m U N m O m�j _• 7 L m Q, 0 W a« CN m V' < E-m cci of c m a c O 4 w O f0 E ¢ y C a m y O C o 'y C o d E C C ' ii mC~ y M.a m E m w k -o a o c n in (S o E m? y�c .0R 4, IDU O 'C V1 C 2 O G -0 t .O g N ati v m o C E E p 7 m r �i o is to v r p? °^ L -� m W OC Q Ix V 0.52 • 3 Nm m C L O E m O E _ m L r. 2 0 m ,Coi!, ,rti o c O .R 10 a EU >L0 o>. 72 r2py rms Oy Lm 'cC a3 R 7 ro m; 0 C m _�C p 3 01 Ca O c: m °� O C W r QC .G O N C C) C W N C C O O G f0 N O O O J 7 g m 1 m O Nm c m U m n L L oo O `�rO m y m�i .o U ms O O U m 02 E 'AEO M 0 �y p !2L U a a G C L p O E -2 �� �� _ � m U Ev; v7 Em o �E vmY `°E _m.o o > a e md ab _ c oc C -cy Hof !a� ams e N m E a Erm EW EcLL' vm ocogma v uv o E' a E X m "�'i -H nm , W2 m OUcc E a2 � m ' O'd - mLy c cmU E � CD x G OCD � Y o a ¢ E � o H 0 r N C7 4 L6 fD r w Gi O s PEI 8£OLZ) SILMOMIN WIN 6uipnl3ui;uawn3oa cimpee;ueoilddy- £;uetugoq;y :4uewy3e4;y Q c a fi Y c rn y dv �°o -ow m E mom' E -0n m omo yy Y_Ya n Q a O m OnLS m y m C 3 t U m m .} m m w c V O � co Eo or m � D' = Dm d m y � m a U) z co d a +-= N L V C c m c L y W m O a 2 m > m E 3 o n r m $ wcA o `o `o o } E m 16 c ° m m 0- � m c x c w c c m- m r 5� oEm n� r°�ai o m o v a y c o 'coy E 0:9 ewe o c° m > Q E m E c =� wE a w 0 CD �_ 3L n �c v� dWJ �p7Q c m c 'O N 0 c b mELCf3 Rm LdW cE _� oo mat cmO m m a C E E aO mo _0T o N � N m C0 C m m CE a"waft X y ym E� $p L 7 y € C ._ C E O m Q E 9j Z yp m 7 c oO Q � a- 9 O a o y �, a w 61 O C of E L O m'c.o , ;w �� E m° o o� oac E P g m E o 's chi � c c r n-0 m to m E O , m Q m oLL o S mom¢ m € m 07 t o �� m o c a c C Vcm m m a arm W o'a a w v m $ E c a aim tcn �S�i �� aUm �°' rcm c cm m� aora eVmo� ¢ � F- m � w ¢ � �Ulm ��pp M O9� �yymy m7N pal0s 2 eO Cie ;,as R a� C wm r md Erg ac c 5 c r0$ X_ 0�q nK «.2 —W w m :0, m °O m a O m 9 m a- 1ctimcgmiS7 -irY_>O1 7 •L• w F c '� a E m C m aF' $ A m () l9 d 0 LL A a w C Q O Z c C 7 m L x an d E w € m a m D Y N 91 we cmD cA€ e�B o yaUceE E m U A co €44 LLcc = aaG G s cE mmCL EOow cm E.0 n0m o2=om o3r o a , c nrE�=c' g'c. m U1°r Eaw anw o€cii m w Ec- xm- o:§ mcm _ o- co m nO o w mr_g' c.� m m �� °°yy ° o w E t mr ¢o' ,-'4m Em- n r3.m. m=3��� m x a ca°m 3 m C— O V 3 L w W R y w .r Q tr E m oA Q /0 ° cE°w ODOr n� msm, mmm m '°gs z7," m�5� 'c w e9w =`�mW �� Ym'oC7 w io Z Q w n c�Z c ca m �e o m E �v F m 4m� mm t5 y o2cLO� vH a iS- a� nmc o�33� g�c ELL�� c`F°woa�40 -b mt mm20 m 19 m« E w �o rU7 x o- o O w mm $U c w m oa -c° `6 l $aw ;°.p Emcl$ cry,_ hroc° r BQ� o� as a�a�m n ° cmi O-z' 00 mo�g E �'m -+� o ° �v cog E m ;0, P mm__ro t�'x �E �`iE`o� cE�c,�i�o�mo °'caw N IN Co p `�' w � m ui �' w o € � a c ._ m w 4 '- o� � � m }, wV xwwn mE mx 3 ¢ xnoie0 �O acs ct; y�m '�mmmw �a0o aom mo°Zs�02 iLEa acv�wc �� ocw� 5Tm °�mmm Lo ro n mm c oEo 5rm w 'c r cu=o Uc gr w c°ci Cg° 'Suva OT) 00m c3 Y o'm �`o_bc on E 4 oa o a� c o �s �E aq - a c ° s oLL' Lcv�i sSm Ewa may�Z mmm�cmM p�2 mc�Ca� C. m j E 43 C t �} C 1_ L m m L O d 'O A m 7 L O x� m m ° C m Vic n 2 o m-� W o me°icae Hm°O� 5A�' Ocv,�a t Fmm ©gA [LL1°� exw Q3.na._Sm 3 ¢ul m¢a m u N N CN N N N N N ry 8EOLZ) sleua;ew WIN 6uipnpui;uauanoo(3 do)ioeg;ueoilddd - g;uewgoel4v :4uewgoel4v 4— i O CIO 0 0 U Q C U o U U � O Q) N o E Q) E O U O Q) E o � C N N i Q) a) � O O CD o 0 Q) Q) Q a) Q , Q U Q �U O m 0 Q) Q) Q) — N O 0 N Q) w _ E U _ O)O O Q Z'-3 U C: Q) 0 0 z o:D QLu • w E 0.1 M i Q) Q) U E s Q) > N O M U a) O Q) U �z C) Q) o� o E o o� 0o U I (j m O U S.- 0 O M 4 LU O F— ol ol N M L. Q) Q) U Q) a) C0 :D N_ U �I � J V V �z oi a-Q o E m � I U UU om m 0 V .w z H h _ 0 E O a ai h 8£OLZ) SILMOMIN WIN 6uipnl3ui;uawn3oa cimpee;ueoilddy- £;uewyoe;;y :4uewy3e4;y V'A Z a U > N 140 V O O N LL. N � O Z CL o = w o W } 0 U U Q a _ 0 ._ U a O U U '— U � N I— O: N O Q- O O O � ._ O a a a@ E 0 o a L h M� U c E i O .i a W .� E 00 U .L) ow 0 U 9.A.4.e Attachment 4 Legal Ad, Sign Affidavit and Sign Photos Packet Pg. 1248