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CCPC Agenda 02/01/2024 Collier County Planning Commission Page 1 Printed 1/26/2024 COLLIER COUNTY Collier County Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 1, 2024 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. February 2024 Collier County Planning Commission Page 2 Printed 1/26/2024 1. Pledge of Allegiance 2. Roll Call by Secretary 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes A. January 4, 2024 CCPC Meeting Minutes 6. BCC Report - Recaps 7. Chairman's Report 8. Consent Agenda 9. Public Hearings A. Advertised 1. 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 2.03.01.a.1.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] February 2024 Collier County Planning Commission Page 3 Printed 1/26/2024 2. PL20230002460 - GMA - Commercial Subdistrict (GMPA) - Amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element by changing the Land Use Designation of property from Estates Mixed Use District, Residential Estates Subdistrict to GMA Commercial Subdistrict to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of Indoor Air- Conditioned Mini and Self-Storage. The subject property is located south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, consisting of 9.84± acres. [Coordinator: Kathy Eastley, AICP, Planner III] (Companion Item PUDZ PL20230002458) 3. PL20230002458 - GMA CPUD Rezone (PUDZ) - Ordinance rezoning from the Estates (E) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 to the GMA Commercial Planned Unit Development (CPUD) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and indoor air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of indoor air-conditioned mini and self-storage for property located south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, consisting of 9.84+/- acres. [Coordinator: Ray Bellows, Zoning Manager] (Companion to GMPA-PL20230002460) 4. PL20220000946 Home Depot - SE Naples Commercial Subdistrict GMPA - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and map series by changing the land use designation of property in the Urban, Mixed Use District, from Urban Residential Fringe Subdistrict to the Home Depot-SE Naples Commercial Subdistrict, to allow development of 140,000 square feet of gross floor area of Commercial Intermediate (C-3) zoning district uses and home improvement store uses, and furthermore directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 13.77± acres. [Coordinator: Rachel Hansen, AICP, Planner III] (Companion Item PUDZ PL20220000543) February 2024 Collier County Planning Commission Page 4 Printed 1/26/2024 5. PL20220000543 - The Home Depot SE Naples CPUD Rezone (PUDZ) - Ordinance rezoning from a Commercial Intermediate (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as The Home Depot-SE Naples CPUD, to allow development of 140,000 square feet of gross floor area of uses including Commercial Professional and General Office District (C-1) uses, Commercial Convenience District (C-2) uses, Commercial Intermediate District (C-3) uses, home improvement store uses and miscellaneous repair service uses; and providing for the partial repeal of Ordinance No. 92-43 relating to a frontage road and shared access commitment on property located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, consisting of 13.77+/- acres; and providing an effective date. [Coordinator: Ray Bellows, Zoning Manager] (Companion to GMPA-PL20220000946) B. Noticed 10. Old Business 11. New Business 12. Public Comment 13. Adjourn 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 5.A Doc ID: 27756 Item Summary: January 4, 2024 CCPC Meeting Minutes Meeting Date: 02/01/2024 Prepared by: Title: Operations Analyst – Planning Commission Name: Diane Lynch 01/17/2024 8:11 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/17/2024 8:11 PM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 01/17/2024 8:11 PM Zoning Mike Bosi Division Director Completed 01/23/2024 11:02 AM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 01/24/2024 3:31 PM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 5.A Packet Pg. 5 January 4, 2024 Page 1 of 67 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida January 4, 2024 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 ABSENT: Amy Lockhart, Collier County School Board Representative ALSO PRESENT: Raymond V. Bellows, Zoning Manager Mike Bosi, Planning and Zoning Director Derek Perry, County Attorney's Office 5.A.a Packet Pg. 6 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 2 of 67 P R O C E E D I N G S 8 MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Ladies and gentlemen, please take your seats and accept from the Planning Commission our wishes to you for a Happy New Year. This is the January 4, 2024, 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: I'll ask the secretary kindly to take the roll. 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? CHAIRMAN FRYER: Commissioner Klucik called, and he is en route; says he'll be about five minutes late, so we're expecting him. COMMISSIONER SHEA: Commissioner Sparrazza? COMMISSIONER SPARRAZZA: Here. COMMISSIONER SHEA: Commissioner Schumacher? COMMISSIONER SCHUMACHER: Here. CHAIRMAN FRYER: We have a quorum. COMMISSIONER SHEA: Quorum of six. CHAIRMAN FRYER: And also Ms. Lockhart's absence is excused. Okay. Let's see. Addenda to the agenda. Mr. Bellows. MR. BELLOWS: Good morning, Commissioners. Happy New Year. We have no changes to the agenda. CHAIRMAN FRYER: Thank you very much. Planning Commission absences. Our next meeting -- and, boy, looking at the lookahead that you sent us, Mr. Bellows, we're going to be busy the next few meetings. So with that in mind, our next meeting is on January 18, 2024. Does anyone know if he or she will not be able to attend that meeting? COMMISSIONER SCHMITT: I'll be here. CHAIRMAN FRYER: I'm sorry? COMMISSIONER SCHMITT: I will be here. CHAIRMAN FRYER: Okay. Excellent. All right. COMMISSIONER VERNON: I will not. CHAIRMAN FRYER: Okay. It sounds like we're going to have a quorum nonetheless. Same question for the February 1, 2024, meeting. Anyone know if he or she won't be here? (No response.) CHAIRMAN FRYER: All right. That augurs well for a quorum there as well. Let's see. Approval of minutes. We've got really one meeting, two sessions, so 5.A.a Packet Pg. 7 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 3 of 67 two sets of minutes, the morning and afternoon sessions of our December 7, 2023, meeting. Are there any corrections, changes, or additions to either of those minutes? (No response.) CHAIRMAN FRYER: If not, I'd entertain a motion to approve both of them jointly. COMMISSIONER SCHUMACHER: Moved. CHAIRMAN FRYER: Is there a second? COMMISSIONER SCHMITT: Second. CHAIRMAN FRYER: Any discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: They pass unanimously. Both sessions of minutes of December 7 have been approved unanimously. BC [sic] report, recap, Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows. I was just back from vacation, so I don't personally have one, unless Mike does. MR. BOSI: Yeah. And, Mike Bosi, the zoning director. The 13th Street storage facility, the GMP and PUD, was approved by the Board of County Commissioners on their regular agenda as well as the Capital -- the Capital Improvement Element and AUIR that was on the regular agenda. The Marco Shores golf course was approved by the Board of County Commissioners based upon the recommendations of the Planning Commission, as well, on the advertised public hearing. And on the summary agenda, we approved -- one second -- the Monterey Planned Unit Development scrivener's error, which was pretty procedural, as well as the GMP amendment that extended out our Future Land Use Map which had a 2025 prospective, and obviously that was not long enough for our Future Land Use Map to have that, so we extended it out to 2045, as was recommended for approval by the Board of -- by the Planning Commission, and that's all the items that they heard. CHAIRMAN FRYER: Thank you, Mr. Bosi. Chairman's report, none today. Consent agenda, none today. ***Public hearings, advertised. The first to be heard today is PL20230014143, a Land Development Code amendment addressing flood damage prevention. The matter is legislative only, so no need for swearing in of witnesses or ex parte disclosures. We've got Mr. Johnson, who's in the batter's box. Go ahead, sir. MR. JOHNSON: Good morning, Mr. Chair, Commissioners. Thank you. For the record, Eric Johnson, planning manager. Excuse my voice. I've been under the weather for a couple days, but we'll get through this. And I recognize that we're first on 5.A.a Packet Pg. 8 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 4 of 67 the agenda, and I appreciate that. We'll make it quick. This Land Development Code amendment seeks to modify or update several sections/chapters in the Land Development Code; Chapters 1, 2 -- several sections in Chapter 1, 2, 3, 4, 9, and 10, and the idea here is that we're looking to remove any language that's in the LDC that's -- that pertains to flood damage prevention regulations that are either duplicative to those which are already in Chapter 62 of the Code of Laws and Ordinances or in conflict with the Florida Building Code. I'm joined together by my fellow staff members. We have William Lang, who is the floodplain coordinator for the county, and his director is Chris Mason, who's the director of Community Planning and Resiliency. So the county has been approached by a consultant who's working on behalf of the State of Florida that was advising jurisdictions throughout the state of Florida to do this effort to remove any duplicative language because FEMA wants to -- because of FEMA implications. So what we're trying to do is recognize that Chapter 62 of the Code of Laws and Ordinances is the main repository for flood damage prevention regulations and so migrating the problematic language from the LDC into Chapter 62 of the Code of Laws and Ordinances. Now, I will, in all transparency, highlight that there is one definition that is in the LDC that we're proposing to delete. That would be proposed in a separate effort, a separate draft ordinance that will be presented to the Board of County Commissioners as far -- as part of Mr. Mason's initiative. So I wouldn't say that -- so today you have jurisdiction over the Land Development Code amendment. We want you to see this, recognize it, recognize that -- what we're doing. We're removing the duplicative language, the language in conflict and, for the record, that flood elevation determination definition would be removed from the LDC and placed in the Code of Laws and Ordinances. I'll be happy to answer any questions. I have Mr. Lang here who could speak more about the changes that we're clarifying, the mobile home regulations that are in the code, and also recognize that as part of a county staff, we do not do any staff-initiated amendments. This is driven by a consultant from the State of Florida. Do you have any questions? CHAIRMAN FRYER: Thank you. No one is signaling at this time. I'll -- well, go ahead, Vice Chairman. COMMISSIONER SCHMITT: Yeah. Just -- William, as I asked in the back of the room, and just for clarification with my colleagues on the Board, just because you eliminated, like, firm and flood insurance rate maps, they are still applicable. Everything has been migrated over to the Code of Laws and Ordinances. So it's not that they're eliminated. It's just the fact that you're eliminating them from the LDC, and the language will be now carried in the Code of Laws and Ordinances. I guess I'd need your affirmation on that, number one. (Commissioner Klucik is now present in the boardroom.) MR. LANG: For the record, William Lang, L-a-n-g, floodplain coordinator with Community Planning and Resiliency under Growth Management. Thank you, Commissioners, for having me. Thank you, Commissioner Schmitt, for that question. You are exactly on point. In blue skies or normal operations, but specifically in 5.A.a Packet Pg. 9 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 5 of 67 disasters or gray skies, we run into situations where, with the Land Development Code and our flood ordinances, which Chapter 62, sometimes if you have duplicative language it can cause some confusion, specifically with the state and feds. So you're right on point. We're moving duplicative language out of the LDCA, moving it strictly to Chapter 62, Code of Laws and Ordinances, our flood ordinance, and -- so, yeah, that's pretty much it. CHAIRMAN FRYER: To follow my question, will -- is there going to be a required amendment now to Chapter 62 that goes to the Board of County Commissioners. MR. LANG: There will be. We have some -- with our consultant with Florida Division of Emergency Management, Rebecca Quinn, we have some items that we're going to be -- that we identified within the work here that we'll be either adding or removing as well from Chapter 62. So that will eventually go to the Board of County Commissioners. COMMISSIONER SCHMITT: But this was strictly driven by the state just to clean up the language in the LDC. I'm just curious as -- did the state do this statewide to look at all LDC language and specifically to Collier County saying you need to amend this? MR. LANG: I can't speak to that specifically. I would say, in general, yes, and we were one of the later ones. So to put things into context, this has been -- we've been putting this off for about two years with the state and feds. So, in generality, yes, they have been working with multiple jurisdictions within the state of Florida, and they've been very patient with us, so that's why we're here today. COMMISSIONER SCHMITT: No. I just will let the rest of the folks know between William and Chris, who's sitting back there -- of course, this goes back to when Jamie French was, in fact, running some of this program. Collier County's been probably one of the leaders in regards to floodplain management and the insurance programs to reduce the cost of insurance in Collier County through the amendment of the various LDCs. So, you know, I don't see anything wrong with this. It appears to be directive in nature from the standpoint the state mandated it, and it's -- and the language is being migrated over to Chapter 62, and that will eventually go to the Board of County Commissioners. MR. LANG: That's correct, Commissioner. COMMISSIONER SCHMITT: Okay. MR. LANG: Appreciate it. CHAIRMAN FRYER: Thank you. And that's a good segue for my comment, so thank you. But before I make my comment, I want the record to show that Commissioner Klucik arrived at 9:08 a.m., a little late due to weather and traffic. So welcome, Commissioner Klucik. COMMISSIONER KLUCIK: Thank you. CHAIRMAN FRYER: Now, for my comment, and then after that I'll come to you, Commissioner Schumacher, if you don't mind. COMMISSIONER SCHUMACHER: Yes. CHAIRMAN FRYER: I am wanting to look at Section 3.02.09, which is the regulations for mobile homes and recreational vehicles. And there's a Section B -- a new Section B in there that contains some blue underlined language, and it's a bit of a 5.A.a Packet Pg. 10 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 6 of 67 non-sequitur because, as the Vice Chairman pointed out and staff confirmed, the purpose of this exercise is to move all flood-related matters out of the LDC and into Chapter 62 of the ordinances generally, and yet there's a phrase that says that existing mobile homes shall not be required to comply with the requirements of Chapter 62, which kind of defeats the whole purpose. We want 62 to be not only the senior document but free standing to have all the rules respecting flood. So it would seem to me that we want to take that out, that blue language, and put it into Chapter 62. Your comments, please. MR. LANG: Thank you for that comment, Chair. To your point, this particular provision, the new B, if you want to refer to it, in 3.02.09 is dealing with, and if you look at it specifically, the 50 percent rule or substantial improvement/substantial damage, whichever way you're dealing with it, for streets, utilities, pads, basically anything not the structure of the mobile home itself. To that point, it was unique in the Land Development Code where it was not duplicative in 62 where 62 dealt with substantial improvements/substantial damage for the structure specifically. And so to that point, we actually went over this quite a bit. We're willing to either remove it or see if there's some way that we can incorporate it into 62. But to Mr. Johnson's point previously, we don't want to do anything staff initiated. So any direction from the Commission, or the committee, we'll take that into consideration. CHAIRMAN FRYER: Well, my comment, of course, is directed toward achieving the executive -- achieving the objective that you set out for yourselves, which is basically to move everything pertaining to flooding into Chapter 62 and out of the LDC so that there's no question about which document or which part of the ordinances governs. And so here we're creating an exception to Chapter 62 by language in 3.02.09, which I think is at war with our objectives. I'm going to ask Mr. Bosi if he would comment on that. What's your view? COMMISSIONER SCHMITT: Just one more clarification, and I'll follow up on yours. CHAIRMAN FRYER: Go ahead. COMMISSIONER SCHMITT: But isn't the 50 percent rule part of the Building Code as well? MR. LANG: It is. It is. Again, it's just this one is specific to -- and it was before our time. I'm not sure which floodplain administrator. We've been in the program since 1979. But this was -- it goes a little further, and it deals with the entirety, for example, of a manufactured home park, mobile park, however you want to refer to it. But to answer your question, Commissioner Schmitt, yes, the SISD 50 percent provisions are covered in not only Chapter 62 but in the Florida Building Code. They were incorporated in 2017, so yes. CHAIRMAN FRYER: Mr. Bosi. MR. BOSI: And specifically your question was would -- would the staff recognize -- CHAIRMAN FRYER: I don't know if your mic's on; is it? MR. BOSI: I'm sorry. Could you -- what is the specificity of your question? CHAIRMAN FRYER: I want to know what staff's position is. I understand that you've established a self-imposed restriction that staff was not going to initiate changes, 5.A.a Packet Pg. 11 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 7 of 67 but we're not staff. MR. BOSI: No. And as I think we spoke early, that if the Planning Commission recommended to the Board of County Commissioners that the 3.02.09 be -- as proposed, be moved to Chapter 62 as well with the other changes being proposed, I think that would be more than appropriate. One of the bodies that initiates LDC changes is the Planning Commission. You guys are the -- are the local LPA. So any amendments to the LDC is something that is underneath your purview. So that recommendation most certainly is appropriate. CHAIRMAN FRYER: Okay. So is my idea a good idea or a bad idea? MR. BOSI: I would say it would be a good idea -- CHAIRMAN FRYER: Okay. MR. BOSI: -- because it -- as you said, the objective is to get everything in one place. MR. LANG: I concur. CHAIRMAN FRYER: Okay. Thank you. Commissioner Schumacher, and then Vice Chairman. COMMISSIONER SCHUMACHER: Thank you. Thank you, Mr. Lang. How does the Florida Building Code recognize a letter of map amendment? The reason I ask that is because we do have so many areas that when FEMA does these flood maps, you pick communities that they say are underwater, basically, and then they have a letter of map amendment done. So in those instances of a disaster where it comes through and that property is over that 50 percent but their height is actually above the floodplain, how does that play into this? MR. LANG: It's a good question. Thank you for the question. It's no different than the generality of the National Flood Insurance Program on how they look at that. They manage that through a division of FEMA called the Letter of Map Change Clearinghouse. But to your point, if they come in -- if an applicant comes in for a renovation, for example, and they have to go through the 50 percent rule and they maybe have to provide calculations, we always encourage that they provide an elevation certificate generally completed by a land surveyor. And a lot of times we will let them know that if they are eligible -- if it's a problem, that they have the opportunity, potentially, to pursue a letter of map change, and that does do a couple of things. It removes them from the special flood hazard area, which is a zone that starts with A or V. It puts them in what's called an X or X500 zone, which is low to moderate risk and generally does not require a flood -- or the mandatory purchase of flood insurance through an FDIC mortgage lender. So a lot of times it can remove that structure, and a lot of times, specifically right now for residential, for example, the requirement is base flood elevation plus one for the finished floor. So what it actually can do is remove a structure, and then those provisions don't necessarily apply because it's not technically in the special flood hazard area. Does that answer your question, Commissioner? COMMISSIONER SCHUMACHER: Yes. Yes, it does. Thank you, Mr. Lang. CHAIRMAN FRYER: Thank you. Vice Chair Schmitt. COMMISSIONER SCHMITT: Yeah. As far as the recommendation to remove 5.A.a Packet Pg. 12 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 8 of 67 that language, again, I don't see any problem leaving it in, but if it is deemed to sort of negate the intent -- I just want to make sure that somehow we don't cover up the fact that the mobile homes still have to meet this requirement, and if it's clearly defined in Chapter 62, then the -- well, the language could be removed. MR. LANG: You're exactly correct in your assumption. The provisions to the structure are still in Chapter 62 and the Florida Building Code. COMMISSIONER SCHMITT: Okay. MR. LANG: Thank you. Any other questions? CHAIRMAN FRYER: Okay. Good. No one else is -- oh, Mr. Perry? MR. PERRY: As a point of clarity, because the blue language is the added, or the entire Section B, including the existing language, would be moved to the Code of Ordinances? CHAIRMAN FRYER: I think as much as is logically appropriate, and I would defer to staff to determine -- the point has to do with creating an exception to 62 in the Land Development Code. I just want to get away from that. MR. PERRY: That's, I think, the -- CHAIRMAN FRYER: How you accomplish it is -- doesn't matter to me. Commissioner Vernon. COMMISSIONER VERNON: Yeah. I thought we were just talking about removing the last sentence that starts, "if the repair or reconstruction," because I assume you would leave the first sentence in that says "complies with Chapter 62." COMMISSIONER SCHMITT: Yeah, I would -- COMMISSIONER VERNON: And Chapter 62 covers that second sentence, so you really don't need that second sentence. In fact, you're defeating the purpose of -- you don't want -- you want them to work well together, so you don't need to say the same thing twice. That was my understanding. CHAIRMAN FRYER: And that, I think, is exactly right. The part that Commissioner Vernon mentioned that should stay in should stay in. MR. LANG: Agreed. CHAIRMAN FRYER: Okay. Anyone else want to be heard? COMMISSIONER SCHMITT: So the recommendation would be the -- just eliminate starting with "if" all the way through "damaged," that -- CHAIRMAN FRYER: Yes. COMMISSIONER SCHMITT: -- entire sentence? Fine. MR. LANG: Thank you, Commissioner. We'll take that into consideration -- COMMISSIONER SCHMITT: That would be the recommendation. MR. LANG: -- and work with the language. CHAIRMAN FRYER: Yes. Yeah. I think that's where we are up here. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Okay. And that's all I had on these. And no one else is signaling at this time. Mr. Bosi, did you want to say anything? MR. BOSI: (Shakes head.) CHAIRMAN FRYER: All right. Mr. Perry, anything further? MR. PERRY: That's exactly what we needed, yep. CHAIRMAN FRYER: Okay. Thank you. 5.A.a Packet Pg. 13 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 9 of 67 Commissioner -- Vice Chairman Schmitt. COMMISSIONER SCHMITT: Well, I'd make a motion to approve as just amended on that Section B -- Paragraph B, and I'd make a motion to recommend approval. CHAIRMAN FRYER: Thank you. Is there a second? COMMISSIONER VERNON: Vernon seconds. CHAIRMAN FRYER: Any further discussion? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: Aye. CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, staff. MR. LANG: Thank you very much. CHAIRMAN FRYER: Thank you, Planning Commission. MR. JOHNSON: Thank you, gentlemen. COMMISSIONER SCHMITT: Mr. Johnson, thank you. CHAIRMAN FRYER: Yes, indeed. We will move smartly along. ***Okay. The second and last matter for hearing today are companions, PL20220003804, which is the JLM Living East Residential Overlay Small-Scale Growth Management Plan, and PL20220003805, the JLM Living East Residential PUDZ. 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. Ex parte disclosures, starting with Commissioner Klucik. COMMISSIONER KLUCIK: I just spoke -- I have the staff materials, and I spoke with a nearby resident, Mark McLean. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: No disclosures. COMMISSIONER SHEA: Staff materials only. CHAIRMAN FRYER: Matters of public record, meeting with staff, communication with the applicant's representative. COMMISSIONER SCHMITT: All I had was -- other than the information provided by staff, a communication with Mr. Yovanovich in regards to the petition. CHAIRMAN FRYER: Thank you. And, Mr. Yovanovich, before I ask you to proceed, I'm just going to make quick 5.A.a Packet Pg. 14 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 10 of 67 reference to this document that has been produced by staff and the County Attorney in response to a request of mine, and I think that some other people wanted to see as well. We're -- when the time comes, and the time is not ripe now. But when the time comes, possibly when we have the staff report, we may take a break to -- so that we can study it and be sure we know what it is we're looking at. And with that, I'll turn it over to you, Mr. Yovanovich. COMMISSIONER SCHMITT: The rest of the disclosures. COMMISSIONER SPARRAZZA: Us too. CHAIRMAN FRYER: Oh, sorry. COMMISSIONER SPARRAZZA: That's all right. Thank you, Mr. Chairman. Staff materials and a very brief conversation with Mr. Yovanovich. COMMISSIONER SCHUMACHER: Staff materials, emails with staff, communication with neighboring residents, and a conversation with Yovanovich. CHAIRMAN FRYER: Thank you. Sorry for short-shrifting you down there. COMMISSIONER SCHUMACHER: That's all right. It happens at home all the time. CHAIRMAN FRYER: Go ahead, Mr. Yovanovich. MR. YOVANOVICH: Good morning. For the record, Rich Yovanovich, on behalf of the applicant. And Happy New Year to everybody. With me today, the applicant, JLM Living, LLC; Dan Deichert is the chief executive officer and is the representative of the entity; myself; Wayne Arnold is our professional planner; Mike Delate is our civil engineering; Jim Banks is our traffic engineer; and Marco Espinar is our environmental consultant. As we typically do, I'll do a brief overview of the petition and the request, and then I'll have Mr. Arnold -- actually, I'll have Mr. Deichert introduce the company and explain a little further what the project's going to be, and then have Mr. Arnold go through the master plan and the changes that were made to the master plan as a result of the neighborhood information meeting to hopefully address some of the concerns that were brought up at that time. The property is 37.2 acres. It's on Immokalee Road. Richard Street is to our right, and over here to the left, which would be west, is Woodcrest and Massey -- and Woodcrest connects to Massey and ultimately connects all the way down to Vanderbilt Beach Road. So I know traffic has always been a concern on Immokalee Road and specifically the intersection at Collier Boulevard and Immokalee Road. So there are opportunities to bypass that intersection by using Woodcrest/Massey either all the way down to Vanderbilt Beach Road or down to Tree Farm Road and then back over to Collier Boulevard if you want to do that. And that parallel road came to fruition many, many years ago in recognition that we needed a parallel road to Collier Boulevard. And there was a consortium of property owners that worked to put that road in place. COMMISSIONER KLUCIK: Which road? MR. YOVANOVICH: Woodcrest/Massey all the down to Vanderbilt Beach Road. COMMISSIONER KLUCIK: Can you put that slide back up and point to it. MR. YOVANOVICH: Oh, I'm sorry. Right here, Commissioner Klucik, 5.A.a Packet Pg. 15 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 11 of 67 Woodcrest/Massey. COMMISSIONER KLUCIK: Is that the one that goes all the way down to Vanderbilt? MR. YOVANOVICH: It does. COMMISSIONER KLUCIK: Okay. And with the little circle halfway -- MR. YOVANOVICH: And that will take you -- that's -- Tree Farm is where the circle is. COMMISSIONER KLUCIK: That's the shortcut to mass at Saint Agnes for me. MR. YOVANOVICH: Okay. So you know you can avoid that whole intersection. COMMISSIONER KLUCIK: Yep, yep. MR. YOVANOVICH: So you have two petitions before you. We have an amendment to the Growth Management Plan, and we have a proposed rezone of the property. The property under the FLUE is currently within the Rural Fringe Mixed-Use District, and the Board recently amended the Growth Management Plan to allow for increases in density related to affordable housing projects in the Rural Fringe Mixed-Use District. And we're proposing an overlay called the JLM Livingston East -- Living -- JLM Living East Residential Overlay to address an amendment to the Growth Management Plan because the current Growth Management Plan sends you to 2.06 in the Land Development Code, which is the matrix, that exists. And under the matrix, the density bonus related to the 80-percent-and-below units, the 15 percent of those is covered by the matrix and would allow for an increase in density through that, but the 100-percent-and-below category currently would be required to be owner occupied in order to get a density bonus under the matrix. So what our amendment does is allow for those additional units per acre to qualify as a density bonus because they're going to be rental -- a rental project. And then the rezone is to go ahead and implement the residential PUD. One of the other provisions in the Growth Management Plan amendment is to address the open space. Currently, there is a reduction in open space for affordable housing projects within the Rural Fringe Mixed-Use District; however, it also referencing the Section 2.06 in the Land Development Code, so we have to reconcile that, and that's why we've included also a revision to the open space. The project is a 305-unit multifamily residential dwelling project which has 30 percent of the units income restricted. Fifteen percent of those units would be 80 percent and below the AMI, and 15 percent of the units would be at 100 percent and below the AMI. It's a unique type of multifamily community because it's a horizontal multifamily community where you have some buildings that just look like it's just a little smaller home, and then you have some other buildings that they're attached. But there's no -- nobody's living above each other. So it's -- it looks very similar to a -- either a single-family or a single-family and kind of a duplex type of community, which is -- which is unique to the multifamily market in Collier County. There are some projects that have a similar concept, but I don't think any of them are out of the ground yet at this point. Wayne will address the changes we made as the -- as part of the master plan, and he'll show you exactly where this is on the master plan. But the -- when we met with the 5.A.a Packet Pg. 16 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 12 of 67 project to our west, La Morada, there are some homes that were in pretty close proximity to some of the units within this project. They had a concern about having two-story homes in that area, so we have restricted -- and we'll show you on the master plan where we are limiting ourselves to just one story to address those homes because they were in pretty close proximity to the homes in La Morada. I've already kind of summarized all of the text changes as a result of the proposed overlay. I know that at some point, Mr. Fryer and staff, you'll want to talk about some essential services language. I don't know if you want to do that now or if you want to wait till when we complete our presentation. But at this point I'm going to introduce Dan to you to let him talk about the proposed project and JLM in particular and then, with that, I'll have Mr. Arnold come up. CHAIRMAN FRYER: Thank you. Before you step down, just to be sure that I caught all the significant changes and the other members of the Planning Commission, I want to outline what I think is different from what we saw the first time we were exposed to this, and then tell me if I'm not stating it correctly or if I've forgotten something. First of all, you're going from 350 to 305 dwelling units. MR. YOVANOVICH: Correct. CHAIRMAN FRYER: You are going from 25 percent of 350 for affordable, which would have been 88 units, to 30 percent of 305, which is 92 units, correct? MR. YOVANOVICH: Correct. CHAIRMAN FRYER: Okay. The open space goes down from 60 percent to 50 percent, but that's provided for as a result of affordable housing, correct? MR. YOVANOVICH: Correct. CHAIRMAN FRYER: And the dwelling units per acre goes from 9.4 to 8.2, correct? MR. YOVANOVICH: Correct. CHAIRMAN FRYER: And there's going to be a CAT stop easement provided to the county at no charge. MR. YOVANOVICH: Correct. CHAIRMAN FRYER: Okay. Have I omitted any material changes? MR. YOVANOVICH: No, sir. COMMISSIONER KLUCIK: What was the last -- the last one was a bus stop? CHAIRMAN FRYER: Yeah, Collier Area Transport. MR. YOVANOVICH: That's going to be a little later in the presentation to explain where that commitment came from. CHAIRMAN FRYER: Yeah. I just wanted to -- MR. YOVANOVICH: That's fine. CHAIRMAN FRYER: As we continue with your presentation, I wanted to be sure that I have captured all -- MR. YOVANOVICH: You've caught them all, and hopefully Mr. Arnold will -- CHAIRMAN FRYER: Okay. Thank you. MR. YOVANOVICH: Dan, are you ready? MR. DEICHERT: Yes. Thanks, Rich. MR. YOVANOVICH: You're welcome. MR. DEICHERT: Thanks, Mr. Chairman, Commissioners. I'm also a little under the weather, so I'll be brief. My name's Dan Deichert. I'm from Dallas, Texas, the CEO 5.A.a Packet Pg. 17 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 13 of 67 of JLM Living. We -- JLM is an Austin-based company that was started in 1992. We invest in operating companies and develop real estate nationwide. We started JLM Living in 2021 to develop this specific product because we recognized there's a gap in affordability of housing. There's also a large number of folks who, you know, don't want to live in an apartment anymore but can't afford a house, and this provides kind of a bridge between those two products. Presently, we are developing projects in Albuquerque, New Mexico; Daytona Beach; Savannah, Georgia; and San Antonio. We are not merchant builders. We build these projects to hold them. We want to own them. Our goal is to develop upwards of 10,000 units nationwide. The product is very high end. These units will cost north of $300,000 apiece to build. We will provide resort-style amenities in the project: Pool, fitness center, walking trails, et cetera, et cetera. The principals of JLM, myself included, have more experience in the real estate business than we like to admit. I've been doing this since 1981. My partner, Larry Meyer, has been in this business since the late '70s. So, you know, we're thoughtful developers. We hope that we've addressed the concerns of the adjacent neighborhood. If we haven't, we -- you know, we'd like to hear more concerns if they have them. With that, I'll turn it back to Rich or Wayne -- Wayne Arnold. Thank you. CHAIRMAN FRYER: Thank you. MR. ARNOLD: Good morning. Wayne Arnold, certified planner with Grady Minor & Associates. And I'll pick up where Rich left off. A lot of these slides Rich has already discussed in some form. This is just a simple exhibit showing you the property and the Future Land Use Map change that will occur if you approve the project. Our proposed master plan has taken on a few changes since we originally started. Obviously, we have reduced the unit count, but when we first initiated our neighborhood information meeting with the neighbors, we heard from residents of Ventana Pointe to our east that they didn't like the proximity of our units to some of their homes and wanted us to -- one of the suggestions was to extend our preservation area along our entire eastern perimeter. So on this master plan, you can see that the entire eastern boundary now has a preserve area, wider at the top, which reflects a wetland jurisdictional line, and then it extends all the Way South down to Sundance road to our southern perimeter. And at its narrowest point, that's just a little over 50 feet wide for our preservation area. It exceeds your preservation standards and presents a nice separation between us and some of the homes at Ventana Pointe. COMMISSIONER SHEA: What's the extension on the bottom that's not on our map in our package? You have an arrow on our screen. There's something blocking the words. It points -- it's not in the package. It's something additional. MR. ARNOLD: Okay. One of the things that staff had asked for -- as we had gone through the process, we show a potential interconnection up here to the adjacent charter school right here, and we've been working with them. Mr. Deichert and Rich attended school board meetings with the school district and are trying to negotiate an interconnection there that would require some necessary changes to traffic circulation. 5.A.a Packet Pg. 18 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 14 of 67 But in lieu of that, we've added a note down here that's an emergency access that would get us to Sundance. It's not a public road and not intended to be improved, but it would be an emergency-access only for the project. And I'll just continue to work from the aerial here just to orient you to what we're doing. So Immokalee Road -- and our primary entrance will be on Immokalee Road. The amenity center and leasing office, et cetera, is part of the AA designation, amenity area, and then you see the R tracts, which are where all the residential structures would be located. And then as Rich mentioned, this area that's crosshatched -- and that's something new to staff, and I don't think they have an objection because they heard some of the discussion between us and the neighbors at La Morada. They asked for the tier of homes that were adjacent here in La Morada to have a single-family-only allowance for these homesites. So we have committed to them and on the master plan with adding a condition to the PUD document that only single-story structures could be built in that crosshatched area because we don't have preservation area separating us from those homes. But they do have a wide setback and part of their common element open space over there. So we end up achieving 120-plus-foot separation from single-family to single-family, if you will, even though these structures -- and let me just go back and say that, that we've presented these as multifamily because it's not really a single-family by definition. They're not really duplexes by definition because they're not built on individual lots. These are rental units, and they're single owned. So we've kind of crafted a definition that defines these as multifamily that could consist of detached and attached dwelling units, and I'll show you some images of those in a moment. So the master plan features, obviously, talked about the preservation area. We have our lake system. If you have any questions on drainage, Mike Delate's here. He's been working with the Water Management District and Marco Espinar to define the wetland jurisdictional line, which we have done, had meetings in the field with Water Management District. So we feel very confident about the water management aspect and the environmental aspect of the project design. And I think from staff's perspective, you can see our northeast reserve abuts Ventana Pointe's northwestern preserve. So that contiguity of preserve area is something that's encouraged by your Comp Plan and the Land Development Code, and we've achieved that. Here highlighting changes from the neighborhood information meeting. Again, to the east we extended our preservation area along -- CHAIRMAN FRYER: Mr. Arnold, just a moment, please, sir. We have a question. Commissioner. COMMISSIONER SHEA: Another quick question. On the proposed potential interconnection for vehicular and pedestrian -- MR. ARNOLD: Yes. COMMISSIONER SHEA: -- if they make that -- what's the egress onto Immokalee from that adjacent property? Is there a light there? MR. ARNOLD: There is. COMMISSIONER SHEA: Is it the same right-hand turn or -- MR. ARNOLD: It's a signalized intersection today -- 5.A.a Packet Pg. 19 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 15 of 67 COMMISSIONER SHEA: Okay. MR. ARNOLD: -- which would be an advantage, we think, obviously, for our residents and probably -- and that's something that the school's concerned about just because their traffic flow is heavy. We've talked to them about how we could restrict it to egress only, so only accessing that for our exiting movements, and that would be of benefit. I don't think they've said no. I don't think they're very encouraged at the moment, but -- I'll let Rich -- Rich was in attendance at the meeting. I'll let Rich tell you exactly what they said. MR. YOVANOVICH: Yeah. I don't want -- I don't want -- at this point, I don't want the Planning Commission to either impose that as a requirement or get the impression that that's a done deal. We have been -- we've had correspondence back and forth and discussions back and forth. Right now, candidly, I think the school is leaning towards no because of their concerns about traffic interfering with the operation of the school both during normal school hours and after-hour events. So I just want to make sure, you know, the Planning Commission understands that. We're still talking to them hoping that we can address those concerns. But right now I'd have to say, if I'm a betting man, we're probably not going to get that access, but we wanted to leave it on the master plan in case things changed. CHAIRMAN FRYER: Understood. Thank you. MR. ARNOLD: So I discussed the change on the eastern boundary to extend the preserve, and then on the western boundary this reflects the change that we committed to the La Morada folks to have a single-story-only commitment for the structure types in that area. So those were the two major changes we made from the neighborhood meeting. Then, as you mentioned, Mr. Fryer, that as we have discussed this with staff, we increased the affordable component, and we decreased the number of overall units in the project and brought us and staff together, and thankfully we're all together, and they're recommending approval of the project. Our permitted uses, pretty straightforward with regard to the rental project. We have these detached and attached structures. No -- as Rich mentioned, no dwelling units located above another, which is the unique style of living that JLM Living is trying to accomplish. These types of projects, you haven't seen them come out of the ground largely yet in Southwest Florida. Several have moved through. You-all approved a change a couple of years ago at Ave Maria that allowed something called a cottage court, which is a similar style of detached rental. We just got one approved in Lee County, a similar project. These are growing throughout Arizona, Texas, and now in Florida as sort of an alternative to homeownership and/or alternative to the vertical stacked. CHAIRMAN FRYER: I'm going to remind everyone to please put your phone on mute. MR. ARNOLD: So one of the things that Rich mentioned, the CAT stop, which I didn't highlight -- let me go back and point that out on the master plan. The CAT bus commitment that we're making is located just west of our entrance on Immokalee Road, and that grew out of a request to vacate what is essentially a driveway connection for the existing homes that are on that property. Mr. Deichert and their group are under contract 5.A.a Packet Pg. 20 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 16 of 67 to purchase those. We have an easement vacation application that's pending with the county. And as part of the public benefit, since -- I mean, it's a 10-foot-wide easement. It's hardly something that the public is going to accept or use, but it was dedicated to the public but probably not accepted by the public. They've asked us for some public commitment, so we -- they asked for and we committed to provide an easement for a CAT bus stop in the future should they need it. Just some conceptual renderings. This gives you the one-story rendering. It doesn't show up as well on this image but, I mean, you get the concept that these are small detached homes. CHAIRMAN FRYER: Is that second-floor window, is that decorative only? MR. ARNOLD: It is. It's just a dormer window. There's no living space there. CHAIRMAN FRYER: Okay. MR. ARNOLD: This is an example of the two-story, and you can see that there's a full second living level on some of those units. And some of these units will have garages, some will not. There's on-street parking that would be offered in parts of the community. So you start to see a streetscape that's a little different than we see in many of our rental communities because there's going to be some parallel parking along the streetscape, and then there will be also garage parking for some of those units that opt for the garage package. And then, as Mr. Deichert mentioned, we have a full array of amenities on site, the resort pool and -- et cetera. This will be a gated, you know, luxury apartment community, and we will have with that 30 percent of our units that will meet the affordable standards that we've included in our Comprehensive Plan language. Street images here. You get the idea that these, you know, I'll call them cottages, get constructed along a typical residential streetscape, although, they're not platted streets. They're essentially driveways. And that's it, so -- COMMISSIONER KLUCIK: Mr. Chairman? CHAIRMAN FRYER: Commissioner Klucik. COMMISSIONER KLUCIK: Can you go back? Yeah. So does that mean there's street parking based on the picture, or is that a car that's driving through? MR. ARNOLD: That's driving. Some portions of the site will have on-street parking and not all because some of these areas are going to have garage homes, which won't have a parallel space in front of them and others will. COMMISSIONER KLUCIK: Will the garage homes -- okay. So will the driveways actually be long enough to park a car? MR. YOVANOVICH: Yes. MR. ARNOLD: Yes, they will be. COMMISSIONER KLUCIK: Okay. Without blocking the sidewalk? MR. ARNOLD: Correct. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: Thank you. MR. ARNOLD: Thank you. CHAIRMAN FRYER: I have a traffic question. MR. ARNOLD: Okay. CHAIRMAN FRYER: Would now be an appropriate time to ask that? 5.A.a Packet Pg. 21 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 17 of 67 MR. ARNOLD: Sure. CHAIRMAN FRYER: Do you want to ask your traffic person to come up? MR. ARNOLD: Would you like to hear from our traffic person, Jim Banks, or staff? CHAIRMAN FRYER: Yeah, I'd like to hear from Mr. Banks. MR. ARNOLD: Okay, great. CHAIRMAN FRYER: I've just got a question. I don't think there will be an issue on it but, I mean, anybody from the applicant's team can speak to this. The number of dwelling units has been reduced from 350 to 305. I didn't see a similar reduction in the peak p.m. parking [sic]. And it seems to me, after consultation with Mr. Sawyer on staff, that that number should go from 314 peak p.m. to 274. Any objection to that? MR. BANKS: It's 295. It should be -- 295 would be the reduction. The trip cap would be 295. CHAIRMAN FRYER: All right. Well, staff has a different number. MR. BANKS: Yeah. So let me just explain what the difference was. As Mr. Arnold described to you, the -- well, first I want to start off, for the record, Jim Banks here on behalf of the applicant, and Happy New Year to the Board. As Mr. Arnold explained, the type of units that they're proposing are basically multifamily-type units, but some of the units, maybe even a substantial amount of the units, might even be stand-alone. So when we go through the SDP process, I don't have to get into a situation where I'm explaining to staff -- because I ran those units as single-family units based upon the way the traffic engineers look at things, is because it's a single stand-alone unit. We don't treat it as a multifamily, even though that's the way it's going to function. So when we go through the SDP process and I have a stand-alone unit, the SD -- or the development service engineers are going to expect me to run the traffic based upon a single-family unit, which overstates the amount of traffic that's going to be generated, but that's what they're going to expect. So when Mr. Sawyer was looking at it, he was running it as all -- if it's all multifamily, and I never presented it as all multifamily. I always ran the traffic numbers based upon the way a single-family unit would generate simply because I knew that my next step, when I go to SDP time, they're going to ask that it be analyzed as if it's a single-family unit. So that's why we have a difference in our calculations. I'm at 295 trips. I provided that information to Mr. Sawyer before this hearing, and he agrees with that, so -- that that would be the trip cap. CHAIRMAN FRYER: All right. Okay. I'm going to, if you don't mind, ask Mr. Sawyer to come up here real quickly and just confirm that the number is 291, and then we can move on. COMMISSIONER SHEA: 295. CHAIRMAN FRYER: 295, I mean. MR. SAWYER: Good morning, Mike Sawyer, Transportation Planning. Yes, when I looked at the original calculation, it was based on just units, and I had neglected to look at the difference between parts of them being single-family, some of them being multifamily. 5.A.a Packet Pg. 22 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 18 of 67 CHAIRMAN FRYER: Okay. Fair enough. MR. SAWYER: Okay. CHAIRMAN FRYER: So, basically, you're in agreement with what Mr. Banks said based upon the way this divides out between single and multi? MR. SAWYER: Correct. CHAIRMAN FRYER: Thank you. Thank you. Thank you so much. MR. SAWYER: Okay. CHAIRMAN FRYER: Okay. So that takes that issue off the table. In other words, I assume the 295, Mr. Yovanovich, is going to be agreeable with the applicant? MR. YOVANOVICH: Yes, and I -- just for your convenience, I put the calculation up on the visualizer just to show you how Mr. Banks did it. But, yes, we'll make that modification to 295. CHAIRMAN FRYER: Okay. Thank you very much. Then, further presentation, Mr. Yovanovich? MR. YOVANOVICH: No, Mr. Chairman. We're available to answer any specific questions you may have. CHAIRMAN FRYER: All right. No one is signaling at this time. Does anyone have any questions for the applicant? COMMISSIONER SHEA: No. For staff; mine are for staff. CHAIRMAN FRYER: Okay. Commissioner Schumacher. COMMISSIONER SCHUMACHER: I have questions for staff on the traffic. CHAIRMAN FRYER: Well, let's wait until staff has its presentation and then, of course, the applicant can come back afterward if it desires, if you don't mind. COMMISSIONER SCHUMACHER: Yes, sir. CHAIRMAN FRYER: All right. Commissioner Vernon. COMMISSIONER VERNON: Going back to -- can you go back to Slide No. 3. There you go. One more. So you said there's a back way to go so you don't have to do the Collier Boulevard/Immokalee intersection. MR. YOVANOVICH: Yeah. There actually -- and I can have Mr. Banks come back up here if you want to talk about all of the back ways to go along Immokalee Road. But right here -- right here is -- I believe it's a lighted intersection for Woodcrest/Massey. COMMISSIONER VERNON: You still have to go to Immokalee Road. MR. YOVANOVICH: Yes, but you can avoid -- what I was -- COMMISSIONER VERNON: Right, go past Collier Boulevard. MR. YOVANOVICH: You don't have to go to Collier Boulevard to get into -- COMMISSIONER VERNON: But you have to get on Immokalee Road? MR. YOVANOVICH: Yes. The access is on Immokalee Road. COMMISSIONER VERNON: Okay. And then go to Slide 14 and 15. And at most these will be what I would call duplexes, right? MR. YOVANOVICH: Right. MR. DEICHERT: Ten percent duplexes. MR. YOVANOVICH: What he was saying is you won't have more than a duplex. COMMISSIONER VERNON: That is -- he's correct. MR. YOVANOVICH: It will either be detached or a duplex. MR. DEICHERT: Only 10 percent. COMMISSIONER VERNON: I understand what -- 5.A.a Packet Pg. 23 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 19 of 67 MR. YOVANOVICH: Well, let me put that on the record. He said at the most 10 percent will be the duplex type. COMMISSIONER VERNON: Right. And then were one of these the -- what I would call the duplex? COMMISSIONER SHEA: No. MR. YOVANOVICH: I don't think we have an example of the duplex. COMMISSIONER VERNON: Do you have any renderings of what the duplex will look like? MR. YOVANOVICH: I don't have an example of that. Just imagine two of them right next to each other. CHAIRMAN FRYER: Two of the two stories? MR. YOVANOVICH: Or one stories. It could be either option, yes. COMMISSIONER VERNON: It will be one structure? MR. YOVANOVICH: It will be one structure with two units. COMMISSIONER VERNON: Okay. CHAIRMAN FRYER: Okay. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Regarding your discourse -- or the petitioner's discourse with the school, the charter school, I'm assuming, right there -- MR. YOVANOVICH: Yes, sir. COMMISSIONER KLUCIK: -- it's -- I'm just trying to understand the exact nature of the discussions and the exact nature of their response. MR. YOVANOVICH: Let me go back just a -- the discussion was we had discussed with them the possibility of interconnection to the project where you can see on the -- right here -- interconnecting the project to their entry road which would allow us to get to the traffic signal for people who wanted to go west. Because that's their entrance road to their school, they had concerns about how would that traffic interface with each other. We had proposed making additional improvements to their entry road to hopefully address their concerns. We had discussed limiting it to egress only so they didn't have to worry about people coming home and, you know, interfering with the operations of their road. We've presented all of that to their board. As of right now, the word I got back is they still have concerns about having those -- that interaction between our trips and the operation of the school. COMMISSIONER KLUCIK: Yeah. I mean, I'm just, like, thinking, like, if -- if you were a decision-maker and you were concerned about the convenience and the operation of your institution, that seems like it's just such an obvious no. So, you know, I mean, it just seems unreasonable to think that they would allow you to participate in that -- you know, that avenue just because it would really tie it up. So I guess I'm just thinking that that seems unreasonable, and it seems like something we should just kind of take off on the table because it's -- MR. YOVANOVICH: I'd like to just leave the interconnection. They may continue to say no. It wasn't as obvious a no. COMMISSIONER KLUCIK: No, I think the interconnection for emergency purposes makes sense, but not for common use every day. MR. YOVANOVICH: Well, we still have to get their permission. If they change 5.A.a Packet Pg. 24 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 20 of 67 their mind that we are able to ingress their operations, I don't want to have to come back amend the master plan. COMMISSIONER KLUCIK: Yeah, I don't want our decision to be assuming -- MR. YOVANOVICH: Right. COMMISSIONER KLUCIK: I think that in all -- the likelihood is that's not really -- MR. YOVANOVICH: Right. COMMISSIONER KLUCIK: -- a reasonable outcome that there would be a full access to use that as an egress and ingress or even just egress. Maybe you could get it, like, hey, at certain hours of the day, you know, after 7 o'clock at night, fine. Something like that, maybe. MR. YOVANOVICH: Right. COMMISSIONER KLUCIK: But I just don't think our decisions and our contemplation -- you know, I don't think it's reasonable that we should rest it on that being a full-fledged entry and egress point. MR. YOVANOVICH: And I appreciate that, and that's why I got up when I got up and said, hey, please don't -- COMMISSIONER KLUCIK: No. And you've been very candid, and I appreciate that. You let us know that it was an unresolved issue and that they definitely have not said yes, and they are likely to not say yes. CHAIRMAN FRYER: A little bit more of the back story here. I'm sure you know this, Commissioner Klucik, but it's a policy of the county to encourage interconnectivity. So the applicant was attempting to endeavor to accomplish that. It may or may not work because it takes two parties to make an agreement like that. COMMISSIONER KLUCIK: Right. No, no. And I certainly think, for emergency-based purposes, that makes sense. CHAIRMAN FRYER: Oh, completely different, yeah. Commissioner Vernon. COMMISSIONER VERNON: Yeah, just a curiosity question, and your client may have to answer this. But I'm just curious, on your other projects that are coming out of the ground, you mentioned, I think, three or four of them, are you finding that the local communities are wanting to give preference to essential services personnel? Has that been a request? You can answer, if you know. MR. YOVANOVICH: I don't know the answer, that's why I asked him to come up. MR. DEICHERT: Let me think. We've had to accommodate different governmental authorities in different manners. For example, in Savannah, we've -- we've -- we made a deal with the city to give them a fire station site, but we haven't had any request for the affordable component or essential service personnel. COMMISSIONER VERNON: No preference -- nobody else you've seen that says -- MR. DEICHERT: No. COMMISSIONER VERNON: Okay. Thank you. CHAIRMAN FRYER: No one else is signaling at this time. Anything further, Mr. Yovanovich? MR. YOVANOVICH: No, sir. 5.A.a Packet Pg. 25 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 21 of 67 CHAIRMAN FRYER: All right. Let's hear from staff. And I think -- I know a couple of people want to hear from Mr. Sawyer as well, but go ahead, Mr. Bosi. MR. BOSI: Mike Bosi, zoning director. In the effort to give the Planning Commission a little further exposure to my staff, I'm going to ask Parker Klopf to come up and do the brief presentation related to the Comprehensive Planning review of the petition, and then after Parker, Mr. Eric Ortman will finalize the zoning review for us. CHAIRMAN FRYER: Okay. And then we can expect Mr. Sawyer after that? MR. BOSI: And then after that's the heavy hitter, Mr. Sawyer. CHAIRMAN FRYER: Okay. Thank you. Go ahead, sir. MR. KLOPF: Good morning, Commissioners. Parker Klopf with the Planning and Zoning department here to represent the small-scale amendment for the JLM Living East. The submittal has been looked at as supportable by staff. They're providing affordable housing. That gets them the density that would be eligible under the Rural Fringe Mixed-Use District. As Rich had discussed, the open-space requirement as well as the owner-occupied requirement as listed in LDC 2.06 are going to be amended as part of this overlay, and staff supports it. Is there any questions that I can answer for you gentlemen? CHAIRMAN FRYER: Thank you. No one is signaling at this time, so I take it -- Commissioner Schumacher. COMMISSIONER SCHUMACHER: Thank you. Under the notes from the County Attorney official review, there is a request for a building separation to eight feet from the 10, which is designated by the county. MR. KLOPF: That was more of a fire code question, I believe, and I think that Eric is going to be addressing that. That wasn't going to be addressed in the FLUE change. COMMISSIONER SCHUMACHER: I'll wait for Eric. Thank you. MR. KLOPF: All right. Thank you, gentlemen. CHAIRMAN FRYER: Thank you so much. MR. ORTMAN: Good morning, Commissioners. For the record, Eric Ortman, principal planner in the zoning division. Mr. Chair, you highlighted the essential changes that took place between the first time this came before you and now. The applicant did increase affordable housing. Actually, the first submittal was at 22.6 percent. They increased it to 25 and then to 30. The density, they originally asked for 350, and that was reduced to 305 units. And though 2.06 is not directly applicable because of the requirement for homeownership, staff did use 2.06 to try and calculate the density. And with using 2.06, the 30 TDR credits that they have purchased and the permit -- units permitted by right from the underlying zoning, they would be allowed a maximum of 316 units, which is slightly more than they are requesting. And, Mr. Schumacher, you mentioned the 8-foot separation. Originally the applicant wanted a 5-foot separation, which staff would not sign off on, and we wanted to have a 10-foot separation. And as a condition of approval, staff is okay with the 8-foot 5.A.a Packet Pg. 26 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 22 of 67 separation provided at the time of SDP. The applicant can provide proof from the Florida Building Code or similar document that an 8-foot separation will provide sufficient separation in case of a fire. CHAIRMAN FRYER: And you need North Collier to sign off on it? MR. ORTMAN: The -- it would -- if they're the -- yeah, it would be North Collier Fire Department. CHAIRMAN FRYER: Okay. Thank you. MR. ORTMAN: And the last thing, the applicant has agreed for the easement for the bus stop. And the sum of these changes has allowed staff to change its recommendation from denial to approval. And I can answer any questions if you have them. CHAIRMAN FRYER: Okay. Vice Chairman Schmitt. COMMISSIONER SCHMITT: Well, first of all, in the staff report, thank you for laying out what they could have gotten and what they're asking for. I think that was very clear. And I'm going to ask the question about the building separation. The side-yard setbacks are five feet now or between -- side-yard setbacks that would be -- you said you were only eight feet between homes? MR. BOSI: Vice Chair, there are no -- there are no lots. COMMISSIONER SCHMITT: There are no lots. MR. BOSI: So there are no side yards. I mean, this is a multifamily development that's on a single parcel that's going to be arranged. And so what they're seeking is the 10-foot standard separation requirement to be reduced to eight feet. COMMISSIONER SCHMITT: Okay. Because the building -- I was going to say the building code says 10 feet. Whether you're a zero lot line, you're still -- it's still 10 feet separation of the building. They're asking for eight feet. MR. BOSI: Yes, correct. COMMISSIONER SCHMITT: And so is that a -- MR. BOSI: I don't believe that -- COMMISSIONER SCHMITT: -- deviation, or is that a fire code issue? MR. ORTMAN: If I may. COMMISSIONER SCHMITT: Yeah. MR. ORTMAN: I'm not familiar with the Florida Building Code extensively, but I don't believe that it requires a 10-foot separation. It depends upon the materials that are being used in the building, and that is what determines the necessary separation. The county has long maintained a 10-foot separation for reasons just for -- for multiple reasons. COMMISSIONER SCHMITT: Okay. Because my recollection was 10 feet, and it seemed to have been the standard. MR. ORTMAN: It is a standard in the county, or has been the standard in the county. COMMISSIONER SCHMITT: So as long as the appropriate and proper materials prevent migration of a fire between one building and the next. Also, there has -- there's -- typically where the openings are in the building. Like, if you have zero lot line in a building next to it, it depends on where the windows are, all those kind of things that have to be -- meet the requirements for the -- for the fire -- fire review. So the bottom line is this will meet the fire review criteria. 5.A.a Packet Pg. 27 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 23 of 67 MR. ORTMAN: Yes. COMMISSIONER SCHMITT: Okay. MR. ORTMAN: And as far as you're specific about where the openings are, et cetera, I cannot speak to that. COMMISSIONER SCHMITT: Very familiar with it, so okay. CHAIRMAN FRYER: North Collier hasn't weighed in yet, and it's my understanding that the county is basically deferring to its determination. COMMISSIONER SCHMITT: Well, wait a minute. North Collier -- the fire review is conducted now as part of county staff. They'll do the fire review. CHAIRMAN FRYER: I believe it's North Collier. Mr. Bosi? COMMISSIONER SCHMITT: Why North Collier? I mean, the fire review is now conducted, it has been for, what, 10, 12 years now, in the county. MR. BOSI: There is an embedded personnel from North Collier within our review process. COMMISSIONER SCHMITT: Okay. MR. BOSI: So, yeah, we do it, but it's performed by an individual who is actually employed by North Collier. COMMISSIONER SCHMITT: Okay. I thought they migrated over to the county staff. Okay. My -- either -- regardless, it will be officially reviewed in the Building Department for fire code compliance. MR. ORTMAN: Correct. CHAIRMAN FRYER: Is -- I'm sorry. Is -- should we engraft a condition of North Collier's approval, or is it already in this material? MR. BOSI: That's inherent with the SDP and the building permit process. CHAIRMAN FRYER: Okay. So we don't need to do anything? MR. ORTMAN: It is also one of the conditions of approval. CHAIRMAN FRYER: It is a condition of approval? MR. ORTMAN: It is a condition of approval, yes. CHAIRMAN FRYER: Okay. Good. Thank you. COMMISSIONER SCHMITT: Well, that's a duplication. It has to be approved by the fire review. MR. ORTMAN: Correct. COMMISSIONER SCHMITT: You can state it. That's irrelevant because in order to get the permit to construct, it has to be reviewed. MR. ORTMAN: That's correct. COMMISSIONER SCHMITT: Both the SDP and the building structure itself. MR. ORTMAN: Correct. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Commissioner Vernon. COMMISSIONER VERNON: Yeah, I think Commissioner Schmitt's discussion gave me the answer, but just to be clear, the primary reason for the 10-foot separation in our county is more aesthetics really, right? MR. BOSI: I think the 10-foot separation would -- I think is more dated back to how close for individual single-family lots that structures would be arranged. For multifamily, I think the 10-foot structure has been more -- maybe for aesthetics and for 5.A.a Packet Pg. 28 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 24 of 67 open-space purposes, so to speak. I don't think the 10-foot separation was specifically designed -- when it was incorporated and it became policy, was related to fire prevention or the fire code. COMMISSIONER VERNON: Right. MR. BOSI: I think it was more related to, like you said, aesthetics open space. COMMISSIONER VERNON: Yeah, because obviously the fire issue's a huge issue, but the way I'm looking at it is this -- an alternative to this would be one big building with zero -- it's just one big building. MR. BOSI: Correct. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Can you just confirm with me -- all right. So, obviously, the petitioner is asking for the changes, but they're not asking for, you know -- like, their design is -- like, this is the kind of thing we like to do. So I'm wondering, like, what is actually possible with -- you know, with what they're -- if we make the change, something very different would be possible, isn't that right? MR. ORTMAN: This is -- this petition is to approve the number of units, approve a change to the Growth Management Plan. The actual design of the buildings will come during the SDP but will be guided by the number of units that they have. COMMISSIONER KLUCIK: Yeah, no. I guess it's just like we should -- again, you know, as we make our -- you know, weigh the factors, you know, that impact, you know, the way we vote on this -- you know, we're not approving a specific project. And the design based on the market might be totally different than the buildings. Obviously, you know, they might be convinced that's what they're going to do. It's going to look just like that, and I don't -- you know, I don't doubt that. I'm just saying what we're approving are very, very minimal requirements for -- you know, and restrictions on what they're going to build, not anything to do with what it's going to look like. It's going to be the spacing, the density, the -- what the streets look like. MR. BOSI: And that's correct, Commissioner Klucik. We don't get to that level of site development -- COMMISSIONER KLUCIK: Yeah. I mean, it's no different than most of the stuff that comes before us, yeah. CHAIRMAN FRYER: If it's not in any of the exhibits to the ordinance, such as the master plan, then it is not, you know, part of what the legal requirement is to proceed. COMMISSIONER KLUCIK: And I do -- I mean, I like the concepts. They're -- it seems like a nice -- a nice place to live. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Yeah. Just for clarity on side-yard setback, again, the norm has been in the county -- or the preponderance of the side-yard setback developments were seven-and-a-half feet side-yard setback, which would be 15 feet between each home. We've had requests, many, to reduce it to 5-foot setback or 10 feet between homes. But this will be, as you stated, one single SDP, and the requirement is to eight feet. So any other requirements as mandated by the building code, which is -- the chapter of the building code is the fire code, would have -- the developer still has to meet those 5.A.a Packet Pg. 29 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 25 of 67 requirements -- MR. BOSI: And that's -- COMMISSIONER SCHMITT: -- regardless if it's -- if it's the -- what building material or other type of things, it's clearly specified in the building code, which is the international building code adopted by the State of Florida, but also if there's any fire alarms or other types of things that are required, that will all be specified at the building review. MR. BOSI: Yeah. COMMISSIONER SCHMITT: So it's not part of the zoning. The only thing that's good here is the concept of the potential for 8-foot setbacks -- or 8-foot separation. CHAIRMAN FRYER: Separation. MR. ORTMAN: Correct. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. And on that point, Commissioner Schmitt, I guess one of the things that's interesting to me -- and I think we should at least think about it conceptually as -- you know, as planning commissioners because it kind of sets the tone and it also -- you know, we've got to think about the future. What I could see, right now it's very simple. There aren't lots. We're going to have all of these individual units. And, you know, it's not farfetched to think in 10 years or 30 years or, you know, whatever, somebody else owns the business and has a different idea, you know, down the road and they're like, hey, we want to segment these back into lots, and now whatever it is that we've approved, it might -- you know, we might be really wanting -- you know, whoever the public officials are at that point might really want to turn these into individual, you know, homes that people could buy or, you know, whatever, and then whatever it is is there, we have to accept that. You know, so we can say now, well, you know, we don't have to follow this because of -- you know, I think it's very wise of us to think about the implications. Even though it's only -- it's not individual lots, we need to think about the potential that this could be segmented into lots because that might be, you know, a really desirable thing that, you know, both the owner, who wants to sell it, and as public officials think that would be a good idea to have more individual homes. So we can't sell ourselves short on at least thinking that through. I don't know if that -- if we even can, you know, weigh that as to how we vote because, you know, if it meets the four corners of, you know, whatever, we have certain things that weigh on -- factors that weigh on our decision-making, but at least we can suggest imposing or building certain things into it precisely in case, you know, that's where things end up. And I don't know if you've already thought that through and -- MR. BOSI: Mike Bosi, again, zoning director. I haven't thought of it in that regard, but if they wanted to go that route, they would have to amend their PUD -- then they'd have to amend their PUD with the specifics that would allow for them to go forward with that concept. COMMISSIONER KLUCIK: No, no. I mean -- I mean after it's done. MR. BOSI: And that's what -- and I mean that as well. I mean, if it's a 30-year-old -- 30-year project and they want to change it to -- they want to condominiumize, they want individual ownership, they would need to amend the PUD 5.A.a Packet Pg. 30 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 26 of 67 regardless, if that's -- COMMISSIONER SHEA: His point is, you can't move the house. (Simultaneous crosstalk.) COMMISSIONER KLUCIK: Right. The house is already there, so -- yeah. So whatever we're approving, even if everybody agrees, hey, these should be individual lots at some point down the road, we just need to be keeping that in mind. And maybe everybody, you know, would think, oh, yeah, wait, maybe we should build -- build some other requirement in there just to factor it in for future situations. But -- CHAIRMAN FRYER: Vice Chair. COMMISSIONER KLUCIK: -- I'm just thinking out loud about that. I just think it's an important thing to -- you know, to keep in mind. COMMISSIONER SCHMITT: Well, the issue is totally moot because it's irrelevant. If these were to be single-family homes, they would have to do a fee-simple lot. They'd have to be re-platted. They'd have to go through the PUD process. It would have to be re-platted. It's -- it's, frankly, not conceivable to easily convert. So -- but in the second piece, since these are not fee simple -- this is in condominium. These are -- this is treated just like a condominium; is that correct? It's one development. MR. BOSI: It is one development. COMMISSIONER SCHMITT: And it's -- so it's platted in condominium. It's not fee-simple lots, so it's -- the point of trying to restrict it is irrelevant. It just simply can't be done without going through all the legal maneuvers to do that, and the law already is there to prevent that from happening unless they come in through a rezoning or other -- other process. So I don't think it's necessary for us to put any language in there to disallow it because it -- the process is there now that would have to be required to go through all the legal maneuvers, and I'll leave that up to the attorney to describe to go from -- into some kind of a fee simple. CHAIRMAN FRYER: Do you want Mr. Yovanovich to -- COMMISSIONER SCHMITT: No. I don't think it's necessary even to -- it's just irrelevant. The whole topic is irrelevant. COMMISSIONER SCHUMACHER: Chair, I believe Mr. Perry has a comment. CHAIRMAN FRYER: Oh. Mr. Perry. MR. PERRY: In the county, there are examples of some divisions that are condominiumized, and I'd defer to Mr. Bosi of the specific ones. They look a lot like subdivisions but -- and they were done in the '90s and '80s. So there is a path. I would agree that it would have to be amended. I don't know that it would be a comprehensive amendment. To me, if they'd struck "rental," they could convert it to condominium and -- CHAIRMAN FRYER: It would be a public hearing path. COMMISSIONER SCHMITT: Correct. MR. PERRY: Sure. MR. YOVANOVICH: For the record, Rich Yovanovich. The hoops that we'd have to go through is we'd have to amend the Growth Management Plan amendment because right now it says we can only do rental. So we would go through, you know, a pretty intense public-hearing process to go to a form of owner-occupied units. And you know what -- and that's a discussion for some 5.A.a Packet Pg. 31 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 27 of 67 day if someone wants to do that, and the decision-makers at that time can decide whether or not they want to allow for that option. But right now, that's not our request. It's not a possibility without going through the whole process we're going through today to have that happen. CHAIRMAN FRYER: Okay. COMMISSIONER KLUCIK: The only reason I bring it up, Mr. Yovanovich, is that I can see you pleading for your client, 20 years from now, who wants to do it and saying, wow, look, you know, yeah, it might not meet this or that, but, you know, they -- you know it's this beautiful thing, and everyone could be homeowners and, you know -- and that's all I'm saying is that that's -- MR. YOVANOVICH: Sure. COMMISSIONER KLUCIK: -- not a -- it's not what they're proposing, I get it, but at least it's something to think about, and even from your perspective to think about, you know, from your petitioner's perspective, as to the flexibility. Are they killing themselves or shooting themselves in the foot by missing some important thing that we should -- that the petitioner might want to factor in? MR. YOVANOVICH: Of course. And hopefully I'm not still doing this in 20 years, but if -- COMMISSIONER KLUCIK: You're good and you love it, so you will be, I can tell. MR. YOVANOVICH: Sorry. You got me all choked up. But I will -- I've told my clients, guess what, we get to go through this whole process again. If you want to have an option for owner occupied, we should have -- we should have left it in the documents in front of you. That's not -- but, you know, the world -- things could change, you're right. But in 20 years -- we have a 30-year commitment. So in 30 years, I'm fairly certain somebody else will be making that -- will be pleading that case and not me. CHAIRMAN FRYER: Thank you. Further from staff? MR. BOSI: Nothing further from Eric, I believe. I think you wanted to hear from Mr. Sawyer. CHAIRMAN FRYER: Yes, we do. And Commissioner Vernon is signaling, but we had -- who else wanted to talk about traffic? Someone did. COMMISSIONER VERNON: Well, I just -- I just had a quick question about this CAT bus stop. I'm not sure who answers this and whether it can be used as a Collier County Public School bus stop also, if needed. MR. SAWYER: Yes. For the record again, Mike Sawyer, Transportation Planning. Certainly -- the provision that we've got is specifically for CAT, Collier Area Transit. There have been a number of times where we've tried coordinating with the school district. The challenge that the school district has is that every year the mix of students changes. And so, periodically, how they pick those students up and how they drop them off also changes. And so my understanding, the last discussions that we've had with them is that they certainly want to have as many pedestrian interconnections as they possibly can with schools; however, no designated school bus stops established. COMMISSIONER VERNON: Let me ask it another way. Are there any situations in the county in which both CAT and Collier County school buses use the same 5.A.a Packet Pg. 32 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 28 of 67 area for stops? Is that -- MR. SAWYER: Honestly, Commissioners, I do not know. I really don't have that information available. COMMISSIONER VERNON: Mr. Banks knows. MR. SAWYER: Mr. Banks knows a lot. MR. BANKS: The answer is no. MR. YOVANOVICH: To save poor Jim, the answer is we're not aware of any situation where you have a combination of CAT and school bus. COMMISSIONER VERNON: Okay. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: Mike, we talked about this earlier but, for the record, a lot of the concern from the NIM meeting is the right-turn only and then what load that might generate. In terms of Immokalee, the people that want to go west having to make a U-turn, that's a lot of potential impact, and there was a lot of safety concerns mentioned about that. Can you comment on that a little? MR. SAWYER: Absolutely. Thank you, Commissioner. Collier County believes in U-turn movements simply because those turning movements are much safer, for instance, than a direct left-out. Direct left-outs tend to be where you have the most conflict points and the most potential for accidents. That's why you'll see for the last number of years we have been reducing the number of left-outs on all of our four- and six-lane segmented roads. COMMISSIONER SHEA: And you get the control to get out by the fact you have a light I don't know how -- quarter mile, half mile west that gives you the gap for the people to go out and go right. MR. SAWYER: Absolutely, yes. COMMISSIONER SHEA: Okay. CHAIRMAN FRYER: Anything further now from -- Commissioner Schumacher. COMMISSIONER SCHUMACHER: Thank you. I had emailed with Mike, and you were on that email as well yesterday. When we talk about the improvements to Immokalee and the reduction of the amount of cars on that road now -- and Vanderbilt seems to be the -- I don't want to say scapegoat, but that's where we think everybody's going to go. Having just approved two projects through this commission, and those will go in front of the commissioners. But from the calculations just from the last report, Vanderbilt only had a trip cap of 226 and 204 in between Airport and Livingston and then Livingston to Logan. It seems like if we're making improvements to Immokalee, there should be some type of improvements to Vanderbilt because Vanderbilt now is a parking lot, as we have heard from the communities there, and Immokalee isn't even better. So what is the plan -- this project would take until probably 2026/2027 to come online, correct, maybe? Yeah? MR. YOVANOVICH: (Nods head.) COMMISSIONER SCHUMACHER: So what type of improvements are planned over the next two years that will alleviate some of that load? MR. SAWYER: Thank you. Just to get you up to speed a bit on an update quick on VBR itself. The extension, we're about halfway through that three-year construction 5.A.a Packet Pg. 33 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 29 of 67 process for Phase 1. Phase 2 will be a one-year project following that. We are -- coincidentally, also we've just gotten through looking at a new modeling of the VBR extension and seeing how that is going to be improving the network. Right now, primarily what we're looking at from this particular segment of Immokalee is about a 6,200-plus-or-minus improvement in capacity on Immokalee once VBR comes online. That's about a 9 percent increase -- or decrease, if you will, just because VBR's going to be taking that traffic. Network-wise, we're seeing some additional improvements in the network once VBR does come online. As far as VBR itself, you know, certainly we're currently looking at a number of projects. There's a study that we're going to be doing specifically at VBR, Airport going up to Vanderbilt looking specifically at those intersections, as well as the section in between as far as potential improvements. We are also -- on an ongoing basis, also looking at other intersection improvements along VBR itself. So to answer your question we're always looking at those types of improvements. Certainly, once VBR opens up, we're certainly going to be needing to look at what that actually does on a day-to-day basis and a year-to-year basis for the entire network. As we proceed forward, those network improvements are really what is going to help the system itself improve from what we currently have. And it's -- quite honestly, it's a moving target, and we do as much as we possibly can to move it and anticipate it, more importantly. COMMISSIONER SCHUMACHER: All right. CHAIRMAN FRYER: Thank you. Commissioner Shea. COMMISSIONER SHEA: I was going to save it more for the end, but since you're up here... I guess I've been sitting on here for three years, and we are approving developments along Immokalee like crazy. And when you do the analysis that we see, we only look at the individual impact. We've had this discussion before. I don't have confidence that we have control of the cumulative impact of what's going on out there. We've talked about having some form of a presentation to help us, as board members, feel like there's more control. Right now my gut is that we're promoting growth faster than our infrastructure planning can keep up with it and deliver projects, but I don't know because I don't know how you do it. And I've just never seen anything that says we've got 60,000 homes that have been approved. Because to me you don't count it until you -- until they come in with a Site Development Plan. I count it when you give them approval because, odds are, it's going to come in. It's not going to look exactly the same, but it's going to be the same size community. I'd love to see a map that shows everything we've approved and with some time frames of when it might be hitting and see the model that shows what the roads look like then. And I'm not expecting an answer. I know we've talked about it. But I'm just very concerned that we just keep looking at these as one-offs, and we approved them because this meets everything we're trying to incentivize in the county. CHAIRMAN FRYER: Commissioner, you are exactly right, and this is a battle that I started off seven years ago trying to go fight, and Trinity Scott brought me along to the point where I realized that Tallahassee has severely tied our hands, and there's just 5.A.a Packet Pg. 34 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 30 of 67 very, very little we can do to put up any kind of a barrier to explosive growth and all the burdens that puts on infrastructure. And it's a damn shame because it should be -- it should be within our purview, but that's been taken away from us. COMMISSIONER SHEA: But I'm not talking about that. I'm talking about the county having a plan. Forget the regulations in Tallahassee. What do you think's going to happen on that road -- on Immokalee? Let's pick Immokalee. It couldn't be Pine Ridge. What's going to happen with that in 10 years, five years, four years? We have enough information to do a model and show that. I mean, we have sections that are already at Ds, Es, and that's just looking at -- it's not accumulating everything. It's like we'll address it later, but we won't have any options later. To me it seems like we should have a cumulative plan for pick -- Immokalee Road. We can't just keep approving them on a case-by-case basis, to me. CHAIRMAN FRYER: Well, the trouble is, I think our hands are tied. And if I'm wrong, please correct me. COMMISSIONER SHEA: Well, wait. I'm talking about a planning study. I'm not talking about the law. CHAIRMAN FRYER: My point is is you can plan all you want, but you're not going to be able to execute on that plan by disapproval. You're going to end up with litigation. COMMISSIONER SHEA: But you don't know what the problem you're reacting to is until you do the plan and look at the impacts. MR. SAWYER: Commissioners, if I may. The Regional 1 plan that we've got, the Regional 1 model that we refer to as "the model," that does project out what populations are going to be coming on the system, basically, right now between 2035 and 2045. So we are looking at, overall, the general growth within the -- within the county, and specifically on those road segments that we're studying. So when we talk about the model, that's what we're talking about is that we do look at it. We look at how traffic changes year to year on a quarterly basis. We do traffic counts, and we take those quarterly counts. We average them, and we use those in the AUIR. We also use the information that we've got as far as of the projects coming through the county and getting approved when they come in with their SDPs, when they come in with their plats. Those are also downloaded and goes into that AUIR that you see each year. COMMISSIONER SHEA: I'm going back farther. MR. SAWYER: So it basically winds up being -- if you will, it's almost a circle. We go through. We approve a project. That project leads to growth. That growth goes into impacts on the roadway system. We look at the trends that we've got on those roadways and project those out into the future. Once we see that there's a potential problem, that there's going to be a potential deficit, then we look at what we can do planning-wise to address that. And once we look at that, that goes into our plans as far as road improvements. Those road improvements, once they come online, encourages additional new growth so that once we get additional new growth potential, then that's where the developers decide, oh, that's where I'm going to be going next because there's road capacity. And so you wind up with basically what winds up being a circle of road improvements, leads to growth, leads to, you know, additional impacts on the road systems and right on through back to the original starting 5.A.a Packet Pg. 35 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 31 of 67 point, again, if you will. COMMISSIONER SHEA: So if I asked you right now -- MR. SAWYER: Yes. COMMISSIONER SHEA: -- what does Immokalee Road look like if you add in the 15 huge developments that we've approved in the last few years, you can tell me what the traffic situation will look like there in two, three, four, five, six, seven, eight years? MR. SAWYER: Right now, Commissioner, that's what I'm trying to tell you. Right now what -- the information that we just modeled, like I told you, as far as of the impacts on VBR being extended, those are calculated using the model, which is looking at additional new trends moving forward, and that's -- that's -- right now, that's our best guess. COMMISSIONER SHEA: And I understand the guess -- planning is a little bit of guessing. But as a commissioner, in three years I feel so inadequate because I don't know what you have. You may have everything that I'm thinking you don't have right now. And I had suggested maybe a working session with transportation to go through and explain to us how you handle the bigger picture and all of the developments that we keep approving. MR. SAWYER: Absolutely, Commissioner. We would -- we would encourage a workshop to do that. We're certainly -- we have a presentation that we could tailor make just for the Commission itself. COMMISSIONER SHEA: I would appreciate you improving my confidence that we have a handle on this. MR. SAWYER: I would certainly appreciate the opportunity. CHAIRMAN FRYER: I'm not sure that the answer will enhance your confidence in the process -- COMMISSIONER SHEA: I know. CHAIRMAN FRYER: -- because, frankly, of state preemption, partial preemption. Now, it's almost 10:30. It is time for our midmorning recess. We've got two commissioners signaling, Commissioner Vernon and Commissioner Schumacher. When we come back, we'll go directly to them for questions. We stand in recess until 10:45, and I ask people to try to read at least Subsection B in this material during our elongated recess. We're in recess. (A brief recess was had from 10:30 a.m. to 10:45 a.m.) MR. BOSI: Chair, you have a live mic. CHAIRMAN FRYER: Thank you, Mr. Bosi. Ladies and gentlemen, please take your seats so that we can reconvene. Where we are at this point is we have two commissioners who wish to be heard, and we'll start with Commissioner Vernon. COMMISSIONER VERNON: Okay. So I lit up as I was listening to Paul. And I do understand the Chairman's point about -- we're talking about the traffic and what I would call a macro view of the traffic situation. And I trust that Chairman Fryer's right, and I understand that the Vice Chair probably knows this stuff inside and out. But I haven't been on the panel as long as -- or on the Commission as long as you have, Paul. And it seems like -- and I know they have to get through staff to get there, but I don't think I've ever seen a project where somebody said this is -- we're going to deny -- I shouldn't say never. Rarely seen a project where we're going to deny approval because of 5.A.a Packet Pg. 36 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 32 of 67 traffic. And it's always looking at that specific project, and there's always good experts who are coming in, including staff, saying this is okay to do, and I understand because of what you're saying, Mr. Chairman. But I do believe knowledge is power, and I don't believe I have a real understanding of what the county's going to look like in terms of traffic in 15 years, 10 years. And I think that our decisions here are going to impact what it's going to look like in 10 years. So I would love to have -- like, I think that's what you're requesting -- a very specific date when we have a light agenda and spend three hours and, you know, the staff, and maybe Mr. Banks can join us. And, you know, I'd love to just hear from everybody and talk about the macro situation so at least I have a better sense of that knowledge. Because I do look at -- and, candidly, I think it's the way -- it's the only way I know how to look at it. I do look at these projects individually and not as a pattern. And so exactly what Paul's worried about I'm worried about. And we're approving these individual projects because they're in compliance. And I'm not saying we can't -- we have the right to deny them, but I think I would be more comfortable making decisions and hearing from the public if I understood the big picture, and I don't, as much as I'd like to. And so I concur with Paul, and I'd just love to have a specific date for, I'd say, a three-hour workshop. CHAIRMAN FRYER: Thank you. I had a conversation with Mr. Sawyer during the break on exactly that point. And in the past when there was a request for a workshop, there was some resistance from senior management. And I don't know the details or exactly why that was the case, but the way we resolved it is we took a meeting where we didn't have a heavy agenda, and we just put that on as an agenda item rather than everyone coming in for a workshop. Either way, it's a good idea, and it's high time we do it because we've got new folks on here. And I would encourage -- well, let's -- without objection -- and if anybody objects to this then they can, but otherwise it will be the consensus of the Planning Commission that we're asking staff to run it up the flagpole and find out if there is any objection within senior management for us holding a workshop, and if there is no objection, we do so and include in that workshop the people who have expertise in the areas that Commissioner Vernon, Commissioner Shea, and others have raised as well as Trinity Scott, if she's available. I think she'd be a very important player in this because -- although it took her a pretty long time to get my thick head around it, I finally did, and came away unhappily seeing that our hands are largely tied. So that would be -- without objection, I think that's the consensus of the Planning Commission. COMMISSIONER VERNON: I just -- if I could, one clarification. CHAIRMAN FRYER: Go ahead. COMMISSIONER VERNON: I used the term "workshop." What I would prefer -- just because I'm working and some of us are working, I'd prefer to do -- I think you mentioned it. When we have a light agenda, just to do it on a day we're going to be here anyway rather than a second day. CHAIRMAN FRYER: Okay. And that may not require running it up the flagpole. I think we can probably do that ourselves. 5.A.a Packet Pg. 37 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 33 of 67 COMMISSIONER VERNON: That would be easier for all of us, I think. CHAIRMAN FRYER: All right. So, you know, looking at the lookahead, boy, it's going to be a while before we have a light agenda. Mr. Bosi. MR. BOSI: And I would say that's probably not a bad thing, because it's going to take staff a little bit of time. Transportation Planning is putting together an arrangement right now in anticipation of the second meeting in January, the 23rd, that moratorium discussion. Transportation's going to have a lot of these issues that you're talking about of how we go about planning. As that discussion before the break was going, I was a little -- I was jumping out of my -- I wanted to add a little bit of commentary to the statements of do we have a big plan, and we do have a big plan. It's our Future Land Use Element, and it coordinates with the Long-Range Transportation Plan. We also have developed -- and it's been around for almost a decade and a half. It's the Collier Interactive Growth Model. So what we do is we model our Future Land Use Element and the components of it in terms of the type of land uses that it promotes, the density that it promotes, the wide arrangement of employment centers, of goods and services, of housing types, of residential dwellings. That's all incorporated withinto that Collier Interactive Growth Model which is based upon the allowances within our Future Land Use Map. That Collier Interactive Growth Model is utilized to provide the modeling that is incorporated withinto our Long-Range Transportation Plan. So our Long-Range Transportation Plan is based upon the anticipation of what our GMP is promoting in terms of long-range planning and sustainability. And what we're trying to do, because of the limited transportation systems that we have within this county, because of the preponderance of gated communities that have -- and it's not a dig on gated communities, but the outcome of gated communities means that there's very little interconnectivity withinto this county. There's four or five east/west corridors, there's four or five north/south corridors. There's some cut-betweens in between, but it's not consistent in terms of how we have interconnectivity. So what we tried to do from a land-use planning standpoint is to add high-intensity density within the appropriate areas, goods and services, employment opportunities, to try to shorten some of these trip lengths because we recognize that the transportation within the urbanized area is always going to be a challenge based upon these limited land uses. But I think we will -- staff will take that advice. We'll look at a -- or the request. Look at a time frame that's going to provide for where we have a day where there's only one or two petitions that we can schedule that, coordinate with Transportation and put together a program that hopefully gives a little bit more answers and specificity towards how we go about -- from a long-range planning standpoint to bring that back to how does that affect and how does that influence what the staff's perspective is, staff's review is for each individual petition. Because you're right, you get locked onto the petition. What does it do, and what is it doing to that local area? But if you don't have that context of how that all brings about from a long-range standpoint, I could understand the concerns that would be expressed. So we'll take that, coordinate with our Transportation staff, and coordinate with the 5.A.a Packet Pg. 38 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 34 of 67 Chair to make sure that we're placing it on the right agenda so we can give you what you want. And we can also share the methodology of how we go about and how we arrive upon our recommendations and provide that information to the Planning Commission as well. CHAIRMAN FRYER: Thank you. All right. Let's get back to the matter at hand. And, Commissioner Shea, you're next up. COMMISSIONER SHEA: Oh, I was just going to -- Mike had suggested -- he and I have been trying to hook up and do something at least to get me more confident, and that's when we talked about that there are more people on the Board. I don't know on the Sunshine whether you can have a workshop with more than one of us. CHAIRMAN FRYER: Well, it's a publicly called meeting. COMMISSIONER SHEA: So it's -- but I'm wondering -- I would volunteer to work with Mike ahead of time to try and at least hone it down to something that I think we're looking to see here and work with him. CHAIRMAN FRYER: That -- COMMISSIONER SHEA: But I was going to set up something with Mike to see what they do in terms of their modeling and understand it better. CHAIRMAN FRYER: I am fine with that. In fact, I'm fine with any planning commissioner giving their input to Mr. Bosi to tell him what we're looking for, this either workshop or agenda item. From my perspective, I think it's going to be important to hear the constraints that have been imposed upon us in Tallahassee such as -- and I'm going to summarize it, and at the risk of error in my summary. Basically, if you have an applicant in front of you who is asking for trips on the road and the road is scheduled to become deficient anyway regardless of that applicant, you can't penalize the applicant for that. COMMISSIONER SHEA: I understand. But you need to know what's going to happen on that road to figure out how to solve it. You can't just give it up and say the state's going to not let me do anything. CHAIRMAN FRYER: Well -- and I think -- I think the staff, people who are doing the planning, like the Vanderbilt Beach extension and the various other plans, are aimed at trying to resolve these problems that are foreseen in the future. But there's a limit to what can be done for -- not only for the intervention on the part of the state government, but also finances and, you know, eminent domain to widen roads. Gosh, that would be hugely expensive. COMMISSIONER SHEA: Yeah. CHAIRMAN FRYER: And with that, Commissioner Klucik. COMMISSIONER KLUCIK: Yes. I just had a question at some point for the petitioner, but it's not too late. CHAIRMAN FRYER: Well, no. Go right ahead. Let's get back to this petition. COMMISSIONER KLUCIK: Yeah. It was -- we have one of the -- COMMISSIONER SCHMITT: Make sure you use your microphone. COMMISSIONER KLUCIK: Oh, yeah. Sorry. We had some residents approach me -- and they have to leave -- and they were just wondering specifically what is the buffer along the -- there's a development south of the 5.A.a Packet Pg. 39 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 35 of 67 school on the west side. What is the buffer along that area going to look like? MR. YOVANOVICH: For the record, Rich Yovanovich. And staff can confirm this. But I think I spoke to the same gentleman in the hallway. It's a -- it's a Type B -- 15-foot-wide Type B buffer which requires either a hedge or a wall to be opaque up to six feet in height, and then it also has trees along -- you know, I think it was -- COMMISSIONER KLUCIK: External of the wall or internal of the wall? MR. YOVANOVICH: You don't have to have a wall. You have to have either or a wall or a hedge that is opaque to six feet in height and then trees within that same 15-foot buffer, a space. And is it 25 feet or 30 feet? I'm going to let Jaime tell you the exact. COMMISSIONER KLUCIK: Well, I guess I could ask, you know, like, maybe the petitioner himself, you know, what he actually thinks they're planning to do there. MR. DEICHERT: Dan Deichert. I think that originally there's going to be a wall with planting behind it, and the planting will grow in to completely screen the two lots from each other. COMMISSIONER KLUCIK: So the planting will be on the outer side of the fence? MR. DEICHERT: It can be. It doesn't matter to us. COMMISSIONER KLUCIK: Okay. All right. Thank you. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: A question for Rich. I did not see it or hear the mix of units, one-bedroom, two-bedroom, three-bedroom, the percentage it's going to be -- MR. YOVANOVICH: The percentages? COMMISSIONER SCHUMACHER: -- of -- MR. YOVANOVICH: Do you know, Dan? COMMISSIONER SCHUMACHER: -- what you're -- MR. YOVANOVICH: I don't think we've come up with the exact percentages of ones, twos, and threes at this point, Commissioner Schumacher. COMMISSIONER SCHUMACHER: But that would be spread out -- MR. YOVANOVICH: Thirty percent -- COMMISSIONER SCHUMACHER: -- of whatever units you have? MR. YOVANOVICH: -- is spread over unit types. MR. DEICHERT: Typically, in our projects we do 35 percent one-bedroom, 35 percent two-bedrooms, and 30 percent threes, but it depends on the market. The three-bedroom ones -- the three-bedroom units are the ones that are the most difficult to lease, so we have to adjust that mix for each market. COMMISSIONER SCHUMACHER: Thank you. CHAIRMAN FRYER: Thank you. No one else is signaling at this point. What I would like to do is to take up the subject of essential services personnel. There's been a fair amount of work done and background on this by staff in communications. I've had conversations with Mr. Yovanovich and working with the County Attorney's Office, particularly Mr. Perry, and Mr. Bosi from staff. 5.A.a Packet Pg. 40 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 36 of 67 We have in front of us for consideration a staff and County Attorney approved proposed essential services personnel provision. And let me -- let me preface the discussion by saying, at least in my experience, from my perspective, there are usually three interest groups involved in coming before us when we have a development -- residential development that is going to involve affordable housing. We've got the applicant and what it wants, we've got the neighbors and what they want, and then we've got the county and what it would like to see. And in this particular case -- and I'm not going to put words in Mr. Yovanovich's mouth, but based upon the conversations I have had -- and certainly before he saw this specific language, he was generally amenable to adopting the concept, recognizing that under the Fair Housing laws there may be an interpretation down the line that would override what we're doing under the -- well, under the Supremacy Clause of the U.S. Constitution. But -- so he's been pretty open minded about this and may have some specific comments, may not. But -- so you've got the developer's interest. Then you've got the residents who come in, the neighbors, and pretty much they unanimously don't want affordable housing of any kind. And, you know, that's sort of the NIMBY approach. And I don't mean that be to critical, because probably in my heart of hearts I've thought that way as well when confronted in the same circumstances. So that's a second group. And then the third group is the interest of the county, which has been pretty well stated, I think, not only publicly outside of particular applications but within applications like Ascend and some others, that there is a preference for somehow attracting essential services personnel to this county if it can possibly be done. So with that background, I'm going to turn it over to Mr. Bosi and Mr. Perry to explain. And primarily, I think, Section B, because Sections A and C are really bracketing information. But would you explain what we have before you in Section B? COMMISSIONER VERNON: Can I jump in? CHAIRMAN FRYER: Yes. COMMISSIONER VERNON: I've got to take a call, so I'm going to have to step out, so I want to give you my thoughts -- CHAIRMAN FRYER: Go ahead. COMMISSIONER VERNON: -- in case I miss the discussion. So affordable housing, big picture, I think, you know, it's great to see this affordable housing. I think it's not just affordable housing, but we really need creative housing, and I think this is a little bit of a step in that direction to really try to solve this problem. I do worry that we're approving so many affordable housing projects now, in 30 years, when Rich is no longer here and we're no longer here, all of a sudden there's a -- after 30 -- in 31 years, there's going to be a bunch of big adjustments. So I don't know what we do about that, but just to be aware of it. I'm a little bit concerned about the -- and I just looked at this this morning during the meeting, so I haven't really studied it, but it looks like there's three or four different definitions of what we're calcu- -- what we're considering essential personnel. And the last one, on Number B6, it looks to me -- I don't know. It may be covered. You covered municipalities -- and I know I'm going fast here, but I've just got to jump. You covered municipalities in 6, but I don't know whether that covers city police, 5.A.a Packet Pg. 41 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 37 of 67 like Marco Island Police, Naples Police, because you do have the Sheriff's Department separate from just county employees. So those are my comments. You know, I'm -- I'm not objecting to any of this. I just was giving you my thoughts. CHAIRMAN FRYER: Thank you. COMMISSIONER VERNON: And I'll try to get back. Okay. Thank you. Mr. Bosi and Mr. Perry. MR. BOSI: Chair, Mike Bosi again. And to kind of round out this discussion, as part of the authors of this, I would invite Mr. Cormac Giblin, our housing director, who was a strong role. But just to give you the origins of where this came from -- and December 7th we had a pretty robust discussion in terms of ESP providers for Matson, the project that was on Vanderbilt. And this was -- we took the language that's proposed in that PUD, which is going to be heard by the Board of County Commissioners on the 23rd of January, so it has not been approved by the Board yet. But this was based upon what was crafted as part of that PUD with some modifications that were suggested from some comments that we had from the Chair as well as some comments from Cormac. And with that, I would turn it over to Cormac. CHAIRMAN FRYER: Thank you. MR. GIBLIN: Sure. For the record, Cormac Giblin, your director of Housing, Policy, and Economic Development. I'll go even a little further back than Mike did on the origins of the ESP concept. This dates back to the early 2000s. State Representative Mike Davis from Collier County here put something forward in Florida Statutes called the CWHIP. It was Community Workforce Housing Innovation Pilot Project. And that cemented into state statute -- the citation is here in B1 -- the concept of what essential services personnel is. And it was basically a preferential treatment or a targeting of affordable units towards those employees that are essential to the makeup and the functioning of Collier County: Teachers, firemen, government service. Those types of professions. The state statute outlines in broad terms the employment classifications that are to be included in the ESP definition, but then it gives further direction to each county to adopt a specific definition of essential services personnel in their Local Housing Assistance Plan. Collier County's done that. They've done that since the early 2000s. This is the Local Housing Assistance Plan. And in B2, it is an exact copy of the already existing definition that the Board of County Commissioners has adopted and the state has then subsequently signed off on of what ESP housing means here in Collier County, and it broadly is among the same categories that we've previously identified. So that's the first step in -- that we approached the -- in this approach was to use a consistent definition of ESP because up until now, each one of these ESP provisions has used maybe one that included certain professions, not others without the concept of "we already have a county-adopted definition of what ESP housing is." So that brings that into the fold for this one and perhaps future ones. It then sets out what the advertising -- priority advertising would be for the ESP units. That's 90 days prior to and leading up to the leasing of the first non-set-aside unit. And then each time a new -- a set-aside unit is then vacated, there are notice requirements 5.A.a Packet Pg. 42 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 38 of 67 to those -- to those mentioned in B6. To the question of is the city police department or the Marco Police Department part of the City of Naples or City of Marco, yes, they are. So unlike in Collier County where the Sheriff is a separate constitutional officer, in the city -- notice to the city HR Department handles the city's police department, same with City of Marco. And with that, any questions? CHAIRMAN FRYER: If not, Mr. Perry, did you want to say a word or two? MR. PERRY: Not specifically. This is just the latest iteration and evolution of language that we are collectively trying to get right. CHAIRMAN FRYER: Okay. Is it a fair statement that the County Attorney's Office supports this or at least is comfortable with this? MR. PERRY: We -- absolutely. We deem this legally sufficient. CHAIRMAN FRYER: Okay. Good. Is it also fair that the county staff supports or at least does not oppose this concept. MR. BOSI: We're not opposed, and we do support it. CHAIRMAN FRYER: Okay. Thank you. So we've got some commissioners who would like to be heard, starting with Commissioner Sparrazza. COMMISSIONER SPARRAZZA: Thank you, Chair. It's my understanding that this is a guideline and that any petitioner bringing a project to us may agree to none, some, or all of this. And the one point I want to make is I thought we had a project recently where just due to being confined with time, energy, and cost, they would only be doing an initial offering of the set-aside units. After those units were fully rented, the next time a property was up to be rented again, they would not be going through the procedure because that would require them -- every single time a unit comes up, they may only have had 30 days', 60-day notice. Now they have to try to get that set-aside information out to the public and that it just wasn't feasibly possible. My statement is, then, that we -- I believe we have to be cautious with every time a unit comes up that there will be a procedure put in place where the set-aside units go to ESP where it's looked at project by project; is that correct? CHAIRMAN FRYER: If I may, Commissioner, this proposal only imposes an initial notification at the time of the CO. And the hope behind this is is that once the word gets out within the essential services employers, be they fire departments, EMS, whatever, once the word gets out, that word of mouth will make the subsequent renters aware of the availability of these units. And even though we initially had -- or not initially -- but not too long ago we had an applicant who was willing to give notification to every succeeding renter. We can see why that is pretty cumbersome and would get in the way of the return on the investment in an unfair way. So this is just a one-shot, one-notice deal. MR. GIBLIN: Mr. Chair, just if I could point out B5, which the pointer is pointed at, does require that every initial vacancy -- or every subsequent vacancy, I should say, requires the advertisement to ESP -- to the ESP partners listed in 6, but it does not limit it from being rented to the general public who qualifies. CHAIRMAN FRYER: Right, right. It's not a preference after the first -- the initial renter. COMMISSIONER SPARRAZZA: Okay. Thank you for the clarification. I didn't read it that way, but I appreciate the clarification from both of you. 5.A.a Packet Pg. 43 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 39 of 67 CHAIRMAN FRYER: Sure. COMMISSIONER SPARRAZZA: Thank you. CHAIRMAN FRYER: All right. Commissioner Schmitt, Vice Chairman. COMMISSIONER SCHMITT: Cormac, the only thing I don't see in here is military personnel, and I'm assuming that they would fall under "other government employees." I know Collier County, you know, we don't have military bases here, but we do have active-duty military who end up getting stationed in this area, either through JR -- Junior -- JR -- ROTC or recruiters, but we also have reservists who may live here and drive elsewhere for reserve duty. So I'm assuming that they would fall under government employees; is that correct? MR. GIBLIN: We can interpret government employees to mean active-duty military or reservists. There was a project that was approved a few months ago with a similar provision that actually added veterans as well. COMMISSIONER SCHMITT: Yeah, because I -- typically, though, if there were -- if there was a military base here, there's a local housing office. I don't know who you would contact other than just some kind of a blast to -- email blast to a housing office, you know, whether it's Miami or Tampa or whatever. But I would just -- I just want to make sure that we identify those personnel as well. MR. YOVANOVICH: I'm sorry. I was involved in that. That's why I popped up. COMMISSIONER SCHMITT: Yeah. MR. YOVANOVICH: And it came up at the BCC, not in front of you-all. What we did is we added veterans to essential service personnel. We did not add additional notice requirements because, frankly, we didn't know who to notify after the subsequent. But we did add veterans in the preference for the initial lease-up. COMMISSIONER SCHMITT: Yeah. I mean, veterans, it would be difficult to notify. But my concern was -- were active-duty personnel. We have an E5 sergeant come down here who's posted in this area for -- as a recruiter. Those are the type of guys that I -- they're few and far between. I just want to make sure that they're not -- they're identified. But I just don't know who you would contact unless -- and I know who you would contact. I mean, it would be recruiting command or the reserve organization. But that puts the burden on the -- on the developer. MR. YOVANOVICH: I think that would be unfair to make us notify -- COMMISSIONER SCHMITT: Yeah. MR. YOVANOVICH: -- but, certainly, I don't think it would be unreasonable to add them in the preference, active military reservists and veterans in the initial lease-up. But I just -- a notice requirement, I think, would become too burdensome and too risky for my client to have somehow missed somebody. COMMISSIONER SCHMITT: I understand. I just want to make sure that -- at least the topic that they're identified. Okay. CHAIRMAN FRYER: Thank you. Commissioner Klucik. COMMISSIONER KLUCIK: Yes. Regarding B2, when it says teacher/educators, then it says other school district employees, which seems to imply that it really is school district teachers and school district educators. CHAIRMAN FRYER: The word "other" needs to be deleted, doesn't it? 5.A.a Packet Pg. 44 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 40 of 67 COMMISSIONER KLUCIK: Yes, or other school or education employees, you know, education institution employees, because otherwise what you're saying is it only applies to public schoolteachers. And same thing, you know, I guess with university. You know, what about the, you know, administrative assistant at the law school in town? Is that a university -- COMMISSIONER SCHMITT: Yeah. COMMISSIONER KLUCIK: -- or not? Because it's actually an independent, you know, graduate school. It's not necessarily a university. But, obviously, that's already defined. I'm just asking what the definition is. CHAIRMAN FRYER: You know what may more effectively address your concern is to strike the word "district." COMMISSIONER KLUCIK: Yeah. CHAIRMAN FRYER: Because that has a public sound to it, and we're not limiting it to public. COMMISSIONER KLUCIK: Yeah. CHAIRMAN FRYER: Leave "other" in but strike "district." COMMISSIONER KLUCIK: But I guess right now that, too, seems to be repeating what already exists as a definition. And so we either need to say we're going to adopt that existing definition -- we can't change somebody else's definition -- or we're going to -- you know, we can't refer to it as the LHAP definition if we're going to change it. CHAIRMAN FRYER: The statutes and the ordinances, I think, both say "including without limitation," which sort of offers up the responsibility for us or the Board of County Commissioners to add additional ones. COMMISSIONER KLUCIK: Okay. Well, I trust that you can wordsmith it to address my concern. CHAIRMAN FRYER: Yeah. Well, absolutely. Maybe we can do it right now. Does it work for you if we just delete the word "district"? COMMISSIONER KLUCIK: District, yeah. CHAIRMAN FRYER: Yeah, let's do that. I mean, without objection from the Planning Commission? COMMISSIONER SCHMITT: Agreed. CHAIRMAN FRYER: Okay. District is out. Any other comments? No one is -- MR. GIBLIN: Mr. Chairman. CHAIRMAN FRYER: Go ahead. MR. GIBLIN: I understand the goal of the Planning Commission in that regard; however, the definition was -- as written, was approved by the Board of County Commissioners, and that is the official definition of ESP. This document is updated every few years by the Board. It may be more appropriate -- and I agree with the change to remove the word "district" from the county's official definition. I'm not sure that -- again, we might fall back into the trap of creating a different definition of ESP with every PUD. CHAIRMAN FRYER: Well, we don't want to do that. We're looking for one that we can use going forward, and it's my understanding -- I don't have the text in front of me, but I read it as recently as yesterday or the day before, that the Land Development 5.A.a Packet Pg. 45 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 41 of 67 Code provision says "including but without limitation." So there's an invitation, I think, to groups like us to do what we're proposing to do. MR. GIBLIN: There's an invitation to the Board of County Commissioners in their review of this document to interpret State Statute 420.9075 to include those categories that are included in 420 and any additional categories the Board sees fit. That's the -- CHAIRMAN FRYER: Yeah. I mean, we're advisory only. MR. GIBLIN: Correct. COMMISSIONER KLUCIK: And that's what we're doing is we're -- CHAIRMAN FRYER: Yeah. COMMISSIONER KLUCIK: -- actually saying this is the language we are recommending you adopt -- CHAIRMAN FRYER: Yes. COMMISSIONER KLUCIK: -- which, obviously -- I do think we need to be careful. If we're going to say this is the ESP language. Then we need to use the ESP language, if we're saying the ESP language as amended -- amended as follows or modified as follows. MR. YOVANOVICH: I think this is probably a joint drafting process right now. CHAIRMAN FRYER: What? MR. YOVANOVICH: It's a joint drafting process. Can I give my two cents? CHAIRMAN FRYER: Yeah, sure. MR. YOVANOVICH: Okay. What I would do is I would delete Paragraph No. 1, and then I would define -- I'd get rid of the Collier County LHAP, define essential -- I would then say, essential service personnel are defined as follows. Then you craft whoever you want to be in that group, take you the word "district" out, because then I think you're consistent -- you're no longer tying yourself to a Board of County Commissioners approved document that may or may not need to be amended, and then add who you want to be in there, veterans, active military, et cetera, and then continue on and just take out the reference to this Collier County Local Housing Assistance Plan in the first place, because I think that's where we're starting to get tripped up. We've never done that before. CHAIRMAN FRYER: I have no problem with that. MR. YOVANOVICH: We've never specifically referenced in the prior iterations. CHAIRMAN FRYER: I think it's actually a cleaner bit drafting to do it the way you suggest, Mr. Yovanovich. Does anyone object to that? MR. GIBLIN: Commissioners, I would just say that then we get -- fall back into the same trap of having the same term defined two different ways depending on which document you're reading. CHAIRMAN FRYER: Well, I think that the state statute and the Land Development Code both permit us -- permit the Board of County Commissioners, acting on our recommendation, to adopt it the way Mr. Yovanovich attenuated it somewhat. And then, as a matter of staff policy, when it -- we're asked to consider affordable housing preferences for essential service personnel, we're going to relate back to this language. We're not going to try to reinvent this wheel each application. MR. GIBLIN: I understand what the position of the Board is. I still have the same concern, though, of adopting a separate ESP definition. It would be like adopting a 5.A.a Packet Pg. 46 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 42 of 67 different definition of building height in a specific PUD. And we've done it, but it leads to confusion. COMMISSIONER KLUCIK: Why don't we call it essential community personnel, and then it's clearly a different term. CHAIRMAN FRYER: That kind of scares me a little bit. COMMISSIONER KLUCIK: Okay. CHAIRMAN FRYER: Vice Chairman. COMMISSIONER SCHMITT: Yeah. The intent is for this language to be in your PUD, correct, Mr. Yovanovich? CHAIRMAN FRYER: For openers. MR. YOVANOVICH: I wish I actually owned the document, but yes. And this is -- it's been evolving. It's been in most of the -- most of the PUDs that include -- COMMISSIONER SCHMITT: I understand -- MR. YOVANOVICH: -- income-restricted units. COMMISSIONER SCHMITT: -- Cormac's concern about dual language, but if this is going to be in your document -- in the document for the PUD, I would agree with your proposal: Eliminate Paragraph 1, and we define Paragraph 2 and leave it in the PUD. And if there's a conflict, that's between the staff and the Board of County Commissioners. But that would be my recommendation if we want to expand the definition. Eliminate the term "district" and "any other." CHAIRMAN FRYER: I think that's right. COMMISSIONER SCHMITT: And then if staff wants to go to the Board and say we disagree with the Planning Commission on the proposal, so be it, but I think we have the broad ability to amend it, the language, and clarify it in this PUD. CHAIRMAN FRYER: Does anyone up here object to the Yovanovich proposal? MR. YOVANOVICH: I know it's hard for Mr. Schumacher to agree with me. COMMISSIONER SCHUMACHER: I'm going to say no anyway, Rich. I'm just kidding. I don't disagree with it. CHAIRMAN FRYER: I think that's where the consensus is ending up. COMMISSIONER SCHMITT: But let's craft the language, then, for Paragraph 2, which will now become Paragraph 1 because we're going to eliminate. CHAIRMAN FRYER: Yeah, yeah. I -- MR. YOVANOVICH: I thought you were going to use the Yovanovich language for Paragraph 2. CHAIRMAN FRYER: Well, Paragraph 2 would become Paragraph 1 because the Yovanovich language involved striking Paragraph 1. MR. YOVANOVICH: So that's what I thought you meant. COMMISSIONER SCHMITT: We strike the word "district." CHAIRMAN FRYER: And strike "district." COMMISSIONER SCHMITT: And then government employees, if you wanted -- I'm not concerned about veterans as much because I just don't think it's -- there's an avenue to widely advertise for veterans. But if you want to put government -- military -- "active-duty military personnel and other governmental employees," I think that would be acceptable. COMMISSIONER KLUCIK: And I think instead of "community college and universities," you say "higher education." 5.A.a Packet Pg. 47 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 43 of 67 CHAIRMAN FRYER: Good change. Good idea. COMMISSIONER KLUCIK: "Higher education employees." CHAIRMAN FRYER: Why don't -- may I -- may I volunteer to look at this; that staff and the County Attorney draft it; I take a look at it before it goes to the Board of County Commissioners? COMMISSIONER SCHMITT: I make that recommendation -- CHAIRMAN FRYER: Okay. COMMISSIONER SCHMITT: -- that you be given the authority to make the final determination on the language. CHAIRMAN FRYER: Okay. Thank you. COMMISSIONER SPARRAZZA: Question for the team here. Are we totally eliminating LHAP? CHAIRMAN FRYER: Yes. COMMISSIONER SPARRAZZA: Yes. So it can't come back to what previously has been referred to as that definition, correct? COMMISSIONER KLUCIK: We're defining for -- I think if you have a document and you use a term that seems to be a term of art or a legally defined term elsewhere but you provide a unique definition, that unique definition, because it's in the document -- COMMISSIONER SPARRAZZA: Stands. COMMISSIONER KLUCIK: -- it's very clear what your intent is, and there's no confusion, even though people might, you know, mistake it if they're familiar with the other definition. And, obviously, the idea would be we sort of, you know, move around and maybe convince the LHAP definition, you know, to get changed. COMMISSIONER SPARRAZZA: Right, but we're removing that. So we're just going to have a clean sentence. COMMISSIONER KLUCIK: Yeah. We're saying we're not going to rely on some external definition. We're defining it here. COMMISSIONER SPARRAZZA: Okay. Very good. Thank you. CHAIRMAN FRYER: Perhaps you put that on the visualizer. My chicken scratching may not be legible. I'll apologize in advance. So when I review -- down a little bit so it picks up 1. So when I review this, I'm going to be looking for the following things: Under B, that 1 is going to be deleted, that 2 will become 1, and the numbering will change sequentially after that, and that we will change the first sentence of the new 1 to read, "essential services personnel means," and then those categories. We'll delete the word "district," and we'll add "active-duty military and government employees." Any -- COMMISSIONER SCHMITT: And higher education, the other. CHAIRMAN FRYER: Oh. I didn't get that one. So pass that back to me, if you will, and I'll put in "higher education," and then I think I've got it covered or, Mike, you can. In fact, Mike why don't you -- Mr. Bosi, why don't you keep that and get me a copy just so that -- okay? Mike, you're going to keep a copy of that, and then you're going to email me a copy so that when I review it, I can be sure it's been faithful to those changes. MR. BOSI: Understood. CHAIRMAN FRYER: Thank you. Good. Okay. All right. Anything further on essential services personnel? (No response.) 5.A.a Packet Pg. 48 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 44 of 67 CHAIRMAN FRYER: It sounds like we've gone a long way, and the applicant -- I'm going to ask Mr. Yovanovich to approach the podium, please, and confirm that -- and if you want to see it first, that's fine. But what we agreed to is acceptable to this applicant? MR. YOVANOVICH: Yes, I would like to see it first to verify. CHAIRMAN FRYER: Okay. All right. Well, then send it to me and Mr. Yovanovich, and he and I will have a conversation, okay? MR. BOSI: Understood. MR. GIBLIN: Mr. Chair? CHAIRMAN FRYER: Yes. MR. GIBLIN: Is it the Planning Commission's desire, then, that this language, when it is ultimately crafted and approved, be included in future affordable housing -- CHAIRMAN FRYER: Well, we're not committing ourselves to insist upon essential services personnel. And, you know, the need -- supply and demand may change, but what we're doing is we've got a template here that if it seems -- here's what I'm going to do as an individual planning commissioner. If it seems to me that essential services personnel should get a preference and the applicant's not offering it, I'm going to hold up this language and say, this is what I'd like to see. MR. YOVANOVICH: I'm going to -- whatever the Planning Commission's desire is, I'd like it to be on a case-by-case basis. CHAIRMAN FRYER: Oh, it certainly will, yeah. We're not -- we're not creating a requirement that there be essential services personnel notification in all cases, because we do operate on a case-by-case basis. But it's nice to have a template, particularly one that's been blessed by the County Attorney's Office, that we can use, and negotiate from there on a case-by-case. All right? Okay. Now, anything further from staff? MR. BOSI: Nothing further from staff. CHAIRMAN FRYER: All right. Then it's time for public comment. Mr. Sabo? Ms. Padron? MR. SABO: Mr. Chairman, there are two public speakers in the room, and then we have about six or seven on Zoom. CHAIRMAN FRYER: All right. Let's start with the ones in the room. MR. SABO: Judy [sic] Ressler and then Doug Brown, you can step up to each podium. CHAIRMAN FRYER: All right. And we've got two podiums up here and two speakers. And I'm going to start by asking you if you've been sworn in. MS. RESSLER-TATRO: I have not. CHAIRMAN FRYER: All right. And the other speaker? MR. BROWN: I have not. CHAIRMAN FRYER: All right. Will both of you rise, and the court reporter will swear you in, please. 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. RESSLER-TATRO: I do. MR. BROWN: I do. CHAIRMAN FRYER: All right. Thank you. 5.A.a Packet Pg. 49 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 45 of 67 Please state your name, and then you have five minutes. MS. RESSLER-TATRO: My name is Jody Ressler-Tatro. I actually don't live at one of the neighboring communities adjacent to this property but I actually live at The Quarry just down the road. Just a couple of comments. One, I applaud the developer for bringing additional affordable housing to Naples. I know it's long been needed, so thank you for doing that. My other comment is I've got to tell you, I felt really encouraged after hearing the discussion that was initiated by Commissioner Shea about the need to understand what's going on with traffic because, since I've been here and attended many of these Planning Commission meetings as well as the County Commissioner meetings, I keep hearing all of these traffic reports being shared, and at one point I remember at the development of Collier and Immokalee a comment being made that there was capacity for 27 more cars. So when I hear about all of these communities being developed east of that activity center, I keep thinking -- and as someone who drives that road all the time -- what happens that there keep -- all of these traffic studies keep suggesting that there's more capacity? So understanding that would be really helpful. I can't wait to see it on the advertisement when it occurs. But the other comment I really want to make and ask you to think seriously about is, with no disrespect to your comment about there's other roads that people with use like Woodcrest, Woodcrest is great, but Massey is not great. And I thought at one point in time I heard that was not even a public road, but I can't speak to that. But the issue is, is that's -- and everything that you're doing with Vanderbilt is great as long as you're going south, okay. If you want to go north, if you're going to the airport, and everybody that's coming from the airport that's heading out towards Ave Maria and all of the growth out there, they're going to be using Immokalee Road until some, probably, other adjustments are made off of I-75, so just take that into consideration, because I've got to tell you, it takes me over 30 minutes just to get to 75 in the morning. And we only talk about the peak hours, but the peak hours and the peak season, which used to be three months, is now six months. And when we talk about essential workers and affordable housing, we're talking about full-time residents. That's it. CHAIRMAN FRYER: Thank you so much. Next registered speaker, please. MR. SABO: Mr. Chairman, it's Doug Brown, and then we have Zoom speakers. CHAIRMAN FRYER: Mr. Brown, go ahead, sir. MR. BROWN: She about -- she about stated everything that I wanted to state. I'm Doug Brown. I've been in this town for 32 years. I've seen a lot. I knew Mr. Yovanovich a long time ago. So I actually don't even live in this proximity, but I work at Heritage Bay, which is actually right next door to The Quarry. I know JLMS [sic] has a western property. I'm not sure where the development is of that or if that's even on the table, but it really has to do with traffic. I highly support low-income housing and the ability to take any one of my 170 employees and find a place within an hour of our establishment, and that's really where it is. Going forward with what Commissioner Shea said. And you're approving to do this -- I don't know what you want to call it -- workshop or talk about the future, that road 5.A.a Packet Pg. 50 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 46 of 67 is as congested as I've ever seen, and I know there's so much going on towards the east that, like you said, you don't have control other than just being able to stamp these to say they will be developed and these homes will go in. So, supportive of the development side of it. We'd love to have a light out in front of our place. That's a whole different topic we can't go to. So thank you very much, sir. CHAIRMAN FRYER: Thank you very much. Now I guess we go to the telephone? MR. SABO: Correct. Mr. Chairman, Felicia Saraceno is the first speaker. CHAIRMAN FRYER: All right. Ms. Saraceno, are you there? MR. SABO: We're asking her to unmute right now, yep. MS. SARACENO: Hi, there. Yes, I'm here. CHAIRMAN FRYER: Would you spell your last name for us. MS. SARACENO: Sure. It is S-a-r-a-c-e-n-o. CHAIRMAN FRYER: Thank you. Go ahead. MS. SARACENO: My question is, is what type of traffic study has been done? Because I travel to get to my home in Ventana Pointe down Massey and Woodcrest on a daily basis during rush hour traffic, and at night I sit at that light for a good 15 minutes before I can turn right onto Immokalee. And with this new project going in, opposed -- you know, you're adding in the one right next to Ventana Pointe, the one right next to La Morada, and then you also have the other properties that are being added in off of Oil Well, off of Terreno and Sky Sail. Everyone's using the same flow of traffic. How is this going to help, adding in another, you know -- what is it going to be? You said 300 cars, but there's going to be more because we have the other building that was just approved on the other side of Naples Classical. CHAIRMAN FRYER: Okay. Thank you for your comment. Who's next? MR. SABO: Mr. Chairman, Krysta Sylvester is next. We're asking her to unmute now. MS. SYLVESTER: Hi. I have a couple of questions. I also live in Ventana Pointe. And I want to bring up a few things that I don't know if a lot of people are thinking about, and if you are, any of us residents in Ventana can probably speak to this. But I understand where you're trying to put the entrance into this community, which would put it right after the light that's at the classical academic, if I'm not mistaken. If that's the case, I can tell you that driving that road every day and going 50, 55 miles an hour, which is what the speed limit is at that point, and trying to get into our deceleration lane into Ventana Pointe is a trip in itself. The traffic is flowing very fast and a high amount, and you almost get hit in the back end just trying to get into our deceleration lane into Ventana Pointe. At the point where you're trying to put an entrance into this community right after that light, several things are going to happen. I don't know how you're going to get people to decelerate fast enough into a deceleration lane that's going to allow proper traffic flow, and what's going to end up happening is you're going to bottleneck. You're going to bottleneck at the light, the light that is already a problem for the school and for everybody that's trying to get home and heading eastward mostly at the end of the day. But, also, the traffic is built up more than I've ever seen it, and I've lived in North Naples for 10 years 5.A.a Packet Pg. 51 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 47 of 67 now. So that is a big issue. I don't know how you intend to have a really good access point into the community at that point. And if you push it any further, how are you going to build a deceleration lane? The other question is regarding the single-story-only buildings that you're allowing to be put up against La Morada. I understand those homes there sell between 1.2, 1.3, and $1.4 million. And I'm in real estate, so I could see that. And they have a really nice buffer there, and now you're agreeing to do single-story only, which is really great for them, but you're not agreeing to do that for us, and we only have a 25-foot buffer. And even if it's a 50-foot buffer, they still have 120 feet between the back of their homes to you. And I want to know why our homes that are mostly single story on that side of our development in Ventana Lane, we're going to be looking at someone, while we're trying to take a shower, into somebody's second story. I don't think that that's adequate. I don't think that's going to work for us. And privacy-wise, even if you put up a couple of trees, a two-story home is still going to be a problem. So I request that we have a larger buffer and that there are only single-story units over there, if that's what you need to do. I understand that's going to change the layout, but I don't think it's going to hurt you that bad. Also, you know, I want to know when is -- if this whole plan gets approved, hypothetically, when are you looking to break ground? Because that's something very important for us. And, also, just going right back real quick to that preserve that I'm asking that -- that buffer to be built up, are you planning on building that before you start construction, or are we going to have to see people all day long through our very, very lackluster wall that we have? Our wall can get blown over by a strong wind. I would -- we would want it to be rebuilt, more structurally sound, and not have the gaps in it that we have. We have about a 2-foot, 3-foot gap behind our house. So we could see what's going on under the fence, and we could see what's going on on top of it. So if you start building, we're going to have to look at that all the time, and that's not what we paid for these homes for. We understand some of us aren't $1.3 million homes, but some of us worked our whole lives to buy these properties. So it's important for us to have the privacy that we think that we deserve if you're going to be putting this type of community behind us. CHAIRMAN FRYER: Thank you very much. Next speaker. MR. SABO: Mr. Chairman, we're -- next speaker's David Nee. He'll be here momentarily. CHAIRMAN FRYER: Would you say that last name again. MR. SABO: David Nee, N-e-e. CHAIRMAN FRYER: N-e-e, thank you. MR. NEE: Yes, can you hear me? CHAIRMAN FRYER: Yes, we can. MR. NEE: Hello. Yes, she touched on most of the points that I was going to note as well. I'm also a Ventana resident. And just a couple other things to note on is, has there been any studies in regards to the animal population being affected by, you know, all this hyperdevelopment in the area? That's just, you know, obviously, one concern with, you know, more accidents on the road with animals running out and also animals interacting with people. So that was one 5.A.a Packet Pg. 52 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 48 of 67 concern that I had. And, obviously, traffic is going to be one of the biggest problems that I can see just putting, you know, over 300 units in there. So those would be my biggest concerns. And then she had touched on the -- you know, obviously having two-story units looking down into the small buffer that we have. So they would obviously be able to see into our homes, and we would be able to see into theirs. So those are my biggest concerns overall about this project, so I just wanted to see if you have any, you know, information you could provide on that. CHAIRMAN FRYER: Thank you very much. Next speaker. MR. SABO: Mr. Chairman, Anthony Cheng is the next speaker. CHAIRMAN FRYER: Okay. Mr. Cheng. MR. CHENG: Hi. Good morning, everyone. I just wanted to touch on some of the points. I'm actually a resident in Ventana Pointe as well, and I have two young children, one at the age of 6, one at the age of 2. And, obviously, the three things that I really want to touch upon are basically what other residents have touched upon as well, which is the privacy and safety of our community, the traffic, as well as the school zone. So for the first point, privacy and safety, my other neighbors have touched upon it, but I just wanted to ask JLM on how they're going to screen the residents, just because it seems like there's going to be -- between the two communities that are being built, it's about 600 residents that are -- or more that are going to be coming in. How are they going to be screened? Because I know that, you know, especially in the past couple weeks or so, there's been a lot of safety concerns to children, especially in the attempts of, like, kidnappings in the area recently. So I just want to make sure that this doesn't expose the kids that are in our community and at the Naples Classical Academy to transient renters who don't necessarily have ties to the area. So I just wanted to really touch upon that. And the other thing that concerns me is that bus stop that's in front because, again, that would bring more transient people into the area. The second thing is the traffic. So 600 people -- or 600 [sic] residences will be built, so it's going to be probably about -- if every unit has one car or two cars, it's going to be probably about a thousand cars. The traffic in that area, as I think one of the other residents at The Quarry maintains, that it was about a half hour to get to the highway. So in order for me to just make that U-turn, it's probably about a 10-minute U-turn -- wait for that U-turn just to start driving towards The Quarry and then onto the -- to the I-75. So it's about a 40-minute drive for me just to get to the highway. So I think, just trying to address the concerns about that U-turn at Wildwood right in front of Bonita Bay, that must be, I guess, brought up, because adding, basically, a thousand cars to make that U-turn is going to be a very hazardous thing. And then the last thing I wanted to discuss is school zoning. So one of the main reasons we bought in this community was because it was zoned for Laurel Oak for the middle school over on Collier. I forget the name of it. And then Gulf Coast -- Gulf Coast High School. I just wanted to make sure that, if it's possible, to have our community basically grandfathered into those schools, because one of the major things and the major reasons I 5.A.a Packet Pg. 53 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 49 of 67 bought in this community and moved from Bonita Springs was to get into these school districts. So I did not want to, you know, then get rezoned to another school that's all the way west towards Orangetree or near Oil Well, because that is going to add, you know, to my commute as well, because I work all the way in Fort Myers. So making that commute and dropping off my kids is going to add extra stress to, basically, me and my family and I know other families in my community. Thank you. CHAIRMAN FRYER: Thank you very much. And, parenthetically, I want to say that just because we're moving quickly serially from one speaker to the next doesn't mean that we're done talking about this. Mr. Yovanovich is going to have an opportunity for rebuttal, and I know he's been taking notes, and we've got staff resources here as well. So these thoughts will be dealt with. Vice Chair Schmitt. COMMISSIONER SCHMITT: Is this -- I'll wait till the last speaker. Is this -- was he the last speaker -- MR. SABO: No, we have a couple more. COMMISSIONER SCHMITT: -- Anthony? Because I've taken notes. I just want to review all of the comments. I'll hold off. CHAIRMAN FRYER: Okay. Next speaker, please. MR. SABO: Next speaker is Michael Saraceno. CHAIRMAN FRYER: All right. Sir, if you -- MR. SARACENO: Can you hear me? CHAIRMAN FRYER: Yes. Would you mind spelling your name for us? MR. SARACENO: Yep. It's S-a-r-a-c-e-n-o. CHAIRMAN FRYER: Thank you. Go ahead, sir. MR. SARACENO: So I am a resident at Ventana Pointe, and I'm also a parent that has a child in the Naples Classical School, so I'm dealing with both the school issue for traffic and my residence for traffic. My concern is this: This company is now presenting this application for 305 homes next to our community, but what's not being spoken about is this same company is currently in application phase for two other locations within a half a mile of this location. So they're looking to put 305 homes on the left of Naples Classical, then they're looking -- and correct me if I have the numbers wrong -- 250 to another 300 homes on the right of Naples Classical, and they're also currently looking at putting 150 homes off of Richards, which is a quarter mile to the left of, you know, this school. So you're talking -- I mean, I'm assuming when residents rent these facilities, we're not assuming it's just one person. It would be, you know, two people or more. So that's 700-plus homes within a quarter mile of one another surrounding a school, which would lead me to believe it would be upwards of over a thousand vehicles if two people own cars in each rental unit. So right now taking my child to the school, the school already has a major traffic issue, and it bottlenecks up onto Immokalee. Every day when we go to the school, morning or afternoon, the traffic is backing up onto Immokalee, causing a traffic jam. And now you're looking at adding, over the next four or five years, over 700 homes, which I believe would generate over a thousand cars. How is that traffic going to 5.A.a Packet Pg. 54 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 50 of 67 be mitigated, and how is the safety of the children in that school going to be mitigated for an accident? And then every one of these communities, all these rentals communities, including Ventana Pointe, all cannot make a left turn out of the community. Everyone has to make a right turn and go up to the turnaround to make a U-turn. Right now, it is almost impossible on busy hours just to get out of the community and cross over three lanes to the far-left lane to make that U-turn. Now we're going to add over 700 rental community -- rental homes, generating at least a thousand more cars. How is the safety and the traffic study showing that all these cars can make a right turn, merge three lanes, and then make a U-turn? And my last question, on the separation for the rental community, what wasn't spoken about is if Collier County stuck to the 10-foot separation, how would that impact the rental communities? Would that be less homes? They're proposing 305, and you gave them the 8-foot separation. If it was increased where it should be to the 10-foot separation, would that reduce the amount of rental homes in that community? CHAIRMAN FRYER: Thank you very much for your comments. Next speaker, please. MR. SABO: Next and last speaker is Kristen Perez. MS. PEREZ: Hello. Thank you so much for taking the time to listen to all of our opinions on this matter. As you can tell, the residents of Ventana Pointe are very concerned about these subdivisions. As a recruiter who has done search in the Naples area, I do understand the need for affordable housing. I don't necessarily think that adding more units is the solution, but that's a topic for another day. My concern, in addition to what my neighbors have talked about, is also to the kids. Anthony mentioned the zoning issue. Laurel Oak Elementary School is a very good elementary school. It is maxed out at capacity. If there are more houses put in, making us closer or farther away from the school, it's going to hurt our children. We're already seeing a serious impact to the transportation for the children. You may not be aware, not only do we have serious shortages of bus drivers in Collier County, but the school buses are arriving to the elementary school late every morning to the point that they have had to move back my daughter's pickup times by 10 minutes just to barely get them to school on time, and this is because of the traffic that we have. I cannot imagine that adding another 300, 600 homes is going to be helpful for our children in this situation. The traffic is unbelievable. And if you have -- if you are making a decision on this and you have not been exiting our neighborhood at 8:00 in the morning, 9:00 in the morning, 4:00 in the afternoon, please do before you make the decision, because you could not, in good conscience, approve this if you had experienced the type of traffic we are dealing with on a daily basis, in addition to being forced to make a U-turn every time we exit the neighborhood. The suggestion about the Massey Road, completely irrelevant here. We would not -- it would not benefit us at all to use that road. We still have to get on Immokalee and make the U-turn. Maybe once in a blue moon could we also then take Massey. Yes, but 5.A.a Packet Pg. 55 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 51 of 67 it's not going to save us any time. It's not going to really mitigate the problem that we have with the traffic on Immokalee. That's really all I wanted to say, but I'm begging you, for our children, please do not approve these housings. CHAIRMAN FRYER: Thank you. Vice Chairman Schmitt. COMMISSIONER SCHMITT: Was that the last speaker? MR. SABO: Mr. Chairman, we got another speaker just now. CHAIRMAN FRYER: Okay. MR. SABO: Sorry about that. Lindsay Krcelic, please. MS. KRCELIC: Yeah. Yes, you said it correctly. It's Krcelic. Thank you. CHAIRMAN FRYER: Can you spell it for me, please? MS. KRCELIC: Sure, happy to. K-r-c-e-l-i-c. CHAIRMAN FRYER: Thank you. Go ahead. MS. KRCELIC: Great. Thank you so much. I am also a resident at Ventana Pointe and just wanted to touch on a few -- one thing that I don't think was brought up. You know, my concerns, of course, are traffic. My daughter goes to daycare. I go down -- east down Immokalee towards 75 and back every day, so I have the same experiences that many of my neighbors have with sitting in extended traffic morning and evening commuting there -- or west, I apologize. I mean west on Immokalee. But the main thing that I wanted to bring up is I am not opposed to affordable housing in the area, but I would ask the committee to review what has already been approved. I know there is an affordable housing community at Collier Boulevard extending north on Immokalee that has already been approved. I don't think that's broken ground yet, so there are already approvals for affordable housing in that area. I also know that many of the surrounding apartment complexes, while might not include affordable housing or only have a small percentage, are not at capacity currently, and that is all within two miles of where this is being proposed. So I think that a bigger picture of looking at what has been built for housing, what has been approved for affordable housing is needed prior to approval of this proposal. CHAIRMAN FRYER: Thank you very much. Mr. Sabo, that's it? MR. SABO: (Indicating.) CHAIRMAN FRYER: That's it. Thank you. We'll start with Vice Chair Schmitt. COMMISSIONER SCHMITT: Yeah. First of all, all the speakers who spoke about issues with the school board and rezoning, that has nothing to do with this -- the Planning Commission. The school board is a separate constitutional; have separate elected officials. As far as the rezoning to accommodate schools and location of where children go, that is certainly -- that's not an issue that we deal with. So I just want to make sure -- the folks who raised that issue, we certainly understand it, but it's -- that is an issue that would have to be brought to the school board which is, of course, a separate -- or separately elected officials. I have several questions regard -- but one of the concerns brought up was Anthony 5.A.a Packet Pg. 56 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 52 of 67 Cheng talked about some kind of an interview. With all due respect to Mr. Cheng, there are federal laws that prohibit -- prohibiting choice of housing. So I don't want to get into anything further than that, but I don't know what he was looking at or what he expected the petitioner to do. Again, I'm not defending this petition, but there were issues brought up about the federal laws. There are laws that -- you have to have fair -- there's a Fair Housing Act. There's other laws that definitely provide for housing. And, again, the folks talked a lot about affordable housing. Well, only 30 percent of the units are affordable. The rest of them are at market. So I just really am puzzled by, again, what I've just heard from the public. I ask Rich if you would -- first of all, there were -- two speakers spoke about the screening and the fence, the fence at -- is it along the -- is it Latana or -- what is that, Vatana Pointe? MR. YOVANOVICH: Ventana. COMMISSIONER SCHMITT: Ventana Pointe. The fence issue may be an issue with their community, not certainly with this petition. So, I mean, that's something that would have to be taken up with that community. But what -- can you pull up on the screen where we're talking about where they want the additional screening or additional -- what the concern is there? MR. YOVANOVICH: I'm assuming they want it here. COMMISSIONER SCHMITT: Okay. Those are the homes to the east of the development, then? MR. YOVANOVICH: Correct. COMMISSIONER SCHMITT: And that -- the screening and buffering right there is -- what's the total distance? It says 25 between -- oh, no, that's the -- is that the -- that's the easement. What's the buffer distance? Twenty-five? MR. YOVANOVICH: Yeah. If you'll allow me -- COMMISSIONER SCHMITT: Yeah, please. MR. YOVANOVICH: -- I've got some comments that may address some of your questions, and if I do -- can I just do some of my -- COMMISSIONER SCHMITT: Yeah, okay. Go ahead. MR. YOVANOVICH: We listened to the public comments, and we have some -- CHAIRMAN FRYER: Before you -- before you launch into that, if you don't mind, I want to see if Commissioner Klucik wants to be heard first. COMMISSIONER KLUCIK: Yes. Thank you. Thank you. I would just ask Mr. Bosi, so right now the owner of this land, by right, they can -- it could be RFMUD, mixed-use? MR. BOSI: It is in the Rural Fringe Mixed-Use District. It's also zoned agricultural. COMMISSIONER KLUCIK: But they could -- they have a right now to put a mixed-use project there? MR. BOSI: We couldn't put a mixed-use project in by the Rural Fringe Mixed-Use District regulations because of the size of the parcel. COMMISSIONER KLUCIK: Okay. MR. BOSI: The parcel wasn't large enough to accommodate -- COMMISSIONER KLUCIK: So it's agriculture. And so what do they have a right to do, just without any changes? 5.A.a Packet Pg. 57 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 53 of 67 MR. BOSI: With no changes, they have the right for one unit per acre -- one unit per five acres in the agricultural zoning district. COMMISSIONER KLUCIK: Okay. But then if they put in a petition -- let's say they put in a petition and it was just normal density, no -- what could they -- what could they actually put here? MR. BOSI: By the -- by the Growth Management Plan and the LDC, they need to utilize TDRs to entitle that one unit per acre, which they are proposing to do, and they are allowed to seek an affordable housing density bonus up to 12.2 units per acre. So they're allowed 12.2 units per acre if they utilized the Affordable Housing Density Bonus Agreement. COMMISSIONER KLUCIK: And that's under the existing Land Development Code, they have a right -- CHAIRMAN FRYER: GMP. COMMISSIONER KLUCIK: -- to bring that project in? MR. BOSI: Correct. COMMISSIONER KLUCIK: Okay. So -- and that would be, generally speaking, all along Immokalee Road there or, no, in that general area? MR. BOSI: If it's in the receiving area, the Rural Fringe Mixed-Use District Receiving Area, that's the allowance that's provided by the Growth Management Plan. COMMISSIONER KLUCIK: And I -- you know, I mean, I hear the concerns about so many people and the traffic and the schools, and hoodlums are going to be -- or, you know, whatever, degenerate people who are going to kidnap our children and all of this, and all I can say is that, obviously, this is an area that's going to be built up, and it could be built up much more densely than what's being proposed. And I just throw that out there to remind people that, you know, people have a right, landowners have a right to develop their land under the code. And this is a very creative proposal that addresses all sorts of things, I think, in a very desirable way. And I like the proposal. And it's very sad to hear people throw out something like, you know, our kids are going to be kidnapped. I get it. I'm a dad. I had seven kids, okay. I have grandchildren now. I'm very concerned about children's welfare. But, like, that doesn't help us to hear. You know, to throw something out like that is not useful. And what's useful is to hear the concerns, but what's -- you know, in reality, those concerns, they can only go so far in governing, you know, the way we, you know, end up coming down on these proposals. Because they put a proposal forward, this proposal -- like I said, we could say -- I suppose there's reasons you could vote no, you know, and it could be disapproved by the county commissioners, but this is -- like I said, this is a very creative proposal that actually seems to me, and I think to many people who wouldn't live right next to -- I think if I lived next to it, I would also think it was a creative proposal. It is a -- and I don't know how you would get much that's better than this unless you said, oh you know, one home per five acres, which is not going to be developed that way. So I just -- I hear all of the concerns that people raised. I, myself, at the behest of someone during our break -- you know, they wanted to hear about the buffer on the other side. You know, I brought that up. I'm concerned about those things. I would like to -- you know, sometimes we get commitments from the petitioner, you know, to do certain things, and those are all things, you know, that we can consider. 5.A.a Packet Pg. 58 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 54 of 67 But there's only so far we can go. And, you know, Commissioner Schmitt already raised the fact that we can't really -- you know, we can't factor in school districts and things like that. And we have to go with the traffic -- you know, what our traffic experts tell us, you know, whether, you know, it meets the code or doesn't, and it meets the code. So we can't really do anything about a lot of these things. It's not because we're callous. It's because, you know, people have a right to develop the land that they own, just like where your house is, someone had the right to do that and go up to the edge, you know, as far as the code allows on the buffer. And I look at that line there, and I think that's all preserve. Like, that's a great buffer. You know, if I was on the other side, I would be, like, wow, we're so lucky we're on this side of the property if you're in Ventana, because there's -- all that hatched area is going to be vegetation. CHAIRMAN FRYER: Thank you. Commissioner Schumacher. COMMISSIONER SCHUMACHER: Two things real quick, Mike, because I'm the rooky up here, so I need clarification. This is zoned agriculture right now? MR. BOSI: Correct. COMMISSIONER SCHUMACHER: So, technically, Rich and his client could come up here without coming before us and do 12-plus units per acre on that, or they have to go through -- MR. BOSI: No, no. They would have to go through -- they have to go through the process to zone the property. It's currently zoned agricultural. COMMISSIONER SCHUMACHER: Okay. Out of the one unit per five acres? COMMISSIONER SCHMITT: Wait a minute. Wait a minute. But the GMP -- this is Rural Fringe Mixed-Use. So the GMP, it's zoned Rural Fringe Mixed-Use. MR. BOSI: Correct. COMMISSIONER SCHMITT: It's ag designated, but it's technically Rural Fringe Mixed-Use District. MR. BOSI: It's ag zoned with the limitation of one unit per five acres. The GMP promotes up to 12.2 units per acre if it has an affordable housing component within that Rural Fringe Mixed-Use District. CHAIRMAN FRYER: That's right. COMMISSIONER SCHMITT: But if they didn't do affordable housing, they could have TDRs and develop this? MR. BOSI: If they didn't utilize any of the provisions for affordable housing, they could go one to one. It would be one unit per acre if they utilized their TDRs. That's what the Rural Fringe Mixed-Use District allows. That's the height -- the Rural Fringe Mixed-Use District allows one unit per acre with the utilization of TDRs, and if you want to do a village within a -- within the Rural Fringe Mixed-Use District, there is a cap of three units per acre, but there's also a requirement for mixed use and a number of different other components that have to be within it. CHAIRMAN FRYER: The Growth Management Plan is designed to alert the public of what the aspirations and hopes and things to be encouraged are within the county, but until you get a rezone in an area like the RFMUD, it's still agricultural, which is one unit per five acres. So any other configuration besides that would still have to come in for a rezone. 5.A.a Packet Pg. 59 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 55 of 67 COMMISSIONER SCHUMACHER: My second question went to one of the callers, and I'll ask Rich this. That preserve area that's already indicated on the east side of that property, with that area that's already matured in itself, that preserve would be left as-is with just removal of the exotics that are there, or are you going to clear the whole thing down and then -- MR. YOVANOVICH: No. COMMISSIONER SCHUMACHER: -- replant? It will be left as-is with exotics removed. MR. YOVANOVICH: Correct. And I put up an exhibit that shows you some of the distances from -- and these distances are not to the house on the east. It's to the property line for the house on the east. So I haven't taken advantage of the setback of where the house actually is. And you can see the distances. You know, you have 124 feet is almost where the yellow arrow is, and then 109 feet kind of where that -- where the buffer gets -- and then it gets a little bit skinnier, but it's still 54 feet wide at the narrowest point, plus they have their own 25-foot buffer. So that's 79 feet before you ge -- and that's at their property line. I don't know how far back their house is. It's -- and then we're going to have a setback on the front. So there's significant distance between the residences in Ventana Pointe and this project. Those distances were not the same on the west side. It was a much narrower -- I think it was roughly half that distance, and that's why we agreed to the one-story on that side of the project. That was -- that was the reasoning for bringing the heights down, because it was much narrower and not quite -- obviously, the buffer was significantly different on the west side of the property. COMMISSIONER SCHUMACHER: And I just wanted clarity, because I know on the east side when you pulled just an aerial off of Google Earth, you can see you've got matured slash pine, a bunch of other. So seeing into the second floor of another unit is going to be hard to come by. MR. YOVANOVICH: You know, we hear that all the time. I mean, realistically, I don't think you have a bunch of peeping toms moving into these units who are trying to -- COMMISSIONER SCHUMACHER: I think the caller's concern was that that foliage would all come down and, therefore, it would just be a barren construction site. MR. YOVANOVICH: The preserve stays. COMMISSIONER SCHUMACHER: Thank you. CHAIRMAN FRYER: Thank you. And to this point, I mean, the last 20 minutes or so, the applicant has been answering questions from the Planning Commission. Now I'm going to close the public comment segment of this hearing and then call upon the applicant to provide rebuttal. COMMISSIONER SCHMITT: Well, I wanted -- CHAIRMAN FRYER: Go ahead. COMMISSIONER SCHMITT: -- Mr. Yovanovich to address some of the issues, but I still have a couple questions to clarify. MR. YOVANOVICH: If I -- let me -- hopefully I'll -- hopefully I'll do most of them. If not -- I'm going to bring Jim Banks up here actually to talk about the traffic because, you know, I could tell you what I think, but he's the professional. And I'll have him up here in a second. A couple of comments -- and one of the benefits of this project, and it's not -- we 5.A.a Packet Pg. 60 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 56 of 67 are both buying TDRs, and we're providing income-restricted units. So we're helping out the people who got a sending lands designation, and we're also providing income-restricted houses for essential service personnel. I didn't hit that at the beginning, but that is one of the things that we are also doing. I think we've talked about the types of people that are going to live in these communities. But just so the people know, the family of four median income is roughly $105,000. That's -- that's a significant income. I'm assuming the speakers were not aware of that when they -- hopefully were not aware of that when they made their comments. Plus, if you've heard, over the many projects we've done for apartments, you do a background check. They do a background check on everybody who's going to move in there. You don't do background checks on who's moving into Ventana Pointe. So you are actually probably getting a better review of who's going to be near you through the approval of this project. This is a creative and innovative project. You're talking about either a standalone one-unit building or a standalone two-unit building that -- I don't think you've seen that yet. I mean, every other project that's come through with an income-restricted cap has been your typical three- or four-story apartment complex. That's not what we're proposing here. There is a tremendous need for people -- forget about income-restricted. There's a tremendous need for people who are not interested -- they're not going to use the income-restricted units for the types of housing we're proposing. Not everybody can afford a single-family home, but they're getting the opportunity to have, basically, a single-family home or will live on one half of a duplex with a tremendous amount of amenities that you wouldn't otherwise have if you had to wait to buy a house in a community, in a subdivision. There are a host of other things I could say about the project, but I want -- I want to have -- yes, there was a study done for plants and critters, and that's been all addressed in our project. I want Jim to come up and talk about the traffic and the decel lane, because I think that's important to the people in Ventana as well as in the other community. The one speaker who said that we've got three projects going on this corridor is not correct. What we call JLM West, a project -- we're not under contract. That project's going to be withdrawn. So JLM West, which is on the other side of La Morada, is not going forward. My client doesn't own or have a contract on the property on the other side of Richards. So this is the only project my client has along Immokalee Road. I think that's the highlights of what was said. I want Jim to come up, and we'll answer any other questions you may have. CHAIRMAN FRYER: Thank you. And we'll certainly hear him, but before we do, I want to look at the clock. Ordinarily we would be breaking for lunch, which provides a court reporter break, as well as a lunch break. If we -- I'll look to the court reporter, if we go another 30 minutes, are we okay without a break? THE COURT REPORTER: (Nods head.) CHAIRMAN FRYER: Okay. Thank you. So if we can wrap it up -- MR. YOVANOVICH: Sure. CHAIRMAN FRYER: -- in 30 minutes, then we will simply postpone our lunch; otherwise, we'll take a lunch break. 5.A.a Packet Pg. 61 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 57 of 67 MR. YOVANOVICH: Before Jim comes up, there was -- my client, during the comment period, you know, they asked, can we have one-story along the Ventana Pointe, which is our east property line. This is my attempt, a very crude attempt, at modifying our master plan. I don't know if you can see. Put it up first. Hopefully you can see the blue line when this comes up, right above the R right here. That's where the preserve gets its narrowest. My client will agree, from that point south, to single-story units. The rest of that area has got a huge preserve. I don't think -- my client is doing that in good faith. I mean, I don't think that there is a compatibility issue, but heard what the people said. And hopefully that will bring them some comfort as to what may happen on that border with their property. And then with that, I'll just -- I'll bring Jim up, if that's okay. CHAIRMAN FRYER: Okay. Thank you. COMMISSIONER SCHMITT: Well, let me ask a couple of questions, then, just to clarify. One of the petitioners [sic] brought up all these other petitions. None of them -- you stated that there's none in the works right now -- MR. YOVANOVICH: I told you -- COMMISSIONER SCHMITT: -- other than -- MR. YOVANOVICH: -- JLM -- COMMISSIONER SCHMITT: Yes. MR. YOVANOVICH: -- this is the only petition. COMMISSIONER SCHMITT: Okay. I am baffled by the fact that somehow this person has knowledge of these other developments. Were they advertised somewhere? MR. YOVANOVICH: There was a petition originally submitted for what I told you was JLM West, which was on the other side of La Morada. It's out of contract. That petition's going to be withdrawn. COMMISSIONER SCHMITT: Okay. MR. YOVANOVICH: It's a great project. It's basically the sister project to this, but it's going to be withdrawn. CHAIRMAN FRYER: It's been a matter of public record. COMMISSIONER SCHMITT: Okay. CHAIRMAN FRYER: Anything else? COMMISSIONER SCHMITT: The other thing is for Jim. I heard a lot about school buses, school buses not being able to make it on time to the schools. I -- from a transportation aspect, part of this is exacerbated by the fact that many parents choose to drive their children to and from school rather than use school buses. That's their prerogative. But I assume -- and, again, that's a question I had for the petitioner as well, that this area will be serviced by school buses? Will school buses be allowed to enter the community -- MR. YOVANOVICH: Yeah. COMMISSIONER SCHMITT: -- and pick up children if a family chooses to use the school bus rather than take their -- use their own transportation? Because if a parent chooses that option, they choose that option with the understanding that they're not, they're not putting their children on the school bus for whatever reason, and they want to transport it, but they're going to put up with the traffic that is created because everybody wants to take their kid to school. MR. YOVANOVICH: School buses will come into the site to pick up kids. 5.A.a Packet Pg. 62 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 58 of 67 COMMISSIONER SCHMITT: Okay. So no prohibition of school buses entering the area? MR. YOVANOVICH: No. COMMISSIONER SCHMITT: So, Jim, from the standpoint -- we heard about the deceleration lane and the traffic. Is there an issue from a traffic management standpoint that you've identified? MR. BANKS: My apologies. For the record again, Jim Banks. Yeah. So one of the questions -- or one of the residents brought up the right turn, how will people enter the right-turn lane to get access to our project? So the right-turn lane is going to be required to be designed based upon a 55-mile-per-hour design speed. So that means that the length of the turn lane will allow you to exit off of Immokalee Road and get into the turn lane, and that's where you begin your deceleration. In this case, the right-turn lane is a free-flow situation. So they also suggested that we would back our traffic up into the school signal where they said their -- at times their traffic backs onto Immokalee Road. Well, I submit to you that our turn lane is a free-flow situation. No one is stopping to come into our project. They have a free flow. There's no other conflict with their access. And our inbound traffic at the highest peak hour of the day is 100 -- because there was a lot of numbers thrown around about a thousand cars or whatever. The inbound traffic during p.m. peak hours is 186 cars. That's three every minute. So it's been 20 seconds' separation between each car coming into our project during the highest peak hour of the day in a free-flow right-turn lane. So our traffic will not back out onto Immokalee, and it certainly will not back up into the traffic signal at the school. Now, any deficiencies that the school has in their design is not our responsibility to solve. But I know that when we were talking to them about possibly using their access, we did volunteer our services to help them come up with maybe a better plan, but that's not gone any further. But, again, I've not witnessed any deficiencies at the school. I'm not saying that there aren't -- that there aren't any, but I'm not aware of them. But whatever deficiency the school has in their access, that's for them to solve. And they do have a signalized access out onto Immokalee Road. So they are controlling their traffic safely coming in and out of that school. So there is not a threat to those children that are arriving in cars/buses due to the traffic because it is under a signalized traffic control. So they do have a very safe means of ingress and egress into the school site. And, again, our project will not impact that. Also, there was questions about somebody saying making a U-turn takes them 10 minutes. I drive on Immokalee Road very often. My parents live in Waterways Estates, and I live to the southwest of that. I live near Pine Ridge and Collier, so I drive this segment quite often, and I've never seen a situation where there's been a significant queue at any of these left-turn lanes where these U-turns are being made. But as a part of our SDP application, we're going to be required to analyze those turn lanes that we're going to impact that we're going to be making U-turns at, and if they need to be extended, then it's going to be an obligation on us, because that's going to be considered a site-related improvement. And there's also several opportunities down the Immokalee Road corridor to make U-turns. So if one U-turn -- if the queue is starting to build up, you have the opportunity 5.A.a Packet Pg. 63 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 59 of 67 to go down to the next intersection to make a U-turn. You don't have to make a U-turn at the nearest left-turn lane to you. So there's other opportunities. There's also traffic signals now; the school just to the east -- just to the west of our site, and there's two other traffic signals -- maybe -- maybe the third one went up -- to the west or -- I'm sorry -- to the east of this location, and that's what creates the gap in the Immokalee Road traffic that allows people to make these U-turns. And most of those traffic signals are running on 90-second to two-minute cycle lengths. So you're creating these gaps every two minutes. So to suggest that you're waiting 10 minutes to make a U-turn on Immokalee Road when you have these traffic signals cycling the traffic every 90 seconds to two minutes to create these gaps, you know, I'll just leave it at that whether that sounds like that's a true event or not that could occur. But, again, because of the way these signals are timed out there, that's what creates these gaps. And as Mike Sawyer said, it's much safer on these four-lane and six-lane roads to have somebody turn out -- make the -- they negotiate -- in this situation, they negotiate the eastbound traffic first, and then -- and then they get the opportunity to wait until they can make the U-turn, and then they negotiate the westbound traffic versus trying to do them both at the same time. So that's why the U-turn situation is more desirable, and that's why the county's gone to these designs because they're much safer than having somebody trying to turn left out on these four- and six-lane roads where there's not a traffic signal. So, again, the U-turn situation is the safest way for these communities to access Immokalee Road unless they have a traffic signal. COMMISSIONER SHEA: Can I ask you a question on that? MR. BANKS: Yes. COMMISSIONER SHEA: So what is the criteria for when the safer approach is overloaded? Obviously, there's a queuing distance, and it starts to back up into the moving lanes. It's kind of the reverse situation where you're talking about the entrance to the school or the entrance to the -- MR. BANKS: Right. COMMISSIONER SHEA: When does it get to the point that it's unsafe? I guess when it exceeds -- the queuing distance isn't there for the traffic load. But is there a number or -- MR. BANKS: If the queuing distance is exceeded, then we have failed in our design of extending these turn lanes. Now, I -- I don't -- I've never -- I'm very conservative, so when I go through the SDP process and we determine how long these left-turn lanes need to be for our U-turns, we're going to go out there and count the traffic that's make those U-turns and see what the queue length is, and then we're going to determine what our demand is on that left-turn lane, and we're going to extend that left-turn lane accordingly to make sure. But I will remind you, there's other locations down the corridor where you can also make a U-turn. And so some people will choose, if they see that the queue is, say, four or five cars, well, I can just drive down to the next intersection that's a quarter mile down and where there's not a queuing issue, and then I'll be able to make my U-turn quicker. So there are other opportunities. We're not impacting a single left-turn lane because we have the opportunity to make U-turns at other locations. But we are 5.A.a Packet Pg. 64 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 60 of 67 responsible to make sure -- the traffic engineers and your staff are responsible in making sure that these left-turn lanes are long enough and they're extended to the length that they need to be. So that's on us. COMMISSIONER SHEA: Is there enough space there to extend it? MR. BANKS: There is, and there's also the Krape Road intersection that's just further to the east, that that left-turn lane could be extended as well if it's necessary. So, again, there's opportunities to do these locations where you can make these improvements to accommodate the U-turn demand. CHAIRMAN FRYER: Commissioner Schumacher. COMMISSIONER SCHUMACHER: I think the concern is that classical school doesn't have buses. They have some private buses, but it's -- a majority of it's pickup and dropoff. So depending on the amount of students at that school -- I don't know if anybody's seeing the backup onto Immokalee, but I believe that's what those residents were complaining about. It's how are you going to get over to the right to make a right-in when that traffic is already backed up down Immokalee Road? I think that was the concern. I'm not asking a question. I'm just trying to state the obvious; that's where the concern is coming from. But, again, that's pickup and dropoff, which is off your peak times. It could be 8:30 in the morning and 4:00 in the afternoon. MR. BANKS: Yeah. And to your point -- the only thing I've ever heard -- and I've not observed it myself -- is they queue up into their right-turn lane coming in. They're not actually out on Immokalee Road. But if somebody says that they've seen them out on Immokalee Road, I can't contradict that. I've just never seen it. But they do have a right-turn lane coming into their school. And, again, if the school has a deficiency in their design -- because I can tell you what the stacking queue is supposed to be. It's the number of students. Every -- for every four students, you need -- you need to queue a car. And I wasn't involved in designing that school. I did the one further out east, and you can see there is no stacking problem at that school because we put in a substantial queuing situation for what we're talking about where most -- where they don't have school buses, and they come and pick up their -- the parents want to pick up their kids. So, again, we can't solve the school's deficiency. That was -- that's on them. But, again, I've not seen vehicles stacking out onto Immokalee Road. I've seen occasionally where there's one or two cars stacked out into the right-turn lane. There was also a question -- I don't know if you want me to get into this or not -- about the overall traffic demand on Immokalee Road and how these improvements that are -- that staff has in order that is going to alleviate -- it's going to make a substantial reduction in traffic that's on Immokalee Road today. If you guys want me to expand upon that about VBR and the fact that we're making the connection to Randall Boulevard so we're going to pull all that -- we're going to have the opportunity for people that are coming on Randall Boulevard to avoid that whole Immokalee intersection. They can come down and get on Vanderbilt Beach Road and use that to travel east and west where also eventually that Vanderbilt Beach Road goes out to Everglades and DeSoto, and that gives the opportunity for all that traffic on Oil Well Road to come down to get on Vanderbilt Beach Road. So there is going to be a substantial shift in the volume of traffic, and that's what Mike Sawyer was trying to -- well, he did explain to you that the model is showing that they're rerunning for this January 23rd meeting which had been 5.A.a Packet Pg. 65 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 61 of 67 called about -- CHAIRMAN FRYER: Does any Planning Commissioner need any further information on traffic? (No response.) MR. BANKS: Okay. Sit down. Give me the hook. CHAIRMAN FRYER: Go ahead, Vice Chairman. COMMISSIONER SCHMITT: I don't have a question for Jim, but I have a follow-up question on schools. I don't know -- Rich, did you want to say something now? MR. YOVANOVICH: No, I was waiting for your question. COMMISSIONER SCHMITT: All right. I know Amy Taylor is not here. She's our school board representative, and she -- though she's not a voting member, she usually comments on school capacity. But I'm going to throw the staff a question and -- for the public standpoint. Could you describe the process that was raised about school overloading that this -- the school board had reviewed this and that capacity was deemed sufficient to allow for this zoning? If you could explain, please. MR. BOSI: Sure. Mike Bosi, zoning director. In the way that we conduct our Concurrency Management System, the school board and the school district is part of that Concurrency Management System. At the rezoning level, they will review the application, look at the number of units that are being proposed, and they'll have a generation of students that are associated with it. They'll look at the existing school district, the school capacity zones, and they'll make an evaluation if there was adequate capacity within the existing designated school as well as the adjacent schools, and they will provide a determination as to whether there's adequacy within that capacity. So for the rezoning, it's only a courtesy. It gets applied at the SDP stage, but they have indicated that there is capacity within the -- within the school zone to be able to accommodate the anticipated load. COMMISSIONER SCHMITT: So, bottom line, no issue with capacity at the existing schools? MR. BOSI: The school district has not provided us any indication they had an objection to the proposed density and the number of units that were associated with this proposal. COMMISSIONER SCHMITT: Okay. Thanks. CHAIRMAN FRYER: Thank you. Mr. Yovanovich, anything further? MR. YOVANOVICH: Yeah, just a couple things. During the break, Mr. Perry and I had a brief discussion about making it very clear that we can only have either a standalone unit or duplex or two-unit building. I think there could be some improvements to the language in number -- on the -- in the PUD. And if I could put it on the visualizer. I have not shared this with Mr. Perry because I was doing it while other people were speaking. His concern was the Growth Management Plan clearly says I can only have one-unit or two-unit buildings. I don't know that that language was prescriptive enough to say that. So I suggest that we say, "rental units limited to single-family detached and attached and duplex-type structures," which would hopefully clarify that those are my only options. 5.A.a Packet Pg. 66 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 62 of 67 The "which may include" could have been interpreted to mean I could have three-unit buildings, four-unit buildings. So we suggest that we clarify that. CHAIRMAN FRYER: Without objection? COMMISSIONER SCHUMACHER: No objection. COMMISSIONER SPARRAZZA: No objection. CHAIRMAN FRYER: Go ahead, sir. MR. YOVANOVICH: And then, also, I think we should add a footnote on Page 4, which is the Development Standards Table, that says that we are required to be 23 feet -- or the building has to be back 23 feet from any sidewalk -- garage. The garage has to be 23 feet back from any -- because that was the concern of making sure the cars can't go over a sidewalk if there's a sidewalk. CHAIRMAN FRYER: Okay. Without objection. COMMISSIONER SCHMITT: Without objection, but that is clearly defined in the LDC, so regardless, you have to have enough space that you can't have a car on the -- blocking the sidewalk. MR. YOVANOVICH: Yeah. CHAIRMAN FRYER: Okay. MR. YOVANOVICH: That's language that's typically in the LDC, but apparently it doesn't apply to an SDP. MR. BOSI: And the only thing staff would request is the modification that's proposed on the screen, would that apply to the GMP language as well? MR. YOVANOVICH: If you need to clarify it there, too, yes. I mean, that was -- I think that's what it kind of says, but if you want to clarify it, that's fine with us. CHAIRMAN FRYER: All right. And I don't think there are any objections to any of that. No one is signaling at this point. Anything further, Mr. Yovanovich? MR. YOVANOVICH: I think we've hit all the comments we wanted to hit. Hopefully we've answered all of your questions, and we respectfully request that you follow staff's recommendation of approval for both the GMPA and the PUD. CHAIRMAN FRYER: Were you about to make a motion? Can I try to state the conditions first, or you got them? COMMISSIONER SCHMITT: Yeah. I wrote them down as well, but -- CHAIRMAN FRYER: Well, you go ahead. COMMISSIONER SCHMITT: I'm going to make a motion to approve Petition 20220003804 and the companion item, 3805, subject to the changes that were identified: The language for the essential services personnel in the PUD document as noted during the meeting; as described by the petitioner, no two-story units as shown on the -- and you just took it off -- the diagram that you -- MR. YOVANOVICH: We'll modify it. COMMISSIONER SCHMITT: -- on the east side as shown on the document that you had on the visualizer -- that was the master plan -- and subject to the changes of the language you just identified; and, lastly, the requirement for the required distance between the garage and the sidewalk or the set -- the front of the building and the sidewalk for adequate parking. I think those were the four I caught. CHAIRMAN FRYER: Okay. One more would be reducing the peak p.m. to 295. 5.A.a Packet Pg. 67 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 63 of 67 COMMISSIONER SCHMITT: Oh, thank you. I thought we had already done that, so thank you. CHAIRMAN FRYER: Yeah. And as an overlay to this -- I mean, we're getting very close to a point where we probably ought to bring the whole thing back to consent, but we've got such huge agendas coming forward that I'm going to propose that these conditions, all five of them, be worked up by staff, the language worked up by staff, then Mr. Yovanovich and I will take a look at them, and if we can agree, no need to bring anything back on consent. Is that -- COMMISSIONER SCHMITT: I would occur that, of course, they -- subject to the review also of the staff attorney. CHAIRMAN FRYER: Oh, yeah. I would include that, yeah. So is that acceptable to the movant? COMMISSIONER SCHMITT: That's acceptable. CHAIRMAN FRYER: Is there a second? COMMISSIONER SCHMITT: So acceptable -- COMMISSIONER SHEA: Second. COMMISSIONER SCHMITT: -- and as proposed. And my -- I amend my petition or my -- or what do you want to call it? I lost -- COMMISSIONER VERNON: Motion. COMMISSIONER SCHMITT: My motion. Thank you. CHAIRMAN FRYER: We've got five conditions. COMMISSIONER SCHMITT: Yes, five conditions. CHAIRMAN FRYER: And that's okay with the seconder? COMMISSIONER SHEA: (Nods head.) CHAIRMAN FRYER: All right. Any further discussion from the Planning Commission? (No response.) CHAIRMAN FRYER: If not, all those in favor, please say aye. COMMISSIONER KLUCIK: Aye. COMMISSIONER VERNON: Aye. COMMISSIONER SHEA: Aye. CHAIRMAN FRYER: Aye. COMMISSIONER SCHMITT: Aye. COMMISSIONER SPARRAZZA: Aye. COMMISSIONER SCHUMACHER: (No verbal response.) CHAIRMAN FRYER: Opposed? (No response.) CHAIRMAN FRYER: It passes unanimously. Thank you, applicant, members of the public, Planning Commission, staff. All right. I'm not aware of any old business. Is there any, Mr. Bosi? No. MR. BOSI: No. CHAIRMAN FRYER: Or I'm not aware of any new -- COMMISSIONER SCHMITT: Can I make a comment? CHAIRMAN FRYER: By all means. COMMISSIONER SCHMITT: We had a lot of discussion about the workshops. Over the years I was the administrator of Community Development, which was a precursor 5.A.a Packet Pg. 68 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 64 of 67 of what is now Growth Management. In my years working with the Planning Commission, I don't recall my time as a planning commissioner ever been in a workshop, but many, many times we had workshops, and they're -- the Board really doesn't have to approve those. We can ask for the workshop. Typically -- and I recall several times that, Ray, didn't we have workshops with the Planning Commission? And oftentimes they were held right at the -- in the Growth Management building, in the room there, to avoid any conflict here. It's -- they were typically publicly advertised, and they're a workshop format. So that's not an issue. We can -- if you-all want to do it, it's a matter of scheduling. I prefer to do it here as part of an agenda item, that way if we don't have a busy -- but if we want to have a workshop to talk about traffic or how they count traffic or those type of things, we can -- we typically have done that in the past with the Planning Commission. COMMISSIONER VERNON: Well, I would -- I would -- I know I'm the one who brought this up or used the word "workshop." So I would -- I'll do either. I'll do a workshop, but I would prefer, as the Vice Chair just said, on a day like today when Mike thinks we'll be done by noon or the Chair thinks we'll be done by noon, then we'll just have an afternoon session, and we'll be here, and it will be more convenient for us. CHAIRMAN FRYER: Thank you. Responding to the Vice Chairman, I certainly see no reason why we shouldn't be the ones to determine whether we have a workshop or not, but there's a little bit of history that has changed, frankly, based upon a change of the Board of County Commissioners. And so I was going to suggest that if we do a free-standing workshop, just to cover ourselves, we run it up through the -- but, I mean, you're right, it ought to be the way you said. So I guess -- I guess the way we leave this is, if you don't mind just checking with senior management to be sure that there is no strong opposition with senior management or the Board of County Commissioners if we decide we want to call a workshop. And I think we should have that authority, but -- and the only reason I'm raising this is because it was questioned a couple of years ago. MR. BOSI: And I most certainly will, but what I've heard, the preference, though, would be to identify a light agenda towards where we could have that -- tack that on. Because you're here, you get the efficiencies associated with it. CHAIRMAN FRYER: That is true unless this is -- this is something that is going to be triggered by the near-term applications such that we should put on a workshop as a special meeting before we hear all these others, and I defer to you on that. COMMISSIONER SCHMITT: You know, if we talk transportation, I mean, we've got two -- two folks involved in -- Norm Trebilcock and Jim Banks are the two preeminent engineers who do traffic studies here in the county, and certainly it would -- each of them may be interested in attending as well, so it would just -- we would just have to notice it so that -- CHAIRMAN FRYER: Yeah. COMMISSIONER SCHMITT: -- so that anybody that had an interest in -- CHAIRMAN FRYER: Oh, clearly. It would be noticed as a meeting either as an agenda item or a separate free-standing workshop. It would get the full-notice treatment. I just -- I'm not -- I don't want a special meeting, but on the other hand, I don't want us to have to deal with the details of traffic in some, let's say, controversial applications 5.A.a Packet Pg. 69 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 65 of 67 that are coming up where we piecemeal instead of having a workshop. And I defer to you. I don't know what the issues are. I haven't looked at the matters yet, but if we need to -- if we need to talk about and think through and have presentations, you know, from people like Trinity before we hear some of these matters, I think, perhaps, we do need a special workshop. MR. BOSI: And that may be the case. I'm not sure if we could make a determination of that right now. I would suggest tune into the January 23rd presentation from Trinity in Growth Management who are going to address these very issues that you're concerned about. CHAIRMAN FRYER: On the 23rd? MR. BOSI: Twenty-third. It's -- when they speak about the moratorium, we are designing a -- we're designing a presentation to start hitting some of these issues, because primarily traffic is the ones that -- traffic on Vanderbilt Beach Road and Immokalee Road are the two areas that are being contemplated for a potential moratorium. CHAIRMAN FRYER: Well, that 23rd of January agenda -- is that our date, the 23rd of January? Board of County Commissioners. MR. BOSI: Board of County Commissioners. CHAIRMAN FRYER: Oh, okay. COMMISSIONER SHEA: That's a Tuesday. CHAIRMAN FRYER: All right. So, I mean, we can always -- we can watch that presentation, and maybe that will give us sufficient education. MR. BOSI: Well, why I was suggesting that is then we could have some further conversation with you as to whether you think that you need that as a workshop or an agenda item or -- you know, just to see if that maybe addresses some of the issues. CHAIRMAN FRYER: Well, let's -- if you wouldn't mind sending an email out to the Planning Commission reminding them that that is going to be coming up in the moratorium discussion on the 23rd so people who want to be educated on it or to be refreshed can watch it, and then we can see whether we need to have a separate free-standing agenda item or workshop on our level. COMMISSIONER SCHMITT: Mike, is that anticipated to be a time-certain issue? MR. BOSI: That I don't know, but I would not be surprised if it is. I can't -- I'll find that out, and as I put -- send a notification, I'll let you know if there is a time-certain specificity. COMMISSIONER SHEA: These are recorded, right, Mike? MR. BOSI: Excuse me? COMMISSIONER SHEA: They're recorded, so I could come the next day and watch it. MR. BOSI: Oh, you'll be able to -- Collier TV, and it skips right to that agenda item without having to go -- to hear the rest of the Planning -- or Board of County Commissioners. CHAIRMAN FRYER: Okay. I'm sorry? COMMISSIONER SCHUMACHER: I'm sorry, Chair. CHAIRMAN FRYER: Go ahead. COMMISSIONER SCHUMACHER: That contemplation of the moratorium, does that affect what's already been approved, or is that only moving forward? 5.A.a Packet Pg. 70 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 66 of 67 CHAIRMAN FRYER: Moving forward. MR. BOSI: Moving forward. CHAIRMAN FRYER: It's like a -- what do they call it? -- a rezone in place, or what is -- MR. BOSI: Zoning in progress. CHAIRMAN FRYER: Zoning in progress. MR. BOSI: But the original discussion was it would only apply to new applications, not applications that are already in-house, but that could change. I'm not -- they haven't indicated that they are going. They just want to talk about the issue as to whether they think there's merit within the idea of advertising for a moratorium to have another public hearing to actually adopt one. So it's really kind of -- so we're trying to give them some background information related to transportation and land-use planning to provide the Board of County Commissioners some additional factors on top of what they hear from the public to see if they want to take that next step. CHAIRMAN FRYER: Okay. Anything further under new business? (No response.) CHAIRMAN FRYER: If not, public comment. I'm just guessing, since there's hardly anyone here, that there's no public -- member of the public who wants to be heard on a matter not on our agenda. So we'll go right to, without objection, adjournment. We're adjourned. ******* 5.A.a Packet Pg. 71 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) January 4, 2024 Page 67 of 67 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:37 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. 5.A.a Packet Pg. 72 Attachment: 01-04-2024 CCPC Meeting Minutes (27756 : 1/4/2024 CCPC Meeting Minutes) 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.1 Doc ID: 27662 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 2.03.01.a.1.c.1 of the Collier County Land Development Code, on property zoned Rural Agricultural district (A) with a Mobile Home Ov erlay (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: 02/01/2024 Prepared by: Title: Principal Planner – Zoning Name: Eric Ortman 01/05/2024 12:04 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/05/2024 12:04 PM Approved By: Review: Planning Commission Diane Lynch Review item Skipped 01/08/2024 2:47 PM Zoning Mike Bosi Division Director Skipped 01/16/2024 4:42 PM Growth Management Community Development Department Diane Lynch GMD Approver Completed 01/16/2024 6:30 PM Operations & Regulatory Management Donna Guitard Review Item Completed 01/17/2024 4:29 PM Zoning James Sabo Review Item Skipped 01/18/2024 1:41 PM Zoning Ray Bellows Review Item Completed 01/18/2024 2:05 PM Zoning Mike Bosi Review Item Completed 01/18/2024 3:52 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 01/25/2024 1:51 PM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 9.A.1 Packet Pg. 73 CU-PL20220006213, SR 846 LAND TRUST MINE Page 1 of 9 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT- PLANNING & REGULATION HEARING DATE: FEBRUARY 1, 2024 SUBJECT: CU-PL20220006213, SR 846 LAND TRUST EARTH MINE ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Applicant: 27TH/Pico Blvd. Ltd. Partnership 1370 South Ocean, LLC 95 North County Rd. 95 North County Rd. Palm Beach, FL. 33480 Palm Beach, FL. 33480 Agents: D. Wayne Arnold Richard Yovanovich, Esq. Q. Grady Minor & Assoc. Coleman, Yovanovich, Koester 3800 Via Del Rey 4001 Tamiami Trai N. Ste 300 Bonita Springs, FL. 34134 Naples, FL. 34103 REQUESTED ACTION: 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 2.03.01.A.1.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 2,560±-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.) 9.A.1.a Packet Pg. 74 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 2 of 9 9.A.1.aPacket Pg. 75Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust CU-PL20220006213, SR 846 LAND TRUST MINE Page 3 of 9 Blast Zone Exhibit ---- -- -- ---- Property Boundary Phase 1 is currently approved; applicant is seeking approval of Phase II 9.A.1.a Packet Pg. 76 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 4 of 9 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 area of blasting, 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, GeoSonic/Vibra-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 for the settlement of 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 under which the mine operates—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 contains the conditions of approval in track changes with justifications for any changes. The conditions have been grouped in similar categories of conditions, 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) 9.A.1.a Packet Pg. 77 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 5 of 9 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 Subject Property 9.A.1.a Packet Pg. 78 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 6 of 9 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 as part of the traffic impact statement that addresses the project’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 Management Services Department staff note: The applicant is aware of the future roadway connection known as Rural Village Boulevard in Map ID#94 of the 2045 Long Range Transportation Plan (LRTP) road corridor and is not proposing mining or blasting within the area that will encompass the future roadway. Once the roadway alignment is finalized, the County will work with the property owner to secure the necessary right-of-way. Transportation Division staff has reviewed the petitions requested 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. 9.A.1.a Packet Pg. 79 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 7 of 9 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 (CCME): 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. 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 2.03.01.B.1.c. of the LDC permits conditional uses in the Estates (E) zoning district. Agricultural uses are permitted by right in the RFMUO-Receiving. LDC §2.03.01.A.1.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 for approval and is consistent with 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 effects. 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 GeoSonic/Vibra-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 9.A.1.a Packet Pg. 80 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 8 of 9 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 that are ejected from a blast being saturated and falling back to earth on the subject property. Fumes generated by the blasting include carbon dioxide (CO2) and, in limited occurrences, nitrates (NO3-), which 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. 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. Some of the equipment may produce a glare by reflecting sunlight at certain times of the day. The buffering, berms, and minimum 1,300 feet to the closest home glare, if any is seen, 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, there 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 projec t 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, in 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 (NIM): 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 most significant concerns were over 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 9.A.1.a Packet Pg. 81 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) CU-PL20220006213, SR 846 LAND TRUST MINE Page 9 of 9 questions but did not seem to make much progress in allying residents’ 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 January 3, 2024. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) 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 of 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 9.A.1.a Packet Pg. 82 Attachment: Staff Report CU-PL20220006213 CAO 1-3-24 (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Attachment 1 Proposed Resolution with Conditions of Approval 9.A.1.b Packet Pg. 83 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOI,UTION NO.24. WHEREAS, the Legislature of the Stale 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, 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 eanhmining, excavation, and related proccssing; and WHEREAS, Resolution No. 99-420 was subsequcntly amended by Resolution Nos. 06- 157 (allou,ing blasting material) and 06-264 (conecting 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- 128 (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-02321/182 1935/l] PL202200062 | 3 - I 0 I | 6 /2023 C.R. 846 Land Trust Earth Mine Page i of2 Qso A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION NO.2OI2-I5, TO AMEND AND EXPAND A CONDITIONAL USE FOR EARTHMINING WITH EXCAVATION, BLASTING, AND PROCESSING OF' MATERIAL, PURSUANT TO SECTION 2.03.01.A.1.c.1 OF THE COI,LIER COUNTY LAND DEVELOPMENT CODE, ON PROPERTY ZONED RURAL AGRICULTURAL DISTRJCT (A) WITH A MOBILE HOME, OVERIAY (MHO), WITHIN THE RURAL FRINGE MIXED USE ZONIN(; OVERLAY DISTRICT (RFMUO) _ RECEIVING LANDS, CONSISTING OF 2,560 ACRES LOCATED AT 16()00 IMMOKALEE ROAD, ON THE EAST SIDE OF IMMOKALN,E ROAD APPROXIMATELY TWO MILE,S 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 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 9.A.1.b Packet Pg. 84 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 (R-FMUO) - 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 hndings that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements goveming the Conditional Use have been met and that satisfactory provision and arrangement have been madc conceming all applicable matlers required by said regulations and in accordance with Subsection 10.08.00.D. ofthe Land Development Code; and WIIEREAS, all interested parties have been given opportunity to be heard by this Board in a public mccting assembled and thc 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 Amold, AICP, of Q. Grady Minor & Associates, P.A. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P,A., representing 27t[/Pico Boulevard Limited Partnership, with respect to the property hercinafter 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 I-ands, pursuant to section 2.03.01.A.1.c.1 ol'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 amcnded accordingly. Exhibits "A", "8", and "C" are attached hereto and incorporated herein by ref'erence. BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution arlopted after motion, second, and super majority votc ofthe Board of Zoning Appeals of Collier County, Florida, this 9th day of January 2024. ATTEST: CRYSTAL K, KINZEL, CLERK By: , Deputy Clerk Approved as to lorm and legality: Derek D. Perry Assistant County Attomey [23-CPS-02321/ l82 r 93sll ] PL202200062t3 - t0 I t6/2023 C.R. 846 Land Trust Earth Mine BOARD OF ZONING APPEALS COLLIER COL]NTY, }-LORIDA Chris Hall, Chairman Attachments: Exhibit "A" - Legal Description Exhibit "B" - Conceptual Master Plan Exhibit "C" - Conditions ofApproval age2of2 e<9 By: 9.A.1.b Packet Pg. 85 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Exhibit 6(A)) Legal Description ALL OF SECTIONS 35 AND 36IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS I AND 2IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD zuGHT.OF-WAY FOR COLINTY ROAD 846 (IMMOKALEE ROAD), COLLIER COLTNTY, FLORIDA. o Yo 9.A.1.b Packet Pg. 86 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Exhibit $B)) Conceptual Master Plan o 9.A.1.b Packet Pg. 87 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) IDt(D d.o o o CE UJ UJ) Y J , BLAST ZONE P SEI NO BLAST ZONE LAST ZONE ? RoJEcT /846 LAND TRUST EART { VIIJ: Cr.tEN'i'/\ i'.15CO''''ro.Loz \ 0420t-c oc \ Wilsilnlu;ilif!,sr tt ed. 6/nrd, . t.t#.. rlr\tr,' . Ltnd.. P.L.^nt.'. ,ltD'frt1t,;.tcnt orrn fibonMilLt, l,c' ttlc ,,Lt tD, tat :!i . t,*.,azt. t ltttttr, ' ,ltt ,r1 rtr ,,. ' ttt ; t'.:tr4U . ,lltl& H ri!6rt .,r R- 845 LAND TRUST t*,\.a.ataa---4 .t\I EXHIBIT "B'' 9.A.1.b Packet Pg. 88 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) UJz )z i rawru larue IL 20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) oz 6'tt@u 4Holtv= o(D5rx,<ur()UJOJO<2v<oJ = ;-t =--UJo- F UIo =ba{ Foi UJ x. UJl!l! J c0 ul o- () @oz 58TH AVE NE J !ot! o- F IUo =b(\ 20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) PROJECT IJJz F!) IFro Uz Fo LFeN BOUNDARY 47TH AVE NE NO BLAST ZONE I - - BLAST ZONE 2000 SCALE: 1" = 2000' WHEN PLOTTEn @ 3.5',X 11 PHASE II BLASTZONE I \ t I PHASE I EXISTING LAKE EDGE OF WATER @(irarll\llnol rli\illlnlinllrs . I in(i Srr\r\oi { C.R. A46 UND TRUST EARTH MINE '.S" ! ,//I 27SC 1 ,100 /')52NO AVE NE o ) I I .l I\ I 0 05 o cBr! rrdrx'tn \Fdbh r t . linds.apt. A.cfi ilr(tr rh Ntfl* 230.390430n BLAST ZONE IXHIBIT REVISED OCTOBER 9. 2023 9.A.1.b Packet Pg. 89 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Exhibit 66C)) Conditions of Approval o'{c 9.A.1.b Packet Pg. 90 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine (P120220006213) This approval is conditioned upon the following stipulations be€ause of the €lese preximity te €elden 6ate Es+€+€s-iF4€+lieF€€t*€+y. 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 Pla n and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 3. To lessen the Dotential for noise, dampenins of the rock crushing equipment shall have attenuation properties/enclosures around the motors of the equipment. lf attenuation enclosures are not able to be achieved for other large equipment, then an earthen berm sha ll be installed around the pumps and equipment; up to the height of the equipment being shielded. (i.e.. if the eouioment is 1O feet hi then a 1O-foot-hish berm i reouired). The L S berm shall be installed within six (6) months of other larse equipment relocation throuahout thesite#. 5. The m in ing operations shall be cond ucted in com pliance with the laws of the State of Florida, Collier Countv Government, and the Federal Government, esoecially as related to safetv standards set forth in the Blastins Resulation of Collier Countv Ordinance No.04-55, as amended The hours of ito eration shall be limited to 7:00A.M. to 6:00 P.r U h Sat . The hou 5 8. Excavation shall occur from the eastern boundarv and work towards the western boundary of the property. kptenber 26, 2023 Conditions of Apptovol 2023-O9-26.docx @ lihll Englncms . l.nnd stlnrn'rr . I'hn 'rs. l"nr.h(al* tffhllrtts l). Crfld! l\tinor & A$$oclales, P.,\. 3800 Via Dcl Rc\. Eonlta Sprlr&s. FL 31134 . 23S.9+7-l 1-14 . cneinccrlng@eradtmlnor.(om . \rltr,t\',gradtmlnor.com Pose l ol6 Conditions of Approval 2. The storm water runoff qualitv will rhsul+not be affected bv *it+the proposed excavation a rea expa nsion. 4. Adequate utilitv, access roads. drainage. and other necessarv facilities alreadv provided shall continue to be maintained. re€eives any e emEl blastinq shall be reRUlated bv stioulation number 2328. 7. The maximum allowable deoth of the excavation shall be 45 feet or to the confining laver. whichever is shallower. (;rad\ \linor oyc 9.A.1.b Packet Pg. 91 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) ENVIRON MENTAL/BU FFERS: 10. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be maintained if,st€++eC along the perimeter of the operation adjacent to the residellljal qlllqllles 11. An approved indigo snake plan is required to be implemented prior to beglnning anv construction including site clearlng. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the ore-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 mltigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required priato exeavaliorl peflDltaBpleve], Ihl! condition applies onlv to expanded Phase 2 area; CondtllAA ltetlgl?haSe 1. 13. An updated llsted species survey less than 5 months q!!l is reqqiledtlor 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 davs prior to commencement of any mininq related activitv throush the life of the oroiect. The a oo licant shall submi t a coov of these surVey5toDeVe|opmentReviewD|VisionDirector@ L4. Vegetated buffers shall be maintained around allwetlands. lf anv ofthese buflerareas dplp! include the minimum required vegetated width, a replanting Blan lvrll be req![ed+!fqr+-€{ the-ex€avatien-permit. TRANSPORTATION oL 9. Upon completion of excavation activities. all buildings, equipment, buffers and berms shall be removed within six (51 months, unless such buildinss and equipment will be used in the reclamation orocess. to insure the noise reduction is addressed. Mulch berms sha ll not be permitted as part of the buffers. 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 reouired bv FDEP Permit #0271820{01. 16. Additional information provided bv FWC staff reearding impacts of blasting on burrowing owl embrvo formation shall be forwarded to the Development Review Division Director4eunty. 17. A one dollar (51.00) per heaw loaded truck exitinp J€n€s-+i+ the site shall be paid semi- annuallv for onqoinq maintenance of countv roads impacted bv the heaw vehicles. This surcharge will exDire when the prooertv is rezoned or the conditional use has been terminated. Septenber 26,202j Co n di t ion s of Ap pro vol 202 3 -O9- 2 6. docx Poge 2 of 5 9.A.1.b Packet Pg. 92 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 18.Each ar 19. The conditional use shall be limited to 800 maximum loaded trips per dav-{€+ik+e limitatien 6n 800 max . L2q-The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3"21-4 5500,000 bond sha ll be set aside for settlement of any claims for structural damages directly resulting from blasting. '1,72. The local damag e contact will be Mr. Barrv Blankenship at (513) 250-7961 ot bblankenship@seusa.co 9.f!.,__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. 6.22!=_Ground vibration shall be allowed up to and notto exceed a calendar monthly average of 0.20 inch per second. 7,15. The maximum load per hole shall be limited to less than 1-00 pounds of explosives per blast. 6, A ene dellar (91, engeing maintenanee of €esnty reads impa€ted by the heavy vehi€les, This sur€harge will expire when the pro the €wner shall preyide a report te the €ellier €eunty Transpertatien Seryi€es Divisien whi€h will inelude the €enditi6n €f the read\,vay adia€ent te the prep€rty entran€e, a€eident repertst ine= o4. (-) Septenber 26, 2023 Conditions of Approval 2023 O9-26.docx Poge 3 ol6 th€+e€ft€+.,-the owner shall provide a report to the Collier Countv Transportation Management Services Deoartment-Bi+iai€f, which will include the condition of the roadway adiacent to the propertv entrance, accident reports, and average dailv and peak hour vehicle trips enterins and exiting the earth mine. BLASTING: $f$-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 1,580. 9.A.1.b Packet Pg. 93 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) iefl-€+€e expan€i€ta= the perimeter ef the 6peratien adia€ent t6 the residential struetures immediately Epen @ +e+ enetesures are net t'e instattea areu ing 17, The mining eperatiens shall be eendueted in eemplianee with the laws ef the State ef Flerida; +m.efid€+ 18, The heurs ef pit te prevent disturban€e neise te the surreunding r€sidential prsperty ewners, lf the €€unty reeeives any esmplaint regarding the neis€ frem the reek ersshing equipment then the heurs hlastine shall be r 1+.2t_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. ?0, The maximum all whieheve+is+hell e+ve+ e++le-prepe*le oSeptembet 26, 2023 Cond itio ns o f App to vo I 2 O23 -O9 - 26. doc x Poge 4 ol6 l5.ll.-Blasting is allowed only within the Blast Zone -P€rmi*+€C-tal<e+€€ as shown on the Blast Zone Exhibit . 9.A.1.b Packet Pg. 94 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) epp+i€e€+b+esp€nsibil+ 2+.?g_During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn A@and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 2oth Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. the Beard ef €eunty €emmissieners as well as these whe transmitted letters ef dissent and i€€s Department-Dire€ter who will meniter werk shall be supplied to Envirenrn€ntal Serviees gepartment staff at the pre construetien me september 26,2023 Co nd iti ons ol A pp rov ol 2 02 3 -09 - 26.doc x Poqe 5 ol6 op be remeved within si)€ (6) menths; unless sueh buildin€s e{id equipment will be used in the reetem€+is+f+e€es+ 30. By Januarv L5th of each vear that the mine is in oDeration. the mine ooerator shall mail all propertv owners within one mile of the mine, requesting contact information should the oropefi owner wish to be notified of when blasting is to occur. At anv time, individual propertv owners mav reouest that their contact informatlon be added to this list of owners. At least 24-hours orior to each blast, the mine ooerator will orovide notices of each blast using two methods of notification orovided bv the prooertv ownerj via mail, email, text or phone cal with the date and time window of the expected blast to this list of owners. 9.A.1.b Packet Pg. 95 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 60 and 180 days prier te €ommen€ernent ef any mi+}iflg related a€tkity threugh the life 6f th€ preje€t, The appli€ant shall subrnit a €opy ef these survey+ te Enviranmental Servi€es Sepa+tf,€€+++a#, in€lude the minimH tle-exeavatien-pe+m+e will be required pri6r te e\eavetion perrnit appreval, i€n+ al, fne water tagte reperted te the €emmsnity Develepment and Envirenmental Serviees Divisien every Mareh €€##it+ee- e+nbrye fermatien sh @ 3+.31.:_Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. 32. No earth minine and/or extractions shalloccur on the SR 8 45 Sendine Lands. DUrsuant to the Hussev Settlement Aareement,Case No. 08-CA-6933. orieinailv aoproved bv Aeenda Dated Februa ry L2,2013,ltem No. 12.B. Septembet 26,2023 Conditions of Approvdl 2023 O9"26.docx Pose 6 016 CAO HUSSEY SETTLEMENT AGREEMENT: 9.A.1.b Packet Pg. 96 Attachment: Attachment 1 - Proposed Resolution with Conditions of Approval (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Attachment 2 Proposed Conditions of Approval in Trach Changes and with Justifications 9.A.1.c Packet Pg. 97 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust SR 846 Land Trust Earth Mine (PL20220006213) Conditions of Approval August 28, 2023 Page 1 of 6 Conditions of Approval 2023-08-15.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 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 should not be affected by with 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-high berm is required). The berm shall be installed within six (6) months of excavating equipment relocation throughout the siteapproval of this conditional use. 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 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 AM. To 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 2328. 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. 9.A.1.c Packet Pg. 98 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 2 of 6 Conditions of Approval 2023-08-15.docx 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 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. 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 survey less than 6 months old is required 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 DirectorEnvironmental Services Department staff. 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 as part of the excavation permit. 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 required by FDEP Permit #0271820-001. 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 County. The information from the FWC shall be provided to the applicant upon receipt. TRANSPORTATION: 17. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit 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. 9.A.1.c Packet Pg. 99 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 3 of 6 Conditions of Approval 2023-08-15.docx 18. Beginning on the first anniversary date of BZA approval and continuing eachEach year thereafter, the owner shall provide a report to the Collier County Transportation Management Services Department 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. 19. 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. 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.comMr. Damon Jones at 239-304-1506 or collieraggregates.com. 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. 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. 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. 9.A.1.c Packet Pg. 100 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 4 of 6 Conditions of Approval 2023-08-15.docx 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. 15.27. Blasting is allowed only within the Blast Zone "Permitted Lake Boundary" as shown on the Blast Zone ExhibitConditional 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 AM. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 19.28 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. 20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 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 lmmokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the 9.A.1.c Packet Pg. 101 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 5 of 6 Conditions of Approval 2023-08-15.docx 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. 25.29. 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. 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 9.A.1.c Packet Pg. 102 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 6 of 6 Conditions of Approval 2023-08-15.docx 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. 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. 37.31. Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. 38.32. Blasting shall be limited to the blast zone depicted on the attached map. 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.B. 9.A.1.c Packet Pg. 103 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust SR 846 Land Trust Earth Mine (PL20220006213) Conditions of Approval Justification August 28, 2023 Page 1 of 9 Conditions of Approval - Justification 2023-08-15.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 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 close proximity to Golden Gate Estates in Collier County. 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 should not be affected by with 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 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 siteapproval of this conditional use. 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 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. 9.A.1.c Packet Pg. 104 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 2 of 9 Conditions of Approval - Justification 2023-08-15.docx 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 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 AM. To 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 2328. 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 layer, 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, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. JUSTIFICATION: Previously approved condition #24. ENVIRONMENTAL/BUFFERS: 10. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be maintained 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. JUSTIFICATION: Previously approved condition #13. The deleted portion of the condition has been met. 9.A.1.c Packet Pg. 105 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 3 of 9 Conditions of Approval - Justification 2023-08-15.docx 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. 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 updated listed species survey less than 6 months old is required 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 DirectorEnvironmental Services Department staff. JUSTIFICATION: Previously approved condition #29. 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 as part of the excavation permit. 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 project 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 County. The information from the FWC shall be provided to the applicant upon receipt. JUSTIFICATION: Previously approved condition #35. The deleted portion of the condition has been met. 9.A.1.c Packet Pg. 106 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 4 of 9 Conditions of Approval - Justification 2023-08-15.docx TRANSPORTATION: 17. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit 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. JUSTIFICATION: Previously approved condition #9. 18. Beginning on the first anniversary date of BZA approval and continuing eachEach year thereafter, the owner shall provide a report to the Collier County Transportation Management Services Department 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. 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 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. JUSTIFICATION: Previously approved condition #23. The deleted portion of the condition has been met. 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.comMr. Damon Jones at 239-304-1506 or collieraggregates.com. 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. 9.A.1.c Packet Pg. 107 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 5 of 9 Conditions of Approval - Justification 2023-08-15.docx 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. 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. JUSTIFICATION: This condition has been moved to the “TRANSPORTATION” section. 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. JUSTIFICATION: This condition has been met. 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. JUSTIFICATION: This condition has been moved to the “TRANSPORTATION” section. 12. The storm water run off quality should not be affected with the proposed excavation area expansion. JUSTIFICATION: This condition has been moved to the “GENERAL CONDITIONS” section. 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. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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. 9.A.1.c Packet Pg. 108 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 6 of 9 Conditions of Approval - Justification 2023-08-15.docx JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 15.27. Blasting is allowed only within the Blast Zone "Permitted Lake Boundary" as shown on the Blast Zone ExhibitConditional 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. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 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. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 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 AM. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 19.28 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. 20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 21. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 9.A.1.c Packet Pg. 109 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 7 of 9 Conditions of Approval - Justification 2023-08-15.docx 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 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. JUSTIFICATION: This condition has been met. 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. JUSTIFICATION: This item was moved to the “TRANSPORTATION” section. 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. JUSTIFICATION: This item was moved to the “GENERAL CONDITIONS” section. 25.29. 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. 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. 9.A.1.c Packet Pg. 110 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 8 of 9 Conditions of Approval - Justification 2023-08-15.docx JUSTIFICATION: This condition has been met. 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. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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 the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 31. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. JUSTIFICATION: This condition has been met. Excavation permit issued. 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. 9.A.1.c Packet Pg. 111 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust August 28, 2023 Page 9 of 9 Conditions of Approval - Justification 2023-08-15.docx JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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. JUSTIFICATION: This item has been deleted because these are all the conditions effecting the CU and contain any conditions from the original CU. 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. JUSTIFICATION: This condition has been met; 5 years have passed. 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. JUSTIFICATION: This condition has been moved to the “ENVIRONMENTAL/BUFFERS” section. 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. JUSTIFICATION: This condition has been met. No further permits needed that require expediting. 37.31. Blasting shall be terminated five (5) years after the expanded Phase 2 excavation permit has been issued. 38.32. Blasting shall be limited to the blast zone depicted on the attached map. JUSTIFICATION: This condition is duplicative, see Condition #27. 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.B. 9.A.1.c Packet Pg. 112 Attachment: Attachment 2 - Proposed Conditions of Approval in Track Changes with Justifications (27662 : PL20220006213 - SR846 Land Trust Attachment 3 Applicant Backup Documentation and NIM Materials 9.A.1.d Packet Pg. 113 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com 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 9.A.1.d Packet Pg. 114 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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.1.d Packet Pg. 115 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 116 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 117 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 118 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 119 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 120 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 121 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 122 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 123 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 124 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 125 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 126 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 127 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine (PL20220006213) Evaluation Criteria February 21, 2023 Page 1 of 2 Evaluation Criteria.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 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 properties are identified on the Conditional Use Site Plan and will remain unchanged. The 9.A.1.d Packet Pg. 128 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) February 21, 2023 Page 2 of 2 Evaluation Criteria.docx 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. 9.A.1.d Packet Pg. 129 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 130 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 131 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 132 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 133 9.A.1.d Packet Pg. 134 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 135 9.A.1.d Packet Pg. 136 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 137 9.A.1.d Packet Pg. 138 9.A.1.d Packet Pg. 139 9.A.1.d Packet Pg. 140 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 141 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 142 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 143 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 144 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 145 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 146 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 147 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 148 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Addressing Checklist (Rev 9/2022)Page 1 of 1 Operations & Regulatory Management Division Ɣ1RUWK+RUVHVKRH'ULYHƔ1DSOHV)/Ɣ-- www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items ŵĂƌŬĞĚǁŝƚŚ;ΎͿare 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: -ΎLOCATION 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 ΎFOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary] ΎLEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. ΎPETITION TYPE (choose from the drop-down list below). A unique checklist must be created for each application. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 00113480009, 00113520008, 00209200009 & 00209240001 35 & 36 / 47 / 27 and 01 & 02 / 48 / 27 CU (Conditional Use) S.R. 846 Land Trust Earth Mine 04-AR-6904 9.A.1.d Packet Pg. 149 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Collier County Property AppraiserProperty Aerial Parcel No 00113480009 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.1.d Packet Pg. 150 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Collier County Property AppraiserProperty Aerial Parcel No 00113520008 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.1.d Packet Pg. 151 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Collier County Property AppraiserProperty Aerial Parcel No 00209200009 SiteAddress*Disclaimer Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.1.d Packet Pg. 152 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Collier County Property AppraiserProperty Aerial Parcel No 00209240001 SiteAddress*Disclaimer 16000IMMOKALEERD Site City NAPLES Site Zone*Note 34120 Open GIS in a New Window with More Features. 9.A.1.d Packet Pg. 153 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 154 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 155 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 156 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 157 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 158 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 159 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 160 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 161 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 162 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 163 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 164 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.dPacket Pg. 165Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLLTION ()<)- 42 : RFSOLUTION PROVIIJI:Wi FOR 1'111' EST.'\IlI.ISIIMENT OF AN I:ARTIIMININ(j. I:XC<\VATION OF FILL \IATI:RIAI CONDITIONAL USE ''I"" IN TilE 'X' RURAL ,,\GRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2,2.2.3. OF TilE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY lOCATED IN SECTIONS 3S ND .1(" TOWNSHIP 47 SOUTH, RANGE 27 EAST AND SECTIONS I AND 2, TOWNSHIP 48 SOUTII, RANeiF 27 EAST, COLLIER CO[ !NTY, FLORIIM. WHERI:AS, the Legislature of the Stale olTIl"ida III Chapler (,7- I 24(" La\\'s or Flonda, and harter 115. 1:lorilla Slatlltc~. has conferred on ('oilier ('ounly 11lc power to estahlish. coordilwlc and nfore!.: loning and such htJsirh:~s regulations:ls .lfe 11t.'(,L'~S;lf'Y r;11" I lit.:: protl'clinll nftlw Pllhlic: and VII FRL/\S. the ('OUIl!Y pursuant thereIn 11;1:; adoplcd a :;:l1d Dcvl'lnplllL'1l1 ('PI Iv (Ordinance No. l)l. J (2) \\'hich Illcludes a ('ol1lprchcl1sin: Zllnlllh'. ()rdinalH ': .:stahlishing rcgul:1tH1l1S fnr the loning orp<lrlicular gL'ograrhic divisions oCthe County', ~lIn{)I1.[' \' hich is the l~rantill~ nrConditinntll tiscs; and VI fER E,\S, lhc ('oIlier ("Ollllty Planning Commission. hl'ing the duly appoinlL'd and constituted planning hoard for the area hcrchy afTected, has held a puhlic hearing after nOlice as in said regulations made IInd rrnvided. and Iws cOllsidcr'L'd tile :JdvisabililY ofCnl1dilion~11 Use "'" of Section 2,2.~..:1. of lhe "A" Rural Agricultural Zoning D' ~trict for carthlllllling on Ihe property !JL'rcin<lncr described, and has rOllnd ;IS a matter of fact (Ex','bit "A") that satisractory provision all,j arrangement have been 11l:1;!c Clll1Ccming all <!ppJicahlc mattl'rs required hy Sllld regulations and in accordance with Subsection 1.".4.4 or the I.and l)c','clopmcnl ('ode for the Collier Connty Planning C\11l111lission; and VllFh:.E/\S, all inter<:stcd parties have heen given opportunity to he heard hy this Board in.1 puhlic meeting <l~sernh1ed <lnd till' Hoard ha\ing cnl1sid~r~d all matters prcscnkd. 010\\', THEREFORE BI: IT RESOLVED, BY Till, BOARD OF ZONING APPEALS or Collier Cnunty, l'lnrida Ihat: The p'.lltion filed by R, Bruce Anderson, Esquire orYoung, Van Asscndcrp, Varnadoc and Anderson, P...\.. representing the SR-S46 Land Trust, with rcspt:ct to the prnpcrty hcn:inaJ1cr described as: Exhibll "13" which is attached hereto alld illcorpor.ltcd by relerellce hcrcin 9.A.1.d Packet Pg. 166 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) h~ and the same is herehy approved for Conditionalllse "I" of Scction 2,2,2,3. of the ",\" Rnral gricultural Zoning District for earthmining in accordancc with the Conceptual Mastl'll'lan (Exhihit C") and suhicctto the following conditions: Exhlhit "D" which is attaehcd hcrcto and incorporaled hy rerercnce herein. BE IT FURTHER RESOLVED thatlhis Rcsolution he record cd in the minules "rlhis Board. This Resolution adopted after motion, second and nlalonly vote, Done this _____3.:r.li-L'_ day of _UO'JE.m20.'i.R., I <)r)rJ. BOARD m lONING AI'PEAL~; COLI.IEll 101 iNTY, FLORID." i . Ii. L I r . BY' j.-'--!__L~_~lL.lL___ f'AMEI,\ S. MACKIE, C~AIRWO;V1A~ A TTF.ST: DWIGHT E. HROCK, Clerk J0.\.~. .i,~.1.~T:i'Q ttiSt It Approved as In I'om, al1d' I'gootJ101 .(J'"t Legal Sufficiency: to Cflal!"W1" only. j.1 ',' .' L..j.....~-"'-..l...a-.....~......... __~......:.....:._..::...~..-4l.. Marj('lric M. Sfudcnl i\ssistant ('{lllllty AU0n1CY iliJdmrn'",cll,,.,:\.( h .'1_1', HI....(II,!'fl'J'< 9.A.1.d Packet Pg. 167 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 13A 2 FINDING OF FACT BY CC;,I.,IER COUNTY ?LANNING C;:.1r~ISSION FOR i CONDITIOIAL USE PETITION FOR r.:'- 'jf) - 1.6 The fol:owing fac:s ~r~ fOIJI1d: Secti'Jl1 2.~:.:_.2.~. of tL,-.:' LuLd De"\/eJ-:)pment :-:ode aU',:~'lorized the ~0nditi0n~1 ~8e. r(3..)ltl~'G ~_hr. ~:0nd:itiC:IV1l ',l~-:;(' ')./J1l nc)' adv(?rsel'f ..:iffE:ct '::he p~lbli(' intJ-~r.::~)~_ ~lnd '/.'ll~ 11Gt: dd'/(-~rsl:;'Y affect ,)ther property r lISC~ irl ~i~0 :la~e riist~.s~ or neir~hhorhood tlecause of: 1\. :'--~onS1Gt~;'C:lr '1llth t..:.h(' :_,,:::.r~d. ]C'/0: :J!Tlen~'. Cod,::, an:! rirowch ~b::~oemen~ P13n: es './ No Ingress and egres~.; to property ,-,od prerposed str1.1ct'Jres thereon 'tilth particu:..ar reEere:1ce ~.o lltomotive and pedestrlan safe''l and c0nvenier~~e, aff:c [12...... and control, and 2.('::('$S in case t':,[ fire or c:atJst~-'~r::he ; Adequate i~gress & egress Yes ,// No J-\ffec':s :-"eighboring ;~roperties in relation to glare/ ~conomic or o':or effects: Nc ~ffect or Affect mitioated by Affect ca..not be mit:::;ated noise, D Compatibility with ~djacent prop~rties and ot~er property l~ the district: Camoatible use ~i'thin dist~ic~ Ye3 L/ No Based (''':1 l~he above :indings, this conditional stlpu12t:lOnS, (copy attached) (~.,11d nul) be approval use should, with recommend:c.rfor r~EMBE'R~ /X'? r/////( / /'~ t!'"c.;~ J Ilf. /'(DATE :':... L__ 1JL~_'~LI f/F'I:mlNG ~,;' ;;"A("T ME~BE~I 9.A.1.d Packet Pg. 168 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1. 3 A - 2~ FINDING OF FAC":' J. R r:OUNTY t)Li\,\,TNI~JC; c.,=~I;MISSIC;N cOR A CONDITIONAL USE ?ETITION FOR 1:.c The fcll::>'ln.nq ~ar.:".:; ;1rF? :cund: Scc~~C:-l h.:it:J-: ;m(~n:-ccl":'Hlt ;'\.)rl7.~.d h('~::::;n(] l. ~ :-,":;[1,] ~_ 'c;;J~. Jrarlti.:-:c....J '::.!-le '.:cndlt.:.iondl ,;~::,. p',lblic ::-Jtr::~r.::st 1:-1-:1 '"rl_l " S(:'~; ; ~i ,- hI'.:> . "I [-;v:: .jl.c~r-: ~: ill net ld'lersely aE~8ct ~he ad"/f.:?'se: j' d f f~ct (Jth~~?- prope~t:1 i ;'/;]r:::i'.: .')rh00d r.Y'I-:AlH.;r-:: 0::: t\. '_;1:,;:::;~;.r!:~c'/ 'd:t.h '_JF:' :,'J: d :'>-:-"/'_'1 i:m(:nt '~"-.d(' a.nc: l :l~~;~mer.'":. s FtI1 : x(_.~ >;c T+:-;2'::; .1r',d '~-:~res~; ':'"; 1,!J)r~~!'::'/ ;:.d pr'Jposf.'d otr~1.~:t'1r~n Lherr~ot: '}/it:h [..ia-:::-t'iC:l (Jr rcfr;r0:-1CC t.c' 1;:::Co:-',otl'l€: and pt.";cc::;t:~:::In sa:c~:,' a,nd :':O;.~fer.leJ""('2, 0_ 1':3.;[1':' 0'1 ')"}l .-3..nd '....;:";;.::~l-':, .-ind.::i ..:C:::.:;5 :_11 cas/? ( :- fire Ol" C0.tasr. r0pr':':"'-,: d~quat.._~Inc~ress es I'~'-" C'~ i -.'-".. - l~~ A[~~~:~; ::~::gtlborir19 ~ r?, ~~cr:ornic or oc J :-Jo affect 0r pertl(:~; In r o::ffects: relation to 1)lSe, f f ec'::. caL:;:~t Aff~ct :1itigated be mit.:.=}ated by 2mpat:bllity with adjacerlt proper=y in the district: mp-3tlble use/lthln Yes :10 pror)crt i es and otr:-~r distl'l,.ct Based 0:: ::.he abo'Je f :.ndings I W;D_::2' OhOd DA TE : _9 It 99 _ tnls conditional 'Jse shoulc:, wi~h should :1ot) be recommendeG for C) ! EM!3ER: 1JML (jj d..d~. FilIDI:~(j FAC,' :~E~~~ r:? / m"ill 9.A.1.d Packet Pg. 169 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) I ,'\-. '-;", . '." "", ~ , " ",. 13f\ 2 FINDING OF' FACT 8Y 00'.:010:P. COUNT"{ ?LANtHNG CCMMISSION FOR A CCNDITIONAL USE PET:TION cOR U. 99-'>S T::e ;=-':)12. )'..ii:",fj ~ J.C:~::; ;:-0 :01J~(~; c:: :'()~l :;, /.,." 0: ',:1~' he cc,~di~~ 1",:-.:1: l~"::e, 1:~/~~ i':c,"/":.,J 'prr,pr.t (~Od0 aut:-.or-i zed ci.:r:. dversely af~9ct :~l~ 3ffect othe~ prope~~~' orhooct b~cat:~?<" of: rdntl:;3 :::1>:::' cc,r:di:';..cn.J~ ;~~':c 1.:t'u:c :..tj:~:'t':=.st '1:-:(1 'Nl.:....1. ,,~l l:': ".;." .~~::r,f.' d:L:~:.:::'-: N 1 J_ J n::_,~ d'/f::,~sC'j n31s~t;:;1C'': ','lith t:,(~ :"I:1d :-:ev'c'''; i)ment "~~Gde o!"lc: 3ro~th :~a~~gement ~~~n: en J () i ::cr.c.>ss aL,j €_~::Jress ::() propc~.t ~/ 1'(lrJ pr'::-JpOS0c1 r.1..j.:::tUt'0:. ~.11l:rC01; ,..Ji:-.:l ;,articl"i,lr refcrr:r.ce "" Jt8mutlv~ ~11d p~dcst!lan safet', a~~ convcnie;~ce, a[fic f10w and con~rol, and a~cess in case ~~ fire or ca.tastrGph~: Adequate ingress Yes cc,ress I ," No L- c.Affects neIghboring! la~o::, economic or 01 10 ;) E feet or Affect r::d~; coperties :n relation to ~oise, yeffects: Idfect mitigated by ___ t be mItigated D. Compatlbilt~Y wIth adjacent properties and other property l~ the district: Compa:lhle use within dist]'ict Yes No Bas'?d 0'. 'c,hc -3bove t indings / stipulations, (copy attached) this conditional use should. with should not.' be ..recommend(-d for 7 EMBER:~::.)/ ,'/;/1:.-.; ...-:.-:,...~, p__ u__ approva~ DATE: ~~~"'-__L._~~/ I F'!::O:llG '.F F,\C7 :-lE~8f.?.1 1P!1_ 9.A.1.d Packet Pg. 170 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1~"~ .:.... i'~' ,',~~ ,~;... '.,. :,.', .... ,c\'. ,"'. '''''./ '.'. I' , " . 13A 2 FINDING eF FACT flY Ce:,LIE" C.UNTY E'LANNING ce11HISSUN FeR A r:eNDITUNAL ')58 PETTTTeN Fe)..: U Ij~ 1 (, T!~i€' rcJ1o\<Jin::: ::act:C:i 'l!."" [o'.l;-jci: Scct:i.Oil 7.,::.2.-:.1. '..::f tlll-' i_,~lj:d i)c':(::~.p:nf~nt (~~_)(i("' (ll,;LL.,::.-i7:cd h0 ~OIlrii~ic~~1 liRe. n.t'.):~"""": ~.~;.... ('c~:d~r::i-'./n,\.~ 'J:C-.;(' ~/.'il1 ;1C:: ,(hJr~:r.'[;(~]Y d[f,_',:::-t. t~v:, p:l~)1.i(_' :_;\~'r.,;(,:-,~_ .1:1(1 ',o,j ~.:; ~-.J:' ;:)d'.'er~3C.~ ',.' 'lffC'c':". ()thCl' I':c_'r;~;r':",: r:;~' \;:-;(","1 1; 1 ~.:-:r:~ ;'.,:tmr.; rli~'l'i.(:t n::.: ::(">i<.:J~',i)()!..-h~-:'(Jrl :-)C'C.l.u::--::,' of: 1-.., (nn::-; 1 st ..-:>qr'j "'/11:h t :V' ;I ,lnr! D("J,'l : IT'.0nt Code i:-Jnc r "")"1/' \---, MA~1 J'1('7(>nl p0:-: Yr::~ V.--o. f>.1 r"l. ,n,:.::::-r;r,[; .:'lnd r~grE'f_;S . c propcrt Y ";d p)'opoEJf:=-l t'UI"~_ljrer-:: ~:ij(~re0:1 ',:ith p,)rti.c:u','ll~ r9f~~r(~nc(.: tc, tll;t 1)!-"/lt:.'lVf: ;lnc. pC'd(>;~.t.l :drl s;)fnt,., t1llc1 (':();'lvcnj_(~i:"(~1 f.;' -:~: f: JU,o/ '3nrl ('C);jt !",) 1, and (1\ '(:'pss i r: ('rISP c;~ [) re Gl~ Cd:: ,);jl,:, T:'Cf-;h"': dcquatr.:..' .:. ~v:::Jrcss Yes VS"'r>N' 00: ;~ ~ _~,_, No c.fer:'}:.':::; r~r'ighboring ~ J] ar/, eC")!1omi c or oc V No affect or noi:::.J0, l..f feet car: operties ill relation to r effects: Affect ,oitirjatecl by lot be mit;tlaLr.:c1 CO!T,p.1~:'u.ility with <ldj?lcent propl P'-"p',rty in the diSYkcri: t: Compatible use' ithin (list:' Yeu No rtlcs and at 1;(':1' ct Br1sed 0:. the i-tb8'.re -[ i ndings, stipulo"innr;, (copy dttached) appn)Va L 0;',1'2: ___'l~tr/JLCj___--- this conditIonal use should. with u,.. H ~~_:}e rOCO~lJ1ended lr m''"''.~llr flF n:C111lCi 0:' ,,",\(.'7 Mr.'~nF.P/ 9.A.1.d Packet Pg. 171 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) l3A 2 FINDING OF FACT BY COl,LIER. COUNTY PLANNING Ce:r1MISSION FOR A CONDITIOl'II'.L USE PET ITIOH FOR 9 -ll~ 7he :C1]0',.oJ1:1'"J fact:; .lr("~ ::J',n":G: 1. Secticr. 2.2.2,].1. 0: .....r.(~ L,i!lti DCV0.l,r, pment ''.::::Jde 3.ui.:-:oriz~d th0 c~']ndltional 'JS0. J. Gran~~~g :he ccndlt:C~dl 'j~C wlll net .1dve~seJy 3ff~ct the r-ubliclrI:.e:-es: rl;!:l '~/i 2..1 :;(~t. ad'.rer8c~ '/ aff~ct 0ther prcper~y J:::- "lS("3 :n ~he ;>1~,€' .,-J.l~3~~-i-'r-:. or nei(j;;[Jorhood becaus'? of: lslste:".C"! ',;~.:~h ~:~:0 L':iIl:..i :jc'Je~ :-,:Ttt"~nt '~orjp Cine r~......~h r~,]r:a.(:;e::\~nt ~)ld~~: f(':'2- __.J..:::~'__. >Jc r.gr~sH d;ld egrf:SF: t,o pr':':"lpcrt:y .t::d prr)posed struc~urA5 thereorl with p~rticu;~r refererlce ~0 a1JlJ-)moti~/e .3nd pec(....st:. ian ~~afec. and ,::onven]_er:r:~, ra:fi(-: fl"J''''' =1nd r:()!1t.:r;'"l:, ,:inri d1"';ef3S in c~as~ of fire or c,J.:i3.:Jtr89flr;: : Adequate ~ngr~ss & 0qres3 V~ " 10 "~__ c. Affects neig~boring ~"op0rties irl relation to :loise, glare, economic or oc Jr effect.s: No affect or _. _ I\ffect mi.tigated by ____ Affect can'lot be rni.tl',lated D, Compatibility With adjacent properties and other prcperty ~n the district: Compat i ble use.......wi thin dist r J.ct e8 ~ No B<1sed 01: the above findings, this conditional use should, with stipulallons, (COl'';'- _l~l:led) hrltClUoHl-not) b,e_ recom11igndeci for approva. [";::' //7 / /-ff DATE: l/;~/f ME~1BEf<0;(! / " cl,{'/l^--,-- f!F':HOtW] Ol. FJiC7 ~EMnF.pl 9.A.1.d Packet Pg. 172 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) l3A 2 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 COU~.JTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" 9.A.1.d Packet Pg. 173 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) I . . .r' . r '3 A t!.ill....' . '. '.-, ---'-'OW-Ill IIItII l rlQ <>...:; hi' ~ H~; W~j~ ~ hl!; ~ m!~!mll(d!,ll:;""II 'Il~ ! ifil!l I Ill,. V' I Hili! ~* I'f,; E.;.,!i~ ~~l? . ~ 11 I r, 1<1 I1'l:\ I \ I 1 I n_ ~ i g I 1l --, ",-..--r::<1 I I~ A-~-'-- . c I ". I h" \ [<1 I!!'!. ~!-l ~l \' I; I (1 _ I, ", " ~"I:" I. c. Ij I, J'\ i\))'" . n./ IJ' I/~.,<-.I~~"",,~L_ Y'jl" t'l ...~/ I Y I ~"-' Ar.'1 , I 1" R r;::;;;:-t:~ ' ... ~ ,'/~I d,\ 11; ~~ 'WJ ", , ~ ~'H'''d 1:'1 J "." L-,r(t, w · - , I--j J. ~~~~ _ ','" > 4 ';~Y.: ~ u:ir ., '\ r f'-./ <<z< ~ "' ", I ( V' ( ~ u~~ ~ - 11I5 t~~:r ~ uS<J .. . '", Q 0.( ~-.4l!~ ~ I j~c.'~' ., , , ~ n ,I 'i."" n I k~;i"-/ ~ J- " __ h '~ I' __- I,; l__ . . j"l~I ~ r ~ ~ - .. ~ .. i'~l~~' fil '. h I ~ ' ..' !i' l'j' 'I i '\.;~ '.. ~ .' ,.'.! l ~l I ~~_.. ::LJ<J I~, i -"~~Y~ -,' ~I I!I.... ill .-~ i.~r..L I ~. 1!1l~1 I W'I. ,JI.:!Ui L{f~r _ .I, 1""(')Hi5ZIiIIo:'l:! Wiute I' x'" . w ~ ~ : t ;ii I ~"I ~"Iuci'" I 6~?; ~~;Iu ~fg~ s; I! hI III III I I Cl Z :J 5E a: I- r: 0I- Za: <( JW co co co c;> a: a: en en9.A.1.dPacket Pg. 174terials (27662 : PL20 1.3 A 2 CQNQIIlON5..9.FJ>EP.BOV lIL CU.'.9_9-=.1 () This approval is conditioned upon the following stipulations requested t:v the Collier County Planning Commission in their public hearing on September 16, 1995. PjaDr1!89_S_,:mces, 2.. The Current Plann;ng Manager, may approve, m;nor ch,1nues in the location. slUng, or he:.~ht of buildingr" structures, and improvements authOrized by the conditional use. Expansion of the uses i:Jantified and approved within Ihis conditional use apr.lication, or major changes to the slle plan submitted as part of this auptication, shall require \lle submittal of -1 new condifion8! use Clpplic.:Jtion, (lnd Sh81f comply with ()ii apr1icab!e CI_.unty ord;nanccs in effect 8: the tinlc of submi!l~I, including Division 3. Site Develoumenl ,)Ian Revievl c;llr! Clpproval, of the Collier Ccunty L?nd De'l(elopment Code. Ordinance Ir'1 102) h The co~ditionaluse appro'.'al shall be reViewed a( the end of five years 10 delerrnine whether addition-3! stipulation'; or mitigati.:m are necessary to Iilsure comp<Jtibillty with other propertit:s in Ihe area and to <Jssure public 11eaIlh, safety and welfare is adequately ilddresscd. Dfwelopment Services staff will use the following stc,rdards in their review and, in the event of the inability of Development Services and applic3nt to agree upon ~dditj(Jn<J1 stipulations or mitigat!or:, the matter will be referred to the BO<Jrd of Zonrng Appe~is using the Land developm8nl Cod~ procedural roqulrer-r,cnl for 3ppcals The standards for review arc: I. At least six mar hs prior to the fifth anniversary of the Board of Zoning appeals "pprovals, <Jppllcant shall submit a noise study Z!cceptable to D"velopment Services staff to determine whether additional berming, landsc<Jpe or buffers are necessary to insure compatibility with adj<Jcent residential structures. II tit least six months prior 10 Ihe flflh anniversary of th,s approval, applicani will submit to Development services a Traffic Study conducted in " manner approved by County Transportation Department that <Jssesses the level of service on County Road 846, the project's impact on county '~oad 846, and any mitigation needed to address (his project's impacts on autc;motive and pedestnan safety along the affected section of the CR. 846, Additional mitigative measures that may be required include: 1) Project contnbution (on a proportional share basis) [0 add signalization or turn lanes for other public roads within this project's Radius of Influence 1- 9.A.1.d Packet Pg. 175 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) ilI r'. . .' , I., I .' .. ~ ' t '. ~ -'. .' .) ..' '~ ~ .' .. .0' 1'3A-2 2) Limitation of haul trips from the project to a maximum of 175 per 2~.hour period. 3) Mitigation of abnormal wear or t'lar caused by Ihls project's use of County Road 8~6 thaI are not addressed bv payment of impact fees c. Traffic counts, conduc,tnd on a quanerly basis. will be provided to Collier County Transportation SerJices in a quarterly report. The trilffic counts will be taken at the project entrance, by direction (inbound and outbound). ane w;!1 De conducted by fifteen-minute increments for 48 consecutive hours. Iraffic counts and the quarter:'; repon will be prOVided for five ye3rs. The n")ed for GGarteriy repone; and counts will be re-evaluated C0!r.crdcnt wi:h the condi!ional use review specified m condition (b) abOVE. rl. Tne applican[ shall be responsible for :;1e costs of enoinepnng analysIs lor a traffiC signal warrant study and fur the tOl81 costs of ar,y signal. The CO'Jnly shall he the sole determiner (If whether or when a sludy and/or slgne" is needed. Further, the applicont :Igrees to the follow;fig additional conditions: 1) /, nonh~ ound right-turn lar'D anel a southbound IdHurn lane will be prOVided at the entmnce with Immokalee Poad. These turn lanes will be sile-related improvemenls, The turn lanes will be deSigned reflective of Immokalee Roa0 as a rural arterial wlth)5 mph design speed, While the minimum storage length desiV. will be based on a rural roadway and 55 mph design spee ,site condition may warrant longer turn lane, 12) f\dvance w,,; nlng signs will be provided on Imm'Jkalee Road, nonh and soulh of the project entrance. A (.)tal of four advanced warning signs, with flashers, will be pro'Jided. The hours that each sign shall flash will be determined by the applicant in consultation with Collier County Transponation Sen.'lces. Warning signs will be placed approximately 700 feet before the entrance both on nonhbound and southbound direcllons. These signs 511all read Caution Trucks Entering Highway 01' some olher warning agreed to by Transponation Services. Additional warning signs will be placed approximately 200 feel before the entrance in both nonhbound and southbound directions The signs shal! read Mine Entrance Ahead or some other warning agreed to by Transponation Services. AI! signs (type, size, location, etc.) shall be consistent with the Manua[ On Uniform Traffic Control Devices, 3) A flashing traffic signal will I)e provided at the intersection of the project entrance and Immokalee Road, Immokalee Road 2- 9.A.1.d Packet Pg. 176 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) I t6- ..Illlli' j A < 2 will have the flashing yellow indication and the project entrance the flashing red, 4) Coincident Nilh the installQtion of the flashing yellow traffic signal, the interseclion will he illuminated with a streetlight. e Houls of operation shall be 7:00 AM to 6:00 PM Monday through Saturday; no excavation or hauIinq operation shall be 3110IVed on Sundays No hlasting 1'1111 he permitted. 9 The excavation shall be Irrniled to a io'Nest possible bottom etevatlon of 25 f',et bel8w existing grade unless n permit modification is applied for through EAC and the Bee and shall he no shallower than 10 feet below eXisting grGde. The exca'lation shall !)(~ limited to a bottom elevation of l.G NGVD. h The petitioner must apply for :', Vegetaticn Removal Permit. Enwonment<J1 steff shall perform a site '/isit to determine tt'f! need for a vegetation Rp.moval Permit and to chrr,,' for any lis led speCies, eJo work shail be done prior to that site visit. A I,;YC littoral zone equivi11ent to 10 pf'fCert of the lake per!!T1eter will be planted pnor to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be prOVided around the pe 'meter of the lake. k Off-site removal of m ,:erial shall be subject to "standard conditions" Imposed by the Tra',sportation Services Division in IIle attached document dated May 2,;. 1988. as amended in January 13, 1098, ProVide all necessary wetland permits prior 10 obtaining thr: vegetaJion removal permit. m Prior to obtainrng Ihe vegetation removal permit that is required in conjunction with the excavation permit, Ihe peJitioner shall provide letters from US Fish iJnd Wildlife Services and the Florida Fish and Wildlife Conservation Commission resolving al! wildlife issues on ~he site, I.e" burrowing alVis, Florida panther, Florida black bear, lVood stork, etc. EXHIBIT "0" j- 9.A.1.d Packet Pg. 177 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 17,A 2- COLl.fER COUNTY TRANSPORTATION SERVICES STANDARD CONDITIONS" EXC\ \'ATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The Intcnl (lfth~sc "Slan(!2rd ('ondilinns" ::r( 10 rro\'ide exc;:,ation rermil applicanl.s a summary of condilions \\'hH.:h Illay affect lhl'ir pro!CCiS :lIid whrch ShOllL! he taken into considcLnic:'In during nli stag('s of proJect dev':lopn::nt: Illlul routes hetween an excav:Jtion site and an arterial road shall be private with property nerls) aprroval or be a public collector road built to standards "pplicab!e to handle the resulting truck trallie. \Vhcrc residcllti::!] arcas front collector roads. appropriate turn Janes. huner and bikepalh sball be Icquired as minimal site improvements and if recommended for approval, shall be so with the condition that the lrtllsportation Ser/ices Administration rC5cr\'cs (he f1~I1! 10 sLlsr,.:nd or prol1ih:! oIT-;-,it(' rcn:o\ .11 of c:\ c;-ivat:;::d l11a:clial should such rl'l11o\'~d create a h~lZJrdous ro~.HJ c,.-melillnn or substanlr;dly deteriorate a rO;ld condition: slIch action bv !h~ Trarsportatinn '-;"rv;ce5 :\d!l1lnlstratioll shall be subje.:! to :tppeal before the Ilcurd (j['C'CUl1ty Cnmmi~:;ioncr;). 2, fbul routes utllizing public ro"ds shall be subject to road maintenance and r'lad repair or ar. appropriale flllr share by the permittee in accordance ,,\'ith Excavation Ordinance No. <) I-I 02 IS dJlH:nded 1)1\. :~.5 and Rjght.()f~\Vay Urdlnillli:c )\'0. f)J_()4. 3. Off-Site removal of excavated mater 1:11 shall be subject to Ordinance :\0. 92-22 (Road Impact Ordinance). :\ traffic and fI',ld impact analysis shall be made by the County to detc'lmine the effects that olT-sile rc .noval of excavated material will have on the road system wltlttn thc excaval;on project',. zone of influence, If appropriate, road impact fees in aC''1rdancc With Ordinance No. ')2.-2.: shall be paid prior tn the issuance .'1' an excavation pC;-':~11. 4. Tit,. Transportation Services Administration reserves Ih'~ right to establish emergency weight 1111l:ts; on public roadways alTected by the off-site removal of excavated material; the prr.(edurc 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 10 implement measures to assure that all heavy truck loadings leaving the penni!'s property conform to the applicable weight restriction, 5, Thc Excavation f'erf,)mlanCe (;uarantee shall apply 10 excavation opcrat1l1i1s and also the maintenancc/fepair of public roads in accordance with current ordinane(:s and applicable pcrTit stipul.ltions, Page One of Two J'.....l,~.....""'""" 9.A.1.d Packet Pg. 178 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1 ,,; A 2~ I,. Ilased Oil sod hortlli.( II1lrJrrnation per Ordinance ~o. 'J t -I 02 as amended, a hlasting pennit may he approl1riak. Should a hl:isting permit r'pplication he suhmitted and should rcsiJc!ltial areas CXlq \\ithin ont.: mile of the cxcav'atioll site, the County rcs'-~r.'cs the right to deny a hlasting pcrr:lil hased on cOl1ccrns for ofT-site :lllpacts from hlasting :1t an excavation sile. Should:t hLhting pem1it he cOllsidered .lI1d :,pprovcd, the minimum condilions of lpprnv;l! 1;1 ;uldll:o!! II) conditio!ls per ()rdin,lIlcc ~o. lil-102 as amended arc as follows: Stfllctur.:,: ~fl" ..:nlr:r:-- flHlllitllrJl1g ,lnd ~lprlica1J1c ;~"OI1l;jly OWl1er rcka 'L CIS rcqllln..' d hy lJ~ !J(",'l:l0r'lll'llt SI.:f\'ICC':i lJircclor, 13. ~""l'Ct!r1ty nfl/Ie! '!!,plic1hlc to pn';;llc prnpcrt;r d;;r!l;l~C <!cccptah1c to tilL' COllnly. IlI~lr,,1 , I 'Ill' dCI1'iJ .1:lIl1h'cr "I' lilaI'Ve'S pC' "idS! h\' 1;1C 1ll'I'cl'JIHTICnt Scr;lecs i)Jr\,.'Clnr, I) i-he n.l'11111f lliL' ("lllltlty !t) ~~\!:;pL'l)(1 ;llld,'Of ["1_'\',1,'..' bl;ISlll1g permIt authority should it ill..: dclcrmln'_'d [hat hlw;ting d('{lvitics ilrc cfclllng L1nacccplahlc on"-site conditions cllhcr Hl tl'rm:; ,~f rri\'ate prnrerly dalTlag'~ and \ r related physical effects of h!:..lsting 1fwratlc'1l\ I. ~l) l'XC;I\':lllon pl'l1lll1 shali he is~;ucd until I"CCl'Jpt .'! a rclc:lsC from the Transportation ScrV1CCS .'\dmiTlistr.\tioll .lrpiicahlc to proper milig;ltllJI1 of ()ff-~itc impu<.:ts, meeting of applic:lh!c prnvi;;;lol1<.; of Ordinance \'t\, 'n-()4. Ordil1JIKC \)n. 1)2-22. and Ordinance No. 1)1.11)2 ;1<.; ;Illwrtdc-t! ReferencL' !elk! III .;: 2.~ :--\ Rc\'iSl'd I .. : ")S Page l\vo of Two rlWl"'._._" 9.A.1.d Packet Pg. 179 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 180 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 181 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 182 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 183 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 184 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 185 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 186 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 187 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 188 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 189 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 190 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 191 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 192 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 193 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 194 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 195 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 196 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 197 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 198 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 199 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 200 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.dPacket Pg. 201Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 9.A.1.dPacket Pg. 202Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 9.A.1.d Packet Pg. 203 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 204 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 205 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 206 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION NO. 06-157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR EARTH MINING WITH EXCA V A TION 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 9.A.1.d Packet Pg. 207 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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-Ou~ day of f:}.C) , 2006. ATTEST: DWIGHT E. ~ROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA rd-k( At'vut Ai too.I1~~uty Clerk 11cl1i!turt onl. Approved as to form 'and legal sufficiency: By: FRANK HALAS, Chairman m ~-1Jt4p . k-:n Jeffrey Klatzkow , l:5' Assistant County Attorney Page 2 of 2 9.A.1.d Packet Pg. 208 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: NoYes 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 <text> l'3.el'lVI'S >r '5c..'VlollV.s Affect cannot be mitigated \ -\<:l'->--< \ c5b 'f---U~~~ +- 6~S:- 1-1 V oAAl.Iv\ ,lfY'" 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 - 0 (,CIWRMAN:~(~ ~Ak- Exhibit A 9.A.1.d Packet Pg. 209 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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~ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: v' 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:1) (fllMEMBER: 1;. 78 9.A.1.d Packet Pg. 210 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) tl 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 Lanrevelopment 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: C. Adequate ingress & egr~s/ Yes \.1 No Affects neighboring properties in relation to noise, glare, economic or odor fits: 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 di7 Yes No Based on the above findings, this conditional use should, with tipulations, (copy attached) should not) be recommended for approval. DATE:12/0 I I MEMBER: jOO 5)e~\Gftl'- 9.A.1.d Packet Pg. 211 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 ~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. MEMBE~DATE: t J I J 6 l.. I 9.A.1.d Packet Pg. 212 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 C. LA-Jl-r-H ItM I 17 tJ IJ ft:.L "5tJ /A. TIt 6tJ JA./J1) Yes V No -nte.tJ ut1J& Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~Affect mitigated by <WIYI;S 4- ~I N~ 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.tJ J J D & I I MEMBER: AJo.-nnL-. ~ (~ 9.A.1.d Packet Pg. 213 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 01 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>,3.€'.<II?",I - r./ CU.E,JJ 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, wi~ stipulations, (copy attached) should not) be recommended for approval. \ r ii, 0' ! f~ Cj ! I l' { r, Ii"' 1 V j f l ! MEMBER: I~vf.uvi I, j ,f >~ DATE: 9.A.1.d Packet Pg. 214 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 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: C. Adequate ingress & egres~ Yes No 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 district Yes ~o Based on the above findings, this conditional use should, with stipulations, (co should not) be recommended for approval. DATE: tf --r de MEMBER: fib" c:::-.e T c:;/ / & ..f' ,/e1' /7/ 9.A.1.d Packet Pg. 215 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1. ';" '" t I 1] 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 L Affect mitigated by <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesX No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: $ ...j.-oL MEMBEC::- ~ 9.A.1.d Packet Pg. 216 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 "8" 9.A.1.d Packet Pg. 217 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) t'!'j i:" C" l Yl xl OJ xl'" -'" t~ ~ 5 6 l" ' xl .. C ; u U1 C t"'-~- c I' " ~ " r ~ ~i= t. 2~ C:> t.. -~~ u~ !~ a HI ; 1 i II ili ,I il ;~ III I~ J' I! ~ h ;1 Ii I t; :lljll:: r<;5 ~ z ~ r 8 ;Q ~ c 2 i ~9.A.1.dPacket Pg. 218Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 B 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. 1. 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. 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 high berm is required). The berm shall be installed within six (6) months of approval ofthis conditional use. 4. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase 1. 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 9.A.1.d Packet Pg. 219 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd 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 r~,,, tl9.A.1.d Packet Pg. 220 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) ri . ."" I" r) 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 9.A.1.d Packet Pg. 221 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION NO. 06- 264 A RESOLUTION OF THE BOARD OF ZONING APPEALS, AMENDING RESOLUTION NO. 06-157, IN ORDER TO CORRECT SCRNENER'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; strike thF<9Wgh text is deleted) I, 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 1 and 2, Township 48 South, Range 27 East. less road right-of-wav for Countv Road 846 Ommokalee Road). Collier County, Florida" 2. All references to the zoning classification of the subject property shall read: Agriculture fAt-:Mobile Home Overlav (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 1'1 C' ,day of~tobc'\' ,2006. ATTEST: DWIGHT E".J.3ROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA lliL~'bc r'\o.:.. C ......,..., ... ......., B~:>2~/ 9.A.1.d Packet Pg. 222 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION 07--2.24.- 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 MAXIM UN 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 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 of2 9.A.1.d Packet Pg. 223 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 1O.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 r-t;;;;;nb./) ,2007. ATTEST: DWIGHT E. BROCK, CLERK By:lll1lli ~,[)( . Attest 1$ , t:;'Clerk S1g111t1n 01 .J. By: latzkow ssistant County Attorney Page 2 of 2 9.A.1.d Packet Pg. 224 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Community Development & Environmental Services Division Department of Zoning & Land Development Review To:Sue Filson, Executive Manager Date: Melissa Zone, Principal Planner .q--- 10/24/2007 p::7 From: 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. 9.A.1.d Packet Pg. 225 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 -.L 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 ~Affectmitigatedby .-~t'pL, I(..:"":~,~c',,JPl\ l.,,; Cc ('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. I I'~ jJu",..........,i"DATE: '.>7 CHAIRMAN: 1 I -,-'" j 'v t~, lvl '." EXHIBIT A 9.A.1.d Packet Pg. 226 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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: 9.A.1.d Packet Pg. 227 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ofthe 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: 'h.{ 0 1--MEMBER: 9.A.1.d Packet Pg. 228 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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: 9.A.1.d Packet Pg. 229 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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. B. Consistency with the Land ,velopment Code and Growth Management Plan: Yes./ No 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: C. Adequate ingress & egress _ Yes I No 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 diSrYes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE:1- 01 MEMBER ~)) 9.A.1.d Packet Pg. 230 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. Section lO.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: 9.A.1.d Packet Pg. 231 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 (j'ACI'I' .', ;,;f \iV-<"' . :t., ii' 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 ShOUl/with stipulations, (copy attached) should not) be recommended for approval. ! I DATE:MEMBER: r~.":e ~)\'\ '\ ,;,~ i" Y 9.A.1.d Packet Pg. 232 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE27EASTANDALLOFSECTIONS1AND2INTOWNSHIP48SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FORCOUNTYROAD846 (IMMOKALEE ROAD), COLLIER COUNTY,FLORIDA. EXHIBIT US" 9.A.1.d Packet Pg. 233 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: C. Adequate ingress & egress / Yes / No Affects neighboring properties in relation to noise, glare, economic or odor effects: bo affect or _ Affect mitigated by Affect cannot be mitigated D.Compatibility with adjacent properties and other property in the district: Compatible use within district YeSLNO_ Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: f?~;; -0 7 MEMBER: 6 c;f /" V ~? c:: /C7/~ 9.A.1.d Packet Pg. 234 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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 adj acent 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: 9.A.1.d Packet Pg. 235 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 X- Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district YesX-- No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: rs - 71- 0 "7 MEMB~ d~-1 9.A.1.d Packet Pg. 236 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ofthe 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: 9.A.1.d Packet Pg. 237 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ~ment Code and Growth Management Plan: Yes l 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: C. Adequate ingress & egress /' Yes / No 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 diS~ Yes' No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: t;. ..'''' L/ , ) MEMBER: ~/ / 9.A.1.d Packet Pg. 238 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 239 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 L 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 ;> t1h 71f :) i71' II L If T/(}~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district j'j. rl--l :;; ?7'ptt L./t r)(!J.,/S Yes L/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: f/~ J {J/ 1 I MEMBER: /( ("f-I'J/I<f. l".'/(itt/l tlfi..J 9.A.1.d Packet Pg. 240 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 241 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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.1.d Packet Pg. 242 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) II)0:: eW00:Jgo00Ni o::~...ct8eN'" OU'" N CU" I .~CU Je'tU UQ.C 1--III~i I ~i i I1111t'IIHI1 'i Ildllll1:::'11.. J I n I IIJ11~~mo il : ! t I'l'iiIl!1_,- I11= I1Ii1I-IIIii, 'I" .. II II II ;"i ,~i i 1 j ! dii' , , , 9iii ! ! !i rh I!! f. II.J II I I ~ ~ 11111151dl I 1 e t- lID9.A.1.dPacket Pg. 243Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 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.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 9.A.1.d Packet Pg. 244 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 malee 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 peale 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 propertieslenclosures 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 9.A.1.d Packet Pg. 245 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 20th Street N.E.; at the eastern property border between 52nd 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 9.A.1.d Packet Pg. 246 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 9.A.1.d Packet Pg. 247 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) II OJ' II NO BLAST ZONE DBLAST ZONE CLIENT: S.R. 846 LAND TRUST EARTH MINE S.R. 846 LAND TRUST Wi/sonMiller M.ooM~'~~~~:Z~~ Planners. Engineers. Ecologists. Surveyors . Landscape Architects . Transportation Consultants SCALE; 1M-1500' OATE: 10/2/2007 FtEVNO: PROJECT: Wi/sonMi/ler, Inc. SEe TWP RGE, 47{48 27 PROJECT NO. 04208-000-000 DRWN l:!YIEMPNO. INDEX NO: 3200 Bailey fane, Suite 200 . Naples, Florida 34105-8507 . Phone 239-649-4040 . Fax 239-263.6494 . Web-Sile www.wilsonmiller,com SHEEr NO: 1 9.A.1.d Packet Pg. 248 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION 99-EO A RESOLUTION PROVIDING FOR TIiEESTABLISHMENTOFANEARTIiMINING_EXCAVATION OF FILL MATERlAL CONDmONALUSE ''I'' IN TIiE "A" RURAL AGRICULTURALZONINGDISTRICTPURSUANTTOSECTION2.2.2.3.OF TIlE COllIER COUNTY LAND DEVELOPMENTCODEFORPROPERTYLOCATEDINSECTIONS35AND36, TOWNSHIP 47 SOUTH, RANGE 27 EASTANDSECTIONSIAND2, TOWNSHIP 48 SOUTH, RANGE27EAS~COLlIERCOUNTY,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 nocossary 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 tho duly appointed and constituted planning hoard for the area hereby affected, has held a public bearin,g after notice as in said regulations made and provided, and bas considered the advisab.lity of Conditional Use "I" of Section 2.2,2.3. of the "AU Rural Agricultural Zoning District for eartbmining on the property hereinafter described, and has found as a matter offact (Exhibit "A") that satisfactory provision and arrangement bave been made concoming all applicable matters required by said regulations and in accordance with Subsoction 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 board by this Board in a public mooting assembled and the Board having considered all matters presented. NOW, TIIEREFORE BE IT RESOLVED, BY TIiE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by R. Broce Anderson, Esquire of Young, Van Asaendorp, Varnadoe and Anderson, PA, representing the SR-846 Land Trust, with respoct to tho property beroinaflor described as: E~.~. which is attached bereto and incorporated byroforonco herein 1- EXHIBIT E 9.A.1.d Packet Pg. 249 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) be and the same is hereby approved for Conditiooal Use "I" of Section 2.2.2.3. of the "A" RwaI Agricultura1 Zoning District for earthmining in accordance with the Conceptual Mast... Plan (Exhibit lIe") and subject to the following conditions: Exhibit "0" which is attached hereto and incorporated by reference herein. BE IT FURTIIER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority Yote. Done this Clt Ttl- day of-N......"'..c.R... 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATtEsT: :.,.,..... DWI(}~)riiROCK, Clerk 1 A~,,\u. J\.(!. w.,:. . Attnt IS to Chlf,.."Approved as. to Form and. 19niture on I,.Legal SuffiCIency: nr;dif~iL?n. /k;,;t1td: MlUjo' M. Studeni Assistant County Attorney g/adminlpetitionICU-519-16I RESOumON 2- 9.A.1.d Packet Pg. 250 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) I ...- ....I I NOt')III ~ IIIIIIAIIIIIiiiiiiiii; i I Iiigi. I zll1 . I ~ I ~ .. I < 1I' 1 r" II~ > IL I 1<8 ii .1 IIIII~ & I OlD I 1I1 B I ~ U Iilllfliu ; , II II I I II LJ I C!J z ! I II: j5 ... i I w ... 4D 4D 4D 4D Ii: Ii: CI) III9.A.1.dPacket Pg. 251Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 CONDmONS OF APPROVAL CU-99-18 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on September 16, 1999. PlanninQ Services' 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 identllled 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, indudlng 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 addtessed. 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 procedurel 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 detennlne whether additional benning, landscape or buffers are necessary to insure compatibility with adjacent residential structures. 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 TrensportaIIon Department that assesses the level of service on County Road 846. the project's impact on county Road 846, and any mitigation needed to address this ~ Jmpacts on autornolMl and pedestrian safety along U. aff8cted. section of the CR. 846. Additional mitigative measures that niay be required Include: II. 1) project contribution (on a proportional share basis) to add signalizatlon or tum lanes for other public roads within this project's Rac:lu of Influence. 1- 9.A.1.d Packet Pg. 252 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 2) Limitation of haul trips from the project 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, conductecl 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 dlreclion (inbound and outbound). and will be conducted by fifteen-minute inaements 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 detenniner 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 Ieft.turn lane will be provided at the entrance with ImmokaleeRoad. 1hese turn lanes will be site-related Improvements. 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 rnph design speed. site condition may wanant longer turn lane. i: 2) Advance warning signs will be provided on Immokalee Road. north and south of the project entrance. A total of four advanced warning signs. with flashers. will. be provided. The hours that eacll sign shaH flash will be determined by the applicant In consultation with Collier County Tra/lItJuI Itllk.n Services. Warning signs will be placed approximately 700 feet before the entrance both on northbound and southbound directions. These signs shaH read Caution Trucks Entering Highway or some other warning agreed to by Transportation Services. Additional warning signs will be placed approximately 200 feet befOIJl..tbe entrance In both northbound and southbound directionl. -me. signs shall read Mine Entrance Ahead or some other warning agreed to by Transportation Services. All signs (type, size. location, etet) shall be consistent with the Manual On Uniform Traffic Control Devices. 3) A flashing traffic signal will be provided at the intersection of the project entrance and Immokalee Road. Immokalee Road 2- 9.A.1.d Packet Pg. 253 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) e. f. g. h. I. j. k. m. 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. 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. No blasting will be pennitted. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a pennlt modification is appHed for through EAC and the BeC and shall be no shallower than 10 feet below existing grade. The excavation shall be limited to a bottom elevation of 1.0 NGVO. The petitioner must apply for a Vegetation Removal Pennil Environmental staff shall perfonn a site visit to detennine the need for a vegetation Removal Pennit and to check for any listed species. No work shall be done prior to that site visit. A lake littoral zone equivalent to 10 percent of the lake perimeter will be planted prior to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. Off-site removal of material shall be subject to "standard conditions" imposed by the Transportation Services ~ivision in the attached document dated May 24,1988, as amended In January 13,1998. I.Provide all necessary wetland permits prior to obtaining the vegetation removal permit. Prior to obtaining the vagetatIon removal pennlt that Is required in conjunction with the excavation permit, the petitioner shaD provide letters from US Fish and Wildlife Services and the Florida Fish and WlIdUfe Conservation Commission resolving all wildlife issues on the site, I.e., burrowing owls, Florida panther, F10ridablack bear, wood storti, etc. EXHIBIT "0" 3- 9.A.1.d Packet Pg. 254 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) COLLIER COUNTY TRANSPORTATION SERVICES STANDARD CONDmONS" EXCA VA TION 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 bikepatb shall be required as rninimal site improvements and ifrecommended for approval, shall be so with the condition that the Transportation Services AdmiDistration 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 project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergcacy weight limi~ on public roadways affected by the off-site removal of excavated material; the procc!dure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight timita 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 res1riction. 4. 5:The ~on Performance Guarantee shall apply to excavation operations and also the maintenan~air of public roads in accordance with current ordinances and applicable permit stipulations. Page One of Two 9.A.1.d Packet Pg. 255 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 6. Based on soil boring infonnation 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 concerns 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 ylo}"'lty owner release II required by the Development Services Director. B. Security bond applicable to private property damage acc:eptable 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 andlor revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in tenns of private property damage andlor related physical effectS of blasting operations. . 7. No excavation permit shall be issued until receipt of a relcasci liOm the TnmaportationServicesAdministrationapplicabletoplOp... 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 1113(98 1 to Page Two of Two 9.A.1.d Packet Pg. 256 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION NO. 06.157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABUSHMENT OF A CONDITIONAL USE FOR EARTH MINlNG WITH EXCA V A TION OF FILL MATERIAL TO A MAXlMUM DEPTII OF 60 FEET, OR TO THE CONFINING SOIL LAYER, WmCHEVER IS LESS, AND BLASTING OF MATERIAL IN AN AGRICULTURE (A) ZONING DISTRICf 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 lO.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 I of2 EXHIBIT F 9.A.1.d Packet Pg. 257 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) pursuant to Section 10.02.03 of the Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "e"), 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~,,:w? day of 9D , 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORIDA At'test at to CIl.I....->4mty Clerk SlqMtun onl,- Approved as to form~and legal sufficiency: By: q r ../' FRANK HALAS, Chairman M pt:.J.J'...:t--~ . h-.. Jeffrey Klatzkow , l5 . Assistant County Attorney Page 2 of 2 9.A.1.d Packet Pg. 258 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) i ;1 j 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> t6 e r 1\0\"'> 'r 5 vV'\.. v s Affect cannot be mitigated \ i''>-<' Ub · f..ll..A~--:' +- c>-'<"\o.A-r s;-hVvVoOv\'v>--. 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: 1/ - f - 0(, C"AlRMAN~~ ~Ak- Exhibit A 9.A.1.d Packet Pg. 259 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: v' 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 fmdings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: t){Its?/" ~?f-IIMEMBER: 78 9.A.1.d Packet Pg. 260 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9 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 Lanievelopment 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: c. Adequate ingress & egr~s/ YesV No Affects neighboring properties in relation to noise, glare, economic or odor efits: 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 di7 Yes No DATE:hJ0 I , MEMBER: oo 5,q~\b't1.f'-- Based on the above findings, this conditional use should, with ipulations, (copy attached) should not) be recommended for approval. 9.A.1.d Packet Pg. 261 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 0 f: 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 <text> Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district L-----""""' Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE:~ 1)6 l..MEMBE~ ~ 9.A.1.d Packet Pg. 262 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 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 wm.J /tDDllldNItL- SJ/A.11tI'x;VfJJ)) Yes ~ No 11ue-tJ ut1J6 Affects neighboring properties in relation to noise, glare, economic or odor effects: c. No affect or ~Affect mitigated by . f)1;S .. ~I N~ 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: t.,J J J Df.. I MEMBER: UfJ--nnL':1!ud. (~ 9.A.1.d Packet Pg. 263 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9 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 0 f: 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>' jE'<I1)~ "t".!cW.J Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -.-L No Based on tbe above findings, this conditional use should, Wi\stiPulatiOnS, (copy attached) should not) be recommended for approval. , I ; , ! ,I I.' .!, DATE: (j! I th MEMBER: j~,.{-l/,,,i I, J I ~wW1 9.A.1.d Packet Pg. 264 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 78 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2006-AR-9699 The following facts are found: I. 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;rlopment 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: C. Adequate ingress & egres~ Yes_ No 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 district Yes ~o Based on the above findings, this conditional use should, with stipulations, (co ched) should not) be recommended for approval. DATE: ~-/ de MEMBER: fi6<:y~T t//~.-t'"......./// 9.A.1.d Packet Pg. 265 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) n 11 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 YesX 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 X No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: tfi ' /;-oL MEMBE . ~ ~ e::::-1. 9.A.1.d Packet Pg. 266 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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. EXHI81T "8" 78 9.A.1.d Packet Pg. 267 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) t"'l 6' l'"l III I II i Ii'~ C; ; 1;5 a ' c c I i l: j k.". __0; ..~1; ,1$:f~.ti>.;.',:fJMjj.'k._~!t~'f"-'ilj(?:"'-'fI "l i~'jl(~4.......IrJ:I'~~'!:. C~;".,. It'""; t i-~ t 1t, i if'. .'" r ;-r.....:-.- I. "! 5 '. 1~~i.. i !I~ '. Ii' jJl II! IiI' il il IIII" 1_, Ii . i f: ?!Il!':~' H Iii ~ ~ l a : i ~ :;: ~ I 1\ ~ F A 9.A.1.dPacket Pg. 268Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 B Collier County Conditions of Auuroval CU-06-AR-9699 This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. I. 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. 3. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation propertieslenclosures 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. S. 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. Ifthe County receives any complaint regarding the noise from the Exhibit D 9.A.1.d Packet Pg. 269 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) r~\ tl'"I' ,; 11 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). II. Excavation shall occur from the eastern boundary and work towards the western boundary ofthe 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 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd 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 ofthe 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 9.A.1.d Packet Pg. 270 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1--'.' d 17. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length oftime that mining will occur on this site. Exhibit D 9.A.1.d Packet Pg. 271 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION NO. 08-~ 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 EXHffiIT D, CONDITIONS, BY REVISING THE NUMBER OF MONTHLY BLASTING ACTIVITIES. WHEREAS, on September 25, 2007, the Board of Zoning Appeals (BZA) approved a conditional use for an expanded earthmining operation (Petition Number CU-04-AR-6904) by Resolution Number 07-274, a copy of which is attached hereto as Exhibit I; and WHEREAS, said conditional use approval was made subject to several conditions attached and made a part of Resolution Number 07-274 as Exhibit D thereof; and 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 WHEREAS, on April 22, 2008, staff did bring back the earth mining conditional use for BZA review and the BZA did review it; and WHEREAS, the BZA as a result of its review and hearing on the matter determined that certain changes to said Exhibit D conditions where necessary; and WHEREAS, this Resolution amends Resolution Number 07-274 attached hereto as Exhibit I with a revised Exhibit D attached hereto as Exhibit 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: Exhibit D of Resolution Number 07-274 is amended to read as set forth on the revised Exhibit D attached hereto as Exhibit 2 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, this il day of fil'ar 2008. ATTEST: DwightE..~ To~;perk i,::~ BOARD OF ZONING APPEALS COLL~R YJNTY, F ORIDA. By: .~'fJt.- TOM HENNING, CHAIRMA By~e~.as -,r' .rillUiY Clerk lfMatIft.l~' Appro~a:4sto'foqn'~' and legal si.tffic:lency: JiiiL-'-"(VlAA.- JY). ,~ ~~ MarjorieJM. Student-Stirling Assistant County Attorney MMSS - amending Reso. No. 07-274 I Words stnlell tilrsligil are deleted; words underlined are added. 9.A.1.d Packet Pg. 272 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Collier Countv 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.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 db!. 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 stnlell tilrougil are deleted; words underlined are added. 9.A.1.d Packet Pg. 273 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum of eigiltesH (18) blasts 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. 6. 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 stfllek tilnJllgil are deleted; words underlined are added. 9.A.1.d Packet Pg. 274 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 eigilteeH (18) times a eight (8) days \ler 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 20th Street N.E.; at the eastern property border between 52nd 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, Exhibit D of Resolution 07-274 - revised 5-1-08 MMSS Exhibit 2 Words stroell tilrotlgil are deleted; words underlined are added. 9.A.1.d Packet Pg. 275 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 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. 4]. 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 struell tilroHgil are deleted; words underlined are added. 9.A.1.d Packet Pg. 276 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION 07-.ilA- 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, WHICHEYER IS LESS. AND BLASTING OF MATERlAL IN A RURAL AGRICULTURAL- MOBILE HOME OYERLA Y (A-MHO). IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IY. 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 estabhshing regulations for the zoning of particular geogr.!phic divisions of the County. among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, hy 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 1s 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. LLe, has filed Petition No. CU-2004-AR-6904. seeking to ex lend 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 I of2 Exhibit 1 17 pages) 9.A.1.d Packet Pg. 277 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 10.08.00.0. 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 RESOLYED BY The Board Of Zoning Appeals Of Collier County, Florida, that: I) The petition filed by R. Bruce Anderson, Esq. of Roetze1 & 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 "e") 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 RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote, this ~day of pto:;mb/J ,2007. A TIEST: DWIGlIT E. BROCK, CLERK t'Clerk BOARD OF ZONING APPEALS LL~~~ J S COLETIA. Chalrman Page 2 of2 9.A.1.d Packet Pg. 278 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ease of fire or catastrophe: Adequate ingress & egress Yes i/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affeet mitigated by .~~t, pt., I,.. :"d':~'~<I,J"'l' t. "; CC I~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. 1+ 0> it \..)0_____DATE: el)7 1 CHAIRMAN: j. ',u. , EXHIBIT A 9.A.1.d Packet Pg. 279 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. Section 10.08 ofthe 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 referenee to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire 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 Affeet 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: 'h..t 01-MEMBER: 9.A.1.d Packet Pg. 280 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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. B. Consistency with the Lan7d Development Code and Growth Management Plan: Yes No 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 offire or catastrophe: C. Adequate ingress & egress . Yes I No 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 diSfVes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE:01 MEMBER ~~f 9.A.1.d Packet Pg. 281 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 YesL No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 1/' h;,' ,,'f' \" 'll; ","1' I No affect or .\L..,Affectmitigatedby L"\\'II,',\,., ,., '-Ie' , .' . 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 ShOUI/With stipulations, (copy attached) should not) be recommended for approval. /I I I I DATE:MEMBER: C~:f>i, .J: ;'.l~'~ ') -;:~ . I 9.A.1.d Packet Pg. 282 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 D~lopment Code and Growth Management Plan: YesL 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: C. Adequate ingress & egress / Yes / No Affects neighboring properties in relation to noise, glare, economic or odor effects: ho affect or _ Affect mitigated by Affect cannot be mitigated D.Compatibility with adjacent properties and other property in the district: Compatible use within district YeSLNO_ Based on the above findings, this conditional use should, with stipulations, (copy attaehed) should not) be recommended for approval. DATE: ;? -;l -() 7 MEMBER, f):6 C;;f;- V,,?- c:- /"C7-/~ 9.A.1.d Packet Pg. 283 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the publie 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 --',t!: 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 -y:: No C. Affeets neighboring properties in relation to noise, glare, economic or odor effects : No affect or X- Affect mitigated by Affect eannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes -Ii.- No Based on the above findings, this eonditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: rr - 71- 0"7 MEMB~ _ 2~ 9.A.1.d Packet Pg. 284 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 publie interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land ~inent Code and Growth Management Plan: Yes L 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: c. Adequate ingress & egress /' Yes L No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~// No affect or _ Affeet mitigated by Affect cannot be mitigated D.Compatibility with adjacent properties and other property in the district: Compatible use within diS~ Yes ____ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: C'I ,. , MEMBER: y' 9.A.1.d Packet Pg. 285 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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 aeeess 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 > Mh rn :) n P 1I L tI TI(}~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district J'il-l ::.: /l.f'u L/~ rJ(JJ../~ Yes tl No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE:f/~ / ()/ I f MEMBER: /1 (.;nd,f. 1:"..//( 'ti/, tl~"----,, 9.A.1.d Packet Pg. 286 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 "8" 9.A.1.d Packet Pg. 287 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) It: E!enWoo::l i! c Cf.... I' g~N;:::: c!;..'"Qt;ia iU let;; Ul1.C 1[1i !iIIIi; ,IIHIII! ~ 1111111II ,It! nlll Ijlll~~m.ll i ! ~Iii, 'III i i i i lidIi' · , , I Iii i I ! !i ~ j;'l~41IQ'jllIII u III i9.A.1.dPacket Pg. 288Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 Collier County Conditions of Approval CU-04-AR-6904 Land Trnst Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. I. 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 baek 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 db!. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D 9.A.1.d Packet Pg. 289 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 reduetion is addressed. Mulch berms shall not be permitted as part ofthe 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 IO 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 AM. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D 9.A.1.d Packet Pg. 290 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 23. The hours of blasting shall be limited to 9:00 AM. 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 shan be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shan occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shan 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 shan 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 20th Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. 30. A pre-blasting survey shall be taken for an 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 ftled 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 9.A.1.d Packet Pg. 291 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to eommencement 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 Mareh 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 oftime 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 9.A.1.d Packet Pg. 292 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) NO BLAST ZONE DBLAST ZONE CLIENT: S.R. 846 LAND TRUST EARTH MINE S.R. 846 LAND TRUST PROJECT: J\lJo..~~'""'" WilSlinMiller -...~.._~ P/IMJWt . Etlg/t1,,,, . Ecologist. . Surwyors . Lllnd.c.". ArchnKfJ . Tr.t1lportatlon COtlsultlrltt. WI/sonMiIIsr, Inc. SC.o.lE;O.l.TE: 10/2/2007 IIt\lJolO: 32Df B.III,l1n., StlIt.101 . NIP"', FllHid.3411$-1$07 . P/IoM 239-t14!1-4rWI . Fu 23J-2U.6.ff4 . W.b-Sl/fo lI'lI'll'.lI'IIfomtlIItr.",m 1~=150o' Ee: ~ Rafe 47/46 27 PIIOJEcr..o. 04206-000-000 OI'l....N8VIE"''''NO. INDEItNO; SI1EHNO; 9.A.1.d Packet Pg. 293 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 MA TERIAL IN A RURAL AGRICUL TURAL 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, APPROXIMA TEL Y 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 ofthe 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 9.A.1.d Packet Pg. 294 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ofthis 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 ofthe 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 9.A.1.d Packet Pg. 295 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 Board. This Resolution adopted after motion, second and super-majority vote, this ~ day of be~,2008. ATTEST: e" tJ " BOARD OF ZONING APPEALS L~ rY' LORID~ TOM HENNING, Chairma DWIGHT-E. BROCK, Clerk Approved as to form and legal sufficit;;ncy: r -7'" j . Steven T. Williams Assistant County Attorney CP\08-CPS-00872\Reso 3 9.A.1.d Packet Pg. 296 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) FTh1>INGS 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: I. 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 i.,/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~Affectmitigatedby ..~t,pt, i(..c' LhS /\~.'l(JPl\ ~'ti Cc('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. DATE: 9:), ."u1 CHAIRMAN:l.......' '_' f J.. I . _'>lL~ 1 DIIBll A 9.A.1.d Packet Pg. 297 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 298 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: I. 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: Adeq uate 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: 'J~{ 0 1-MEMBER: 9.A.1.d Packet Pg. 299 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 300 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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. B. Consistency with the Lan7d Development Code and Growth Management Plan: Yes No 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: c. Adequate ingress & egress , Yes I No 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: Compa1ible use within dlSrYes_ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE:MEMBER: ~~~ 9.A.1.d Packet Pg. 301 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 302 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: N fi '/Affi" db "' IP,r1",;,.,' ,..:r: \,j ,;.....".':'\1\' 0 af ect or ~ ect mItigate y (.1 "" \1""_, t .\' (\. t ,I. 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 shou~/with stipulations, (copy attached) should not) be recommended for approval. ! DATE:MEMBER: ol:r~" '.1: ;'.J}~ '5;~~ ' 9.A.1.d Packet Pg. 303 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE27EASTANDALLOFSECTIONS1AND2INTOWNSHIP48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD ~46 (IMMOKALEE, ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT UB" 9.A.1.d Packet Pg. 304 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 D~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 fITe or catastrophe: C. Adequate ingress & egress / Yes/ No Affects neighboring properties in relation to noise, glare, economic or odor effects : bo affect or _ Affect mitigated by Affect cannot be mitigated D.Compatibility with adjacent properties and other property in the district: Compatible use within district YeSLNO_ Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: ~~;J -{;I 7 MEMBER: ~ :::.---) 6 ~ / V r--c::, c: /'O/~ 9.A.1.d Packet Pg. 305 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 adj acent 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: 9.A.1.d Packet Pg. 306 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 P- Affect mitigated by 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: 8, 7!- 01 MEMBC2?-::~ 9.A.1.d Packet Pg. 307 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 308 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ~inent Code and Growth Management Plan: Yes l 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: c. Adequate ingress & egress /' Yes;/' No Affects neighboring properties i;.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 diS~ . Yes~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE: J..--~ L / MEMBER: //,,/ / 9.A.1.d Packet Pg. 309 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 310 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: YesL 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 ;> !Ah 111 ~) i7 P lllli TI (,I~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L/ J. i7-1 ::. /1 f ll' L /1 (7 (J 1./-:2 No Based on the above findings, this conditional use should, with stipulations, (copy attached) should not) be recommended for approval. DATE .f!~J{)J I MEMBER: /( (f- ??..It[.. 1:,,:0I! /f ('t;./J t<-~'L/ 9.A.1.d Packet Pg. 311 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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: 9.A.1.d Packet Pg. 312 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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), COLUER COUNTY, FLORIDA. EXHIBIT "8" 9.A.1.d Packet Pg. 313 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PROJECT:S.R. 846 LAND TRUST EARTH MINE S.R. 846 LAND TRUSTCLIENT: Ur"~ WilsonMiller ~_. k.'_._1Q PlltIlIIfft . f111/n,,,. . Ec%g~', . SUlVlyors . landICIpI AtchltfClt . TWlspotfafllm COMun.nll W1lsonMi/lff. Inc. 3200 B,1Ity /IIn" Sui" 20' . HIP"', Florid. 34/0$.1$117 . I'~o.. 239.f4.-404, . Fu 23J-2U-UH . Wtb-Sff. _,....,._IIftr,c,.. Attachment "C" NO BLAST ZONE D BLAST ZONE S~OATE: 10/2/2007 REV NO: 1.=1500' SEe: NP "Of. 47/48 27 PROJE.CT NQ, 04208-000-000 DRWN 'YI€MP NO. INOEx NO: SHEfT NO: 1 0# 1 9.A.1.d Packet Pg. 314 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1::Q)uC':S9.A.1.dPacket Pg. 315Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 I ~4 ~ 8 :; ~i ~ 6 ~ ~ a ~ ~ iii '" ~ " ~ 5 j ~ i ~ II[il!:! ~ It fi~ 'tlI(il ~11"1I~ II. 1 .~ d! III 1::g9.A.1.dPacket Pg. 316Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 Collier County Conditions of Avvroval 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.]onesmmmg.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 db!. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D 9.A.1.d Packet Pg. 317 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ofthis 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 0 9.A.1.d Packet Pg. 318 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 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. 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 9.A.1.d Packet Pg. 319 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 9.A.1.d Packet Pg. 320 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUITON 99-.,!!O A RESOLUTION PROVIDING FOR mEESTABLISHMENTOFANEARTIIMlNING_EXCA V A nON OF FILL MATERIAL CONDmONALUSE "I" IN THE "A" RURAL AGRICULTURALZONINGDISTRICTPURSUANTTOSECTION2.2.2.3.OF THE COLLIER COUNTY LAND DEVELOPMENTCODEFORPROPERTYLOCATEDINSECTIONS3SAND36, TOWNSHlP 47 SOUTH, RANGE 27 EASTANDSECTIONSIAND2, TOWNSHIP 48 SOUTH,RANGE 27 EAST, COLLlER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, LawaofFlorida, 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 publici 8Dd 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 hearin,8 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 amngementhavebeenmadeconcerningallapplicablemattersrequiredbysaidregulationsandinaccordau.c:e 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. Bmce Anderson, Esquire ofYouns, Van Aueaderp, Vamadoe and Anderson, P .A, representing the SR-846 Land Trost, with respect to the property hereinafter described as: which is attached hereto and incorpo~ by.reference herein r4:;:. Attachment "E" 1- 9.A.1.d Packet Pg. 321 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining in accordanco with the Conceptual Master Plan (ExJu'bit C") and subject to the following conditions: Exhibit "0" 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 cst TIi. day of -N-,~rw..a..2... 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA A 1i'ES:r:" ;.~~'\ DWI9:trr)~:'l!ROCK. Clerk 1 Q;~::~~:~~.~~\.... J).~ . Attest I' to Olaf....,Approved as. to FOIDl andSfgnaturt onl,.Legal SufficIency: lyttt~.iL?n. 1Jt;,1'-d MlUjo' M. Student Assistant County Attorney gfadminlpedllllll/CU.99-I6I RESOLUTIONU J.;:...... 2- 9.A.1.d Packet Pg. 322 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) l!..- f i:IINIlV)II 111111. II ..ill .. II;iiiiill Iii~ i ~ IIhI !..I ll~ I rii i' IiiI~ i I II ~ 11 " 1.1...1111 II I I I I i G · lI' .. CD CD d: iCD9.A.1.dPacket Pg. 323Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 RESOLUTION NO. 06-157 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR EARTH MINING WITH EXCA V A TION OF FILL MATERIAL TO A MAXIMUM DEPTII 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 AIL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COlLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COUJER 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 Aorida 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 10.08.00.0. 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 I of2 Attachment "F" 9.A.1.d Packet Pg. 324 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 ~,U1i2.. day of g.<!;J , 2006. ATTEST: DWIGHT E. .BROCK, Clerk BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA t>slk AUnt at toCN 1 ""'~uty Clerk 1Qno1tur. onl. Approved as to form'and legal sufficiency: By:2~/ FRANK HALAS, Chairman fc7-.. Jeffrey Klatzkow ., L::5 ' Assistant County Attorney Page 2 of2 or- iiR~- 9.A.1.d Packet Pg. 325 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) RESOLUTION 07--2.2L A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WmCH ALLOWS FOR EARTH MINING WITH EXCA V A TION OF FILL MATERIAL TO A MAXIM UN 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 AI'.'D 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. APPROXIMA TEL Y 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 (rMMOKALEE 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 ex.isting Conditional Use; and Page 1 of 2 Exhibit G 9.A.1.d Packet Pg. 326 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 1O.0S.DO.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 incorpoT'dted 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 Horne 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 pt;;:;m~/), ,2007. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLL~R CO NTY, "".2".4',/ By: -~ J MES COLETr A, Chairman Page 2 of 2 9.A.1.d Packet Pg. 327 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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. 200441, 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, 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 propertywhichisthesubjectofthisconditionalusere- 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 9.A.1.d Packet Pg. 328 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 99-420 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. 99- 420, 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 Tmst, 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 after 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 Conunission previously has found as a matter 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 Land Developmettt 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: CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/ 17/12 2 of 3 9.A.1.d Packet Pg. 329 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1. Petition Number CUR PL2011 -1177 filed by R Bruce Anderson, Esquire of Roetwl & 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 acomlanoe with the Conceptual Master Plan desmbed in Exhr 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 dU T Clerk 1' r: Lt'•= 4,5 r rf' Approved as;t6 form and legal sufficiency: lam Steven T. Williams Assistant County Attorney BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA IIL4 LJ BY: . CJ,- Attachments: Exhibit A — Legal Description Exhibit B — Master Plan Exhibit C — Conditions of Approval CP: 1 I -CPS-0 l 1 18\15 CUR- PL2011 -1177 / SR 846 Land Trust Rev. 1/17/ 12 3 of 3 FRED W. COYLE, Chairm 9.A.1.d Packet Pg. 330 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) L L:- Ga =.L. DESCRIPTION ALL OF SECTIONS 35) At,1D 35 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FORCOUNTYROAD846, (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "A" 9.A.1.d Packet Pg. 331 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PROJECT. S.R. 846 LAND TRUST EART'A M(t,1 CLIENT: S.R. 846 LAND TRUST C -W r Pi—m. Eip omw • Fcolapleb • Jurvryon. L+ndl:-p#kchn;c7 fnnrpwtallan CanluMen4 WTlsonMille7, '.ac. 11001riry Wc, J 4101 • Nr04 r, Fwrfl Sl feSeJ07 • P 1aw I701l1:O r1 • Ff! ;74:17 -NN • AY1Jhi wr, NramYW.ns EXHIBIT "B" -.- NO BLAST ZONE BLAST ZONE 7'1500' DATE 0;-2Y2007 47148 27 oea •.a 8 -000 -000 1 1 9.A.1.d Packet Pg. 332 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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. 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 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" 9.A.1.d Packet Pg. 333 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 Il. 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 9.A.1.d Packet Pg. 334 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd 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 EngineeringServicesDepartmentDirector. 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 9.A.1.d Packet Pg. 335 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 9.A.1.d Packet Pg. 336 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 337 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 338 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 339 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 340 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 341 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 342 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 343 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 344 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 345 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 346 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 347 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 1 of 14 846 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 9.A.1.d Packet Pg. 348 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 2 of 14 Blasting Evaluation 846 Mine, LLC February 18, 2023 EXECUTIVE SUMMARY 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. 9.A.1.d Packet Pg. 349 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 3 of 14 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. 9.A.1.d Packet Pg. 350 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 4 of 14 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. 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 Explosive detonates. Detonation Pressure crushes surrounding rock, creates fractures Gas pressure expands cracks Gas creates movement of face. Pressure is released, cracking stops Free Face 9.A.1.d Packet Pg. 351 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 5 of 14 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 geometric ally. 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 percept ible 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. 9.A.1.d Packet Pg. 352 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 6 of 14 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. 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. USBM RI 8507 - Appendix B – Alternative Blast Level Criteria 9.A.1.d Packet Pg. 353 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 7 of 14 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 manufacturer s 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 9.A.1.d Packet Pg. 354 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 8 of 14 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 r ock 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 studies1 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:mote™ 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 16th Street N. E. and 20th Street N.E., and the third at the eastern property border between 52nd Avenue N.E. and 58th 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. 9.A.1.d Packet Pg. 355 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 9 of 14 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.2 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. 2 69A-2.024 Construction Materials Mining Activities, Florida Statutes 9.A.1.d Packet Pg. 356 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 10 of 14 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. 9.A.1.d Packet Pg. 357 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 11 of 14 For this specific site the formula generated is as follows: PPV = 3.45 (D/√W)-.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. 9.A.1.d Packet Pg. 358 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 12 of 14 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 vib ration 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 (√3) as airblast when released into the environment has three-dimensional properties. P= 210.83(√3SD)-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 9.A.1.d Packet Pg. 359 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 13 of 14 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.3 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 9.A.1.d Packet Pg. 360 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 846 Mine, LLC Blasting Evaluation Collier County, Florida Page 14 of 14 9.A.1.d Packet Pg. 361 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PROJECT BOUNDARY PHASE I PHASE II SECTION 2 SECTION 1 SECTION 36SECTION 35 IMMOKALEE ROAD (C.R. 846)NO BLAST ZONE BLAST ZONE 52ND AVE NE 58TH AVE NE 16TH ST NE47TH AVE NE 20TH ST NEFAWN LANE FAWN LANE20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING)20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING) 20' WIDE TYPE 'B' LANDSCAPE BUFFER (EXISTING)20' WIDE TYPE 'D' LANDSCAPE BUFFER0 2000'1000'SCALE: 1" = 2000' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" BLAST ZONE EDGE OF WATER EXISTING LAKE 9.A.1.d Packet Pg. 362 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 363 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 364 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 365 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Immokalee RDPlatt RD 8th ST NE10th ST NE12th ST NE14th ST NE16th ST NE18th ST NE20th ST NE22nd ST NELilac LNWild Turkey DR Corkscrew LNFriendship LN45th AVE NE 47th AVE NE Rabbit Ru n RD 41st AVE NE Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 846 Land Trust Mine CU Location Map . 2,400 0 2,4001,200 Feet Legend SUBJECT PROPERTY 9.A.1.d Packet Pg. 366 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.d Packet Pg. 367 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PHASE I PHASE II SECTION 2 SECTION 1 SECTION 36SECTION 35 IMMOKALEE ROAD (C.R. 846)NO BLAST ZONE BLAST ZONE PROJECT BOUNDARY 0 3'1.5'SCALE: 1" = 3' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" BLAST ZONE 9.A.1.d Packet Pg. 368 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Trebilcock Consulting Solutions, PA  2800 Davis Boulevard, Suite 200  Naples, FL 34104 Phone 239.566.9551  www.trebilcock.biz 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 | 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 Norman J. Trebilcock, AICP, PTOE, PE 9.A.1.d Packet Pg. 369 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 9.A.1.d Packet Pg. 370 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.dPacket Pg. 371Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map 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. 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. 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. 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1NEUNKIRCHEN 91077 GERMANY 38601480101 FROSARIO, YANIRA RR 14 BOX 5333BAYAMON 00956 PUERTO RICO 38845320001 FRSR HOLDING LLC 4955 RIVERSIDE DR E APT 602WINDSOR N8Y 5A3 CANADA 38840600001 FSEEPERSAD, MANIRAM 26 SOUTHERN MAIN RDCUNUPIA TRINIDAD 38604040001 FSTOLL, JOSUE LANDOLTSTRASSE 19BERN 3007 SWITZERLAND 38847440002 FSTOLL, JOSUE LANDOLTSTRASSE 19BERN 3007 SWITZERLAND 38847440109 FVENEGAS, D ALEJANDRO CORREA LUISA F RENDON RAMIREZ CALLE 118 NO 50A-11 # 104 BOGOTA, DC BOGOTA COLOMBIA 38606720002 FCopy of POList_5280.xls9.A.1.dPacket Pg. 397Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PARTOfT HE USA TODAY NETWORK 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 authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Naples Daily News, published in Collier County, Florida; 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: lssue(s) dated: 6/2/2023 A ff ia n t further says that the website or newspaper com plie s w ith all legal requirements for publication in chapter 50, Florida Statutes. S ubscribed and sworn to before me, by the legal clerk, w h o is personally Known to me, on JUNE 2ND, 2023: on expires: 5 /Q·c) 7 Publication Cost: $1,008.00 Ad No: GCl1067893 Customer No: 531419 PO #: 846MCU-22 NIM AD # of Affidavits: 1 This is not an invoice NANCY HEYRMAN Notary Public State of Wisconsin 9.A.1.d Packet Pg. 398 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 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 lmmokalee 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 OILWELL RD "' 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. N[).GCl1067893-01 9.A.1.d Packet Pg. 399 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 1 of 35 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. 9.A.1.d Packet Pg. 400 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 2 of 35 Audience (00:01:45): Okay. [inaudible 00:01:46]. I 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. 9.A.1.d Packet Pg. 401 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 3 of 35 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. 9.A.1.d Packet Pg. 402 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 4 of 35 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): 9.A.1.d Packet Pg. 403 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 5 of 35 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 00:09:47] 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 9.A.1.d Packet Pg. 404 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 6 of 35 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 9.A.1.d Packet Pg. 405 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 7 of 35 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? 9.A.1.d Packet Pg. 406 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 8 of 35 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. 9.A.1.d Packet Pg. 407 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 9 of 35 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- 9.A.1.d Packet Pg. 408 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 10 of 35 (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): I did not. Audience (00:23:15): You don't know nothing about it? Jeff Straw (00:23:21): I 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. 9.A.1.d Packet Pg. 409 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 11 of 35 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): 9.A.1.d Packet Pg. 410 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 12 of 35 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. 9.A.1.d Packet Pg. 411 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 13 of 35 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]. I 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): 9.A.1.d Packet Pg. 412 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 14 of 35 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 9.A.1.d Packet Pg. 413 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 15 of 35 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. 9.A.1.d Packet Pg. 414 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 16 of 35 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): 9.A.1.d Packet Pg. 415 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 17 of 35 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): I 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): 9.A.1.d Packet Pg. 416 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 18 of 35 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): 9.A.1.d Packet Pg. 417 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 19 of 35 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 9.A.1.d Packet Pg. 418 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 20 of 35 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): 9.A.1.d Packet Pg. 419 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 21 of 35 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): I 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): 9.A.1.d Packet Pg. 420 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 22 of 35 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): 9.A.1.d Packet Pg. 421 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 23 of 35 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): I 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. 9.A.1.d Packet Pg. 422 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 24 of 35 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): 9.A.1.d Packet Pg. 423 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 25 of 35 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): 9.A.1.d Packet Pg. 424 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 26 of 35 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): I 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 9.A.1.d Packet Pg. 425 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 27 of 35 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): I 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- 9.A.1.d Packet Pg. 426 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 28 of 35 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): I 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. 9.A.1.d Packet Pg. 427 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 29 of 35 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): I 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): 9.A.1.d Packet Pg. 428 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 30 of 35 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. 9.A.1.d Packet Pg. 429 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 31 of 35 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- 9.A.1.d Packet Pg. 430 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 32 of 35 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): I'm done. 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 01:06:37]. Wayne Arnold (01:06:35): Can I close the meeting? Because I don't think this is really relevant. 9.A.1.d Packet Pg. 431 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 33 of 35 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? 9.A.1.d Packet Pg. 432 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 34 of 35 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 9.A.1.d Packet Pg. 433 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) SR 846 Land Trust Earth Mine CU (PL20220006213) June 20, 2023 NIM Transcript Page 35 of 35 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 QA, 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. 9.A.1.d Packet Pg. 434 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PL20220006213 - SR846 Land Trust Earth Mine) PETITION:PL20220006213 | SR 846 LAND TRUST EARTH MINE CONDITIONAL USE June 20, 2023, Neighborhood Information Meeting (NIM) Project information and a copy of this presentation can be found on our website: GRADYMINOR.COM/PLANNING/ 9.A.1.d Packet Pg. 435 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : PROJECT TEAM: •27TH/Pico Boulevard Ltd Partnership –Property Owner •1370 South Ocean, LLC – Applicant •Richard D. Yovanovich, Esq., Land Use Attorney –Coleman, Yovanovich & Koester, P.A. •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Jeffrey A. Straw, Vice President & Area Manager –GeoSonics, Inc. *Please note, all information provided is subject to change until final approval by the governing authority. 2 INTRODUCTION 9.A.1.d Packet Pg. 436 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 3 LOCATION MAP 3 9.A.1.d Packet Pg. 437 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : Overall Project Acreage:2,560±Acres Project Address:16000 Immokalee Road Conditional Use Approval for Mining:1999 Future Land Use (FLU) Designation: Agricultural/Rural Designation,Rural Fringe Mixed Use District,Receiving Lands Zoning District: A,Agriculture Proposed Request: •Modify the blast area for the mining operation to be a minimum of 1,300 feet from the mine property boundary. •The conditions previously established for the blast frequency and size of the explosive load will remain unchanged. PROJECT INFORMATION 4 9.A.1.d Packet Pg. 438 5 APPROVED SITE PLAN 9.A.1.d Packet Pg. 439 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 6 APPROVED BLASTZONE EXHIBIT Petition #: CUR-PL2011–1177 Resolution No. 2012-15 9.A.1.d Packet Pg. 440 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 7 PROPOSED BLAST ZONE EXHIBIT 9.A.1.d Packet Pg. 441 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 8 BLAST ZONE EXHIBIT COMPARISON PROJECT BOUNDARY IMMOKALEE ROAD9.A.1.d Packet Pg. 442 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 9 Jeffrey A. Straw, Vice President & Area Manager 9.A.1.d Packet Pg. 443 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 1010 9.A.1.d Packet Pg. 444 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 1111 9.A.1.d Packet Pg. 445 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 1212 9.A.1.d Packet Pg. 446 1313 9.A.1.d Packet Pg. 447 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 1414 9.A.1.d Packet Pg. 448 1515 9.A.1.d Packet Pg. 449 1616 9.A.1.d Packet Pg. 450 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : 1717 9.A.1.d Packet Pg. 451 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : CONDITIONS OF APPROVAL 18 9.A.1.d Packet Pg. 452 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : CONDITIONS OF APPROVAL (CONTINUED) 19 9.A.1.d Packet Pg. 453 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : NEXT STEPS •File Resubmittal •Hearing sign(s) posted on property advertising Planning Commission (CCPC) and Board of County Commissioner (BCC) hearing dates. •Hearing notices mailed to property owners within 1 mile of the project boundary. •HEARING DATES: •CCPC –TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 •BCC –TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 *Please note, all information provided is subject to change until final approval by the governing authority. 20 9.A.1.d Packet Pg. 454 Project information and a copy of this presentation can be found online: GRADYMINOR.COM/PLANNING/ Collier County Growth Management Department (GMD) Public Portal: CVPORTAL.COLLIERCOUNTYFL.GOV/CITYVIEWWEB/PLANNING/LOCATOR Planning Application #PL20220006213 CONTACTS: •Q. Grady Minor & Associates, P.A.:Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144 •Collier County Staff: Eric Ortman; Eric.Ortman@colliercountyfl.gov or (239) 252-1032 PROJECT DOCUMENTS AND INFORMATION 21 9.A.1.d Packet Pg. 455 Attachment: Attachment 3 - Applicant Backup Document including NIM Materials (27662 : Attachment 4 Legal Ad, Sign Affidavit and Sign Photos 9.A.1.e Packet Pg. 456 Attachment: Attachment 4 - Legal Ad and Sign Posting Photos (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.ePacket Pg. 457Attachment: Attachment 4 - Legal Ad and Sign Posting Photos (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 9.A.1.e Packet Pg. 458 Attachment: Attachment 4 - Legal Ad and Sign Posting Photos (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1 Eric Ortman From:Robert Dixon <rgdixon73@yahoo.com> Sent:Wednesday, January 24, 2024 12:57 PM To:Eric Ortman Subject:Re: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello again Eric Ortman, Hope all is well with you. Could you please email me the names & contact emails of the board that we spoke at in person at the courthouse reference the 846 Land Mine Trust “Blasting ”. If you can PLEASE forward this email as well to them that would be greatly appreciated! It’s imperative that the board knows that the blasting company has been telling us the blast are going to be further and further away from our houses BUT from my understanding their petitioning to actually blast closer and closer to our houses. They already damaged our houses and Barry Blankenship with Quality Enterprises, the company in charge of the blasting, has been to our houses and acknowledged the damage and even told us to wait on any repairs to see how future blast are going to effect our houses. Barry also stated that he will figure out how they’re going to compensate us for the damage and repairs. None of this has happened to date. We, that have spoken already from my understanding cannot speak again at the next hearing. There was a couple of the board members that truly seemed to be sincere in trying to help us the little guys, against big corporate but we know when time goes by people’s memory seems to fade. WE need someone fighting for US! We’re literally just getting shooed away and disregarded BUT WE the homeowners are suffering all the negative effects with no one representing us. PLEASE, PLEASE!!!!!! Help us!! PLEASE we beg Collier County representatives to help protect us PLEASE!! Thank you. Sincerely, Robert Dixon 4470 22 St Ne Naples, FL 34120 954-540-7841 9.A.1.f Packet Pg. 459 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 2 Sent from Yahoo Mail for iPhone On Monday, November 6, 2023, 7:48 PM, Robert Dixon <rgdixon73@yahoo.com> wrote: Thank you Eric! Take care. Sent from Yahoo Mail for iPhone On Monday, November 6, 2023, 3:35 PM, Eric Ortman <Eric.Ortman@colliercountyfl.gov> wrote: That is what I have. I will add the pic and two chains as a pubic comment. From: Robert Dixon <rgdixon73@yahoo.com> Sent: Monday, November 6, 2023 2:55 PM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: Re: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi again Eric, You should have a total of 5 emails. 3 with photos & 2 email chains. Please advise. Thank you again for your time today greatly appreciated!! Robert Dixon Sent from Yahoo Mail for iPhone On Monday, November 6, 2023, 1:11 PM, Eric Ortman <Eric.Ortman@colliercountyfl.gov> wrote: Three emails with photos received but nothing else. From: Robert Dixon <rgdixon73@yahoo.com> Sent: Monday, November 6, 2023 12:25 PM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: SR 846 Land Mine Trust Blast Pictures (03 of 03) 9.A.1.f Packet Pg. 460 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 3 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Robert Dixon 4470 22 St Ne Naples, FL. 34120 954-540-7841 Sent from Yahoo Mail for iPhone 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.1.f Packet Pg. 461 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 1 Eric Ortman From:Robert Dixon <rgdixon73@yahoo.com> Sent:Wednesday, January 24, 2024 3:04 PM To:Eric Ortman Subject:Re: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you very much Eric, WE really appreciate your sincerity and follow up. I have the commissioners emails (to be quite frank and honest) Bill McDaniels hasn’t responded back to any of us and he’s one of the main problems with getting any help for us. He’s totally in bed with the developers without a doubt. He could care less about US the residents he’s suppose to be representing. The emails I was asking for was the members (maybe planning board) the 5 panel members that listen to the speakers on the meeting prior to it going to the commissioners. WE really want them to know what’s still going on out here with this critical issue. The blasting company last meeting stated they weren’t ready to move forward on their end and requested to push it to this next meeting, the one coming up February 1st, 2024. Since we were already there and took the day off to be able to speak WE did and a couple of the board members were sincere and wanted to discuss it more BUT the chairman (who didn’t really appear to be interested in what WE the people had to say) stated we’ll wait until next meeting to see what the professionals say. This I can tell you, WE don’t care what the professionals say, whether their operating within code or not, the reality is we’re suffering out here with the blast and the damage it’s doing, and the damage that has already been confirmed and done, and not including the monetary loss we’re experiencing with the value of our houses being diminished because the we’re being labeled in the realtor community as the “blast zone”. If the blast continues status quo this is going to turn into a national news story and I’m sure NOBODY wants this. WE understand they’re going to blast BUT we were told that they get charged for a minimum of 200 holes regardless what they actually blast. Ex: they blast 100 holes they pay for 200 holes minimum. It’s a business, at the end of the day it comes down to money and WE ALL know that’s what ends up mattering the most unfortunately at the end of the day. If Collier County limits the amount of holes they can blast that would minimize the effects and damage we’re experiencing BUT if they don’t then this is going to end in multiple damaged structures, maybe to the point their not safe to inhabit (how we going to relocate thousands of displaced residents in this current state), multiple lawsuits (exactly what happened in Broward county, their not even allowed to blast anymore in Broward because of all the aftermath, which WE should ALL want to avoid), and last but not least WE the current residents should not be put in this situation in the first place because Collier County officials were voted in by US to represent US and lookout for OUR best interest NOT the interest of BIG corporations. PLEASE do the right thing and protect our livelihood and our homes PLEASE!!! Sincerely, Robert Dixon Sent from Yahoo Mail for iPhone 9.A.1.f Packet Pg. 462 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 2 On Wednesday, January 24, 2024, 1:16 PM, Eric Ortman <Eric.Ortman@colliercountyfl.gov> wrote: Robert, their emails are below. They are also on this page https://www.colliercountyfl.gov/government/board-of-county-commissioners. I cannot send emails to the commissioners on behalf of a constituent. I have cc’ed Mike Bosi, Planning and Zoning Director for his awareness. Eric District 1 Rick Locastro Rick.LoCastro@colliercountyfl.gov District 2 Chris Hall Chris.hall@colliercountyfl.gov District 3 Burt Saunders Burt.Saunders@colliercountyfl.gov District 4 Dan Kowal Dan.kowal@colliercountyfl.gov District 5 Bill McDaniel Bill.McDaniel@colliercountyfl.gov From: Robert Dixon <rgdixon73@yahoo.com> Sent: Wednesday, January 24, 2024 12:57 PM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: Re: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello again Eric Ortman, Hope all is well with you. Could you please email me the names & contact emails of the board that we spoke at in person at the courthouse reference the 846 Land Mine Trust “Blasting ”. If you can PLEASE forward this email as well to them that would be greatly appreciated! It’s imperative that the board knows that the blasting company has been telling us the blast are going to be further and further away from our houses BUT from my understanding their petitioning to actually blast closer and closer to our houses. They already damaged our houses and Barry Blankenship with Quality Enterprises, the company in charge of the blasting, has been to our houses and acknowledged the damage and even told us to wait on any repairs to see how future blast are going to effect our houses. Barry also stated that he will figure 9.A.1.f Packet Pg. 463 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 3 out how they’re going to compensate us for the damage and repairs. None of this has happened to date. We, that have spoken already from my understanding cannot speak again at the next hearing. There was a couple of the board members that truly seemed to be sincere in trying to help us the little guys, against big corporate but we know when time goes by people’s memory seems to fade. WE need someone fighting for US! We’re literally just getting shooed away and disregarded BUT WE the homeowners are suffering all the negative effects with no one representing us. PLEASE, PLEASE!!!!!! Help us!! PLEASE we beg Collier County representatives to help protect us PLEASE!! Thank you. Sincerely, Robert Dixon 4470 22 St Ne Naples, FL 34120 954-540-7841 Sent from Yahoo Mail for iPhone 9.A.1.f Packet Pg. 464 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 4 On Monday, November 6, 2023, 7:48 PM, Robert Dixon <rgdixon73@yahoo.com> wrote: Thank you Eric! Take care. Sent from Yahoo Mail for iPhone On Monday, November 6, 2023, 3:35 PM, Eric Ortman <Eric.Ortman@colliercountyfl.gov> wrote: That is what I have. I will add the pic and two chains as a pubic comment. From: Robert Dixon <rgdixon73@yahoo.com> Sent: Monday, November 6, 2023 2:55 PM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: Re: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi again Eric, You should have a total of 5 emails. 3 with photos & 2 email chains. Please advise. Thank you again for your time today greatly appreciated!! Robert Dixon Sent from Yahoo Mail for iPhone On Monday, November 6, 2023, 1:11 PM, Eric Ortman <Eric.Ortman@colliercountyfl.gov> wrote: Three emails with photos received but nothing else. From: Robert Dixon <rgdixon73@yahoo.com> Sent: Monday, November 6, 2023 12:25 PM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov> Subject: SR 846 Land Mine Trust Blast Pictures (03 of 03) EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Robert Dixon 4470 22 St Ne Naples, FL. 34120 954-540-7841 9.A.1.f Packet Pg. 465 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 5 Sent from Yahoo Mail for iPhone 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.1.f Packet Pg. 466 Attachment: Attachement 5 - Additional Citizen Correspondence (27662 : PL20220006213 - SR846 Land Trust Earth Mine) 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.2 Doc ID: 27426 Item Summary: PL20230002460 - GMA - Commercial Subdistrict (GMPA) - Amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the unincorporated area of Collier County, Florida, specifically amending the Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element by changing the Land Use Designation of property from Estates Mixed Use District, Residential Estates Subdistrict to GMA Commercial Subdistrict to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of Indoor Air-Conditioned Mini and Self-Storage. The subject property is located south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, consisting of 9.84± acres. [Coordinator: Kathy Eastley, AICP, Planner III] (Companion Item PUDZ PL20230002458) Meeting Date: 02/01/2024 Prepared by: Title: – Zoning Name: Katherine Eastley 01/04/2024 3:48 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/04/2024 3:48 PM Approved By: Review: Planning Commission Diane Lynch Review item Skipped 01/05/2024 10:50 AM Growth Management Community Development Department Diane Lynch Department review Completed 01/16/2024 6:01 PM Operations & Regulatory Management Donna Guitard Review Item Completed 01/17/2024 9:25 AM Zoning James Sabo Review Item Completed 01/18/2024 12:57 PM Zoning Mike Bosi Division Director Completed 01/23/2024 4:51 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 01/24/2024 3:43 PM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 9.A.2 Packet Pg. 467 PL20230002460 1 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: FEBRUARY 1, 2024 SUBJECT: PL20220002460 GROWTH MANAGEMENT PLAN AMENDMENT (GMPA); GMA COMMERCIAL SUBDISTRICT (ADOPTION HEARING) COMPANION TO: PL20220002458 GMA COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ELEMENTS: RURAL GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE AREA MASTER PLAN (GGAMP) AGENT/APPLICANT: Agents: Bob Mulhere, FAICP Hole Montes, a Bowman Company 950 Encore Way Naples, FL 34110 Richard D. Yovanovich, Esquire Coleman Yovanovich & Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 Owners: GM Advisors, LLC Michael M. Saadeh, Manager 434 Terracina Court Naples, FL 34119 Collier County Transportation Right-of-Way 2885 Horseshoe Drive South Naples. FL 34104 GEOGRAPHIC LOCATION: The subject site is on the south side of Immokalee Road, between Wilson Boulevard and Randall Boulevard (1,000 feet east of Wilson Boulevard and 770 feet west of Randall Boulevard), in Section 27, Township 48 South, Range 27 East, Collier County, Florida. It is within the Rural Estates Planning Community. 9.A.2.a Packet Pg. 468 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 2 9.A.2.aPacket Pg. 469Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 3 REQUESTED ACTION: The applicant proposes a small-scale Comprehensive Plan (a/k/a Growth Management Plan) amendment (GMPA) to the Rural Golden Gate Estates Sub-Element of the Golden Gate Area Master Plan (GGAMP) to create the GMA Commercial Subdistrict on a 9.84-acre property to amend the Rural Golden Gate Estates Future Land Use Map (FLUM), and to create the GMA Commercial Subdistrict Map in the FLUM series of the GGAMP. The proposed Growth Management Plan (GMP) amendment text and map are attached as Exhibit “A.” PURPOSE/DESCRIPTION OF PROJECT: The petition proposes to create a commercial subdistrict to allow a maximum of 125,000 square feet of Intermediate Commercial (C-3) Zone District permitted and conditional uses, of which up to 80,000 square feet could be used for Indoor Air-Conditioned Mini and Self-Storage (SIC Code 4225). A companion petition (PL20230002458) would rezone the 9.84-acre property from Estates (E) to GMA Commercial Planned Unit Development (CPUD). EXISTING CONDITIONS: Subject Property: The aerial map below shows the proposed subdistrict highlighted in yellow, which includes three individual parcels that comprise approximately 9.84 acres in Golden Gate Estates, Unit 23. The zoning is Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W-3-ST/W-4). Tract 35 is the westernmost parcel (2.9 acres), the central parcel is described as Tract 36 (3.79 acres), and Tract 53 is the easternmost parcel (3.75 acres). Tracts 35 and 53 are owned by GM Advisors, LLC (GMA), and Tract 36 (the central tract) is owned by Collier County. The county-owned parcel is used as a drainage facility, and the remaining tracts are undeveloped and heavily vegetated. Surrounding Lands: North (across Immokalee Road): Future Land Use Designation: Residential Estates Subdistrict. Zoned: Estates and ST/W-4 Overlay Zone. Land Use: Single-family residential and undeveloped parcels. East (across a canal): Future Land Use Designation: Randall Boulevard Commercial Subdistrict. Zoned: Estates with CU/PU and ST/W-4 Overlay Zone. Land Use: Fire Station, then retail commercial uses. South: Future Land Use Designation: Residential Estates Subdistrict. Zoned: Estates and ST/W-3 and ST/W-4 Overlay Zone. Land Use: Single-family residential and undeveloped parcels. West: Future Land Use Designation: Residential Estates Subdistrict. Zoned: Estates and ST/W-3 Overlay Zone. Land Use: undeveloped parcels. In summary, the existing land uses are residential to the north, south, and west, and a fire station and commercial uses to the east of the proposed subdistrict. Two large-scale mixed-use and commercial projects are developing to the northeast of the property along Immokalee Road. 9.A.2.a Packet Pg. 470 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 4 BACKGROUND AND ANALYSIS: Land Exchange A Land Exchange Agreement (OR6045 PG1878, as amended) (Agreement) exists between GMA and Collier County that will result in the transfer of ownership of the Collier County parcel to GMA and, in exchange, GMA will transfer a five-acre parcel south of and adjacent to the canal to Collier County (the Swap Parcel) as shown in purple on the map, above. In addition to the land exchange, the Agreement states that GMA will design, permit, and construct a new pond and related drainage facilities on the Swap Parcel to provide treatment and attenuation of stormwater runoff for Immokalee Road, at the sole cost and expense of GMA. The Agreement also requires that GMA convey to the County a minimum 20-foot drainage easement on Tract 53 to operate and maintain the drainage improvements directly south of and adjacent to this tract. GGAMP History The Board of County Commissioners (BCC) adopted the Collier County GMP in 1989; it included a policy requiring the adoption of a master plan for the Golden Gate area. In 1991, the GGAMP was adopted. Based upon community input, the GGAMP included specific locational criteria for commercial land uses and E- Estates zoning district conditional uses and included specific landscape buffer and setback requirements for most non-residential use provisions. These use provisions and development standards, as well as various policies, were intentional in an effort to maintain the rural or semi-rural character of Golden Gate Estates and establish greater certainty where non-residential uses could be located; Golden Gate Estates was, and is, viewed distinctly different from the Urban designated area. In 2019, the BCC adopted restudy-based amendments to the GGAMP (more details below). From its inception and continuing through all three of these major amendments, the GGAMP has continued to have specific stringent locational criteria for non-residential uses as well as specific development standards for these uses. GGAMP Restudy and Immokalee Road/Randall Boulevard Planning Study In 2015, the BCC directed staff to conduct a restudy, performed at a high-level review as opposed to a detailed parcel-by-parcel review, and a White Paper was prepared by staff to summarize the process, identify consensus opinions, and include recommended amendments to the GGAMP including dividing the GGAMP into three parts – the Golden Gate City Sub-Element, the Urban Golden Gate Estates Sub-Element, and the Rural Golden Gate Estates Sub-Element (RGGES-E) in which the subject property is located. 9.A.2.a Packet Pg. 471 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 5 The Immokalee Road/Randall Boulevard Planning Study, required by Policy 3.2.1 in the RGGES-E, was initiated (in 2019 and completed in 2021) to identify land use tools and infrastructure necessary to support future development within the Immokalee Road/Randall Boulevard study area. This study area, comprised of 277 acres, included properties on the north (and west) side of Immokalee Road from the Randall Boulevard intersection to 33rd Avenue Northeast and on the south side of Immokalee Road east of Wilson Boulevard to and including the south side of Randall Boulevard to 8th Street Northeast; the subject property lies within this planning study area. The study made several recommendations regarding the development of non-residential uses in the area, including the community’s preference for mixed-use development and the concentration of commercial uses, such as retail and dining, at the Immokalee Road/Randall Boulevard intersection. The study did not indicate that commercial uses were appropriate west of the canal running north and south of Immokalee Road; the subject property is adjacent to and west of the canal. Justification for the Proposed Amendment The applicant submitted a market analysis in support of the need for the proposed commercial uses. Specifically, the study includes the following: •Collier County's future growth will be located along Immokalee Road to the Rural Land Stewardship area. •The market equilibrium in the area is 53.61 square feet of commercial space per capita based upon 2,113,527 square feet of developed commercial square footage. The Market Study then utilizes the per capita square footage to determine future demand, extrapolating future commercial needs based on population growth; this results in demand for 3,834,211 square feet of commercial square footage in 2033 and 4,768,902 square feet in 2038. However, the Market Study also states that the total supply of commercial square footage is 4,106,891 square feet. •In addition to a supply/demand analysis, the Market Study analysis also considered utilization of an ‘allocation ratio’ which “…measures the amount of additional acreage required in relation to the directly utilized acreage to assure proper market functioning in the sale, usage, and allocation of land.” The Market Study states, “The additional acreage is required in order to maintain market level pricing and to account for the likelihood that certain lands will not be placed on the market for sale during the forecast horizon or may be subject to future environmental constraints. Thus, the lands allocated in the FLUM should be considerably greater than those that will actually be used or developed.” •The Market Study identifies the 5-mile market area allocation ratio at 1.94, based on total approved commercial supply and existing population. According to the Market Study, the current Countywide allocation ratio is 1.15, while the State of Florida of Commerce recommends an allocation ratio of 1.25. The determination is that additional land for commercial uses is warranted. •The allowance for indoor self-storage, if developed, is determined based upon a formula of need in urban areas; however, an adjustment was made to accommodate for the rural location. Typically, the urbanized area calculated storage needs as 9.7 square feet per capita, and the rural adjustment is 6.84 square feet per capita. •The current demand for self-storage in the 5-mile market area is unmet as there are no existing facilities in the market area. The closest facilities include the 77,735 square foot StorQuest facility that is currently under construction at Collier Boulevard and Immokalee Road, located 7.37 miles to the west, and a CubeSmart facility in Ave Maria, which is 91,759 square feet and located 13.95 miles to the east. Within the market area, three approved but unbuilt facilities will satisfy the existing demand in the market area. The Market Study notes that there will be a need for additional storage facilities through the year 2033. A recent staff analysis regarding commercial inventory in the Immokalee Road/Oil Well Road area results in accounting for over four million square feet of commercial use, including Immokalee Road Rural Village Overlay and the commercial uses approved in the Rural Land Stewardship Overlay (RLSA). This accounting is consistent with the numbers utilized in the Market Study; however, staff identified several concerns: 9.A.2.a Packet Pg. 472 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 6 •Based on the existing commercial square footage allowed by the FLUM, the commercial demand is met through the 2033 10-year planning horizon. The documentation provided identified the need for 3,834,211 square feet in 2033, which is less than the 4,106,891 square feet currently allowed. The commercial square footage currently allowed is 50% greater (1,993,364 square feet) than is currently developed in the market area. •The use of an allocation ratio includes a statement that the existing allowed commercial square footage may not develop; therefore, the FLUM should allow considerably greater acreage for commercial use than is anticipated by market demand. •The analysis for the storage facility in the Rural Estates adjusted the per capita square footage due to location; however, the demographics, lifestyle, and size of properties in the Rural Estates are very different from the urbanized areas, resulting in different needs for storage facilities. •The Market Study utilized 2.9 persons per household (PPH), which exceeds the US Department of Census, which utilizes 2.4 PPH. Buffer Requirements for Neighborhood Centers in the GGAMP: “Commercial projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) foot wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention.” Additional criteria apply to newly constructed berms and using the native vegetation retention area for water management purposes. The purpose of the buffer is to protect the rural character of the area, particularly for abutting properties zoned (E) that are residential or may develop with residential use. The proposed CPUD Master Plan identifies buffers that do not meet the GGAMP buffer provisions based on the proposed buffer widths and plantings in the CPUD Master Plan. Given that the proposed use intensity is similar to the Neighborhood Center designation (C-3 uses) and exceeds it (self-storage use), staff believes it appropriate to apply the same buffer requirements as exists in the Neighborhood Center designation. The GGAMP buffer provisions also include a requirement for a 25-foot buffer abutting the external road right-of-way, with specific planting requirements. The petition proposes a 15-foot enhanced Type D Limited Buffer Easement (LBE) along Immokalee Road, and though the proposed buffer does not meet the 25-foot width, the plantings proposed are consistent with those required by the GGAMP. The GMPA petition states that the justification for the reduction of the buffers is to maximize the developable area to offset the cost of County stormwater improvements that the applicant will make to the Swap Parcel, improvements required by the Land Exchange Agreement. While staff acknowledges this cost burden, the petitioner also reaps significant benefits from the land swap; rather than having two parcels with road frontage that are non-contiguous and a third parcel with no road frontage, the petitioner will have all three parcels with road frontage and that are all contiguous. Staff notes that the reduction of the western and northern buffers may be justified by the construction of the County stormwater facility; however, the southern buffer is necessary to protect the residences that exist to the south, and the reduction in the buffer from 75 feet to 50 feet may not be sufficient protection from the noise and visual impacts typically associated with commercial uses. Staff recommends that the CCPC consider a provision for an opaque fence or wall, per LDC 4.06.02.c.2. for landscape buffers within the 50- foot southern buffer to protect the existing residences approximately 350 to 400 feet from the boundary of the commercial development. The original submittal did include a wall in the buffers, as shown below. However, the western buffer was reduced in subsequent submittals, and the wall was removed from the south and west buffers. The original exhibit, submitted in April 2023, includes an 8-foot wall below. 9.A.2.a Packet Pg. 473 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 7 Staff includes a graphic below identifying the general location, the subject property, the SWAP Parcel, and the proposed buffers – 25 feet on the west and 50 feet on the south. Staff has identified the need for additional protective measures for the existing residences to the south due to the reduction in the buffer and therefore recommends the provision of an opaque fence or wall along this buffer. 9.A.2.a Packet Pg. 474 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 8 Transitional Conditional Use Provision: The GGAMP states that conditional uses may be granted in transitional areas, which are defined as being located between existing non-residential and residential uses. If the GMPA and CPUD are approved, this provision would allow for the granting of E-Estates zoning district conditional uses on the property adjacent to the west. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 0.88 acres (15% of 5.86 acres); the applicant proposes to retain the native vegetation through a Native Vegetation Buffer along the western and southern boundaries of the project. The environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected animal species. Listed wildlife species observed on the site include gopher tortoise (Gopherus polyphemus); two burrows were observed onsite. The proposed project is within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Several pine 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 and/or SDP review. Additionally, the property contains potential habitat for the Eastern Indigo Snake (Drymarchon corais couperi), the Red-Cockaded Woodpecker (Leuconotopicus Borealis), and Big Cypress Fox Squirrel (Sciurus niger Avicennia), and the Florida Panther (Puma concolor coryi). There was no evidence these species were utilizing the site. The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-3) and (ST-W/4). Groundwater protection must be addressed in accordance with LDC Section 3.06.12. This project does not require an 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 Code of Laws and Ordinances. Environmental Services staff recommends approval of the proposed petition. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). The project site consists of 5.86 acres of native vegetation. A maximum of 0.88 acres (15%) of the native vegetation is required to be preserved. Transportation Element: In evaluating this project, staff reviewed the applicant’s July 21, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 and 2023 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states; “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a.For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b.For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and 9.A.2.a Packet Pg. 475 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 9 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 +/- 389 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road and Randall Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Link/Roadway Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2022 AUIR LOS/ Remaining Capacity 2023 AUIR LOS/ Remaining Capacity 45.0/Immokalee Road Wilson Blvd. to Oil Well Rd 3,300/East 150/East D/ 782 D/ 414 (2) 46.0/Immokalee Road Oil Well Rd to SR-29 900/East 48/East D/ 138 D/ 71 (2) 132.0/Randall Boulevard Immokalee Rd to Everglades Blvd 900/East 45/East D/ 95 D/ 92 (2) •(1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the July 21, 2023 Traffic Impact Statement provided by the petitioner. •(2) Expected Deficiency due to Trip Bank not caused by this proposed development (see State Statute 169.3180). Deficiency was found in the current 2023 AUIR and the previous 2022 AUIR. Provisions of Florida Statute 163.3180: Must allow an applicant to enter into a binding agreement to pay or construct their proportionatefair share. Facilities determined to be deficient with existing, committed, and vested trips plus projectedbackground traffic from any source other than the development shall be removed from theproportionate share calculation. The improvement necessary to correct this type of deficiency is the funding responsibility of themaintaining entity. Applicant must receive a credit for the anticipated road impact fees. The expected and existing deficiencies are not caused by this proposed development. The following network improvements are included in the 5-year work program: •Intersection improvements at Immokalee and Randall include a 4-lane expansion of Randall from Immokalee to 8th Street. •Vanderbilt Beach Extension east of Collier Boulevard. This improvement is currently projected to have a +/-5% capacity increase for this section of Immokalee. Phase one of this project is expected to be completed in +/-18 months, and phase two should be completed +/-12 months post-phase one. Based on the TIS, 2022, the 2023 AUIR, and the provisions of State Statute 169.3180, 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. 9.A.2.a Packet Pg. 476 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 10 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 GMA CPUD/Immokalee Randall PUDZ. Public Utilities Review: The project lies within the regional potable water service area and the North County 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. Stormwater Review: Project design must satisfy the Collier County GMP Public Facilities Element –Stormwater Management Sub-Element. •Stormwater system water quality retention and detention criteria shall be one hundred and fifty percent (150%) of the volumetric requirements provided in the ERP AH Vol II for use within the geographic limits of the SFWMD (2014). •Allowable project off-site discharge rate shall not exceed the discharge rate of Corkscrew Canal Basin (0.04 cfs/ ac) and shall be computed using a storm event of 3-day duration and 25-year return frequency. Landscape Review: Although the North, South, and West buffers proposed are reduced in width from what is typically provided to help meet the goals and objectives of the Rural Golden Gate Estates Sub Element, namely preserving the area's rural character, staff recognizes the unique circumstance with this particular petition with the improvements that the applicant will be making to the future County stormwater management lake on an abutting parcel to the South and the need for the applicant to offset those costs by having additional developable land. Typically, a 75’ wide buffer is provided where non-residential development abuts Estates zoning in the Rural Golden Gate Estates (along the South and West boundaries of this project). The application is proposing a 50’ wide buffer along the South that will be required to meet the standards of a Type B buffer after removal of exotics. If not, supplemental planting will be required as necessary to meet the Type B buffer standard (1 tree every 25’ and a row of 5’ high shrubs). An opaque fence or wall is being requested by staff where abutting Estates Zones lots at the time of SDP. The 10’ wide buffer proposed along the West in the event that the parcel to the West is rezoned to allow for non-residential use would be consistent with the LDC. Typically, a 25’ wide buffer is provided where abutting right of ways in Rural Golden Gate Estates. This project proposes a 15’ wide buffer along Randall Blvd. However, the applicant is committing to meet the vegetation standards for this buffer typically required in the Rural Golden Gate Estates Sub-Element. The width of the buffer required along the East is 10’. Although the East buffer is labeled as 5’, it is not uncommon for a portion of landscape buffers to overlap other easements with the plantings being located in the portion of the LBE outside of the other easements. For this project, the plantings will be located in the easement labeled as 5’ LBE, with the balance of the buffer width overlapping with the adjacent access/maintenance easement. 9.A.2.a Packet Pg. 477 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 11 CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically listed below. 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 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. 1. 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 clearly 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 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. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. 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 inconsistent with the community’s character. 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 consistent with s. 333.02. h. The discouragement of urban sprawl. 9.A.2.a Packet Pg. 478 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 12 i. The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j. The need to modify land uses and development patterns within antiquated subdivisions. 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. c. 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, a narrative justification (Exhibit V.D.1 “Project Narrative, Criteria, and Consistency”) and a Market Analysis were provided as part of the petition. Section 163.3187 Florida Statutes: Process for adoption of small-scale comprehensive plan amendment. [criteria to qualify as a small-scale GMPA] (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 ±9.84 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 includes a text change to the Comprehensive Plan, which is 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 involves the construction of affordable housing units meeting the criteria of s. 420.0004(3) and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not located within an Area of Critical State Concern.] (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 purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs that were set out as part of the comprehensive plan.] 9.A.2.a Packet Pg. 479 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 13 NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The applicant conducted a NIM on August 7, 2023, at the UF/IFAS Extension at 14700 Immokalee Road in Naples. The meeting commenced at 5:30 p.m., and approximately seven (7) people were in attendance, with an additional two (2) people on Zoom. Bob Mulhere, FAICP, the agent, gave a brief presentation after the introduction of his team and county staff. Mr. Mulhere explained the request for the proposed rezone and the companion small-scale Growth Management Plan amendment. The following comments/questions were raised by members of the public in attendance, including the proposed commercial uses that may occur on the site, traffic generation, and site design questions such as interconnections. The NIM summary, PowerPoint presentation, and sign-in sheet are included in the CCPC backup materials. FINDINGS AND CONCLUSIONS: • The GMA Commercial Subdistrict petition proposes a small-scale Growth Management Plan amendment to create a ±9.84 subdistrict to allow 125,000 square feet of commercial floor area, of which up to 80,000 square feet could be indoor self-storage. • There are no adverse environmental impacts as a result of this petition. • No historical or archaeological sites are affected by this amendment. • There are no public utility-related concerns as a result of this petition. • There are no concerns about impacts on other public infrastructure. • Staff has identified issues regarding the need for additional commercial square footage in this area of the county, given that the GMP currently allows over four million square feet of commercial square footage. The needs analysis provided for the petition utilizes both a supply/demand analysis as well as an allocation ratio to support the 125,000 square feet of commercial space proposed for the project. It appears that the supply/demand analysis has identified that the existing commercial square footage is sufficient past 2033 but not sufficient in 2038. Staff has determined that consideration of public benefit derived from the Swap Parcel and the construction of the stormwater improvements by the developer may be sufficient justification for the GMPA. • The location of the proposed commercial project in the Rural Golden Gate Estates area west of Randall Boulevard is not well supported by the GGAMP, nor is it supported by the Immokalee Road/Randall Boulevard Planning Study. This petition would provide for commercial ‘creep’ along Immokalee Road to the west. • The proposed buffers do not meet the 75-foot minimum width required by the GGAMP for a comparable provision for commercial uses (Neighborhood Center Subdistrict), which staff believes is appropriate to apply. The reduction in the buffer widths, as requested, may be justified in some locations to offset costs of the developer constructing the County stormwater facility on the Swap Parcel; however, staff recommends a provision for an opaque fence or wall, per LDC 4.06.02.c.2, within the 50-foot southern buffer to protect the existing residences adjacent to the project area. If a wall is not provided, then the buffer should be required to meet the minimum 75-foot width. LEGAL REVIEW: The County Attorney’s office reviewed the January 9, 2023, staff report. STAFF RECOMMENDATION: Staff recommends the Collier County Planning Commission forward petition PL20230002460 GMA Commercial Subdistrict GMPA to the Board of County Commissioners with a recommendation to approve and adopt and transmit to the Florida Department of Commerce and other statutorily required agencies with the following modifications— with a recommendation for 9.A.2.a Packet Pg. 480 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 14 with an opaque fence or wall along the south perimeter of the PUD an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. - as depicted below: GMA Commercial Subdistrict The GMA Commercial Subdistrict is ±9.84 acres in size and located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. The subdistrict is comprised of the following properties: Tracts 35, 36, and 53, Golden Gate Estates, Unit 23. The Subdistrict has been designated on the Rural Golden Gate Estates Future Land Use Map and the GMA Commercial Subdistrict map. The intent of this subdistrict is to provide a variety of commercial uses and services to the area. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). b. Development shall be limited to a maximum intensity of 125,000 square feet of gross floor area (GFA) of Commercial Intermediate, C-3 zoning district uses, and Indoor Air- Conditioned Mini and Self-Storage (SIC 4225), of which self-storage will be limited to 80,000 square feet of GFA. c. The PUD must include development standards and perimeter buffering to ensure compatibility with adjacent lands, as follows: (1) North Perimeter Buffer - Adjacent to Immokalee Road: A 15’wide buffer, with canopy trees placed 25’ on center, and a double hedge row consisting of shrubs 24” in height spaced 3’ on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs, and ground covers other than sod. (2) West Perimeter Buffer: A minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. No additional setbacks from this native vegetation buffer area shall be required. If, at the time of issuance of the first building permit for a commercial structure within this Subdistrict, the property to the west has been rezoned to allow for non-residential use, the 25-foot-wide native vegetation buffer area along the western perimeter may be reduced to a 10’ Type A buffer. (3) South Perimeter Buffer: A minimum 50-foot-wide native vegetation retention buffer area shall be required. Up to 25% of the width of the buffer may be utilized for 9.A.2.a Packet Pg. 481 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) PL20230002460 15 stormwater management. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. No additional setbacks from these native vegetation buffer areas shall be required. (4) East Perimeter Buffer: A minimum 5-foot-wide Type A buffer shall be provided 58 feet from the eastern property line. d. The following uses shall be prohibited: 1. Educational plants and public schools; 2. Funeral services; 3. Gasoline service stations; and 4. Group care facilities. 9.A.2.a Packet Pg. 482 Attachment: GMPA GMA Staff Rep 1-25-24 (27426 : PL20230002460 GMA Commercial Subdistrict) [23-CMP-01170/1835627/1]87 1 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 1/8/24 ORDINANCE NO. 2024-___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, SPECIFICALLY AMENDING THE RURAL GOLDEN GATE ESTATES SUB-ELEMENT AND FUTURE LAND USE MAP OF THE GOLDEN GATE AREA MASTER PLAN ELEMENT BY CHANGING THE LAND USE DESIGNATION OF PROPERTY FROM ESTATES MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO ESTATES- COMMERCIAL, GMA COMMERCIAL SUBDISTRICT TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) AND INDOOR AIR- CONDITIONED MINI AND SELF-STORAGE (SIC 4225) USES, OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF- STORAGE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF IMMOKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 9.84± ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. [PL20230002460] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, 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 WHEREAS, GM Advisors, LLC requested an amendment to the Rural Golden Gate Estates Sub-Element of Future Land Use Map of the Golden Gate Area Master Plan Element to create the GMA Commercial Subdistrict; and 9.A.2.b Packet Pg. 483 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) [23-CMP-01170/1835627/1]87 2 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 1/8/24 WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in a rural area of opportunity; and WHEREAS, 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 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 Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element of the Growth Management Plan on ______________; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENT TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small-scale amendment to the Rural Golden Gate Estates Sub-Element and Future Land Use Map of the Golden Gate Area Master Plan Element in accordance with Section 163.3184, Florida Statutes. The text amendment is attached hereto as Exhibit “A” and incorporated herein by reference. 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 Board adoption. 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 commence before it has become effective. 9.A.2.b Packet Pg. 484 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) [23-CMP-01170/1835627/1]87 3 of 3 GMA Commercial Subdistrict SSGMPA PL20230002460 1/8/24 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _______ day of ________________, 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By:________________________ By:_________________________________ Deputy Clerk Chris Hall, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Proposed Text Amendment & Map Amendment 9.A.2.b Packet Pg. 485 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) Page 1 of 3 Words underlined are added; words struck-through are deleted. 12/18/2023 GOLDEN GATE AREA MASTER PLAN GOLDEN GATE AREA MASTER PLAN RURAL GOLDEN GATE ESTATES SUB-ELEMENT B. LAND USE DESIGNATION DESCRIPTION SECTION 1. ESTATES DESIGNATION B. Estates – Commercial 3. Immokalee Road – Estates Commercial Subdistrict 4. GMA Commercial Subdistrict B. LAND USE DESIGNATION DESCRIPTION SECTION 1. ESTATES DESIGNATION B. Estates – Commercial 3. Immokalee Road – Estates Commercial Subdistrict 4. GMA Commercial Subdistrict The GMA Commercial Subdistrict is ±9.84 acres in size and located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. The subdistrict is comprised of the following properties: Tracts 35, 36, and 53, Golden Gate Estates, Unit 23. The Subdistrict has been designated on the Rural Golden Gate Estates Future Land Use Map and the GMA Commercial Subdistrict map. The intent of this subdistrict is to provide a variety of commercial uses and services to the area. Development within the Subdistrict shall be subject to the following: a. The subdistrict shall be rezoned to a Planned Unit Development (PUD). 9.A.2.b Packet Pg. 486 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) Page 2 of 3 Words underlined are added; words struck-through are deleted. 12/18/2023 b. Development shall be limited to a maximum intensity of 125,000 square feet of gross floor area (GFA) of Commercial Intermediate, C-3 zoning district uses, and Indoor Air- Conditioned Mini and Self-Storage (SIC 4225) of which self-storage will be limited to 80,000 square feet of GFA. c. The PUD must include development standards and perimeter buffering to ensure compatibility with adjacent lands, as follows: (1) North Perimeter Buffer - Adjacent to Immokalee Road: A 15’wide buffer, with canopy trees placed 25’ on center, and a double hedge row consisting of shrubs 24” in height spaced 3’ on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. (2) West Perimeter Buffer: A minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. No additional setbacks from this native vegetation buffer area shall be required. If, at the time of issuance of the first building permit for a commercial structure within this Subdistrict, the property to the west has been rezoned to allow for non-residential use, the 25-foot-wide native vegetation buffer area along the western perimeter may be reduced to a 10’ Type A buffer. (3) South Perimeter Buffer: A minimum 50-foot-wide native vegetation retention buffer area along the southern perimeter shall be required. Up to 25% of the width of the buffer may be utilized for stormwater management. Retained native vegetation within this buffer may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within this buffer may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. No additional setbacks from these native vegetation buffer areas shall be required. (4) East Perimeter Buffer: A minimum 5-foot-wide Type A buffer shall be provided 58 feet from the eastern property line. d. The following uses shall be prohibited: 1. Educational plants and public schools; 2. Funeral services; 9.A.2.b Packet Pg. 487 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) Exhibit A PL20230002460 Page 3 of 5 Words underlined are added; words struck-through are deleted. 12/18/2023 3. Gasoline service stations; and 4. Group care facilities. C. List of Maps Immokalee Road – Estates Commercial Subdistrict GMA Commercial Subdistrict 9.A.2.b Packet Pg. 488 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) Exhibit A PL20230002460 Page 4 of 5 Words underlined are added; words struck-through are deleted. 12/18/2023 9.A.2.b Packet Pg. 489 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) Exhibit A PL20230002460 Page 5 of 5 Words underlined are added; words struck-through are deleted. 12/18/2023 9.A.2.b Packet Pg. 490 Attachment: Exhibit A - Ordinance GMA 1-8-24 (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 491Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 492Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 493Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 494Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 495Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 496Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 497Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 498Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 499Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 500Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 501Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 502Attachment: Exhibit B - 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CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 519Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 520Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 521Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 522Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 523Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 524Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 525Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 526Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 527Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 528Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 529Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 530Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 531Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 532Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 533Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 534Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 535Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 536Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 537Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 538Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 539Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 540Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 541Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 542Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 543Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 544Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 545Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 546Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 547Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 548Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 549Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 550Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 551Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 552Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 553Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 554Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 555Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 556Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 557Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 558Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 559Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 560Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 561Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 562Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 563Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 564Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 565Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 566Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 567Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 568Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 569Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 570Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 571Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 572Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 573Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 574Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 575Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 576Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 577Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 578Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 579Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 580Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 581Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 582Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 583Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 584 9.A.2.c Packet Pg. 585 9.A.2.c Packet Pg. 586 9.A.2.c Packet Pg. 587 9.A.2.c Packet Pg. 588 9.A.2.c Packet Pg. 589 9.A.2.cPacket Pg. 590Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 591 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.c Packet Pg. 592 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 593Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 594Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 595Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 596Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 597Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 598Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 599Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 600Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 601Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 602Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 603Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 604Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 605Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 606Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 607Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 608Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 609Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 610Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 611Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 612Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 613Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 614Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 615Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 616Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 617Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 618Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 619Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 620Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 621Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 622Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 623Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 624Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 625Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 626Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 627Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 628Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 629Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 630Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 631Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 632Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 633Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 634Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 635Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 636Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 637Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 638Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 639Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 640Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 641Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 642Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 643Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 644Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 645Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 646Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 647Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 648Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 649Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 650Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 651Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 652Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 653 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 654Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 655Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 656 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 657Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 658Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 659Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 660Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 661Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 662Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 663Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 664Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 665 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 666Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 667Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 668Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 669Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 670Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 671Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 672Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 673Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 674Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 675Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 676Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 677Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 678Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 679 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 680Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 681Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 682Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 683Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 684Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 685Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 686 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 687Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 688Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 689 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.c Packet Pg. 690 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 691Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 692Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 693Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 694Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 695Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 696Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 697Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 698Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 699Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 700Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 701Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 702Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 703Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 704Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 705Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 706Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 707Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 708Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 709Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 710Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 711Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 712Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 713Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 714Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 715Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 716Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 717Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 718Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 719Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 720Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 721Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 722Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 723Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 724Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 725Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 726Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 727Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 728Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 729Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 730Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 731Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 732Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 733Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 734Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 735Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 736Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 737Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 738Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 739Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 740Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 741Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 742Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 743Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 744Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 745Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 746Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 747Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 748Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 749Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 750Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 751Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 752Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 753Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 754Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 755Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 756Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 757Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 758Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 759Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 760Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 761Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 762Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 763Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 764Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 765Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 766Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 767Attachment: Exhibit B - 9.A.2.cPacket Pg. 768Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 769Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 770Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 771Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 772Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 773Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 774Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 775Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 776Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 777Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 778Attachment: Exhibit B - 9.A.2.cPacket Pg. 779Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 780Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 781Attachment: Exhibit B - 9.A.2.cPacket Pg. 782Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 783 9.A.2.cPacket Pg. 784Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 785Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 786Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 787Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 788Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 789Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 790Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 791Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 792Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 793Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.cPacket Pg. 794Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 795Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 796Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 797Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.cPacket Pg. 798Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.c Packet Pg. 799 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.c Packet Pg. 800 Attachment: Exhibit B - CCPC Back-up Documents (PL-20230002460) (27426 : PL20230002460 GMA 9.A.2.dPacket Pg. 801Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 802Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 803Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 804Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 805Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 806Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 807 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 808 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 809Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 810Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 811Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 812 9.A.2.d Packet Pg. 813 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 814 9.A.2.d Packet Pg. 815 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 816 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 817 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 818 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 819 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 820 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.d Packet Pg. 821 9.A.2.d Packet Pg. 822 Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 823Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 824Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 825Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 826Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 827Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 828Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 829Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 830Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 831Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 832Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 833Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 834Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 835Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 836Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 837Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 838Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 839Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 840Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 841Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 842Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 843Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 844Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 845Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 846Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 847Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 848Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 849Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 850Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 851Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 852Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 853Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 854Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 855Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 856Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 857Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 858Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 859Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 860Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 861Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 862Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 863Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 864Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 865Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 866Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.dPacket Pg. 867Attachment: Exhibit C - NIM Documents (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.ePacket Pg. 868Attachment: Exhibit D - Affidavit of Sign Posting (27426 : PL20230002460 GMA Commercial Subdistrict) 9.A.2.e Packet Pg. 869 Attachment: Exhibit D - Affidavit of Sign Posting (27426 : PL20230002460 GMA Commercial Subdistrict) 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.3 Doc ID: 27617 Item Summary: PL20230002458 - GMA CPUD Rezone (PUDZ) - Ordinance rezoning from the Estates (E) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 to the GMA Commercial Planned Unit Development (CPUD) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 to allow 125,000 square feet of gross floor area of Commercial Intermediate (C-3) and indoor air-conditioned mini and self-storage (SIC 4225) uses, of which up to 80,000 square feet of gross floor area may consist of indoor air -conditioned mini and self-storage for property located south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, consisting of 9.84+/- acres. [Coordinator: Ray Bellows, Zoning Manager] (Companion to GMPA-PL20230002460) Meeting Date: 02/01/2024 Prepared by: Title: – Zoning Name: Laura DeJohn 01/09/2024 10:11 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/09/2024 10:11 AM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 01/16/2024 6:19 PM Operations & Regulatory Management Donna Guitard Review Item Completed 01/17/2024 3:57 PM Planning Commission Diane Lynch Review item Skipped 01/09/2024 5:24 PM Zoning Ray Bellows Review Item Completed 01/18/2024 9:14 AM Zoning Mike Bosi Division Director Completed 01/23/2024 3:51 PM Growth Management Community Development Department Mike Bosi GMD Deputy Dept Head Completed 01/26/2024 10:25 AM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 9.A.3 Packet Pg. 870 Page 1 of 19 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 1, 2024 SUBJECT: PUDZ-PL20230002458; GMA CPUD REZONE (Companion to GMPA-PL20230002460) Wellfield Risk Management Special Treatment Overlay PROPERTY OWNER/AGENT: Owners: Parcel Nos. 37742840009 & 37744000009 Tracts 35 & 53 GM Advisors, LLC 434 Terracina Ct. Naples, FL 34119 Parcel No. 37742880001, Tract 36 Collier County Transportation ROW 2885 Horseshoe Drive South Naples, FL 34104 REQUESTED ACTION: Agent: Robert Mulhere, FAICP, President/CEO Hole Montes, Inc., a Bowman company 950 Encore Way Naples, FL 34110 The petitioner requests that the Collier County Planning Commission consider a petition to rezone ±9.84 acres from Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W3 and E-ST/W-4) to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as the GMA CPUD to allow up to 125,000 square feet of Commercial Intermediate District (C-3) and indoor air-conditioned mini and self- storage use, of which up to 80,000 square feet may consist of indoor air -conditioned mini and self-storage use (SIC 4225). A companion Growth Management Plan Amendment (GMPA) PL20230002460 is proposed to amend the Golden Gate Area Master Plan to establish a new GMA Subdistrict on land currently designated Residential Estates to allow for the proposed uses and intensity. GEOGRAPHIC LOCATION: The subject property is located on the south side of Immokalee Road, approximately 773-feet west of the intersection of Immokalee Road and Randall Boulevard, within Section 27, 9.A.3.a Packet Pg. 871 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Township 48 South, Range 27 East, Collier County, Florida. (See location map on the following page) PUDZ-PL20230002458 GMA CPUD Rezone January 17, 2024 Page 2 of 19 9.A.3.a Packet Pg. 872 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) PURPOSE AND DESCRIPTION OF PROJECT: The subject property includes three parcels totaling ±9.84-acres on the south side of Immokalee Road, approximately 773-feet west of the intersection of Immokalee Road and Randall Boulevard. Bordering the site immediately to the east is a canal beyond which is a North Collier Fire Rescue station. To the west are three undeveloped parcels and Wilson Boulevard. The site’s current zoning designation is Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W3 and E-ST/W-4). The purpose of the Estates district (E) is to provide for low-density residential development in a semi-rural to rural environment with limited agricultural activities. In addition to low-density residential development with limited agricultural activities, the E district accommodates conditional uses development that provides services for and is compatible with the low-density residential, semi- rural, and rural character of the E district. The petitioner’s intended uses of the Commercial Intermediate (C-3) zoning district and indoor air-conditioned mini and self-storage uses are not permitted in the E district. A rezoning is requested to GMA Commercial Planned Unit Development (CPUD) to accommodate the proposed commercial intensity. A companion Growth Management Plan Amendment (GMPA-PL20230002460) is also requested to amend the Golden Gate Area Master Plan to establish a new GMA Subdistrict on land that is currently designated Residential Estates Subdistrict to allow the proposed commercial uses and intensity. The central 3.23-acre parcel of the subject site is identified as Folio No. 37742880001 and is owned by Collier County. This parcel is currently used as a dry water detention facility associated with the Immokalee Road drainage system. Through a Land Exchange Agreement dated November 9, 2021, with amendments dated April 12, 2022, and April 11, 2023, Collier County has agreed to exchange this parcel for the petitioner’s five-acre parcel, which borders the subject site to the south. Per terms of the agreement, the petitioner will design, permit, and construct a new water detention facility on the southern parcel and grant the County a minimum 20-foot drainage easement for the operation and maintenance of this new water detention facility at no cost to the County. See Attachment B for the Land Exchange Agreement with First and Second Amendments. The 20-foot-wide drainage easement is depicted along the canal on the eastern PUD boundary per the proposed Master Plan (Exhibit C of the Draft Ordinance provided as Attachment A to this report). The proposed list of permitted uses includes 78 of the 92 permitted uses within the Commercial Intermediate (C-3) zoning district. Additionally, up to 80,000 square feet of indoor air- conditioned mini and self-storage are proposed, which is a conditional use in the C-4 district and a permitted use in the C-5 district. The proposed PUD Master Plan depicts two access points from Immokalee Road (one right- in/right-out only, and one emergency/right-out only). A potential future interconnection to the undeveloped Estates zoned property to the west is also shown. Page 3 of 19 9.A.3.a Packet Pg. 873 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Several buffering standards that apply to non-residential development in the Golden Gate Estates Area are proposed to be reduced, which is further described in the Staff Analysis section beginning on page 7 of this report. The proposed PUD Master Plan shows a 1.3-acre native vegetation buffer tract measuring a minimum of 50 feet wide along the southern PUD perimeter and 25-feet-wide along the western PUD perimeter. One deviation is requested to allow internal buffering between commercial outparcels within the development to be reduced from a shared 15-foot-wide Type A buffer to a shared buffer 10-feet wide with each abutting property contributing five feet. SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject site, which is currently zoned Estates and undeveloped except for a County dry water detention facility. North: Beyond Immokalee Road are single-family residential homes, and undeveloped lots zoned Estates–ST/W-4. East: Beyond the canal is the North Collier Fire Rescue District Station 10, zoned Estates–ST/W-4 per Provisional Use approval (PU-86-20), and a 198-foot-tall communications tower per Conditional Use approval by Resolution 01-80. South: Single-family residential homes zoned Estates – ST/W-3 and W-4. West: Undeveloped lots zoned Estates – ST/W-3. Page 4 of 19 9.A.3.a Packet Pg. 874 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed PUDZ and found it inconsistent with the GMP's Future Land Use Element (FLUE). See Attachment C, Golden Gate Area Master Plan Consistency Review. This PUD Rezoning may only be deemed consistent with the FLUE if the companion GMPA (PL20230002460) is approved and goes into effect and the uses and intensities in this PUD align with those in the GMPA. As part of the consistency review, it is noted that the reduction of the western and northern buffers may be justified by the construction of the stormwater facility and that the 50- 50-foot-wide southern buffer may be sufficient with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. Transportation Element: In evaluating this project, staff reviewed the applicant’s July 21, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP) using the 2022 and 2023 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 389 PM peak hour, 2-way trips on the adjacent roadway segments of Immokalee Road and Randall Boulevard. The trips generated by this development will occur on the following adjacent roadway link: Page 5 of 19 9.A.3.a Packet Pg. 875 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Link/Roadway Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2022 AUIR LOS/ Remaining Capacity 2023 AUIR LOS/ Remaining Capacity 45.0/Immokalee Road Wilson Blvd. to Oil Well Rd 3,300/East 150/East D/ 782 D/ 414 (2) 46.0/Immokalee Road Oil Well Rd to SR-29 900/East 48/East D/ 138 D/ 71 (2) 132.0/Randall Boulevard Immokalee Rd to Everglades Blvd 900/East 45/East D/ 95 D/ 92 (2) (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the petitioner's July 21, 2023, Traffic Impact Statement. (2) Expected Deficiency due to Trip Bank not caused by this proposed development (see State Statute 169.3180). Deficiency was found in the current 2023 AUIR and the previous 2022 AUIR. 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. ▪ The expected and existing deficiencies are not caused by this proposed development. The following network improvements are included in the 5-year work program: ▪ Intersection improvements at Immokalee and Randall include a 4-lane expansion of Randall from Immokalee to 8th Street. ▪ Vanderbilt Beach Extension east of Collier Boulevard. This improvement is currently projected to have a +/-5% capacity increase for this section of Immokalee. Phase one of this project is expected to be completed in +/-18 months, and phase two should be completed +/-12 months post-phase one. Based on the TIS, 2022, the 2023 AUIR, and the provisions of State Statute 169.3180, 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. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). The project site consists of 5.86-acres of native vegetation. A minimum of 0.88-acres (15%) of the native vegetation is required to be preserved. Page 6 of 19 9.A.3.a Packet Pg. 876 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) GMP Conclusion: This PUD Rezoning may only be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan if the companion GMPA (PL20230002460) is approved and goes into effect and the uses and intensities in this PUD align with those in the GMPA. As part of the consistency review, it is noted that the reduction of the western and northern buffers may be justified by the construction of the stormwater facility and that the 50-foot-wide southern buffer may be sufficient with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses the criteria above as the basis for its recommendation to the Board, who in turn use the criteria to support their action on the rezoning or amendment request. An evaluation relative to these subsections is discussed below under the heading " Zoning Services Review." In addition, staff offers the following analyses: Drainage: Stormwater Review staff notes that the project design must satisfy the Collier County GMP Public Facilities Element - Stormwater Management Sub-Element. The development’s stormwater system water quality retention and detention criteria shall be one hundred and fifty percent (150%) of the volumetric requirements provided in the ERP AH Vol II for use within the geographic limits of the SFWMD (2014). The allowable off-site discharge rate for the development project shall not exceed the discharge rate of the Corkscrew Canal Basin (0.04 cfs/ ac) and shall be computed using a storm event of 3-day duration and 25-year return frequency. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/ or platting (PPL). Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 0.88-acres (15% of 5.86-acres); the applicant proposes to retain the native vegetation through a Native Vegetation Buffer along the western and southern boundaries of the project. The environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected animal species. Listed wildlife species observed on the site include gopher tortoise (Gopherus polyphemus); two burrows were observed onsite. The proposed project is within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Several pine 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 and/or SDP review. Additionally, the property contains potential habitat for the Eastern Indigo Snake (Drymarchon corais couperi), the Red-Cockaded Woodpecker (Leuconotopicus Borealis), and Big Cypress Fox Squirrel (Sciurus niger Avicennia), and the Florida Panther (Puma concolor coryi). There was no evidence these species were utilizing the site. Page 7 of 19 9.A.3.a Packet Pg. 877 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) The property is in Wellfield Risk Management Special Treatment Overlay zones (ST/W-3) and (ST-W/4). Groundwater protection must be addressed in accordance with LDC Section 3.06.12. Environmental Services staff recommends approval. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval. Utility Review: The project lies within the regional potable water service area and the North County 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: Although the proposed north, south, and west buffers are reduced in width from what is typically provided to help meet the goals and objectives of the Rural Golden Gate Estates Sub Element, namely preserving the area's rural character, staff recognizes the unique circumstance with this particular petition with the improvements that the petitioner will be making to the future County stormwater management lake on an abutting parcel to the south and the need for the petitioner to offset those costs by having additional developable land. Typically, a 75-foot-wide native buffer is provided where non -residential development abuts Estates zoning in the Rural Golden Gate Estates (along the south and west boundaries of the PUD). ➢ The petitioner proposes a 50-foot-wide buffer along the south PUD boundary that will be required to meet the standards of a Type B buffer after the removal of exotics. If not, supplemental planting will be required as necessary to meet the Type B buffer standard (1 tree every 25-feet and a row of 5-foot high shrubs). ➢ The petitioner proposes a 25-foot-wide buffer along the west PUD boundary that will also be required to meet the standards of a Type B buffer after the removal of exotics, with supplemental plantings if necessary; however, the petitioner seeks to reduce this to a 10-foot-wide Type A buffer in the event that the parcel to the west is rezoned to allow for non-residential use. Should the rezoning to commercial use on the adjoining parcel transpire, the Type A buffer would be consistent with the LDC. A 25-foot-wide buffer is typically provided where abutting rights-of-way in Rural Golden Gate Estates. Page 8 of 19 9.A.3.a Packet Pg. 878 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) ➢ The petitioner proposes a 15-foot-wide buffer along Immokalee Road that meets the vegetation standards typically required per the Rural Golden Gate Estates Sub Element. The proposed vegetation is two rows of trees spaced 30-feet on center and a double hedge row of shrubs 24-inches in height spaced 3-feet on center, with at least 50% of the buffer comprised of meandering shrubs and ground covers other than sod. The required width of the buffer along the east boundary is 10-feet. Although the east buffer is labeled as 5-feet, this is considered acceptable because it is not uncommon for a portion of landscape buffers to overlap other easements with the plantings being located in the portion of the Landscape Buffer Easement (LBE) outside of the other easement(s). For this PUD, the plantings will be located in the easement labeled as “5-foot Type A LBE,” with the balance of the buffer width overlapping with the adjacent access/maintenance easement. Zoning Services Review: Zoning Division staff has evaluated the proposed uses relative to intensity and compatibility. Also, we have reviewed the proposed development standards for the project. The land use pattern in the local area consists primarily of Estates Zoned lots. The site is situated along a six-lane arterial roadway. The County plans a grade-separated intersection (flyover) in the vicinity of the Randall/Immokalee intersection, which is recognized in Transportation Commitment 2.D of Exhibit F of the Draft Ordinance attached to this staff report (Attachment A). On the east side of the canal along the CPUD’s eastern boundary is the Randall Boulevard Commercial Subdistrict, which allows commercial uses extending to the Immokalee Road/Randall Boulevard intersection. Existing uses to the east include a fire station, retailers, a gas station, and restaurants. Because the site’s Future Land Use designation of Estates - Mixed Use District, Residential Estates Subdistrict does not allow the proposed commercial uses or intensity, a companion GMP Amendment (PL20230002460) to designate the site as GMA Subdistrict is proposed to allow commercial development in this location. The CPUD is proposed to permit uses in the C-3, Commercial Intermediate, zoning district except for those listed as Prohibited Uses in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). The petitioner is proposing no maximum floor areas for the uses that are so restricted in the C-3 zoning district, and an additional permitted use of indoor air- conditioned mini and self-storage is proposed, which is permitted in the more intense C-5, Heavy Commercial, zoning district, and is a conditional use in the C-4, General Commercial, zoning district. Page 9 of 19 9.A.3.a Packet Pg. 879 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Proposed development standards are outlined in Exhibit B, List of Development Standards, in the Draft Ordinance attached to this staff report (Attachment A). The proposed development standards are generally consistent with the C-3 District dimensional standards of LDC Section 4.02.01, as summarized in the table below. Development Standards for Principal Uses E Estates Zoning District C-3 Commercial Intermediate Zoning District Proposed GMA PUD Min. Lot Area 98,010 s.f. 10,000 s.f. 10,000 s.f. Min. Lot Width 150 feet 75 feet 150 feet Max. Building Height 35 feet (zoned) 50 feet (zoned) 40 feet (zoned) 47 feet (actual) Min. Front Yard 75 feet 50% of the building height, but not less than 25 feet 25 feet Min. Side Yard 30 feet 25 feet (residential & waterfront); or 50% of the building height, but not less than 15 feet (non-residential) 25 feet (west), 30 feet (east), or 0 feet from LBE along the canal or 0 feet from lake maintenance easements Min. Rear Yard 75 feet 25 feet (residential & waterfront); or 50% of the building height, but not less than 15 feet (non-residential) 50 feet Landscape buffers and retained native vegetation areas are depicted in the proposed Master Plan. “Tract B” is depicted as a native vegetation buffer measuring 25-feet-wide on the west side and 50-feet-wide on the south side of the CPUD; the petitioner proposes that the west buffer be reduced to a 10-foot-wide Type A buffer in the event that the parcel to the west is rezoned to allow for non-residential use. As part of the Golden Gate Area Master Plan Consistency Review (Attachment B), it is noted that the reduction of the western and northern buffer widths from the typically mandated 75-foot-width along the west and 25-foot-width along the north may be justified by the construction of the stormwater facility benefiting the County drainage system and that the 50-foot-wide southern buffer may be sufficient with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. The petitioner seeks one deviation for relief from the LDC Section 4.06.02 Buffer Requirements, Table 2.4, Footnote 3, which states that “Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared (Type A) buffer 15-feet-wide with each abutting property contributing 7.5- feet” to a shared buffer 10-feet-wide with each abutting property contributing 5-feet. See the Deviation Discussion below on page 18. Page 10 of 19 9.A.3.a Packet Pg. 880 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) PUD FINDINGS: LDC Section 10.02.13.B.5 states that “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08.” (Zoning Division staff responses in non-bold). 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 site is comprised of three parcels fronting on a six-lane arterial roadway. The development pattern in the surrounding area is characterized by rural residential development with commercial uses to the east along Immokalee Road near its intersection with Randall Boulevard. The County plans a grade-separated intersection (flyover) in the vicinity of the Randall/Immokalee intersection, which is recognized in Transportation Commitment 2.D of Exhibit F of the Draft Ordinance attached to this staff report (Attachment A). The site is bounded on the north by Immokalee Road and on the east by a canal. Collier County owns the central 3.23-acre parcel of the site and is currently used as a dry water detention facility associated with the Immokalee Road drainage system. Through a Land Exchange Agreement dated November 9, 2021, with amendments dated April 12, 2022, and April 11, 2023, Collier County has agreed to exchange this parcel for the petitioner’s five-acre parcel, which borders the subject site to the south. See Attachment B for the Land Exchange Agreement with First and Second Amendments. County staff will also evaluate the project's stormwater management system, calculations, and design criteria at the time of site development plan (SDP) and/ or platting (PPL). 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. The Golden Gate Area Master Plan does not allow the proposed intensity of commercial uses in this location; therefore, the petitioner seeks a companion GMP Amendment (PL20230002460) to create a new GMA Subdistrict within the Estates - Mixed Use District that will allow the proposed uses and intensity at this location. 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. The County Attorney’s Office reviewed documents submitted with the application to demonstrate unified control. Page 11 of 19 9.A.3.a Packet Pg. 881 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the [GMP]. Comprehensive Planning, Environmental, and Transportation staff have reviewed the petition for consistency with the goals, objectives, and policies of the Golden Gate Area Master Plan and GMP. This PUD Rezoning may only be deemed consistent with the FLUE if the companion GMP Amendment (PL20230002460) is approved and goes into effect, and the uses and intensities in this PUD align with those in the GMP Amendment. As part of the consistency review, it is noted that the reduction of the western and northern buffers may be justified by the construction of the stormwater facility and that the 50-foot-wide southern buffer may be sufficient with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. 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 property is surrounded mainly by Estates zoned property with single-family residential development. To the east of the canal along the CPUD’s eastern boundary is the Randall Boulevard Commercial Subdistrict, which allows commercial uses extending to the Immokalee Road/Randall Boulevard intersection. Existing uses to the east include a fire station, retailers, a gas station, and restaurants. The currently applicable Estates zoning district has a larger minimum lot area of 98,010 s.f. compared to the proposed 10,000 s.f. Currently, applicable setbacks of 75 feet (front and rear) are proposed to be a minimum of 25-feet (front) and 50-feet (rear). Currently, the applicable building height of 35 feet (zoned) is proposed to increase to a maximum of 40-feet (zoned) and 47-feet (actual). As mentioned in the Staff Analysis section of this staff report, the proposed north, south, and west buffers are reduced in width compared to what is typically mandated for non- residential projects per the Rural Golden Gate Estates Sub-Element. However, given the need for additional developable land to offset the costs of the County stormwater management lake, staff is of the opinion that the buffers proposed will provide an acceptable balance of buffering to provide compatibility and the opportunity to help offset costs associated with the public benefit they are providing with the County stormwater management lake, and the 50-foot wide southern buffer may sufficiently address compatibility with the homes to the south with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. Light poles will be limited to a height of 20 feet and dark sky compliant to avoid light trespass onto adjacent property per Development Commitment 4A in Exhibit F of the Draft Ordinance (Attachment A). Page 12 of 19 9.A.3.a Packet Pg. 882 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) One deviation is requested to allow internal buffering between commercial outparcels to be reduced from a shared 15-foot-wide Type A buffer to a shared buffer 10-feet-wide with each abutting property contributing five feet. This will reduce the buffer width between internal parcels, the planting requirement of trees spaced 30-feet on center will maintain an equivalent degree of internal shade and greenery consistent with the LDC. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. For Commercial PUDs, thirty percent of the gross area shall be devoted to usable open space according to LDC Section 4.07.02. G.2. The required 30 percent open space for this 9.84-acre site is 2.95-acres. The PUD Master Plan indicates compliance with this standard, with 3.13-acres committed as open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the first development order (SDP or Plat) when a new TIS will be required to demonstrate turning movements for all site access points. 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. The development must comply with all applicable concurrency management regulations when development approvals are sought, including but not limited to PPL and or SDP. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The subject property is proposed to accommodate up to 125,000 square feet of Commercial Intermediate District (C-3) uses, of which up to 80,000 square feet may consist of indoor air-conditioned mini and self-storage use (SIC 4225). The subject site would likely not be able to expand to the south as those properties are developed with residential dwellings along with the five-acre parcel to be used as a new water detention facility through a Land Exchange Agreement between the petitioner and Collier County dated November 9, 2021, with amendments dated April 12, 2022, and April 11, 2023. With Immokalee Road to the north and the canal to the east, the only direction the property could expand is to the west on undeveloped Estates zoned properties. 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. Page 13 of 19 9.A.3.a Packet Pg. 883 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) The petitioner requests one deviation from the Land Development Code (LDC) in connection with this request to rezone to CPUD to allow internal buffering between commercial outparcels to be reduced from a shared 15-foot-wide Type A buffer to a shared buffer 10-feet-wide with each abutting property contributing 5-feet. See the Deviation Discussion below beginning on page 18 of this staff report. REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable.” 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. Comprehensive Planning, Environmental, and Transportation staff have reviewed and analyzed the petition for consistency with the GMP's goals, objectives, and policies. Comprehensive Planning staff has reviewed and analyzed the petition for consistency with the goals, objectives, and policies of the Golden Gate Area Master Plan and GMP. This PUD Rezoning may only be deemed consistent with the FLUE if the companion GMP Amendment (PL20230002460) is approved and goes into effect, and the uses and intensities in this PUD align with those in the GMP Amendment. As part of the consistency review, it is noted that the reduction of the western and northern buffers may be justified by the construction of the stormwater facility and that the 50-foot-wide southern buffer may be sufficient with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. 2. The existing land use pattern. The existing land use pattern of the surrounding area is described in the Surrounding Land Use and Zoning section of this staff report. Surrounding properties to the north, south, and west are also in the Golden Gate Estates Mixed- Use District and Residential Estates Subdistrict and consist of single-family residential homes and undeveloped lots zoned Estates. To the east is the Golden Gate Estates Commercial District, Randall Boulevard Commercial Subdistrict, which allows for various commercial uses but does not permit indoor air- conditioned mini and self-storage use (SIC 4225). Development proposed with this CPUD and companion GMPA constitutes an extension and increase of commercial uses along the corridor. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Properties to the north, south, and west of the subject site are zoned Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 or W-4 (E- ST/W3 or W-4). Properties to the east along Immokalee Road are a mix of Page 14 of 19 9.A.3.a Packet Pg. 884 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) nonresidential developments in the Golden Gate Estates – Commercial District, Randall Boulevard Commercial Subdistrict, with Provisional Use approval for a fire station, Conditional Use approval for a communications tower, Mir-mar PUD, and Randall Blvd Center PUD. Considering these commercial uses just east of the subject site, it would not be an isolated district unrelated to nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. There are no illogically drawn district boundaries in relation to existing conditions on the property proposed for change. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not specifically necessary. However, the applicant believes the rezoning is necessary to accommodate construction of commercial uses, including indoor air-conditioned mini and self-storage use (SIC 4225), to meet future needs of the surrounding community. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change is not likely to adversely influence living conditions in the neighborhood if developed as proposed, with the addition of an opaque fence or wall along the southern perimeter of the PUD. Access will be directed to and from Immokalee Road, with the potential for a future interconnection to the west. Through a Land Exchange Agreement dated November 9, 2021, with amendments dated April 12, 2022, and April 11, 2023, Collier County has agreed to exchange a 3.23-acre portion of the subject site for the petitioner’s five-acre parcel which borders the subject site to the south. Per terms of the agreement, the petitioner will design, permit, and construct a new water detention facility on the southern parcel, which is intended to provide a stormwater management improvement for the area. The petitioner proposes to provide a minimum 50-foot-wide vegetation retention buffer along the south perimeter and a minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Proposed development standards are outlined in Exhibit B, List of Development Standards, in the Draft Ordinance attached to this staff report (Attachment A). Supplemental plantings within the buffer areas may be required in accordance with LDC Section 3.05.07 to ensure that 80% opacity is achieved within one year of planting. Light poles will be limited to a height of 20-feet and dark sky compliant to avoid light trespass onto adjacent property per Development Commitment 4-A in Exhibit F of the Draft Ordinance (Attachment A). 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. Page 15 of 19 9.A.3.a Packet Pg. 885 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Access will be directed to and from Immokalee Road, with the potential for a future interconnection to the west. Transportation Planning staff has determined that the impacted roadway infrastructure has adequate capacity to serve the proposed project at this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of first development order (SDP or Plat). The project’s development must also comply with all other applicable concurrency management regulations when development approvals are sought. 7. Whether the proposed change will create a drainage problem. It is not anticipated that the rezoning will create stormwater drainage problems in the area provided environmental resource permitting that adequately addresses stormwater best management practices, stormwater pollution prevention, urban stormwater management, on-site stormwater treatment, attenuation storage, flood plain compensation, and maintenance is processed through the South Florida Water Management District. County staff will evaluate the project's stormwater management system, calculations, and design criteria at the time of SDP and/or plat review. 8. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this CPUD will reduce light or air to the adjacent areas. 9. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based on anticipated results, which may be internal or external to the subject property. Property valuation is affected by various factors, including zoning; however, zoning by itself may or may not affect values since market forces drive value determination. 10. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The approval of the CPUD rezone request with a recommendation for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. (adjacent to Estates zoned single-family homesites) is not likely to deter development of the surrounding properties in accordance with existing regulations. 11. Whether the proposed change will constitute a grant of special privilege to an individual owner, contrasting with the public welfare. If the proposed GMP Amendment (PL20230002460) is approved, that will constitute a public policy statement supporting the development parameters being found to be appropriate, and the zoning action would subsequently be consistent with the Comprehensive Plan as amended. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further Page 16 of 19 9.A.3.a Packet Pg. 886 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) determined to be a public welfare relationship because actions consistent with plans are in the public interest. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be used in accordance with existing zoning to develop estate residential or limited agricultural use; however, the proposed uses and intensities cannot be achieved without amending the Growth Management Plan and rezoning. 13. Whether the change suggested is out of scale with the neighborhood's or the County's needs. The subject site is located in the Golden Gate Estates Mixed-Use District, Residential Estates Subdistrict on the Future Land Use Map, which is intended for rural character development with residential density of up to one unit per 2.25 gross acres, or one unit per legal non-conforming lot of record, exclusive of guesthouses, as well as limited agricultural activities. Surrounding properties to the north, south, and west are also in the Golden Gate Estates Mixed-Use District, Residential Estates Subdistrict. Property to the east across the canal is in the Golden Gate Estates Commercial-District, Randall Boulevard Commercial Subdistrict, which allows for various commercial uses but does not permit indoor air-conditioned mini and self-storage use (SIC 4225). The companion GMPA (PL20230002460) seeks to establish a new GMA Commercial Subdistrict within the Golden Gate Area Master Plan to allow for up to 125,000 square feet of Commercial Intermediate District (C-3) uses, of which up to 80,000 square feet may consist of indoor air-conditioned mini and self-storage use (SIC 4225). Given the location of the property and the intent of the Golden Gate Estates Area Master Plan, the proposed uses may be out of scale with the needs of the current neighborhood. However, the petitioner’s market analysis submitted with the GMPA petition is provided to demonstrate that the scale of the request aligns with future market needs. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed based on the location and proposed use of the subject site, and staff does not specifically review other sites in conjunction with a site-specific petition. 14. 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 CPUD is proposed to include up to 125,000 square feet of Commercial Intermediate District (C-3) uses, of which up to 80,000 square feet may consist of Page 17 of 19 9.A.3.a Packet Pg. 887 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) indoor air-conditioned mini and self-storage use (SIC 4225). Any development anticipated by this PUD would require significant site alteration and would be subject to federal, state, and local development regulations and review during the SDP and/or platting process and again as part of the building permit process. 15. 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. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. Concurrency review for Adequate Public Facilities is determined at the time of SDP review. 16. Such 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 during its advertised public hearing. DEVIATION DISCUSSION The petitioner is seeking one deviation from LDC requirements. The deviation is directly restated from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation are outlined below. Proposed Deviation # 1: (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which states that “Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared [Type A] buffer 15-feet-wide with abutting property contributing 7.5-feet” to allow instead a shared buffer 10-feet-wide with each abutting property contributing 5-feet. Petitioner’s Justification: The native vegetation retention area has been located along the western and southern perimeter (adjacent to Estates zoned property). The project will provide a 50’ wide perimeter buffer consisting of native vegetation along the south perimeter (adjacent to existing residential uses) and a 25’ wide perimeter buffer consisting of native vegetation along the western perimeter. The reduced buffer width internal to the project still provides sufficient space for attractive, appropriate landscaping and will not negatively impact the surrounding area. Staff Analysis and Recommendation: Staff recognizes this relief for internal buffering between commercial outparcels within the development does not have a detrimental impact when buffering is coordinated internal to the project and recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of thecommunity” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Page 18 of 19 9.A.3.a Packet Pg. 888 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner conducted a NIM on August 7, 2023, at the Collier County UF/IFAS Extension at 14700 Immokalee Road. The meeting commenced around 5:30 p.m. and ended at approximately 6:00 p.m. Approximately seven members of the public attended, and two members of the public attended virtually via Zoom. Following a presentation by the agent, attendees asked for more information about the proposed commercial uses, the amount of traffic that will be generated, and the design of the development. Concerns were raised about neighborhood character and transition from Estates to commercial use. See Attachment E for a copy of the NIM documentation. ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW This project does not require an 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 Code of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney’s office reviewed this Staff Report on January 10, 2024. RECOMMENDATION: There is a companion Growth Management Plan Amendment (GMPA) petition, PL20230002460. This rezoning request may only be found consistent with the GMP if the GMPA is approved and becomes effective. Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PL20230002458 GMA CPUD Rezone to the Board of County Commissioners (BCC) with a recommendation of approval with an effective date linked to the effective date of the companion GMP Amendment petition, which recommends a provision for an opaque fence or wall along the southern perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. Attachments: A. Draft Ordinance B. Land Exchange Agreement dated November 9, 2021, with amendments dated April 12, 2022, and April 11, 2023 C. Golden Gate Area Master Plan Consistency Review Memo D. Application/Backup Materials E. NIM Documentation F. Public Input received as of January 2, 2024 Page 19 of 19 9.A.3.a Packet Pg. 889 Attachment: randall-CPUD-Staff-Report-1-26-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) ORDINANCE N().202{- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OT'COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO, 2OO4-4I, AS AMENDED, THE, COLLIER COUNTY LANT) DEVELOPMENT CODE, WHICH ESTABLISHED TTIE COMPREHBNSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AME,NDING THE, APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HE,REIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITIIIn. WIILI,FIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W.3 AND W-4 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHTN WELLT'IELD RISK MANA(;EMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W.4 FOR A PRO.IECT TO I}E KNOWN AS GMA CPUD, TO AT,I,OW 125,()OO SQUARE FEE,T OF GROSS FLOOR AREA OF COMMERCIAT, INTERMEDIATE (C-3) AND INDOOR AIR.CONDITIONED MINI AND SELF-STORAGE (SIC 4225) USES, OF WHICH UP TO 8(),OOO SQUARE FEE,T OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR.CONDITIONED MINI AND SELI"STORAGE, FOR THE PROPERTY LOCATEI) SOUTH OF IMMOKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOUI-EVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTIN(; OF 9.84+ ACRES; AND BY PROVIDING AN EFF'ECTM DATE. [PL202300024581 WIIEREAS, Robert J. Mulhcre, FAICP and Jeremy Chastaine, AICP of Flole Montes, representing GM Advisors, 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: SI'C'[ION ONR, The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 27 East, Collier County, Florida, is changed from the Estates (E) Zoning District within Wellfield Risk Management Special Treatment Overlay Zones W-3 and [23-CPS-02342/1838215/ I ] 130 Randall Illvd - lmmokalcc Road / PL20230002458 v9t24 I of 2 9.A.3.b Packet Pg. 890 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) W-4 to a Commercial Planncd Unit Development (CPUD) Zoning District within the Wellfield Risk Management Spccial Treatment Overlay Zones W-3 and W-4 for a 9.84+/- acre project to be known as GMA CPUD, in accordance with Exhibits A through F attached hereto and incorporated herein by reference. 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. SBCl'lON't'WO: 'l'his Ordinance shall become efl'ective upon filing with the Department of State and on PASSED AND DULY ADOP'IED by super-majority vote of thc Board of County CommissionersofCollierCounty,Florida,this-dayol-,2024, the date that the Growth Management Plan Amendment in Ordinance No. effective. becomcs BOARD OF COTINTY COMMISSIONERS COLLIER COLTNTY, FLORIDA l)1 : Chris I Iall. Chairman ATTEST: CRYSTAL K. KINZEL, CLERK By: Approved as to lorm and legality Attachments: Exhibit A - Exhibit B - Exhibit C - Ilxhibit D - Exhibit E - Exhibit F - Hcidi Ashton-Cicko \// Managing Assistant County Attomey , Dcputy Clerk v^fifur List of Permitted Uses Development and Design Standards Masler Concept Plan Legal Description Deviations Development Commitments [23-CPS-02342/l 8382 | 5/r I l]o Randall Blvd - Immokalcc Road / Pt,20230002458 I /9/24 2ot? 9.A.3.b Packet Pg. 891 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 1 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx EXHIBIT A GMA CPUD PERMITTED USES 1. TRACT C – COMMERCIAL A maximum of 125,000 square feet of gross floor area of the following uses is permitted. A. Principal Uses: 1. Accounting (SIC 8721). 2. Adjustment and collection services (SIC 7322). 3. Advertising agencies (SIC 7311). 4. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga and gymnastics instruction, gymnastic schools, and recreation involving physical fitness exercise only). 5. Animal specialty services, except veterinary (SIC 0752, only dog grooming pedigree record services for pets and other animal specialties, and training of pets and other animal specialties; excluding outside kenneling). 6. Apparel and accessory stores (SIC 5611—5699). 7. Architectural services (SIC 8712). 8. Auditing (SIC 8721). 9. Auto and home supply stores (SIC 5531). 10. Banks, credit unions and trusts (SIC 6011—6099). 11. Barber shops (SIC 7241, except for barber schools). 12. Beauty shops (SIC 7231, except for beauty schools). 13. Bookkeeping services (SIC 8721). 14. Business associations (SIC 8611). 15. Business consulting services (SIC 8748). 16. Business credit institutions (SIC 6153—6159). 17. Business services — miscellaneous (SIC 7389, except auctioneering service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). 9.A.3.b Packet Pg. 892 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 2 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx 18. Child day care services (SIC 8351). 19. Churches. 20. Civic, social and fraternal associations (SIC 8641). 21. Commercial art and graphic design (SIC 7336). 22. Commercial photography (SIC 7335). 23. Computer and computer software stores (SIC 5734). 24. Computer programming, data processing and other services (SIC 7371— 7379). 25. Credit reporting services (SIC 7323). 26. Direct mail advertising services (SIC 7331). 27. Drug stores (SIC 5912) 28. Eating places (SIC 5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of LDC section 5.05.01. 29. Engineering services (SIC 8711). 30. Essential services, subject to LDC section 2.01.03. 31. Federal and federally sponsored credit agencies (SIC 6111). 32. Food stores (SIC 5411—5499). 33. Garment pressing, and agents for laundries and drycleaners (SIC 7212). 34. General merchandise stores (SIC 5331—5399). 35. Glass stores (SIC 5231). 36. Hardware stores (SIC 5251). 37. Health services, offices and clinics (SIC 8011—8049). 38. Home furniture and furnishings stores (SIC 5712—5719). 39. Home health care services (SIC 8082). 40. Household appliance stores (SIC 5722). 41. Indoor Air-Conditioned Mini and Self-Storage (SIC 4225) not to exceed 80,000 square feet of gross floor area. 42. Insurance carriers, agents and brokers (SIC 6311—6399, SIC 6411). 43. Landscape architects, consulting and planning (SIC 0781). 44. Legal services (SIC 8111). 45. Loan brokers (SIC 6163). 46. Management services (SIC 8741 and SIC 8742). 47. Membership organizations, miscellaneous (SIC 8699). 48. Mortgage bankers and loan correspondents (SIC 6162). 49. Museums and art galleries (SIC 8412). 50. Musical instrument stores (SIC 5736). 51. Paint stores (SIC 5231). 52. Personal credit institutions (SIC 6141). 53. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less of gross floor area in the principal structure. 54. Personnel supply services (SIC 7361 and SIC 7363). 55. Photocopying and duplicating services (SIC 7334). 9.A.3.b Packet Pg. 893 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 3 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx 56. Photofinishing laboratories (SIC 7384). 57. Photographic studios, portrait (SIC 7221). 58. Physical fitness facilities (SIC 7991; SIC 7911, except discotheques). 59. Political organizations (SIC 8651). 60. Professional membership organizations (SIC 8621). 61. Public administration (SIC 9111—9199, SIC 9229, SIC 9311, SIC 9411— 9451, SIC 9511—9532, SIC 9611—9641). 62. Public relations services (SIC 8743). 63. Radio, television and consumer electronics stores (SIC 5731). 64. Radio, television and publishers advertising representatives (SIC 7313). 65. Real Estate (SIC 6531—6552). 66. Religious organizations (SIC 8661). 67. Repair services - miscellaneous (SIC 7629—7631 except aircraft electrical equipment repair except radio), SIC 7699 - bicycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only). 68. Retail nurseries, lawn and garden supply stores (SIC 5261). 69. Retail services - miscellaneous (SIC 5921—5963 except pawnshops and building materials, SIC 5992-5999 except auction rooms, awning shops, gravestones, hot tubs, monuments, swimming pools, tombstones and whirlpool baths). 70. Secretarial and court reporting services (SIC 7338). 71. Security and commodity brokers, dealer, exchanges and services (SIC 6211—6289). 72. Shoe repair shops and shoeshine parlors (SIC 7251). 73. Surveying services (SIC 8713). 74. Tax return preparation services (SIC 7291). 75. Travel agencies (SIC 4724, no other transportation services). 76. United State Postal Service (SIC 4311, except major distribution center). 77. Veterinary services (SIC 0742, excluding outdoor kenneling). 78. Videotape rental (SIC 7841). 79. Wallpaper stores (SIC 5231). 80. Any other commercial use which is comparable in nature with the list of permitted uses, as determined by the Hearing Examiner or Board of Zoning Appeals (BZA), pursuant to the process outlined in the LDC. B. Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses above. 2. Stormwater management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 3. Outside storage or display of merchandise when specifically permitted for a use, otherwise prohibited, subject to LDC Section 4.02.12. 9.A.3.b Packet Pg. 894 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 4 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx C. Prohibited Uses 1. Educational plants and public schools subject to LDC Section 5.05.14. 2. Funeral services (SIC 7261). 3. Gasoline service stations (SIC 5541). 4. Group care facilities (category I and II, except for homeless shelters); care units, except for homeless shelters; nursing homes; assisted living facilities pursuant to § 429.02 F.S. and ch. 59A-36 F.A.C.; and continuing care retirement communities pursuant to ch. 651 F.S. and ch. 69O-193 F.A.C.; all subject to LDC section 5.05.04. 9.A.3.b Packet Pg. 895 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 5 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx EXHIBIT B GMA CPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for land uses within the GMA CPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan. PRINCIPAL USES ACCESSORY USES MIN. LOT AREA 10,000 S.F. N/A MIN. LOT WIDTH 150 FT. N/A PERIMETER SETBACKS Front (North) 25 FT. SPS Side (East) 30 FT. SPS Side (West) 25 FT. SPS Rear (South) 50 FT. SPS WATERBODY SETBACKS Canal (East) 0 FT. from LBE SPS Lakes 0 FT. from LME MIN. DISTANCE BETWEEN STRUCTURES 50% of the sum of the heights of the buildings, but not less than 15 FT. SPS MAXIMUM HEIGHT Zoned 40 FT. 25 FT. Actual 47 FT. 32 FT. MIN. FLOOR AREA 700 S.F. (ground floor) N/A S.F. – square feet; N/A – not applicable; SPS – same as principal structure, LBE – landscape buffer easement; LME – lake maintenance easement. 9.A.3.b Packet Pg. 896 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 6 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx PERIMETER LANDSCAPE BUFFERS Direction Buffer Type North, adjacent to Immokalee Road A 15’ Enhanced Type D Buffer, with two rows of trees spaced 30’ on center, and a double hedge row consisting of shrubs 24” in height spaced 3’ on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. South and Wast A minimum 50-foot-wide native vegetation retention buffer area along the southern perimeter and a minimum 25-foot-wide native vegetation retention buffer area along the western perimeter. Up to 25% of the width of the southern perimeter buffer may be utilized for stormwater management. Retained native vegetation within these buffers may be used to satisfy the LDC native vegetation retention requirement. The retained native vegetation within these buffers may be used to meet the LDC buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. No additional setbacks from these native vegetation buffer areas shall be required. If, at the time of issuance of the first building permit for a commercial structure within this CPUD, the property to the west has been rezoned to allow for non-residential use, the 25-foot- wide native vegetation retention buffer area along the western perimeter may be reduced to a 10’ Type A buffer. East 5’ Type A shall be provided, 58 feet from the eastern property line. 9.A.3.b Packet Pg. 897 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 7 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx 9.A.3.bPacket Pg. 898Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 8 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx 9.A.3.bPacket Pg. 899Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 9 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx EXHIBIT D GMA CPUD LEGAL DESCRIPTION All of Tract 35, Golden Gate Estates, Unit No. 23, according to the plat thereof as recorded in Plat Book 7, Page 9, of the Public Records of Collier County, Florida, LESS that portion for road right- of-way described in Official Records Book 3100, page 2570, Public Records of Collier County, Florida; and All of Tract 36, Golden Gate Estates, Unit. No. 23, according to the plat thereof as recorded in Plat Book 7, Page 9 – 10, of the Public Records of Collier County, Florida, LESS that 0.5722± acre portion for road-right-of way described on the boundary survey as AREA EXCLUDED FROM PUD; and All of Tract 53, Golden Gate Estates, Unit No. 23, according to the plat thereof as recorded in Plat Book 7, page 9, of the Public Records of Collier County, Florida, LESS that portion for road right- of-way described in Official Records Book 3100, Page 2577, Public Records of Collier County, Florida. TOTAL AREA: 9.84 ACRES± 9.A.3.b Packet Pg. 900 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 10 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx EXHIBIT E GMA CPUD LIST OF DEVIATIONS 1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.06.02- Buffer Requirements, Table 2.4, Footnote 3, which states that “Buffer areas between commercial outparcels located within a shopping center, Business Park, or similar commercial development may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet” to instead allow a shared buffer 10 feet wide with each abutting property contributing 5 feet. 9.A.3.b Packet Pg. 901 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 11 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx EXHIBIT F GMA CPUD LIST OF DEVELOPMENT COMMITMENTS 1. PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for CPUD monitoring until close-out of the CPUD, and this entity shall also be responsible for satisfying all CPUD commitments until close-out of the CPUD. At the time of this CPUD approval, the Managing Entity is GM Advisors, LLC. 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, 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 the County that includes an acknowledgment of the commitment 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 will not be relieved of its responsibility under this Section. When the CPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of CPUD 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 obligation imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum daily trip generation for the CPUD shall not exceed 389 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. The owner or their successor shall, at the determination of the County Manager or designee, provide an interconnection to the adjacent property to the west should either or both properties rezone, change use, or make application for a Site Development Plan to/for a use that benefits from or requires an interconnection. 9.A.3.b Packet Pg. 902 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 12 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx C. The size and location of the compensating right-of-way for the required right turn lane for the western access point shall be determined at the time of site development review when specific development parameters are determined. D. Developer, on behalf of itself, its successors and assigns (including any and all future owners and tenants, within the development), hereby (1) waives any and all claims for compensation and damages, including but not limited to future business damages and addition or modification of medians, from Collier County as a result of the flyover or its construction; and (2) will give all successors, assigns, tenants and buyers, who purchase or lease land from the Developer a separate written notice of the planned flyover with the statement that the County will not construct any sound wall or other barrier of any kind to reduce the impact, noise, etc. of the flyover. This waiver does not include claims related to closure of access points as shown on the Master Plan or claims related to real or personal property acquisition of the PUD lands subsequent to the adoption of this PUD. 3. ENVIRONMENTAL A. The minimum required native vegetation preservation is ±0.88 acre. Native vegetation preservation will be on-site. B. Retained native vegetation within Tract B may be used to satisfy the perimeter landscape buffer planting requirements after exotic vegetation removal in accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings utilizing native plant materials may be required in accordance with LDC Section 3.05.07, to ensure that 80% opacity is achieved within one year of planting. 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. 4. OTHER A. Light poles shall be limited to a height of 20’ and dark sky compliant (flat panel, full cut-off fixtures-backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto adjacent property. B. The 15’ wide Type “D” perimeter buffer adjacent to Immokalee Road shall consist of two rows of trees spaced 30’ on center, and a double hedge row consisting of shrubs 24” in height spaced 3’ on center. A minimum of 50% of the buffer area shall be comprised of meandering shrubs and ground covers other than sod. C. Prior to issuance of the first certificate of occupancy, Owner shall convey to Collier County and South Florida Water Management District, a twenty foot (20’) wide nonexclusive access and maintenance easement located along the east perimeter of the PUD, free and clear of all liens and encumbrances and at no cost to Collier County or South Florida Water Management District. The applicant or successor 9.A.3.b Packet Pg. 903 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Page 13 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx entity shall allow access to this easement thought the improved access to the development along Immokalee Road. D. If, at the time of issuance of the first building permit for a commercial structure within this CPUD, the property to the west has been rezoned to allow for non- residential use, the 25-foot-wide native vegetation retention buffer area along the western perimeter may be reduced to a 10’ Type A buffer. 9.A.3.b Packet Pg. 904 Attachment: Att A - Draft Ordinance - 010924 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 905 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 906 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 907 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 908 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 909 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 910 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 911 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 912 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 913 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 914 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 915 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 916 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 917 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 918 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 919 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 920 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 921 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 922 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 923 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 924 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 925 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 926 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 927 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 928 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 929 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 930 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 931 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 932 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 933 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 934 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 935 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 936 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 937 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 938 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 939 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 940 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 941 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.c Packet Pg. 942 Attachment: Att B - Land Exchange Agmt & Amendments (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) Growth Management Community Development Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Laura DeJohn AICP, Planner II, Zoning Services Section From: Kathy Eastley, AICP, Planner III, Comprehensive Planning Section Date: December 26, 2023 Subject: Golden Gate Area Master Plan Consistency Review PETITION NUMBER: PUDZ-PL20230002458 PETITION NAME: GMA CPUD Rezone REQUEST: Rezone the subject property (±9.84 acres) from Estates Zoning District with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W-3-ST/W-4) to the GMA Commercial Planned Unit Development (CPUD) zoning district with ST/W-3 and ST/W-4 Overlay Zones to permit up to 125,000 square feet of select uses consistent with the Collier County Land Development Code (LDC) Commercial Intermediate Zone District (C-3), of which up to 80,000 square feet may be Indoor Self Storage. LOCATION: The subject site is on the south side of Immokalee Road, between Wilson Boulevard and Randall Boulevard (1,000 feet east of Wilson Boulevard and 770 feet west of Randall Boulevard), in Section 27, Township 48 South, Range 27 East, Collier County, Florida. 9.A.3.d Packet Pg. 943 Attachment: Att C - Consistency Memo - PUDZ-PL20230002458 GMA CPUD 12-26-23 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 2 BACKGROUND: As shown on the map above, the proposed PUD is highlighted in yellow and includes three individual parcels that total approximately 9.84 acres in Golden Gate Estates, Unit 23. Tract 35 is the westernmost of the parcels and approximately 2.9 acres, the central parcel is Tract 36 comprised of approximately 3.79 acres, and Tract 53 is at the easternmost parcel and is approximately 3.75 acres including a portion of the adjacent canal. Tracts 35 and 53 are owned by GM Advisors, LLC (GMA), and Tract 36 (the central tract) is owned by Collier County. The county-owned parcel is used as a drainage facility and the remaining tracts are undeveloped. A Land Exchange Agreement (OR6045 PG1878, as amended) (Agreement) exists between GMA and Collier County that will result in the transfer of ownership of the Collier County parcel to GMA and, in exchange, GMA will transfer a five-acre parcel south of and adjacent to the canal to Collier County (the Swap Parcel) as shown in purple on the map, above. In addition to the land exchange, the Agreement states that GMA will design, permit, and construct a new pond and related drainage facilities on the Swap Parcel to provide treatment and attenuation of stormwater runoff for Immokalee Road, at the sole cost and expense of GMA. The Agreement also requires that GMA convey to the County a minimum 20-foot drainage easement on Tract 53, for the operation and maintenance of the drainage improvements directly south of and adjacent to this tract. The three parcels are zoned Estates (E) and are in the Wellfield Risk Management Special Treatment Overlay as shown on the Wellfield Risk Management Special Treatment Overlay Zone Maps. Tract 35 and a portion of Tract 36 are in the ST/W-3 zoning overlay, and the remaining portion of Tract 36 and the entirety of Tract 53 are in the ST/W-4 zoning overlay. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Estates (Estates - Mixed Use District, Residential Estates Subdistrict) as identified on the Rural Golden Gate Estates Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). The Estates “…designation is characterized by low density semi-rural residential lots with limited opportunities for other land uses.” The GGAMP further provides that the Estates designation can accommodate future non-residential uses through conditional uses and neighborhood centers. The Residential Estates Subdistrict allows single-family residential development with a maximum density of one unit per 2.25 gross acres or one unit per legal non-confirming lot of record. The rezoning proposal creates the GMA Commercial Planned Unit Development (CPUD) to allow commercial uses generally consistent with the Commercial Intermediate (C-3), zoning district in the Collier County Land Development Code (LDC), Ord. No. 04-41, as amended, and indoor air- conditioned mini and self-storage. The PUD would be limited to a maximum of 125,000 square feet of commercial use, of which up to 80,000 square feet is allowed for indoor air-conditioned mini and self- storage use (SIC 4225). The LDC allows indoor self-storage by Conditional Use in the General Commercial District (C-4) and is a Permitted Use in the Heavy Commercial District (C-5). The CPUD is not consistent with the GGAMP, and therefore a companion petition (PL20230002460) has been submitted to create the GMA Subdistrict to allow for the proposed uses. Staff has identified some issues for consideration pertaining to uses and landscape buffers: T 35 T 36 T 53 9.A.3.d Packet Pg. 944 Attachment: Att C - Consistency Memo - PUDZ-PL20230002458 GMA CPUD 12-26-23 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 3 Immokalee Road Randall Boulevard Planning Study This planning study was initiated (in 2019 and completed in 2021) to identify land use tools and infrastructure necessary to support future development within the Immokalee Road/Randall Boulevard study area. This study area included 277 acres on the north side of Immokalee Road from the Randall Boulevard intersection to 3rd Avenue Northeast, and the south side of Immokalee Road east of Wilson Boulevard to and including the south side of Randall Boulevard to 8th Street Northeast. The study made several recommendations regarding the development of non-residential uses in the area, including the community’s preference for mixed use development and concentration of commercial uses such as retail, and dining at the Immokalee Road/Randall Boulevard intersection. The study did not indicate that commercial uses were appropriate west of the canal on Immokalee Road. Buffer Requirements for Neighborhood Centers in the GGAMP: “Commercial projects directly abutting residential property (property zoned E-Estates and without an approved conditional use) shall provide, at a minimum, a seventy-five (75) foot wide buffer in which no parking uses are permitted. Twenty-five (25) feet of the width of the buffer along the developed area shall be a landscape buffer. A minimum of fifty (50) feet of the buffer width shall consist of retained native vegetation and must be consistent with the Collier County Land Development Code (LDC). The native vegetation retention area may consist of a perimeter berm and be used for water management detention.” Additional criteria apply to newly constructed berms and using the native vegetation retention area for water management purposes. The purpose of the buffer is to protect the rural character of the area, particularly for abutting properties zoned (E) that are residential or may develop with residential use. The proposed CPUD Master Plan identifies buffers that do not meet the GGAMP buffer policies based on the proposed buffer widths and plantings in the CPUD Master Plan. Given that the proposed use intensity is both similar to the Neighborhood Center designation (C-3 uses) and exceeds it (self-storage use), staff believes it appropriate to apply the same buffer requirements as exists in the Neighborhood Center designation. The GGAMP buffer policies also include a requirement for a 25-foot buffer abutting the external road right-of-way, with specific planting requirements. The petition proposes a 15-foot enhanced Type D Limited Buffer Easement (LBE) along Immokalee Road and, though the proposed buffer does not meet the 25-foot width, the plantings proposed are consistent with those required by the GGAMP. The GMPA petition states that the justification for the reduction of the buffers is to maximize the developable area to offset the cost of stormwater improvements the applicant will make to the Swap Parcel. Transitional Conditional Use Provision: The GGAMP states that conditional uses may be granted in transitional areas, which are defined as being located between existing non-residential and residential uses. If the GMPA and CPUD are approved, this provision would allow for the granting of conditional uses on the property adjacent to the west. In reviewing for compliance with Policy 5.6 and Policies 7.1 - 7.4 (shown below) of the Future Land Use Element (FLUE) staff provides the following analysis in [bracketed bold text.] Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning leaves this determination to Zoning staff as part of their review of the petition in its entirety. However, staff would note that in reviewing 9.A.3.d Packet Pg. 945 Attachment: Att C - Consistency Memo - PUDZ-PL20230002458 GMA CPUD 12-26-23 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 4 the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby proper ties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The subject site proposes two access points on Immokalee Road, a minor arterial roadway as identified in the Transportation Element. The CPUD Master Plan depicts one Right In-Right Out Only access and one Right-Out Only Emergency Access.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [The PUD Master Plan does not depict the proposed on-site circulation; however, the proposed single access point for the project would necessitate adequate on-site circulation for ingress and egress. A second access point is proposed for emergency egress to Immokalee Road.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [The PUD Master Plan locates a “Potential Future Interconnection” at the northwest corner of the site that could provide interconnection to the adjacent property to the west. That property is currently an undeveloped Estates (E) parcel. Interconnection to the east is not feasible due to the location of the canal, and interconnection to the south may be undesirable due to the allowed and existing low density residential development (4 parcels, all at 2+ acres each; 3 contain a single family dwelling).] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities, and a range of housing prices and types. [This policy primarily pertains to residential development so is largely not applicable. However, staff notes the proposed commercial development is adjacent to existing sidewalks (along Immokalee Road) and the C-3 district permits civic uses.] CONCLUSION: The rezoning petition is not consistent with the GGAMP. A companion Small Scale GMPA petition (PL20230002460) proposes to create a new Subdistrict within the Rural Golden Gate Estates Commercial District to allow for up to 125,000 square feet of commercial uses, of which up to 80,000 square feet may be Indoor Air-Conditioned Mini and Self-Storage (SIC Code 4225). Based on the above analysis, if the GMPA is approved and becomes effective, the proposed CPUD may be deemed consistent with the GMP. Note that the reduction of the western and northern buffers may be justified by the construction of the stormwater facility and that the 50-foot southern buffer may be sufficient if a wall is provided. PETITION ON CITYVIEW 9.A.3.d Packet Pg. 946 Attachment: Att C - Consistency Memo - PUDZ-PL20230002458 GMA CPUD 12-26-23 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) The original name of the proposed PUD was the Immokalee Randall CPUD; and the GMP Subdistrict was the Immokalee Randall Commercial Subdistrict. To avoid confusion with similarly named PUDs and Subdistricts, the names were changed at the request of County staff, to the GMA CPUD and the GMA Commercial Subdistrict. The names were not updated on the supporting application materials and exhibits, as the name change has no material effect on these documents or exhibits, only on the documents that will be included in the recorded ordinances: the Proposed GMPA Amendment Language, Master Plan, and CPUD Document. 9.A.3.e Packet Pg. 947 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 948Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 949Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 950Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 951Attachment: Att D - 9.A.3.ePacket Pg. 952Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 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GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1021Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1022Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1023Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1024Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1025Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1026Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1027Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1028Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1029Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1030Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1031Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1032Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1033Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1034Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1035Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1036Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1037Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1038Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1039Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1040Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1041Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1042Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1043Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1044Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1045Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1046Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1047Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1048Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1049Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1050Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1051Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1052 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1053Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1054Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1055Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1056Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1057Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1058Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1059Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1060Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1061Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1062Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1063Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1064Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1065Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1066Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1067Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1068Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1069 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1070Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1071Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1072Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1073Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1074Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1075Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1076Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1077Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1078Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1079Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1080Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1081Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1082Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1083Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1084Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1085Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1086Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1087Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1088Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1089Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1090Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1091Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1092Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1093Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1094Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1095Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1096Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1097Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1098Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1099Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1100Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1101Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1102Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1103Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1104Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1105Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1106Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1107Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1108Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1109Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1110 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.e Packet Pg. 1111 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1112Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1113Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1114Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1115Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1116Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1117Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1118Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1119Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1120Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1121Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1122Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1123 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1124Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1125Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1126 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1127Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1128Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1129Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1130Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1131Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1132Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1133Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1134Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1135 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1136Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1137Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1138Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1139Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1140Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1141Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1142Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1143Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1144Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1145Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1146Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1147Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1148Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1149 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1150Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1151Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1152Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1153Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1154Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1155Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1156 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1157Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1158Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1159 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.e Packet Pg. 1160 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1161Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1162Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1163Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1164 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1165 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1166 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1167Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.e Packet Pg. 1168 Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - 9.A.3.ePacket Pg. 1169Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1170Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1171Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1172Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1173Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1174Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1175Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1176Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1177Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1178Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1179Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1180Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1181Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1182Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1183Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1184Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1185Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1186Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1187Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1188Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1189Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1190Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1191Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1192Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1193Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1194Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1195Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1196Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1197Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1198Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1199Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1200Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1201Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1202Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1203Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1204Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1205Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1206Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1207Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1208Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1209Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1210Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1211Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1212Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1213Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1214Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1215Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1216Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1217Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1218Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.ePacket Pg. 1219Attachment: Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1220Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1221Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1222Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1223Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1224Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1225Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1226 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1227 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1228Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1229Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1230Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1231Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1232Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1233Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1234Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1235Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1236Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1237Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1238Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1239Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1240Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1241Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1242Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1243Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1244Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1245Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1246Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1247Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1248Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1249Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1250Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1251Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1252Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1253Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1254Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1255Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1256Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1257Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1258Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1259Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1260Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1261Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1262Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1263Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1264Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1265Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1266Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1267Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1268Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1269Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1270Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1271Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1272Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1273Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1274Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.fPacket Pg. 1275Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1276 9.A.3.f Packet Pg. 1277 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1278 9.A.3.f Packet Pg. 1279 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1280 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1281 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1282 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1283 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1284 Attachment: Att E - NIM Documents rfs (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 9.A.3.f Packet Pg. 1285 9.A.3.f Packet Pg. 1286 1 LauraDeJohnVEN From:Steve <steveoh2222@yahoo.com> Sent:Wednesday, August 16, 2023 11:49 AM To:LauraDeJohnVEN Subject:Re: 20230002458 PUDZ / 20230002460 GMPA EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Thank you. Just a minor correction to original e-mail. The image below of the storage facility was from the one at Founders Square down the road on Immokalee Rd. and not the Forum. -Steve On Wednesday, August 16, 2023 at 11:28:42 AM EDT, LauraDeJohnVEN <laura.dejohn@colliercountyfl.gov> wrote: Steve, Thank you for your email, I will include this in the public correspondence that is part of the back-up material for the Planning Commission and Board of County Commissioners when this item is considered for a decision. Those hearings have yet to be scheduled. When they are scheduled, a sign will be posted on the property, and property owners within 1 mile will receive a letter with information about the hearings and how to participate if you would like to. Laura Laura DeJohn, AICP Collier County Growth Management Department Zoning Services (Vendor) 2800 North Horseshoe Drive Naples, FL 34104 Desk: (239) 252-5587 laura.dejohn@colliercountyfl.gov From: Steve <steveoh2222@yahoo.com> Sent: Wednesday, August 16, 2023 11:03 AM To: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Cc: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Subject: 20230002458 PUDZ / 20230002460 GMPA 9.A.3.g Packet Pg. 1287 Attachment: Att F - Public Input as of 1-2-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 2 EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Laura, Let me first state upfront that I apologize if you are not the correct person to answer my questions but saw your name on the Pre-application Meeting notes attached online. Please forward to any and all that may be able to assist. In reference to 20230002458 PUDZ rezone approximately located at 13062 Immokalee Rd.: I am the property co-owner at 2431 2nd St. NE, Naples FL 34120 located directly north of the subject site. I was unable to attend the public meeting that was held Monday August 7th, 2023, but was able to view the recorded version as well as all the documents that are associated with this request stored on-line on the Collier government website. After reviewing what was presented and the documents, I have many concerns with this project moving forward and would strongly request the denial of rezoning this property. When reviewing the 'Immokalee Randall CPUD Rezone Criteria', document I found that many of the responses to the criteria were not entirely truthful. The responses to these questions on this form were not well written or substantiated wit h detailed studies or data. Below is a list of the criteria items that I have the highest concerns with. #6. Whether proposed change will adversely influence living conditions in the neighborhood. - False #9. Whether proposed change will seriously reduce light and air to adjacent areas. - False #10 Whether the proposed change will adversely affect property values in the adjacent area. - False #11 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. - False #13 Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. - False #14 Whether the change suggested is out of scale with the needs of the neighborhood or county. - False I have serious concerns with a 3-story building being placed directly across the street and in plain sight of my residence no matter how high a of buffer is put in place, which currently appears to be none on the north side. In addition, all of the lighting that will be added on the building itself as well as the needed lights for the parking lot will directly affect my living conditions. It was also presented on the video that one of the exits from the facility will be directly across the street from my property resulting in the exiting cars headlights directly pointed at my residence. Not to mention if a lighted sign is placed at the top of the building as seen in image below from a simialr facility at the Forum will be highly visible affecting current living conditions as well as property value. 9.A.3.g Packet Pg. 1288 Attachment: Att F - Public Input as of 1-2-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 3 I strongly feel that this rezone is not necessary and should not be approved for this area. It does not pass the collier county rezone criteria, affecting living conditions, property values, neighborhood needs, etc. If possible, I would like to discuss in more detail my concerns and what the next steps are needed here for this rezone application to be denied. Thank you, Steve Milette 2431 2nd St. NE Naples FL 34120, 239-250-9080 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.3.g Packet Pg. 1289 Attachment: Att F - Public Input as of 1-2-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 1 LauraDeJohnVEN From:Steve <steveoh2222@yahoo.com> Sent:Wednesday, August 16, 2023 11:03 AM To:LauraDeJohnVEN Cc:ThomasClarkeVEN Subject:20230002458 PUDZ / 20230002460 GMPA EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hello Laura, Let me first state upfront that I apologize if you are not the correct person to answer my questions but saw your name on the Pre-application Meeting notes attached online. Please forward to any and all that may be able to assist. In reference to 20230002458 PUDZ rezone approximately located at 13062 Immokalee Rd.: I am the property co-owner at 2431 2nd St. NE, Naples FL 34120 located directly north of the subject site. I was unable to attend the public meeting that was held Monday August 7th, 2023, but was able to view the recorded version as well as all the documents that are associated with this request stored on-line on the Collier government website. After reviewing what was presented and the documents, I have many concerns with this project moving forward and would strongly request the denial of rezoning this property. When reviewing the 'Immokalee Randall CPUD Rezone Criteria', document I found that many of the responses to the criteria were not entirely truthful. The responses to these questions on this form were not well written or substantiated wit h detailed studies or data. Below is a list of the criteria items that I have the highest concerns with. #6. Whether proposed change will adversely influence living conditions in the neighborhood. - False #9. Whether proposed change will seriously reduce light and air to adjacent areas. - False #10 Whether the proposed change will adversely affect property values in the adjacent area. - False #11 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. - False #13 Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. - False #14 Whether the change suggested is out of scale with the needs of the neighborhood or county. - False I have serious concerns with a 3-story building being placed directly across the street and in plain sight of my residence no matter how high a of buffer is put in place, which currently appears to be none on the north side. In addition, all of the lighting that will be added on the building itself as well as the needed lights for the parking lot will directly affect my living conditions. It was also presented on the video that one of the exits from the facility will be directly across the street from my property resulting in the exiting cars headlights directly pointed at my residence. Not to mention if a lighted sign is placed at the top of the building as seen in image below from a simialr facility at the Forum will be highly visible affecting current living conditions as well as property value. 9.A.3.g Packet Pg. 1290 Attachment: Att F - Public Input as of 1-2-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 2 I strongly feel that this rezone is not necessary and should not be approved for this area. It does not pass the collier county rezone criteria, affecting living conditions, property values, neighborhood needs, etc. If possible, I would like to discuss in more detail my concerns and what the next steps are needed here for this rezone application to be denied. Thank you, Steve Milette 2431 2nd St. NE Naples FL 34120, 239-250-9080 9.A.3.g Packet Pg. 1291 Attachment: Att F - Public Input as of 1-2-24 (27617 : PL20230002458 - GMA CPUD Rezone (PUDZ)) 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.4 Doc ID: 27654 Item Summary: PL20220000946 Home Depot - SE Naples Commercial Subdistrict GMPA - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance 89-05, as amended, the Collier County Growth Management Plan, specifically amending the Future Land Use Element and map series by changing the land use designation of property in the Urban, Mixed Use District, from Urban Residential Fringe Subdistrict to the Home Depot-SE Naples Commercial Subdistrict, to allow development of 140,000 square feet of gross floor area of Commercial Intermediate (C-3) zoning district uses and home improvement store uses, and furthermore directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 13.77± acres. [Coordinator: Rachel Hansen, AICP, Planner III] (Companion Item PUDZ PL20220000543) Meeting Date: 02/01/2024 Prepared by: Title: – Zoning Name: Rachel Hansen 01/04/2024 2:24 PM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/04/2024 2:24 PM Approved By: Review: Planning Commission Diane Lynch Review item Skipped 01/05/2024 10:53 AM Growth Management Community Development Department Diane Lynch Additional Reviewer Completed 01/16/2024 6:17 PM Operations & Regulatory Management Donna Guitard Review Item Completed 01/17/2024 4:04 PM Zoning James Sabo Review Item Completed 01/18/2024 10:20 AM Zoning Mike Bosi Division Director Completed 01/18/2024 3:25 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 01/25/2024 1:51 PM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 9.A.4 Packet Pg. 1292 PL20220003213 1 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: February 1, 2024 SUBJECT: PL20220000946 GROWTH MANAGEMENT PLAN AMENDMENT (GMPA): HOME DEPOT – SE NAPLES COMMERCIAL SUBDISTRICT (ADOPTION HEARING) COMPANION TO: PL20220000543 HOME DEPOT – SE NAPLES COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ELEMENTS: FUTURE LAND USE ELEMENT AGENT/APPLICANT: Agents: D. Wayne Arnold, AICP Richard D. Yovanovich, Esq. Q. Grady Minor & Associates Coleman, Yovanovich & Koester, P.A. 3800 Via Del Rey 4001 Tamiami Trail N, Suite 300 Bonita Springs, FL 34134 Naples, FL 34103 Hamilton Williams Greenberg Farrow Architecture, Inc. 1230 Peachtree Street NE, Suite 2900 Atlanta, GA 30309 Owner: Home Depot U.S.A., Inc., a Delaware corporation 2455 Paces Ferry Road, Bldg C-19 Atlanta, GA 30339 GEOGRAPHIC LOCATION: The ±13.77-acre subject property consists of six parcels and is located on the south side of Tamiami Trail East (US 41), approximately 0.15 miles southeast of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. 9.A.4.a Packet Pg. 1293 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 2 SUBJECT SITE 9.A.4.a Packet Pg. 1294 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 3 REQUESTED ACTION: The applicant proposes a small-scale Growth Management Plan (GMP) amendment to the Future Lane Use Element (FLUE), specifically to create a new subdistrict, the Home Depot – SE Naples Commercial Subdistrict. The applicant also proposes to amend the countywide Future Land Use Map (FLUM) and create a new map (“Home Depot – SE Naples Commercial Subdistrict”) in the FLUM series of the FLUE, to identify the newly created Subdistrict. The proposed GMP Amendment is attached as Exhibit “A”. PURPOSE/DESCRIPTION OF PROJECT: To redesignate the property from the Urban Coastal Fringe Subdistrict to the Home Depot – SE Naples Commercial Subdistrict to permit a maximum of 140,000 square feet of commercial/office uses, including home improvement store uses (SIC 5211-5261). A companion petition (PL20220000543) would rezone the property from Commercial Intermediate (C-3) zoning district to a Commercial Planned Unit Development (RPUD). EXISTING CONDITIONS: Subject Property: The ±13.77-acre site is zoned C-3 and consists of six parcels (folio numbers 00447200007, 00447160008, 00447120006, 00447480005, 00447280001, and 00447840001). Of the six parcels comprising the site, five are undeveloped and one parcel (the westernmost) is occupied by a radio broadcasting studio per provisional use approval granted on July 22, 1986 by Resolution 86-119. The entire subject property is designated Urban, Urban Mixed-Use District, Urban Coastal Fringe Subdistrict and is within the Coastal High Hazard Area (CHHA), all as identified on the FLUM. Surrounding Lands: North – Future Land Use Designation: Urban Residential Subdistrict. Zoned: Lely Resort PUD, Rural Agricultural, and Public Use. Land Use: single-family residential, a water treatment pond, and Donna Fiala Eagle Lakes Community Park (across Tamiami Trail East, a major arterial). East – Future Land Use Designation: Urban Coastal Fringe Subdistrict. Zoned: C-3. Land Use: undeveloped lot. South – Future Land Use Designation: Urban Coastal Fringe Subdistrict. Zoned: TTRVC. Land Use: Marco Naples RV Resort, a 55+ travel trailer park. West – Future Land Use Designation: Urban Coastal Fringe Subdistrict. Zoned: C-3. Land Use: undeveloped lot and a RaceTrac gas station. In summary, the existing land uses in the surrounding area are a mix of residential, commercial, and public facility uses. It is worth noting that, although TTRVC is defined in the Collier County LDC as a commercial zoning district, the RV park is residential in nature. Activity Center #18, at the intersection of Collier Boulevard and Tamiami Trail East, is approximately 1.5 miles east of the subject property. BACKGROUND AND ANALYSIS: The FLUE currently designates this property as Urban, Urban Mixed-Use District, Urban Coastal Fringe Subdistrict and CHHA. The purpose of the Urban Coastal Fringe Subdistrict is to provide transitional densities between the Conservation designated area and the remainder of the Urban designated area. The site is also identified on Map FLUE-11, part of the FLUM Series which identifies properties deemed “consistent by policy” (through implementation of the Zoning 9.A.4.a Packet Pg. 1295 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 4 Reevaluation Program in the 1990s, the property was granted an exemption or compatibility exception) and therefore retained its C-3 zoning designation. The entire subject site is located within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO). The ENCDP was developed by the community through a series of public meetings and surveys and reflects the overall vision of the community; the Board of County Commissioners accepted the ENCDP in October 2020. The ENCDP promotes the strategic placement of land uses to enhance the community’s sense of place and provides guidance for future development and redevelopment opportunities for employment, leisure, dining, and shopping to meet the growing needs of the community. The community has worked with a consultant to develop a zoning overlay along the US 41 East corridor to establish development standards, design standards, and spacing criteria for commercial uses. Relevant to this petition, the applicant has committed to providing native canopy trees along US 41, proposes enhanced buffering along the southern property line where the project abuts an RV community, and has situated the building closer to the roadway – all of which are consistent with the ENCDP. The applicant proposes to redesignate the property from the Urban Coastal Fringe Subdistrict to the Home Depot – SE Naples Commercial Subdistrict to permit a maximum of 140,000 square feet of commercial/office uses, including home improvement store uses (SIC 5211-5261). Compatibility (including appropriateness of the location) and commercial need for this project are identified by staff as the main areas of concern to address. Compatibility: FLUE Policy 5.6 requires new land uses to be compatible with, and complementary to, surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, a compatibility analysis might include a review of allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, and orientation, architectural features, amount and type of open space, and location. The area surrounding the proposed subdistrict is generally mixed-use in nature, as demonstrated in the Existing Conditions section of this report. Planning principals support locating higher intensity development closer to major roadways, with use intensities transitioning lower into residential neighborhoods. Locating this project along a six-lane arterial roadway represents such a transition, especially given that the current C-3 zoning of the property permits a variety of commercial uses at a smaller scale than the proposed home improvement store. Enhanced buffering will help the transition from commercial to the RV park immediately to the south. Additional development standards to ensure compatibility include Dark Sky compliant lighting standards to prevent light pollution to the neighboring residents Compatibility can be more specifically addressed within the companion zoning petition, but staff finds that the requested uses will be compatible with the surrounding area (at the level at which GMP amendments are reviewed for compatibility) and, in accordance with best practices, that this is an appropriate location to provide for a higher intensity home improvement store use. Needs Analysis: Kalibrate conducted a market analysis (“Southeast Naples Collier County Home Improvement Needs Analysis” is included in the backup materials), analyzing market conditions for the subject site by identifying a trade area (following zip code boundaries and utilizing demographic data from STI PopStats) with estimated population, home improvement store saturation, and potential supply. Staff notes the following from the market analysis: •The population of the Collier County is expected to increase by 60,000 residents over 10 years per Kalibrate projections, with 30% of that growth anticipated in the trade area. 9.A.4.a Packet Pg. 1296 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 5 •Collier County has fewer “full-line” home improvement retailers (defined in the market analysis as Home Depot and Lowe’s) per capita than nearby Lee, Charlotte, Sarasota, and Manatee Counties. •Expenditures on home improvement-related goods are expected to increase over the next 10 years, based on increased housing development throughout the county. The population south of Collier Boulevard and US 41 is currently served by one large home improvement store and two smaller hardware stores on Marco Island. •Staff requested raw data in order to verify the analyses performed, but STI PopStats does not permit the sharing of raw data. Based on the market analysis, staff agrees with the applicant that the provided data and analysis reasonably demonstrates a need for the proposed project. 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. 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 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. 1.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 clearly 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. 9.A.4.a Packet Pg. 1297 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 6 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. b.The projected permanent and seasonal population of the area. c.The character of undeveloped land. 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 which are inconsistent with the character of the community. 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 consistent with s. 333.02. 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. j.The need to modify land uses and development patterns within antiquated subdivisions. 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. c.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, a market analysis (“Southeast Naples Collier County Home Improvement Needs Analysis”) 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 ±13.77 acres.] 9.A.4.a Packet Pg. 1298 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 7 (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 involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not located within an Area of Critical State Concern.] (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 purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs which were set out as part of the comprehensive plan.] NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The NIM was held on May 10, 2023 at the South Regional Library Meeting Room (8065 Lely Cultural Parkway, Naples, FL). The meeting commenced at approximately 5:30 p.m. and adjourned at approximately 6:00 p.m. Nine members of the public attended the meeting. The applicant’s agent, D. Wayne Arnold, AICP, explained the request for the proposed rezone and the companion small scale Growth Management Plan amendment. Attendees expressed concern regarding the 25-foot setback at the rear of the property given the proposed 60-foot building height, including appurtenances, and the orientation of the site. A question was raised about access on Habitat Drive, but the agent confirmed that Home Depot does not own the property abutting Habitat Drive. Issues related to traffic and access from US 41/Tamiami Trail East were raised as concerns, as was the extended deceleration lane. The NIM documentation is included in the CCPC backup materials. FINDINGS AND CONCLUSIONS: •The Home Depot – SE Naples Commercial Subdistrict petition proposes a small-scale Growth Management Plan amendment to create a subdistrict in the Urban Commercial District allowing for a home improvement store in addition to C-3 uses •There are no adverse environmental impacts as a result of this petition. •No historic or archaeological sites are affected by this amendment. •There are no transportation or public utility-related concerns as a result of this petition. •There are no concerns about impacts on other public infrastructure. •There is a demonstrated need for the proposed use. •The site’s use will create minimal impact on the surrounding area. 9.A.4.a Packet Pg. 1299 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220003213 8 Environmental Findings: Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of ±8.42 acres of native vegetation. A minimum of 1.26 acres (15%) of native vegetation is required to be preserved. 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. LEGAL REVIEW: The County Attorney’s office reviewed the staff report on January 8, 2024. STAFF RECOMMENDATION: Staff recommends the Collier County Planning Commission forward petition PL20220000946 Home Depot – SE Naples Commercial Subdistrict GMPA to the Board of County Commissioners with a recommendation to approve and adopt and transmit to the Florida Department of Commerce and other statutorily required agencies. NOTE: This petition has been tentatively scheduled for the March 26, 2024 BCC meeting. 9.A.4.a Packet Pg. 1300 Attachment: Staff Report Home Depot 1-8-24 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) [23-CMP-01150/1833005/1]30 18-CMP-01000 PL20220000946 The Home Depot-SE Naples SSGMPA 12/11/23 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 1 of 3 ORDINANCE NO. 2024- _______ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND MAP SERIES BY CHANGING THE LAND USE DESIGNATION OF PROPERTY IN THE URBAN, MIXED USE DISTRICT, FROM URBAN COASTAL FRINGE SUBDISTRICT TO THE HOME DEPOT-SE NAPLES COMMERCIAL SUBDISTRICT, TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT USES AND HOME IMPROVEMENT STORE USES, AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41) APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13.77± ACRES. [PL20220000946] WHEREAS, 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 WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, 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 WHEREAS, Coleman, Yovanovich & Koester, P.A., requested an amendment to the Future Land Use Element and Map Series; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small-Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or a rural area of opportunity; and 9.A.4.b Packet Pg. 1301 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) [23-CMP-01150/1833005/1]30 18-CMP-01000 PL20220000946 The Home Depot-SE Naples SSGMPA 12/11/23 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 2 of 3 WHEREAS, 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 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 WHEREAS, all applicable substantive and procedural requirements of the law have been met. NOW, THEREFORE, BE IT ORDAINED 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 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. 9.A.4.b Packet Pg. 1302 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) [23-CMP-01150/1833005/1]30 18-CMP-01000 PL20220000946 The Home Depot-SE Naples SSGMPA 12/11/23 Words underlined are additions; words struck through are deletions. *** *** *** *** are a break in text 3 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _____ day of _______________________ 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA __________________________ By: ______________________________ Deputy Clerk Chris Hall, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A – Text and Map 1/5/20249.A.4.b Packet Pg. 1303 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Exhibit A PL20220000946 Page 1 of 4 Words underlined are added; words struck-through are deleted. 12/11/2022 EXHIBIT A FUTURE LAND USE ELEMENT *** *** *** *** *** *** *** *** *** *** *** *** *** Policy 1.5: [page 9] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: *** *** *** *** *** *** *** *** *** *** *** *** *** C.URBAN – COMMERCIAL DISTRICT 1.Mixed Use Activity Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** 20.The Home Depot – SE Naples Commercial Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** C. Urban Commercial District *** *** *** *** *** *** *** *** *** *** *** *** *** 1.Mixed Use Activity Center Subdistrict *** *** *** *** *** *** *** *** *** *** *** *** *** 19.Ivy Medical Subdistrict [page 77] 26.The Home Depot – SE Naples Commercial Subdistrict This Subdistrict is approximately 13.77 acres in size and is located on the south side of Tamiami Trail East (U.S. 41) approximately 0.15 miles southeast of Barefoot Williams Road as depicted on the Home Depot – SE Naples Subdistrict Map. The purpose of this Subdistrict is to provide a variety of commercial land uses, which include all permitted uses of the C-3, Intermediate Commercial District as well as Home Improvement stores and related uses. Development within the Subdistrict shall be subject to the following: a.All development within this Subdistrict shall be rezoned to a Planned Unit Development (PUD). b.The PUD Ordinance must include development standards and buffers to ensure compatibility with surrounding properties. 1.A six-foot high masonry wall shall be provided along the southern property line. c.Allowable uses shall be limited to those: 9.A.4.b Packet Pg. 1304 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Exhibit A PL20220000946 Page 2 of 4 Words underlined are added; words struck-through are deleted. 12/11/2022 1.Uses permitted by right and by conditional use in the C-3, Commercial Intermediate zoning district, as listed in the Collier County Land Development Code, Ordinance No. 04-41 as amended. Conditional uses are subject to approval through a public hearing process. 2.Home improvement stores, including enclosed unroofed garden center (5211 – 5261). d.Development is limited to a maximum intensity of 140,000 square feet of gross floor area. FUTURE LAND USE MAP SERIES [page 164] *** *** *** *** *** *** *** *** *** *** *** *** *** Airport Carlisle Mixed Use Subdistrict Map The Home Depot – SE Naples Commercial Subdistrict 9.A.4.b Packet Pg. 1305 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Exhibit A PL20220000946 Page 3 of 4 Words underlined are added; words struck-through are deleted. 12/11/2022 9.A.4.bPacket Pg. 1306Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Exhibit A PL20220000946 Page 4 of 4 Words underlined are added; words struck-through are deleted. 12/11/2022 9.A.4.b Packet Pg. 1307 Attachment: Attachment A - Ordinance - 010424 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Q. Grady Minor & Associates, P.A.Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com January 3, 2023 Ms. Rachel Hansen Collier County Growth Management Department Comprehensive Planning Section 2800 North Horseshoe Drive Naples, FL 34104 RE: The Home Depot – SE Naples Commercial Subdistrict (PL20220000946), Submittal 1 Dear Ms. Hansen: Enclosed, please find the application for a proposed small-scale comprehensive plan amendment for a 13.77± acre project located at the southwest corner of Tamiami Trail East (U.S. 41) and Habitat Road. The GMPA proposes to modify the FLUE map to add a new subdistrict to allow development of up to 140,000 square feet of Intermediate Commercial, C-3 uses, and home improvement store uses. A companion PUD Rezone application (The Home Depot – SE Naples CPUD (PL20220000543) is being filed along with this petition. Documents filed with submittal 1 include the following: 1.Cover letter 2.Application 3.Exhibit I.D Consultants 4.Exhibit IV.B Revised Text 5.Exhibit IV.C Proposed FLU Map 6.Exhibit IV.E Proposed Inset Map 7.Exhibit V.A Land Use 8.Exhibit V.B Existing FLU Map 9.Environmental Data 10.Exhibit V.D Growth Management 11.Market Analysis 12.Exhibit V.E Public Facilities 13.Traffic Impact Statement 9.A.4.c Packet Pg. 1308 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Ms. Rachel Hansen RE: The Home Depot – SE Naples Commercial Subdistrict (PL20220000946), Submittal 1 January 3, 2023 Page 2 of 2 14.Deeds 15.Affidavit of Authorization 16.Addressing Checklist 17.Pre-app Notes Please feel free to contact me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Greenberg Farrow Richard D. Yovanovich, Esq. GradyMinor File (HDET-22) 9.A.4.c Packet Pg. 1309 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 1 APPLICATION NUMBER: PL20220000946 DATE RECEIVED: ______________________________ PRE-APPLICATION CONFERENCE DATE: This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Growth Management Department 239-252- 2400, Zoning Division, Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The application is to be reviewed by staff for sufficiency within 30 calendar days following the filing deadline. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 12-234. If you have any questions, please contact the Comprehensive Planning Section at 239-252-2400. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant: Richard D. Yovanovich, Esq. Company: Coleman, Yovanovich & Koester, P.A. Address: 4001 Tamiami Trail North, Suite 300 City Naples State Florida Zip Code 34103 Phone Number: 239-435-3535 Fax Number: ______________________ Email Address: ryovanovich@cyklawfirm.com B. Name of Agent* _ D. Wayne Arnold, AICP _ • THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company: Q. Grady Minor & Associates, P.A. Address: 3800 Via Del Rey City Bonita Springs State Florida Zip Code 34134 Phone Number: 239-947-1144 Fax Number: ___________________________ Email Address: warnold@gradyminor.com Name of Agent* _ Hamilton Williams _ Company: Greenberg Farrow Architecture Inc. Address: 1230 Peachtree St., NE City Atlanta State Georgia Zip Code 30309 Phone Number: 770.317.9589 Fax Number: ___________________________ Email Address: hwilliams@greenbergfarrow.com C. Name of Owner (s) of Record: Home Depot U.S.A., Inc., a Delaware corporation Address: 2455 Paces Ferry Road, Building C-19 City Atlanta State Georgia Zip Code 30339 Phone Number: 770.317.9589 Fax Number: _____________________________ Email Address: hwilliams@greenbergfarrow.com 9.A.4.c Packet Pg. 1310 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 2 D. Name, Company, Address and Qualifications of all consultants and other professionals providing information contained in this application, as well as Qualifications of the Agent identified above. See Exhibit I.D II. Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N.A. b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Home Depot U.S.A., Inc., a Delaware corporation, 2455 Paces Ferry Road, Building C-19, Atlanta, GA 30339 (A publicly traded company) 100% Coleman, Yovanovich & Koester, P.A. (legal representation only for this petition) Kevin G. Coleman, VP Richard D. Yovanovich, VP Edmond E. Koester, VP William M. Burke, VP Gregory L. Urbancic, VP Craig D. Grider, VP Matthew L. Grabinski, President, Secretary, Treasurer 0% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address % of Ownership N.A. d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N.A. 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: 9.A.4.c Packet Pg. 1311 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 3 Name and Address % of Ownership N.A. Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N.A. g. Date subject property acquired October 2022 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. NOTE: 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. III. DESCRIPTION OF PROPERTY: A. PARCEL I.D. NUMBER: 00447120006, 00447160008, 00447200007, 00447280001, 00447480005 and 00447840001 B. LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND RUN ALONG THE WESTERLY BOUNDARY OF SAID SECTION, N 02°35'33" E FOR 1321.79 FEET; THENCE LEAVE SAID SECTION LINE AND RUN N 89°59'07" E FOR 2438.67 FEET TO THE POINT OF BEGINNING; THENCE N 54°26'32" W FOR 1390.84 FEET; THENCE N 35°33'28" E FOR 400.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 90, (U.S. 41); THENCE S 54°26'32" E ALONG SAID RIGHT OF WAY LINE FOR 1500.00 FEET; THENCE S 35°33'28" W FOR 400.00 FEET; THENCE N 54°26'32" W FOR 109.16 FEET TO THE POINT OF BEGINNING. CONTAINING 13.77 ACRES, MORE OR LESS C. GENERAL LOCATION: Southwest corner of Tamiami Trail East (U.S. 41) and Habitat Road 9.A.4.c Packet Pg. 1312 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 4 D. Section: 33 Township: 50 Range: 26 E. PLANNING COMMUNITY: South Naples F. TAZ: 2819 G. SIZE IN ACRES: 13.77± H. ZONING: C-3 I. FUTURE LAND USE MAP DESIGNATION(S): Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict J. SURROUNDING LAND USE PATTERN: County Park, residential, RV park, mobile home park and commercial – Exhibit V.A and V.B IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: ______ Housing Element ______ Recreation/Open Space ______ Traffic Circulation Sub-Element ______ Mass Transit Sub-Element ______ Aviation Sub-Element ______ Potable Water Sub-Element ______ Sanitary Sewer Sub-Element ______ NGWAR Sub-Element ______ Solid Waste Sub-Element ______ Drainage Sub-Element ______ Capital Improvement Element ______ CCME Element X Future Land Use Element ______ Golden Gate Master Plan ______ Immokalee Master Plan B. AMEND PAGE (S): v, 9, 55 and 160 OF THE: Future Land Use Element AS FOLLOWS: (Use Strike- through to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Exhibit IV.B C. AMEND FUTURE LAND USE MAP(S) DESIGNATION FROM Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict TO The Home Depot – SE Naples Commercial Subdistrict – See Exhibit IV.C D. AMEND OTHER MAP(S) AND EXHIBITS AS FOLLOWS: (Name & Page #) N.A. E. DESCRIBE ADDITIONAL CHANGES REQUESTED: Create new subdistrict map – See Exhibit IV.E V. REQUIRED INFORMATION: NOTE: ALL AERIALS MUST BE AT A SCALE OF NO SMALLER THAN I” = 400’. At least one copy reduced to 8- 1/2 x 11 shall be provided of all aerials and/or maps. A. LAND USE Exhibit V.A Provide general location map showing surrounding developments (PUD, 9.A.4.c Packet Pg. 1313 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 5 DRI’s, existing zoning) with subject property outlined. Exhibit V.A Provide most recent aerial of site showing subject boundaries, source, and date. Exhibit V.A Provide a map and summary table of existing land use and zoning within a radius of 300 feet from boundaries of subject property. B. FUTURE LAND USE AND DESIGNATION Exhibit V.B Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL  Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERIAL IN “A” ABOVE.  Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range, avian rookery, bird migratory route, etc.) Identify historic and/or archaeological sites on the subject property.  See Wetland and Listed Species Assessment Report prepared by Passarella & Associates, Inc. D. GROWTH MANAGEMENT Reference , F.A.C. and Collier County’s Capital Improvements Element Policy 1.1.2 (Copies attached). 1. INSERT “Y” FOR YES OR “N” FOR NO IN RESPONSE TO THE FOLLOWING: N Is the proposed amendment located in an Area of Critical State Concern? (Reference , F.A.C.). IF so, identify area located in ACSC. N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S.? (Reference , F.A.C.) Y/N – Exhibit V.D Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (1)(c), F.S.? Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment. Y/Y –  Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference F.A.C.). 9.A.4.c Packet Pg. 1314 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 6 If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference , F.A.C.)  See Needs Analysis prepared by Home Depot U.S.A., Inc. E. PUBLIC FACILITIES 1. Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: Exhibit V.E Potable Water Exhibit V.E Sanitary Sewer  Arterial & Collector Roads; Name specific road and LOS - Immokalee Road  Please see Traffic Impact Statement prepared by Trebilcock Consulting Solutions, PA Exhibit V.E Drainage Exhibit V.E Solid Waste Exhibit V.E Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Objective 1 and Policies) 2. Exhibit V.E Provide a map showing the location of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services. 3. Exhibit V.E Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: Zone AE – 7’ Flood zone based on Flood Insurance Rate Map data (FIRM). N.A. Location of wellfields and cones of influence, if applicable. (Identified on Collier County Zoning Maps) Exhibit V.F Coastal High Hazard Area, if applicable N.A. High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 9.A.4.c Packet Pg. 1315 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 7 $16,700.00 non-refundable filing fee made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Provided $9,000.00 non-refundable filing fee for a Small-Scale Amendment made payable to the Board of County Commissioners due at time of submittal. (Plus, proportionate share of advertising costs) Provided Proof of ownership (copy of deed) Provided Notarized Affidavit of Authorization if Agent is not the Owner (See attached form) Provided Addressing Checklist Provided Preapplication Meeting Notes * If you have held a pre-application meeting within 9 months prior to submitted date and paid the pre-application fee of $500.00 at the meeting, deduct that amount from the above application fee amount when submitting your application. All pre-application fees are included in the total application submittal fee if petition submitted within 9 months of pre-application meeting date. Otherwise the overage will be applied to future proportionate share advertising costs. * Maps shall include: North arrow, name and location of principal roadways and shall be at a scale of 1”=400’ or at a scale as determined during the pre-application meeting. *All attachments should be consistently referenced as attachments or exhibits, and should be labelled to correlate to the application form, e.g. “Exhibit I.D.” * Planning Community, TAZ map, Traffic Analysis Zone map, Zoning maps, and Future Land Use Maps. Some maps are available on the Zoning Division website depicting information herein: Zoning Services Section: _________________ Comprehensive Planning Section: _______________________ THIS HAS CHANGED SINCE DCA BECAME DEO. SEE GMP PAGE 2011 UPDATES: https://www.colliercountyfl.gov/your-government/divisions-s-z/zoning-division/zoning-services- section/land-use-commission-district-maps 9.A.4.c Packet Pg. 1316 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) November 16, 2022 Page 1 of 1 Exhibit ID Consultants.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The Home Depot – SE Naples Commercial Subdistrict (PL20220000946) Exhibit I.D Professional Consultants Planner/Project Management: D. Wayne Arnold, AICP Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 239.947.1144 warnold@gradyminor.com Land Use Attorney: Richard D. Yovanovich, Esq Coleman, Yovanovich and Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 239.435.3535 ryovanovich@cyklawfirm.com Environmental Consultant: Bethany Brosious, Senior Ecologist Passarella & Associates, Inc. 13620 Metropolis Ave, Suite 200 Ft. Myers, FL 33912 239.274.0067 bethanyb@passarella.net Traffic Engineer: James M. Banks, P.E., President JMB Transportation Engineering, Inc. 4711 7th Avenue SW Naples, FL 34119 239.919.2767 jmbswte@msn.com 9.A.4.c Packet Pg. 1317 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 1s t ST 2nd S T Ta mi a mi TRL E P e n n y R D 7 t h S T 3r d ST 4t h S T B a r e f o o t Wil l i a ms R D Tall Oak RD 5t h S T Fuller LNMaver ick CTGrizzly Bear RDHabitat DRCherokee TRL Sit t e rle y S T Arap a h o T R L Judy AVEBlack Bear RD Americ us LNBeth AVENatchez TRLCimm aron TRLSara AVEBronco CT Bear Track RDCubby Bear RDHoney Bear RDB u t t e r fi e l d T R L Br o wn B e a r RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community The Home Depot - SE Naples Commercial Subdistrict Exhibit IV.C - Proposed Future Land Use Designation Urban Designation, Mixed Use District, The Home Depot - SE Naples Commercial Subdistrict . 425 0 425212.5 Feet Legend Subject Property - 13.77+/- Acres The Home Depot - SE Naples Commercial Subdistrict Urban Residential Subdistrict Urban Coastal Fringe Subdistrict 9.A.4.c Packet Pg. 1318 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Price ST Ta m i a m i T R L E 1st S T Lely Resort BLVDP e n n y R D Fuller LN Cherokee TRL Arap a ho T RL Tall Oak RDNavajo TRLMaver i ck CTC i m m a r o n T R L Indian Wells WAYMichael C IR Andrew AVEThe Home Depot - SE Naples Commercial Subdistrict Exhibit IV.E - Proposed New Inset Map . 950 0 950475 Feet Legend The home Depot - SE Naples Commercial Subdistrict 9.A.4.c Packet Pg. 1319 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) ZO N E D : M H A N D T T R V C US E : M O B I L E H O M E P A R K A N D R V P A R KZONED: MH, RT AND C-3USE: MOBILE HOME PARK, RVPARK AND UNDEVELOPEDZONED: C-3 AND RTUSE: VACANT AND RV PARKZO N E D : P , A A N D L E L Y R E S O R T D R I / P U D US E : P A R K A N D R E S I D E N T I A L HABITAT ROADTA M I A M I T R A I L E A S T ( U . S . 4 1 ) B A R E F O O T W I L L I AM S R O A D SUBJECT PROPERTY - 13.77± ACRES EXISTING FLUE: URBAN DESIGNATION, MIXED USE DISTRICT, URBAN RESIDENTIAL FRINGE SUBDISTRICT EXISTING ZONING: C-3 ADJ. PROPERTY ZONING LAND USE NORTH ROW, P, A AND LELY RESORT DRI/PUD PARK AND RESIDENTIAL EAST C-3 AND TTRVC VACANT AND RV PARK SOUTH MH, RT AND TTRVC MOBILE HOME PARK AND RV PARK WEST MH, RT AND C-3 MOBILE HOME PARK, RV PARK AND COMMERCIAL 0 400'200'SCALE: 1" = 400' GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 WHEN PLOTTED @ 8.5" X 11" 300 FOOT RADIUS SUBJECT PROPERTY 9.A.4.c Packet Pg. 1320 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 1s t ST 2nd S T Ta mi a mi TRL E P e n n y R D 7 t h S T 3r d ST 4t h S T B a r e f o o t Wil l i a ms R D Tall Oak RD 5t h S T Fuller LNMaver ick CTGrizzly Bear RDHabitat DRCherokee TRL Sit t e rle y S T Arap a h o T R L Judy AVEBlack Bear RD Americ us LNBeth AVENatchez TRLCimm aron TRLSara AVEBronco CT Bear Track RDCubby Bear RDHoney Bear RDB u t t e r fi e l d T R L Br o wn B e a r RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community The Home Depot - SE Naples Commercial Subdistrict Exhibit V.B - Existing Future Land Use Designation Urban Designation, Mixed Use District, Urban Coastal Fringe Subdistrict . 425 0 425212.5 Feet Legend Subject Property - 13.77+/- Acres Urban Residential Subdistrict Urban Coastal Fringe Subdistrict 9.A.4.c Packet Pg. 1321 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Project No. 22GFA3837 HOME DEPOT SOUTHEAST NAPLES COLLIER COUNTY ENVIRONMENTAL DATA REPORT June 2023 Prepared For: Greenberg Farrow Architecture, Inc. 1430 West Peachtree Street NW, Suite 200 Atlanta, Georgia 30390 (404) 601-4000 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 9.A.4.c Packet Pg. 1322 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) i TABLE OF CONTENTS Page Introduction ....................................................................................................................................1 Environmental Data Authors .........................................................................................................1 Vegetation Descriptions .................................................................................................................1 Listed Species Survey ....................................................................................................................3 Native Vegetation Preservation .....................................................................................................4 References ......................................................................................................................................5 9.A.4.c Packet Pg. 1323 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) ii LIST OF TABLES Page Table 1. Native and Non-Native Habitat Types and Acreages ............................................ 4 9.A.4.c Packet Pg. 1324 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) iii LIST OF EXHIBITS Page Exhibit 1. Project Location Map ......................................................................................... E1-1 Exhibit 2. Aerial with FLUCFCS and Wetlands Map ........................................................ E2-1 Exhibit 3. Listed Species Survey Report ............................................................................ E3-1 Exhibit 4. Native and Non-Native Habitat Map ................................................................. E4-1 9.A.4.c Packet Pg. 1325 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 1 INTRODUCTION The following Environmental Data (ED) Report is provided in support of the zoning amendment request for Home Depot Southeast Naples (Project). The ED report was prepared in accordance with the Collier County ED submittal requirements outlined in Chapter 3.08.00 of the Collier County Land Development Code (LDC). The Project totals approximately 13.77 acres and is located in Section 33, Township 50 South, Range 26 East, Collier County (Exhibit 1). More specifically, the Project is located on the south side of U.S. Highway 41 (U.S. 41), approximately 800 feet east of Barefoot Williams Road. The Project is bordered by U.S. 41 to the north; undeveloped forested land to the southeast; a mobile home community to the southwest; and undeveloped, improved land to the west. The Project site is comprised of forested and non-forested upland and wetland areas that contain high levels of cover by exotic vegetation including earleaf acacia (Acacia auriculiformis) and Brazilian pepper (Schinus terebinthifolia). The following ED includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, results of the listed species survey, and the minimum native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This report was prepared by Bethany Brosious and Myra Knowles. They both satisfy the environmental credential and experience requirements, per Section 3.08.00(A)2 of the Collier County LDC. Mrs. Brosious is a Vice President and Senior Ecologist with Passarella & Associates, Inc. (PAI), with 18 years of consulting experience. She holds a Bachelor of Science degree in Animal Sciences from the University of Florida and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. Ms. Knowles is an Ecologist with PAI, with consulting and research experience. She holds a Bachelor of Science degree in Environmental Science from Florida State University and a Master of Professional Science degree in Tropical Marine Ecosystem Management from the University of Miami Rosenstiel School. VEGETATION DESCRIPTIONS Vegetation associations for the Project were delineated using Collier County 2022 rectified color aerials, and groundtruthing was conducted on July 21 and August 4, 2022. The delineation was classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 9.A.4.c Packet Pg. 1326 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 2 1999). Level IV FLUCFCS was utilized to denote disturbance, and “E” codes were used to identify levels of exotic species invasion (e.g., Brazilian pepper and earleaf acacia). AutoCAD Map 3D 2021 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the FLUCFCS map (Exhibit 2). A total of eight vegetative associations on-site (i.e., FLUCFCS codes) were identified on the Project. The dominant habitat types on the Project include Cypress/Pine/Cabbage Palm, Disturbed (50-100% Exotics) (FLUCFCS Code 6249 E3-E4), accounting for 44.3 percent of the property (6.10± acres), and Pine, Disturbed (50-100% Exotics) (FLUCFCS Code 4159 E3-E4), accounting for 43.2 percent of the property (5.96± acres). The Project site is heavily infested with exotic vegetation and contains greater than 50 percent cover by exotic vegetation throughout. Exotic vegetation documented on-site includes, but is not limited to, Brazilian pepper, earleaf acacia, Java plum (Syzygium cumini), and spermacoce (Spermacoce verticillata). The Project site contains 6.24± acres of South Florida Water Management District wetlands (Exhibit 2). The on-site wetlands are comprised of low quality areas that are dominated by exotic vegetation and are identified by the following FLUCFCS codes: Cypress/Pine/Cabbage Palm, Disturbed (FLUCFCS Codes 6249 E3 and E4) and Pine, Hydric, Disturbed (FLUCFCS Code 6259 E3). Descriptions for each FLUCFCS classification are provided below. Pine, Disturbed (50-75% Exotics) (FLUCFCS Code 4159 E3) The canopy of this upland habitat includes earleaf acacia, slash pine (Pinus elliottii), and melaleuca (Melaleuca quinquenervia), with some cabbage palm (Sabal palmetto). The sub-canopy consists of earleaf acacia, slash pine, melaleuca, myrsine (Myrsine cubana), Brazilian pepper, beautyberry (Callicarpa americana), and scattered saw palmetto (Serenoa repens). The ground cover includes scattered saw palmetto, earleaf acacia, cabbage palm, chocolateweed (Melochia corchorifolia), gulfdune paspalum (Paspalum monostachyum), and melaleuca. Vines, including air potato (Dioscorea bulbifera), Old World climbing fern (Lygodium japonicum), muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and greenbrier (Smilax auriculata), were observed in all strata. Pine, Disturbed (76-100% Exotics) (FLUCFCS Code 4159 E4) The vegetative composition of this community type is similar to that of FLUCFCS Code 4159 E3, but with a higher density of exotics. Australian Pine (FLUCFCS Code 437) This upland habitat is composed of primarily Australian pine (Casuarina equisetifolia) in the canopy, sub-canopy, and ground cover. Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) (FLUCFCS Code 6249 E3) The canopy of this wetland habitat includes a mixture of melaleuca, earleaf acacia, slash pine, bald cypress (Taxodium distichum), cabbage palm, Java plum, and laurel oak (Quercus laurifolia). The 9.A.4.c Packet Pg. 1327 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 3 sub-canopy consists of melaleuca, earleaf acacia, cabbage palm, bald cypress, slash pine, laurel oak, myrsine, Brazilian pepper, and dahoon holly (Ilex cassine). The ground cover consists primarily of swamp fern (Telmatoblechnum serrulatum), sawgrass (Cladium jamaicense), and little blue maidencane (Amphicarpum muehlenbergianum). Cypress/Pine/Cabbage Palm, Disturbed (76-100% Exotics) (FLUCFCS Code 6249 E4) The vegetative composition of this community type is similar to that of FLUCFCS Code 6249 E3, but with a higher density of exotics. Pine, Hydric, Disturbed (50-75% Exotics) (FLUCFCS Code 6259 E3) The canopy of this wetland habitat includes slash pine, melaleuca, and earleaf acacia. The sub- canopy consists of slash pine, cabbage palm, wax myrtle (Morella cerifera), melaleuca, Brazilian pepper, laurel oak, and myrsine. The ground cover includes little blue maidencane, sawgrass, swamp fern, and scattered saw palmetto. Disturbed Land (FLUCFCS Code 740) The canopy and sub-canopy of this upland land use are primarily open, but include widely scattered slash pine and cabbage palm. The ground cover includes bahiagrass (Paspalum notatum), Saint Augustine grass (Stenotaphrum secundatum), beggarticks (Bidens alba), crowfoot grass (Dactyloctenium aegyptium), large-flower Mexican clover (Richardia grandiflora), common carpetgrass (Axonopus fissifolius), spermacoce, bermudagrass (Cynodon dactylon), frogfruit (Phyla nodiflora), caesarweed (Urena lobata), and Asiatic pennywort (Centella asiatica). Communication Facilities (FLUCFCS Code 822) This land use type includes a radio station with its associated infrastructure, parking lots, and landscaping. LISTED SPECIES SURVEY A listed species survey was conducted by PAI on the Project in July 2022 to determine if the site was being utilized by wildlife species listed by the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service as threatened or endangered, and for species protected by Collier County. No listed wildlife species were documented on the Project site during the survey. Scattered occurrences of two listed plant species were found on the Project site, including stiff- leaved wild pine (Tillandsia fasciculata) and inflated wild pine (T. balbisiana). Both species are listed as Less Rare Plants by the Collier County LDC Section 3.04.03. The stiff-leaved wild pine is also listed as state endangered, while the inflated wild pine is listed as state threatened. A copy of the listed species survey report is provided as Exhibit 3. 9.A.4.c Packet Pg. 1328 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 4 NATIVE VEGETATION PRESERVATION The 13.77± acre Project site is comprised of 8.42± acres of native vegetation (Exhibit 4). Areas containing greater than 75 percent cover by exotic vegetation, or less than 25 percent cover by native vegetation, were classified as non-native habitat and were excluded from the native vegetation calculation. In addition, areas of previously developed and/or disturbed land were also excluded from the native vegetation calculation. The Project includes a proposed commercial development. Section 3.05.07.B.1 of the Collier County LDC requires retention and preservation of 15 percent of the on-site native vegetation for a commercial development, which equates to a 1.26± acre preserve requirement for the Project (i.e., 8.42± acres of native vegetation x 15 percent = 1.26± acres of required native vegetation preserve) (Exhibit 4). Table 1 provides a summary of the native vegetation communities on-site and the native vegetation preservation calculation. Table 1. Native and Non-Native Habitat Types and Acreages FLUCFCS Code Description Native Vegetation Acreage (±) Non-Native Vegetation Acreage (±) 4159 E3 Pine, Disturbed (50-75% Exotics) 2.63 - 4159 E4 Pine, Disturbed (76-100% Exotics) - 3.60 437 Australian Pine - 0.74 6249 E3 Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) 5.92 - 6249 E4 Cypress/Pine/Cabbage Palm, Disturbed (76-100% Exotics) - 0.18 6259 E3 Pine, Hydric, Disturbed (50-75% Exotics) 0.14 - 740 Disturbed Land - 0.21 822 Communication Facilities - 0.62 Totals 8.42 5.35 Minimum Retained Native Vegetation Requirement for Commercial and Industrial Development (Native Vegetation Acreage, 8.42± acres x 15 percent) 1.26± acres The applicant proposes to preserve and enhance a minimum of 1.26± acres of native vegetation within the Project limits. Please see the Master Concept Plan for a depiction of the preserve location. The proposed preserve location on the southeastern portion of the Project site is consistent with Section 3.05.07A.4(f) of the Collier County LDC, as the Project site does not contain the habitat types identified in Section 3.05.07.A.4(a-e). In addition, the proposed preserve location provides for connection to off-site undeveloped lands and provides a vegetation buffer to the adjacent property. 9.A.4.c Packet Pg. 1329 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 5 The on-site preserve will be enhanced through the removal of exotic vegetation and the installation of supplemental plantings, where needed. The preserve will be protected in perpetuity via a conservation easement. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 9.A.4.c Packet Pg. 1330 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) EXHIBIT 1 PROJECT LOCATION MAP 9.A.4.c Packet Pg. 1331 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) REVIEWED BY DRAWN BY REVISED DATE DATE DATE Gulf of Mexico WHITAKER RDWHITAKER RD LLAAKKEEWWOOOODDBBLLVVDDMANATEE RDMANATEE RDOOUUTTEERR DDRRPIER EPIER EPIER APIER AGGII NNLLNNDUDA RDDUDA RDBAYSHORE DRBAYSHORE DRTTOOWWEERR RRDDPALM DRPALM DRTT EE RR YYLLRRDDFRITCHEY RDFRITCHEY RDCOUNTY BARN RDCOUNTY BARN RDTRINITY PLTRINITY PLG E O R G I A A V E G E O R G I A A V E COPE LNCOPE LN CREWS RDCREWS RD MMAA RRSS HHDDRRTTAARRPPOONNRRDDRRUUMMRROOWWFL O R I D A N A V E FL O R I D A N A V E MM UUSSEEOOCCIIRRRIGGS RDRIGGS RDCCHHAAMMPPIIOONNSSHHIIPPDDRR GGAA LL LL EEOONNDDRRSS AA NN DDPPIIPPEERR DD RRCCEERRRROOMMAARRDDRR WWIILLDDFFLLOOWWEERR WW AA YY GREENWAY RDGREENWAY RDLLEELLYYRREESSOORRTTBBLLVVDDCCEELLEESSTTEEDDRRTTHHOOMMAASSSSOONN DDRR BB AA RR EE FF OO OOTTWWIILLLLIIAAMMSSRRDDGGRRAANNDDLLEELLYY DDRRSSAAII NN TT AA NN DD RR EEWWSSBBLLVVDDAAVVIIAAMMAA RRCCIIRRVVEERROONNAAWWAALL KK CCIIRR SSHHEELL LLIISS LL AA NN DD RR DD FF IIDD DD LLEERRSSCCRREEEEKKPP KK WW YYCOLLIER BLVD (SR 951)COLLIER BLVD (SR 951)SSAABBAALL PPAALLMM RRDD RRAATTTTLLEESSNNAAKKEE HHAAMMMMOOCCKK RRDD COLLIER BLVD (CR 951)COLLIER BLVD (CR 951)(/41 Gulf of MexicoLIVINGSTONRD SNAKERDALICO RD OIL WELL RD C O RKSCREW RD EVERGLADES BLVD¿À892 ¿À849 ¿À951 ¿À94 ¿À858 ¿À850 ¿À837 ¿À82 ¿À835 ¿À839 ¿À846 ¿À833 ¿À29 (/41 §¨¦75 C O L L I E RC O L L I E R H E N D R Y H E N D R Y L E E L E E M O N R O EM O N R O E ^^^ ^ ^ ^ ^ ^ ^ ^^ ^ ^^ ^ ^ MIAMI TAMPA NAPLES ORLANDO KEY WEST SARASOTA PENSACOLA FORT MYERS VERO BEACH LAKE PLACID PANAMA CITY GAINESVILLE TALLAHASSEE JACKSONVILLE DAYTONA BEACH FORT LAUDERDALE¶ PROJECT LOCATIONSEC 33, TWP 50 S, RNG 26 E EXHIBIT 1. PROJECT LOCATION MAP P.F. B.B. 5/1/23 5/1/23HOME DEPOT SOUTHEAST NAPLES 9.A.4.c Packet Pg. 1332 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) EXHIBIT 2 AERIAL WITH FLUCFCS AND WETLANDS MAP 9.A.4.c Packet Pg. 1333 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPROXIMATEP/L740(0.04 Ac.±)740(0.17 Ac.±)822(0.62 Ac.±)~US 41~~PENNY RD~~BAREFOOT WILLIAMS RD~~L I N D A A V E ~~2ND ST~~1ST ST~~HOWARD AVE~4159E4(3.60 Ac.±)6259E3(0.14 Ac.±)4159E3(0.41 Ac.±)6249E4(0.18 Ac.±)6249E3(5.92 Ac.±)4159E3(0.35 Ac.±)4159E3(1.60 Ac.±)437(0.74 Ac.±)J:\2022\22gfa3837\2023\Environmental Data Report\Exhibit 2 Aerial with FLUCFCS and Wetlands Map.dwg Tab: 17X11-C Jun 15, 2023 - 9:17am Plotted by: PaulFP.F.M.K.B.B.REVISIONS5/1/235/1/23DATEDATE5/1/23DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESAERIAL WITH FLUCFCS AND WETLANDS MAPSCALE: 1" = 150'EXHIBIT 2NOTES:AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGHTHE COLLIER COUNTY PROPERTY APPRAISER'SOFFICE WITH A FLIGHT DATE OF DECEMBER 2022.PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.FLUCFCS LINES ESTIMATED FROM 1"=200' AERIALPHOTOGRAPHS AND LOCATIONS APPROXIMATED.FLUCFCS PER FLORIDA LAND USE, COVER AND FORMSCLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999).UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWEDBY ANY REGULATORY AGENCY AND ARE SUBJECTTO CHANGE.LEGEND:SFWMD WETLANDS(6.24 Ac.±)9.A.4.cPacket Pg. 1334Attachment: Attachment B - EXHIBIT 3 LISTED SPECIES SURVEY REPORT 9.A.4.c Packet Pg. 1335 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) E3-1 HOME DEPOT SOUTHEAST NAPLES LISTED SPECIES SURVEY REPORT September 2022 1.0 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. on July 15, 2022 for Home Depot Southeast Naples (Project). The Project is located in Section 33, Township 50 South, Range 26 East, Collier County (Appendix A) and is comprised of 13.77± acres of forested lands, invaded by varying degrees of exotic vegetation. The Project is located along the south side of U.S. Highway 41, approximately 800 feet east of the intersection of Barefoot Williams Road and US 41. The Project is bordered to the north by U.S. 41; to the southeast by undeveloped forested land; to the southwest by a mobile home community; and to the west by undeveloped, improved land. 2.0 LITERATURE REVIEW AND FIELD SURVEY METHODOLOGY A literature review and field survey were conducted to determine whether the Project site was being utilized by state and/or federally listed species as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services and the USFWS as endangered, threatened, or commercially exploited and for plant species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code (LDC) Section 3.04.03). 2.1 Literature Review The literature review involved an examination of available information on listed species in the Project’s geographical region. The literature sources reviewed included: Florida’s Endangered and Threatened Species (FWCC 2021); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); National Bald Eagle Management Guidelines (USFWS 2007); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); Landscape-Scale Conservation for the Florida Panther (Kautz et al. 2006); and USFWS, FWCC, and/or Audubon Eaglewatch databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle (Haliaeetus leucocephalus), red- cockaded woodpecker (Picoides borealis), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries (e.g., wood stork (Mycteria americana)) in Collier County. 9.A.4.c Packet Pg. 1336 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) E3-2 2.2 Field Survey The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects across the Project site. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. Approximate transect locations and spacing are shown on Appendix B. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or 10x power binoculars. 3.0 RESULTS 3.1 Literature Review According to the Audubon EagleWatch and FWCC databases, the nearest bald eagle nest (CO062) is located approximately 1.3 miles to the southeast of the Project (Appendix C). The Project is located outside of the USFWS designated 660-foot buffer zone for bald eagle nests. The bald eagle is not a listed species but is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991) and the FWCC database were referenced for the locations of breeding colonies for both listed and non-listed wading birds including, but not limited to, snowy egret (Egretta thula), roseate spoonbill (Ajaia ajaja), little blue heron (Egretta caerulea), and tri-colored heron (Egretta tricolor). According to these sources, there are no wading bird colonies on-site or in the vicinity of the Project (Appendix C). The Project is located within the USFWS consultation area for the red-cockaded woodpecker (Appendix D). No red-cockaded woodpecker colonies or cavity trees have been documented on the Project site. The closest documented colonies are approximately 1.7 miles to the northeast of the Project site (Appendix D). The red-cockaded woodpecker is a state and federally listed endangered species. The Project is located within the USFWS consultation area for the Florida scrub jay (Appendix E); however, there are no documented occurrences of Florida scrub jays on the Project site and the Project does not contain scrub jay habitat. The nearest Florida scrub jay occurrence is located approximately 3.1 miles south of the Project site (Appendix E). The Florida scrub jay is a state and federally listed threatened species. The Project site is located within the USFWS Florida bonneted bat (Eumops floridanus) consultation area (Appendix F) and contains potential roosting and foraging habitat for the Florida bonneted bat. The Florida bonneted bat is a state and federally listed endangered species. The Project is located outside the limits of the USFWS Panther Focus Area. 9.A.4.c Packet Pg. 1337 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) E3-3 3.2 Field Survey The field survey was conducted on July 15, 2022. Weather conditions during the survey included partly cloudy skies, with east winds ranging from five to ten miles per hour, and temperatures in the high 80s. No listed wildlife species were documented on the property during the field survey. Scattered occurrences of two listed plant species were found on the Project site and included stiff-leaved wild pine (Tillandsia fasciculata) and inflated wild pine (Tillandsia balbisiana). Both species are listed as Less Rare Plants by the Collier County LDC. The stiff-leaved wild pine is also listed as state endangered, while the inflated wild pine is listed as state threatened. These epiphytic plant species were found scattered throughout the Project site located on live oaks (Quercus sp.), bald cypress (Taxodium distichum), and melaleuca (Melaleuca quinquenervia) (Appendix B). 4.0 SUMMARY The literature search and review of agency databases found no documented occurrences for listed species on, or within the vicinity of, the Project site. The closest bald eagle nest is located 1.3 miles southeast of the Project. The Project site is located within the USFWS consultation area for the red-cockaded woodpecker, Florida scrub jay, and Florida bonneted bat; and outside of the USFWS panther focus area. The July 15, 2022 field survey documented no listed wildlife species on the Project site. During the survey, two listed plant species were found on the property, the stiff-leaved wild pine and inflated wild pine. 5.0 REFERENCES Florida Fish and Wildlife Conservation Commission. 2021. Florida’s Endangered and Threatened Species. Official Lists, Bureau of Non-Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133 Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife 9.A.4.c Packet Pg. 1338 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) E3-4 Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. 9.A.4.c Packet Pg. 1339 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPENDIX A PROJECT LOCATION MAP 9.A.4.c Packet Pg. 1340 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) REVIEWED BY DRAWN BY REVISED DATE DATE DATE Gulf of Mexico WHITAKER RDWHITAKER RD LLAAKKEEWWOOOODDBBLLVVDDMANATEE RDMANATEE RDOOUUTTEERR DDRRPIER EPIER EPIER APIER AGGII NNLLNNDUDA RDDUDA RDBAYSHORE DRBAYSHORE DRTTOOWWEERR RRDDPALM DRPALM DRTT EE RR YYLLRRDDFRITCHEY RDFRITCHEY RDCOUNTY BARN RDCOUNTY BARN RDTRINITY PLTRINITY PLG E O R G I A A V E G E O R G I A A V E COPE LNCOPE LN CREWS RDCREWS RD MMAA RRSS HHDDRRTTAARRPPOONNRRDDRRUUMMRROOWWFL O R I D A N A V E FL O R I D A N A V E MM UUSSEEOOCCIIRRRIGGS RDRIGGS RDCCHHAAMMPPIIOONNSSHHIIPPDDRR GGAA LL LL EEOONNDDRRSS AA NN DDPPIIPPEERR DD RRCCEERRRROOMMAARRDDRR WWIILLDDFFLLOOWWEERR WW AA YY GREENWAY RDGREENWAY RDLLEELLYYRREESSOORRTTBBLLVVDDCCEELLEESSTTEEDDRRTTHHOOMMAASSSSOONN DDRR BB AA RR EE FF OO OOTTWWIILLLLIIAAMMSSRRDDGGRRAANNDDLLEELLYY DDRRSSAAII NN TT AA NN DD RR EEWWSSBBLLVVDDAAVVIIAAMMAA RRCCIIRRVVEERROONNAAWWAALL KK CCIIRR SSHHEELL LLIISS LL AA NN DD RR DD FF IIDD DD LLEERRSSCCRREEEEKKPP KK WW YYCOLLIER BLVD (SR 951)COLLIER BLVD (SR 951)SSAABBAALL PPAALLMM RRDD RRAATTTTLLEESSNNAAKKEE HHAAMMMMOOCCKK RRDD COLLIER BLVD (CR 951)COLLIER BLVD (CR 951)(/41 Gulf of MexicoLIVINGSTONRD SNAKERDALICO RD OIL WELL RD C O RKSCREW RD EVERGLADES BLVD¿À892 ¿À849 ¿À951 ¿À94 ¿À858 ¿À850 ¿À837 ¿À82 ¿À835 ¿À839 ¿À846 ¿À833 ¿À29 (/41 §¨¦75 C O L L I E RC O L L I E R H E N D R Y H E N D R Y L E E L E E M O N R O EM O N R O E ^^^ ^ ^ ^ ^ ^ ^ ^^ ^ ^^ ^ ^ MIAMI TAMPA NAPLES ORLANDO KEY WEST SARASOTA PENSACOLA FORT MYERS VERO BEACH LAKE PLACID PANAMA CITY GAINESVILLE TALLAHASSEE JACKSONVILLE DAYTONA BEACH FORT LAUDERDALE¶ PROJECT LOCATIONSEC 33, TWP 50 S, RNG 26 E APPENDIX A. PROJECT LOCATION MAP P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES 9.A.4.c Packet Pg. 1341 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPENDIX B AERIAL WITH BOUNDARY, SURVEY TRANSECTS, AND LISTED SPECIES LOCATIONS 9.A.4.c Packet Pg. 1342 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPROXIMATEP/L~US 41~~HOWARD AVE~~2ND ST~~1ST ST~~L I N D A A V E ~~PENNY RD~~BAREFOOT WILLIAMS RD~J:\2022\22gfa3837\2022\LSS\Appendix B Aerial with Boundary and Survey Transects.dwg Tab: 17X11-C Sep 21, 2022 - 1:08pm Plotted by: PaulFP.F.B.B.B.B.REVISIONS8/9/228/9/22DATEDATE8/9/22DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESAERIAL WITH BOUNDARY AND SURVEY TRANSECTSSCALE: 1" = 150'APPENDIX BNOTES:AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGHTHE COLLIER COUNTY PROPERTY APPRAISER'SOFFICE WITH A FLIGHT DATE OF DECEMBER 2021.PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.LEGEND:APPROXIMATE LOCATION OFSURVEY TRANSECTS9.A.4.cPacket Pg. 1343Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPENDIX C DOCUMENTED OCCURRENCES OF LISTED SPECIES 9.A.4.c Packet Pg. 1344 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) DRAWN BY REVIEWED BY REVISED DATE DATE DATE                 LEGEND  A  !( !H  l  !F  0 1 2Miles ¶ APPENDIX C. DOCUMENTED OCCURRENCES OF LISTED SPECIES P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES !(!(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!( !( !( !(!(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( 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!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!( !( !(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !(!(!(!(!(!(!(!(!( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!( !( !(!(!(!( !( !(!( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!( !( !( !(!( !( !(!(!(!(!( !( !(!( !( !(!( !( !(!(!(!(!( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!( !( !( !( !(!( !( !(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !F !H!H!H !H !H !H !H !H!H !H !H !H !H !H !H !H !H!H !H!H !H !H !H !H !H!H !H l l A A A A A A A A A A A A AA A A A A A A A A A A A A A A A A A A A A A A A A A Gulf of MexicoFERN S T THOMASSON DRPALMDRBAYSHORE DRCOUNTY BARN RDL A K E W O O D BLVDESTEY AVERATTLESNAKE HAMMOCK DAVIS BLVD ¿À951 (/41 PROJECT LOCATION 9.A.4.c Packet Pg. 1345 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples APPENDIX D RCW CONSULTATION AREA WITH LOCATIONS 9.A.4.c Packet Pg. 1346 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) !H !H !H !H !H!H !H !H !H !H !H !H !H !H !H!H !H!H !H !H !H !H !H !H!H !H !H !H !H !H !H !H !H !H !H !H !H!H !H !H!H!H !H !H !H!H !H!H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H Gulf of Mexico (/41 C O L L I E RC O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O EM O N R O E §¨¦75 REVISED DATE REVIEWED BY DRAWN BY DATE DATE        LEGEND  !H   APPENDIX D. RCW CONSULTATION AREA WITH LOCATIONS P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES PROJECT LOCATION 0 3 6Miles ¶ 9.A.4.c Packet Pg. 1347 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPENDIX E SCRUB JAY CONSULTATION AREA WITH LOCATIONS 9.A.4.c Packet Pg. 1348 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) l l l ll l l l l l l ll l l l l l ll l Gulf of Mexico (/41 C O L L I E R C O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O EM O N R O E §¨¦75 REVIEWED BY DRAWN BY REVISED DATE DATE DATE       LEGEND  l   APPENDIX E. SCRUB JAY CONSULTATION AREA WITH LOCATIONS P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES 0 3 6Miles ¶ PROJECT LOCATION 9.A.4.c Packet Pg. 1349 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPENDIX F FLORIDA BONNETED BAT CONSULTATION AREA AND PROPOSED CRITICAL HABITAT MAP 9.A.4.c Packet Pg. 1350 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Gulf of Mexico C O L L I E R C O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O E M O N R O E (/41 §¨¦75 REVISED DATE REVIEWED BY DRAWN BY DATE DATE 0 3 6Miles ¶        LEGEND    APPENDIX F. FLORIDA BONNETED BAT CONSULTATION AREA AND PROPOSED CRITICAL HABITAT MAP P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES PROJECT LOCATION 9.A.4.c Packet Pg. 1351 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) EXHIBIT 4 NATIVE AND NON-NATIVE HABITAT MAP 9.A.4.c Packet Pg. 1352 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) APPROXIMATEP/L740(0.04 Ac.±)740(0.17 Ac.±)822(0.62 Ac.±)~US 41~~PENNY RD~~BAREFOOT WILLIAMS RD~~L I N D A A V E ~~2ND ST~~1ST ST~~HOWARD AVE~4159E4(3.60 Ac.±)6259E3(0.14 Ac.±)4159E3(0.41 Ac.±)6249E4(0.18 Ac.±)6249E3(5.92 Ac.±)4159E3(0.35 Ac.±)4159E3(1.60 Ac.±)437(0.74 Ac.±)J:\2022\22gfa3837\2023\Environmental Data Report\Exhibit 4 Native and Non-Native Habitat Map.dwg Tab: 17X11-C Jun 15, 2023 - 9:18am Plotted by: PaulFP.F.M.K.B.B.REVISIONS5/1/235/1/23DATEDATE5/1/23DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESNATIVE AND NON-NATIVE HABITAT MAPSCALE: 1" = 150'EXHIBIT 4NOTES:PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.FLUCFCS LINES ESTIMATED FROM 1"=200' AERIALPHOTOGRAPHS AND LOCATIONS APPROXIMATED.FLUCFCS PER FLORIDA LAND USE, COVER AND FORMSCLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999).UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWEDBY ANY REGULATORY AGENCY AND ARE SUBJECTTO CHANGE.LEGEND:SFWMD WETLANDS(6.24 Ac.±)NATIVE VEGETATION(8.42 Ac.±)9.A.4.cPacket Pg. 1353Attachment: Attachment B - The Home Depot – SE Naples Commercial Subdistrict (PL20220000946) Exhibit V.D Growth Management November 16, 2022 Page 1 of 3 Exhibit VD Growth Management.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com The small-scale plan amendment to the Future Land Use Element is being filed to create a new 13.7+/- subdistrict to allow development of up to 140,000 square feet of Intermediate Commercial, C-3 uses, and home improvement store uses. The property is presently zoned C-3, Intermediate Commercial and authorizes these uses without size limitation. Under Chapter 163 F.S., local governments are authorized to adopt and amend their comprehensive plans. Staff has requested that the applicant address three sections from Chapter 163. Chapter 163.3167 Scope of act.— (9) Each local government shall address in its comprehensive plan, as enumerated in this chapter, the water supply sources necessary to meet and achieve the existing and projected water use demand for the established planning period, considering the applicable plan developed pursuant to s. 373.709. The project will be provided potable water and sewer service by Collier County Water Sewer District. No capacity issues exist or are anticipated in the service area. Chapter 163.3177 (6) (a) 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. b. The projected permanent and seasonal population of the area. c. The character of undeveloped land. 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 which are inconsistent with the character of the community. 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 consistent with s. 333.02. 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. j. The need to modify land uses and development patterns within antiquated subdivisions. The property is presently zoned C-3, Intermediate Commercial, and is considered to be consistent with Growth Management Plan by policy. The current property owner desires to develop a nationally known home improvement retail store at this location; however, this type of use is not permitted in the C-3 zoning district. A small-scale Growth Management Plan amendment is required in order to intensify the zoning on the property due to policies in the current Growth Management Plan which limit most new commercial zoning to areas designated as an Activity Center. The applicant has conducted extensive diligence analysis of the market for this type of retail facility and has included a market analysis as part of this application which concludes that there is adequate demand for this type of land use at this location. The site is within the Urban designated area of Collier 9.A.4.c Packet Pg. 1354 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) November 16, 2022 Page 2 of 3 Exhibit VD Growth Management.docx County and has water, sewer and roadway capacity available to serve the proposed use. Utilization of this infill parcel does discourage sprawl. The companion PUD application includes a conceptual master plan identifies proposed buffers and building areas and the PUD document includes development standards which will assure the use(s) will be compatible with the nearby residential development. The applicant is aware that there is an ongoing effort to establish an master plan for the East Naples area and the applicant team has been coordinating with staff, and will continue to coordinate with staff during development of the master plan. Chapter 163.3177 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. c.An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The Home Depot – SE Naples Commercial Subdistrict is consistent with Chapter 163.3177, F.S. Urban services are available at the site and adequate capacity exists to serve the project. The applicant has performed due diligence analysis of the site and determined that there is demand for the proposed project, and that the site with typical clearing and filling of the property to meet surface water management criteria is suitable for development. The 13.7+/- acres of property is the minimum amount of land to support a home improvement store in this market area as evidenced by the market demand analysis and conceptual PUD master plan. 163.3184 Process for adoption of comprehensive plan or plan amendment. This section of the statute outlines the process and authority for agency review of plan amendments. The applicant understands that this small-scale amendment may be adopted by the Board of County Commissioners subject to the review criterial under Chapter 163 F.S. The applicant’s experts are of the opinion that there are no regional or state impacts associated with the application. Project Justification Future Land Use Element: The 13.77± acre project is designated Urban Designation, Mixed Use District, Urban Residential Fringe Subdistrict on the Future Land Use Map. The applicant is proposing to amend the FLUE and map to create a new subdistrict in order to develop up to 140,000 square feet of C-3 and home improvement uses. Policy 5.5 of the Future Land Use Element discourages unacceptable levels of urban sprawl. The subject property is located within the Urban Designated area of the County and is an infill development. Utilization of this type of Urban land does discourage urban sprawl. Policy 5.6 of the Future Land Use Element indicates that new developments shall be compatible and complementary to the surrounding land uses. The site is presently zoned C-3, Intermediate Commercial which allows a wide variety of commercial land uses. The only use requested beyond C-3 uses is for a 9.A.4.c Packet Pg. 1355 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) November 16, 2022 Page 3 of 3 Exhibit VD Growth Management.docx home improvement retail store. The companion PUD includes development standards that will assure that the home improvement store or any other C-3 use will be compatible with the surrounding development. The development of the site will be complementary to surrounding development and the building(s) will be designed to meet with County’s architectural standards. Objective 7 and Policies 7.1 through 7.4 of the Future Land Use Element encourages smart growth, reduction of greenhouse gases and potential interconnection of projects. The use of an urban infill site will help reduce vehicular trips, thereby reducing greenhouse gases. The site is bounded by developed property to the west and south and U.S. 41 to the north. Interconnection to the south into the existing RV park is not feasible and the applicant does propose to connect to the drive aisle/frontage road that currently serves the Race Trac gas/convenience store if allowed by RaceTrac. Interconnection to the southeast is not possible due to the presence of the project’s native preservation area. Transportation Element: Policy 5.1 requires that all projects are evaluated to determine their effect on the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR. Public Facilities Element: The property is served by potable water and sanitary sewer services. Water and sewer service will be provided by Collier County Water Sewer District. No capacity issues have been identified or are anticipated in the future. Conservation and Coastal Management Element: Policy 6.1.1 requires preservation of native vegetation based on a percentage of the native vegetation existing on-site. The companion conceptual PUD master plan identifies 15% of the existing native vegetation to be retained onsite. Objective 7.1 and related policies direct incompatible land uses away from listed animal species and their habitats. The site is an urban parcel which has been partially developed and is adjacent to developed properties. The environmental assessment concludes that there are no listed animal species on the property. 9.A.4.c Packet Pg. 1356 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Southeast Naples Collier County Home Improvement Needs Analysis Initial Report 11.23.22 Edited 11.30.22, 05.19.23 9.A.4.c Packet Pg. 1357 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Findings Summary Objective: •The Home Depot is interested in building a new prototypical unit at the proposed site in the southern portion of the Naples market along the south side of US-41, herein referred to as Southeast Naples. •The Collier County Comprehensive Growth Plan does not allow for a large format home improvement retailer land use at this location. Kalibrate intends to demonstrate the need for an additional large-format, home improvement retailer in this area through analysis of demographic data and home improvement retailer saturation in the area served by Southeast Naples, the balance of Collier County, other counties, and the state of Florida. •For the purpose of this analysis, Kalibrate has compiled data related to the most analogous Gulf Coastal Counties, in terms of residential and retail density. This includes Lee, Charlotte, Sarasota, and Manatee Counties. •Kalibrate is presenting this analysis on behalf of The Home Depot. Summary: •Significant population growth is projected in the area that would be served by the Southeast Naples site in the coming years. Relative to the population, there are fewer home improvement * (Home Depot and Lowe’s) retailers in the trade area and Collier County relative to surrounding areas. The demographic environment of the Southeast Naples site is one that is shown to have a high demand for home improvement merchandise. •Kalibrate has found a positive correlation between median household income and home improvement spending. Both the trade area for the proposed site and Collier County currently fall below the trendline when analyzing aggregate spending compared to median household income, suggesting that there is an unmet demand. * For the purpose of this analysis “home improvement” stores refer to Home Depot and Lowe’s exclusively. Hardware stores, when referenced, will be identified as such. 1 9.A.4.c Packet Pg. 1358 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Proposed Site The land in question, along the south side of Tamiami Trail E (US- 41), is located between Habitat Road and Barefoot Williams Road, at coordinates (26.071508, - 81.713350). While the parcel is currently zoned as commercial or C-3, the planned/future land use for this area is categorized as “Urban Coastal Fringe Subdistrict”. Accordingly, a growth management plan amendment is necessary. 9.A.4.c Packet Pg. 1359 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Site Accessibility The site’s location along US-41 would make it well-positioned to serve Southern Collier County, particularly the less populated municipalities south of Collier Boulevard. Collier Boulevard is a six-lane major arterial road that serves all of southeast Collier County. The defined area that is expected to benefit from the location of a Home Depot at this site is pictured above. It is expected that the trade area for this site will extend east to State Road 29 to encompass Copeland, Carnestown, and Everglades City; south to Marco Island and Goodland, north to I-75 and northwest to serve the suburban populations between East Naples and Naples Manor. The defined trade area for a Southeast Naples Home Depot, has a trade area population of 86,347 (Q4 2021). 9.A.4.c Packet Pg. 1360 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Trade Area The anticipated trade area follows ZIP Code boundaries. These boundaries and their associated demographic characteristics are licensed by Kalibrate from STI PopStats (2021 Q4 data release). To determine a proposed trade area, Kalibrate leverages a mix of factors: •trade area coverage of other existing Home Depot stores in Southwest Florida •mobility data (cell phone data) to determine the geographic draw of the existing Lowe’s (12730 Tamiami Trail E, Naples, FL 34113) •location attributes of the area (demographic characteristics, drive-time, natural barriers, etc.) •our 40+ years of professional experience with The Home Depot and other large-format national retail chains Kalibrate maintains a database of all Home Depot trade areas, that is updated annually. These trade areas are based on Home Depot’s actual customer and sales data. Kalibrate distributes this data to individual ZIP Codes by individual Home Depot stores to determine stores’ actual trade area draw. This allows Kalibrate to understand how far a potential customer is willing to drive to patronize a Home Depot in various urbanicity settings (urban, suburban, exurban, and rural), as well as understand how this draw changes in the presence of other Home Depot stores or competitors.The geographic extent proposed for this Home Depot aligns with the geographic distribution of the aforementioned Lowe’s store (based on cell phone mobility data). 9.A.4.c Packet Pg. 1361 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Drivetime The proposed site’s location along US-41 allows for a high degree of mobility for residents both within and outside the trade area. The image shows the approximate drive-time boundaries needed to access the site within 10, 15, and 20-minutes. It is notable that the site would be easily accessed from both Marco Island to the south and the more rural areas of southern Collier County to the southeast. 9.A.4.c Packet Pg. 1362 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Average Annual Growth The projected average annual growth rate (over ten years) in the defined trade area is +1.80%. This is higher than both the annual growth of Collier County (+1.40%), in nearby Gulf Coastal counties (averaging +1.17%), and in the state of Florida (+1.01%). Total Growth Collier County is only second to Lee County in terms of gross population added and population growth rate estimated over the next ten years. The population in Collier County is expected to gain close to an additional 60,000 residents over that period, with 30% of that growth within the proposed Home Depot’s trade area. Key Takeaway Beyond the existing population count of the trade area, future population and housing growth will only further increase the demand for home improvement goods. Especially within 10 minutes of the proposed Home Depot site. Population Current Population Density 9.A.4.c Packet Pg. 1363 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Projected Population Growth over 10 Years Population Growth between 2021 and 2031 Comparable Area Estimated 2021 Population Projected 2031 Population Annual Pop Growth 10Y Pop Increase Total Pop Growth Trade Area 86,347 103,942 1.87%17,595 20% Collier 387,339 444,915 1.40%57,576 15% Charlotte 195,114 210,021 0.74%14,907 8% Lee 781,548 928,223 1.73%146,675 19% Manatee 405,519 458,896 1.24%53,377 13% Sarasota 448,402 492,622 0.94%44,220 10% Florida 21,834,826 24,153,705 1.01%2,318,879 11% This map illustrates the location and intensity of population growth that is expected to occur over the next ten years. This growth is expected to contribute to a significant increase in demand for home improvement retail goods that cannot be met by the current market offerings. 9.A.4.c Packet Pg. 1364 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Evidence of New Single Family Household Growth Near the Proposed Site These images are examples of nearby housing communities which typically spent heavily on home improvement goods. These homes are single-family owner-occupied, with residents having moderate to high incomes. Pictured - Left: Artesia Naples, a development that is expected to have 400+ single- family homes. Right: Naples Reserve, an 11- neighborhood community with over 500+ homes. 9.A.4.c Packet Pg. 1365Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Home Improvement Saturation Relative to the population, Collier County has fewer full-line home improvement retailers (Home Depot and Lowe’s) than nearby counties. In particular, southern Collier County (the population south of Collier Boulevard) is currently only served by one home improvement retailer and two hardware stores (both located on Marco Island.) 9.A.4.c Packet Pg. 1366 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Home Improvement Saturation Geography 2031 Population HI Retailers Saturation (HI Retailer/100,000 people) Trade Area 103,942 1 0.96 Collier County Population 444,915 4 0.90 Collier County -TA 340,973 3 0.88 Charlotte 210,021 4 1.90 Lee 928,223 10 1.08 Manatee 458,896 5 1.09 Sarasota 492,622 7 1.42 Kalibrate has found that certain demographic characteristics, such as median household income, median age, percent owner-occupied housing, and annual population growth have a positive correlation with increased demand for home improvement goods. The trade area demographic characteristics for the proposed site are conducive to a successful home improvement retailer. Furthermore, both Southeast Naples’ trade area and Collier County, overall, have home improvement retailer saturations (number of home improvement stores per 100,000 people) below average. Furthermore, based on the demographic characteristics listed above, Kalibrate expects that the growth in aggregate expenditure demand for home improvement goods will grow at a faster rate than these other areas. When accounting for seasonality, the Southeast Naples trade area and Collier County have even lower saturation rates, with less than half the penetration rate expected for Charlotte County. Key Takeaway The Southeast Naples trade area, as well as Collier County as a whole, are both underserved by home improvement retail. The estimated growth of positively correlated households will serve to increase expenditure potential demand. Furthermore, the degree to which the market is underserved is further exacerbated by the high degree of seasonal housing units within the defined trade area. Geography 2031 Pop w/ Seasonality HI Retailers Saturation (HI Retailer/100,000 people) Trade Area 123,907 1 0.81 Collier 492,277 4 0.81 Balance of Collier County 368,895 3 0.81 Charlotte 217,040 4 1.84 Lee 981,403 10 1.02 Manatee 477,294 5 1.05 Sarasota 509,183 7 1.37 9.A.4.c Packet Pg. 1367 Expenditure Data Based on Market Outlook estimates, residents of Collier County currently spend approximately $600 million on home improvement-related consumer goods in 2021. This includes paint and wallpaper, home appliances, cabinetry, outdoor furniture, lumber, flooring, hardware, and lawn and garden supplies. (The Southeast Naples trade area is approximately $135 million) In 2031, Collier County expected expenditure will increase to nearly $690 million (without adjusting for inflation). Expenditure data relative to median household income has a positive correlation when looking at other Gulf Coastal Counties. Both Collier County and the proposed site’s trade area fall below the trendline. Key Takeaway Overall, the defined trade area shows that relative to the trade area’s high median household income the trade area’s opportunity to spend on home improvement goods is below average, presumably due to a lack of retail opportunities. Charlotte Collier Lee Manatee Sarasota Trade Area $0 $200,000,000 $400,000,000 $600,000,000 $800,000,000 $1,000,000,000 $1,200,000,000 $1,400,000,000 $50,000 $55,000 $60,000 $65,000 $70,000 $75,000 $80,000Home Improvement ExpenditureMedian Household Income Aggregate Expenditure/Median Household Income 9.A.4.c Packet Pg. 1368 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Demographic Data Source The demographic data used in this analysis was licensed by Kalibrate from STI PopStats (https://synergos-tech.com/popstats/ [synergos- tech.com]). The vintage used was from their 2021 Q4 release. Kalibrate uses this data provider for most of its retail, restaurant, health care, and financial clients. This data is available at several geographic levels: ZIP Code, Census Tract, Census Block Group, and Census Block. It contains a wide range of demographic variables, including, but not limited to housing counts, population counts, income variables, home ownership, housing types, age characteristics, occupation, and seasonality metrics. Furthermore, STI PopStats also provides 5-and 10-year housing, population, and income projections. Kalibrate will not be able to provide the raw data, as Kalibrate’s STI PopStats license does not permit for that use. 9.A.4.c Packet Pg. 1369 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Future Supply Based on the review of the activity center index map, the only viable options within existing locations are #18 and #7. Both locations were analyzed and were eliminated for specific reasons. -Activity Zone #18 does not present any opportunity to locate a prototypical Home Depot store due to no availability in land large enough to suit our design. -Activity Zone #7 was reviewed and deemed to not be suitable due to the proximity to the existing Home Depot store located at the intersection 1651 S. Airport Pulling Rd. -Based on this information, we tried to locate our proposed store as close as possible to Activity Zone #18. 9.A.4.c Packet Pg. 1370 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Additional Considerations for Collier County It is estimated that Collier County will be adding approximately 60,000 new residents within the next ten years. These residents are currently served by 4 full-line home improvement retailers. This additional population merits the need for additional home improvement retailers, but there is further need when considering the needs of the construction industry to support this new housing growth as well. Collier County will additionally benefit from the development of a new Home Depot unit as a resource in combatting the effects of natural disasters such as hurricanes. Full-scale home improvement retailers such as The Home Depot serve to aid local communities in both preventative and restorative measures in the event of natural disasters. Southern Collier County in particular, is at greater risk for flooding and hurricane damage. Finally, an additional Home Depot in Southeast Naples will provide the municipality with both sales tax revenue and employ hundreds of associates. 9.A.4.c Packet Pg. 1371 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home The Home Depot – SE Naples Commercial Subdistrict (PL20220000946) Exhibit V.E Public Facilities Level of Service Analysis December 14, 2022 Page 1 of 3 Exhibit VE Public Facilities.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: The subject 13.77± acre property proposes to create a new subdistrict to allow development of up to 140,000 square feet of Intermediate Commercial, C-3 uses, and home improvement store uses. The public facilities analysis evaluates the project impacts on Class A public facilities including potable water, wastewater, drainage, parks, schools, roadways, fire/EMS and solid waste. The source for the LOS information is the Collier County 2021 AUIR, unless otherwise noted. Potable Water The property is located within the Collier County potable water service area. The LOS for potable water is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Sanitary Sewer The property is located within the Collier County sanitary sewer service area. The LOS for sanitary sewer is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Arterial and Collector Roads Please refer to the Traffic Impact Statement for discussion of the project’s impact on the LOS for arterial and collector roadways within the project’s radius of development influence. Drainage The County has adopted a LOS standard for private developments which requires development to occur consistent with water quantity and quality standards established in Ordinances 74-50, 90-10, 2001-2 and LDC Ordinance 2004-41, as may be amended. The property will be issued an Environmental Resource Permit (ERP) by the Florida Department of Environmental Protection (FDEP), which has established requirements for water quality treatment, storm water runoff attenuation and controlled off-site discharge of storm water runoff. The proposed development is consistent with Collier County LOS standards. 9.A.4.c Packet Pg. 1372 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) December 14, 2022 Page 2 of 3 Exhibit VE Public Facilities.docx Solid Waste The property is located within the Collier County solid waste service area. The LOS for solid waste is based on residential population; therefore, the proposed project will not cause any LOS issues in the 5-year planning horizon. Parks: Community and Regional The increased commercial use has no impacts on this public facility. No adverse impacts to Community or Regional Parks result from the amendment of this subdistrict. Schools The increased commercial use has no impacts on this public facility. No adverse impacts to Community or Regional Parks result from the amendment of this subdistrict. Fire Control, Sheriff and EMS The proposed project lies within the Greater Naples Fire and Rescue District. The Greater Naples Fire Control and Rescue District - Station #21, located at 11121 Tamiami Trail E, Naples, FL 34113, which is approximately 3.3 miles from the property. No significant impacts to Fire Control level of service are anticipated due to the proposed project. Estimated impact fees for EMS and fire would be determined at time of SDP based on the size or type of development. Sheriff, Fire Protection and EMS Services location/address of facilities intended to serve the project are; Greater Naples Fire Control and Rescue District - Station #21 11121 Tamiami Trail E, Naples, FL 34113 Collier County Sheriff's Office - District 5 13245 Tamiami Trail E, Naples, FL 34114 9.A.4.c Packet Pg. 1373 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) December 14, 2022 Page 3 of 3 Exhibit VE Public Facilities.docx Existing Services and Public Facilities Map: 9.A.4.c Packet Pg. 1374 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) The Home Depot – SE Naples Commercial Subdistrict (PL20220000946) Exhibit V.F CHHA Location Map March 14, 2023 Page 1 of 1 Exhibit VF CHHA Location Map.docx Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 9.A.4.c Packet Pg. 1375 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1376 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1377 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1378 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1379 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1380 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1381 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1382 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1383 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1384 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1385 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1386 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1387 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1388 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1389 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1390 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.cPacket Pg. 1391Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.c Packet Pg. 1392 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1393 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1394 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1395 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1396 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1397 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1398 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1399 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1400 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1401 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.cPacket Pg. 1402Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.cPacket Pg. 1403Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.cPacket Pg. 1404Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.cPacket Pg. 1405Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.c Packet Pg. 1406 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.cPacket Pg. 1407Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.c Packet Pg. 1408 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.cPacket Pg. 1409Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.cPacket Pg. 1410Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples 9.A.4.c Packet Pg. 1411 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1412 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1413 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1414 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1415 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1416 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1417 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1418 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1419 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1420 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1421 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1422 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1423 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1424 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1425 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1426 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1427 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1428 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1429 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 12/8/2022 9.A.4.c Packet Pg. 1430 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1431 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Addressing Checklist (Rev 9/2022)Page 1 of 1 Operations & Regulatory Management Division Ɣ1RUWK+RUVHVKRH'ULYHƔ1DSOHV)/Ɣ-- www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items ŵĂƌŬĞĚǁŝƚŚ;ΎͿare 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: -ΎLOCATION 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 ΎFOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary] ΎLEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. ΎPETITION TYPE (choose from the drop-down list below). A unique checklist must be created for each application. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 00447840001, 00447120006, 00447160008, 00447200007, 00447280001 and 00447480005 S33/T50/R26 N.A. GMPA (Growth Management Plan Amendment Adoption) The Home Depot - SE Naples Commercial Subdistrict 9.A.4.c Packet Pg. 1432 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 10/17/22, 3:42 PMPrint Maphttps://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=420901.159614474&minY=631388.678455134&maxX=423299.848852903&maxY=633187.69…1/1 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are providedfor the data herein, its use, or its interpretation.SUBJECT PROPERTIES9.A.4.cPacket Pg. 1433Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples The Home Depot – SE Naples Commercial Subdistrict (PL20220000946) October 11, 2022 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com Exhibit V.G6 Preapplication Meeting Notes 9.A.4.c Packet Pg. 1434 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1435 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1436 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1437 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1438 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1439 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1440 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.c Packet Pg. 1441 Attachment: Attachment B - Applicant's CCPC Backup (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.dPacket Pg. 1442Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) Q. Grady Minor & Associates, P.A.Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict; and PL20220000543 – The Home Depot – SE Naples CPUD Rezone 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., representing Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. (Applicant) will be held March 13, 2023, 5:30 pm in the South Regional Library Meeting Room, 8065 Lely Cultural Parkway, Naples, FL 34113. Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. has submitted formal applications to Collier County, seeking approval of a Small Scale Growth Management Plan Amendment (GMPA) establishing the Home Depot -SE Naples Commercial Subdistrict and Commercial Planned Unit Development (CPUD) rezone to allow development of a maximum of 140,000 square feet of commercial uses consistent with the existing C-3, Commercial Intermediate District and a home improvement store use. The subject property is comprised of 13.77± acres and is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road. in Section 33, Township 50 South, Range 26 East, Collier County, Florida. 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. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. PROJECT INFORMATION GRADYMINOR.COM/PLANNING 9.A.4.d Packet Pg. 1443 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEADAM JR, GLORIA A & FREDERICK 108 HAWTHORNE CTWYOMISSING, PA 19610---0 HITCHING POST MOBILE HOME COOP LOT #27650865005504 UADAMSKI, DAVID E DONALD J ADAMSKI 14700 S M43 HWYHICKORY CORNERS, MI 49060---0 HITCHING POST MOBILE HOME COOP LOT #19050865003784 UADEE, JOHN P & LORI A CAROLYN S & DAN J TIMM 4192 LEHIGHTON DOWNS DR ROCKFORD, IL 61101---0 HITCHING POST MOBILE HOME COOP LOT #35950865007162 UAJAX, PATRICIA A 10 SPANISH TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #26050865005180 UAKERS SURVIVORS TRUST 30 LUCAS DRPALOS HILLS, IL 60465---0 HITCHING POST MOBILE HOME COOP LOT #16850865003344 UALLEN, PAUL E & SARAH P 1 NATCHEZ TRLNAPLES, FL 34113---7969 HITCHING POST MOBILE HOME COOP LOT #28750865005724 UALMEIDA, ANTONIO & MARIA 14 1/2 WHITSBOROUGH STTAUNTON, MA 02780---0 HITCHING POST MOBILE HOME COOP LOT #22350865004440 UANDERSON, NORMAN E & BEVERLY J PAUL E=& HEATHER L ANDERSON 11215 OAKLEIGH DRMIDDLEVILLE, MI 49333---0 HITCHING POST MOBILE HOME COOP LOT #14650865002905 UANDREWS, PIERRE CHRISTINE M ROBBINS 13 BUTTERFIELD TRL NAPLES, FL 34113---7901 HITCHING POST MOBILE HOME COOP LOT #23950865004767 UANSTETT, SUSAN GLORIA 4 OREGON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #7250865001427 UARMSTRONG, MILDA FAYE GLENN TIMOTHY ARMSTRONG 611 TWELVE OAKS DRIVE MT WASHINGTON, KY 40047---0 HITCHING POST MOBILE HOME COOP LOT #17550865003483 UARMSTRONG, MOLLY TIMOTHY CHANCELLOR 38 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #20550865004084 UASSOCIATED REAL ESTATE SW INC 7995 MAHOGANY RUN LNNAPLES, FL 34113---1625 LELY RESORT PHASE SIX TRACT "A" (D.E)55440000259 UBACE JR, CHARLES WILLIAM 11 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #22450865004466 UBADER, RONALD G CARMELITA C BADER 1380 W WISCONSIN AVE #320 OCONOMOWOC, WI 53066---0 HITCHING POST MOBILE HOME COOP LOT #26150865005203 UBALLMAN JR, WILLIAM JAMES ROSALIE MARIE BALLMAN 27 CHEYENNE TRLNAPLES, FL 34113---7943 HITCHING POST MOBILE HOME COOP LOT #12250865002426 UBAREFOOT 11700 LLC PO BOX 5319BUFFALO GROVES, IL 60089---0 33 50 26 COMM AT THE W1/4 CNR OF SEC 33, PROCEED NLY ALG SEC LINE N 02DEG 49'48"E 884.91FT TO A PT ON THE S R/W LINE OF 00447760107 UBARRY, WALLACE J & LAURI A 7 OREGON TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #6950865001362 UBELCHER, LARRY M & SANDY L JEFFREY MICHAEL BELCHER NANCY ELIZABETH TUTTLE 107 STONEWALL DR SAVANNAH, GA 31419---3272 HITCHING POST MOBILE HOME COOP LOT #18550865003687 UBERGER, GLENN R & ROSEMARY A N 7386 ALBANYMONDOVI, WI 54755---0 HITCHING POST MOBILE HOME COOP LOT #29150865005805 UBLUE MARBLE REALTY TRUST 23 CHEROKEE TRNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #35650865007104 UBOGGS, LESLIE A 1394 RIDGECREST CTFAIRBORN, OH 45324---5912 HITCHING POST MOBILE HOME COOP LOT #24550865004880 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MOBILE HOME COOP LOT #7650865001508 UCOLLIER CNTY BOARD OF COUNTY COMMISSIONERS WATER SEWER 3301 TAMIAMI TRL E NAPLES, FL 34112---4961 33 50 26 W1/2 LYING N OF US 41, LESS PARK SITE DESC IN OR 2119 PG 1920 00447080007 UCOLLIER CNTY C/O REAL PROPERTY MANAGEMENT 3335 TAMIAMI TR E, STE 101 NAPLES, FL 34112---0 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, S2 DEG W 1473.24 FT, SELY ALG NLY RW LI US 41 176.27 FT, S 54 DEG E 00447880401 UCOLLIER CNTY TRANSPORTATION RIGHT-OF-WAY 2885 HORSESHOE DRIVE S NAPLES, FL 34104---4961 HABITAT VILLAGE TRACT R48600000129 UCOLLISS, ROY & SHIRLEY THOMAS K=& KAREN COLLISS 12 APACHE TRLNAPLES, FL 34113---7965 HITCHING POST MOBILE HOME COOP LOT #30350865006040 UCOLLISS, THOMAS KIMBERLY KAREN JEAN COLLISS 31 NAVAJO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #15150865003001 UCOLVIN, HELEN DIANE 807 N CENTRAL AVECAMPBELLSVILLE, KY 42718---0 HITCHING POST MOBILE HOME COOP LOT #10450865002060 UCOOK, CLINTON E PATSY M COOK 69487 BANNOCK 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UEAST, BRIAN C & MELISSA A 483 EVERGREEN DRTALLMADGE, OH 44278---1356 HITCHING POST MOBILE HOME COOP LOT #36350865007243 UEASTRIDGE, RONNIE DARLENE EASTRIDGE 28 CHEYENNE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #16950865003360 UEDWARD &CHRISTINE ELGART TRUST % DAVID HINCH 2110 PEAR TREE LNOAKLAND TWP, MI 48363---0 HITCHING POST MOBILE HOME COOP LOT #30450865006066 UEDWIN LEE PERSHING REV TRUST 1207 MARTINIQUE CTMARCO ISLAND, FL 34145---2321 HITCHING POST MOBILE HOME COOP LOT #25450865005067 UELMSTROM, BEVERLY 39 NAVAJO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #15550865003085 UEMELANDER, SYDNEY B JANICE F EMELANDER 12 ARAPAHO TRL LOT 315 NAPLES, FL 34113---7977 HITCHING POST MOBILE HOME COOP LOT #31550865006286 UESKRIDGE, RICHARD O 19 PECOS TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #33050865006587 UESKRIDGE, SANDRA 21 CHEROKEE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #35550865007081 UEVANS, KIM & ALECHIA 19 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HITCHING POST MOBILE HOME COOP LOT #28250865005627 UFOOTE, TIM & CINDY 12 NATCHEZ TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #28150865005601 UFORD MURPHY, DOLORES JEAN JEFFERY ALLEN MCELROY 1 ABILENE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #18750865003726 UFORD-MURPHY, DOLORES 32 ABILENE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #20350865004042 UFROMAN, CHRISTOPHER C DEANNA C FROMAN 3837 MAHOGANY BEND DRIVE NAPLES, FL 34114---0 HITCHING POST MOBILE HOME COOP LOT #26450865005261 UNotice: This data belongs to the Collier County Property Appraiser's Office (CCPA). Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20220000543 and PL20220000946 | Buffer: 500' | Date: 1/11/2023 | Site Location: 447480005 See others on formCopy of POList_500.xls9.A.4.dPacket Pg. 1444Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 2FRYE, JOHN JEANNIE FRYE 4 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #18950865003768 UGAUTHIER, MARIE F RICHARD GAUTHIER 39 CHEROKEE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #24350865004848 UGAUVIN, JOCELYNE 12 ABILENE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #19350865003849 UGERALDINE CRISCILLO TRUST 1 CIMMARON TRLNAPLES, FL 34113---7986 HITCHING POST MOBILE HOME COOP LOT #3450865000664 UGIANNOLA, JEFFREY A TERESA A ONDRUS 4118 STARR AVEOREGON, OH 43616---0 HITCHING POST MOBILE HOME COOP LOT #5650865001100 UGRANDAL, MERCEDES L CESAR A HERNANDEZ-CRUZ 28 CHISHOLM TRLNAPLES, FL 34113---7973 HITCHING POST MOBILE HOME COOP LOT #1450865000266 UGREINER, CYNTHIA S 3851 AVENIDA DEL VERAN FORT MYERS, FL 33917---0 HITCHING POST MOBILE HOME COOP LOT #29850865005944 UGUERRA, NICHOLAS 1623 3RD AVE #6HNEW YORK, NY 10128---0 HITCHING POST MOBILE HOME COOP LOT #5250865001029 UGUNNINK, MELVIN E & ROBIN R N5173 METOVALE RDBRANDON, WI 53919---0 HITCHING POST MOBILE HOME COOP LOT #26650865005300 UGUY, PAULA L 12 OSAGE TRLNAPLES, FL 34113---7971 HITCHING POST MOBILE HOME COOP LOT #11050865002183 UGUZMAN, JUAN & LUCIA 2154 50TH TERRACE SWNAPLES, FL 34116---0 HITCHING POST MOBILE HOME COOP LOT #2850865000541 UHABITAT FOR HUMANITY OF COLLIER COUNTY INC 11145 TAMIAMI TRL E NAPLES, FL 34113---7753 HABITAT VILLAGE BLK A LOT 148600000161 UHAGGAR, JORDAN M & KATHLEEN L 6615 LAKE SHORE DR #812RICHFIELD, MN 55423---0 HITCHING POST MOBILE HOME COOP LOT #2950865000567 UHAMMON, RODNEY & CARRIE 611 AIRPORT ROADPAULDING, OH 45879---0 HITCHING POST MOBILE HOME COOP LOT #32850865006545 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JAMES RDMONTGOMERY, PA 17752---0 HITCHING POST MOBILE HOME COOP LOT #30050865005986 USTERLING, FREDRIC 10 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #31650865006309 USTETLER, JOHN 11 MULESHOE TRLNAPLES, FL 34113---7947 HITCHING POST MOBILE HOME COOP LOT #25350865005041 USTEWART, BILLY E DIXIE L STEWART SHERRY L BELL 9 CHEROKEE TRL NAPLES, FL 34113---7926 HITCHING POST MOBILE HOME COOP LOT #34950865006969 USTUA, MICHAEL J & CYNTHIA J 19 CHEYENNE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #12650865002507 USUTPHIN, EDWARD B NANCY A SUTPHIN 15 NAVAJO TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #14350865002840 USWAN, ANN M MAX O SWAN 825 N HINTZ RDOWOSSO, MI 48867---0 HITCHING POST MOBILE HOME COOP LOT #36750865007324 USWAN, MAX O RUTH A SWAN ANN M SWAN 825 N HINTZ RD OWOSSO, MI 48867---8406 HITCHING POST MOBILE HOME COOP LOT #36050865007188 USWARENS, DAVID L & MARY JO 1105 EBENEZER CHURCH RDMEMPHIS, IN 47143---0 HITCHING POST MOBILE HOME COOP LOT #4250865000826 UTALLACKSON, TERRY L BONNIE J HINIKER 1286 SHADYWOOD SHORES DR NW PINE RIVER, MN 56474---0 HITCHING POST MOBILE HOME COOP LOT #16450865003263 UTAMIAMI HABITAT LLC 4980 TAMIAMI TR N #201NAPLES, FL 34103---0 33 50 26 COMM SE CNR OF SEC 33, N 89 DEG W 218.47FT TO SWLY R/W US 41, N 54 DEG W 466.95FT, N 54 DEG W 00447360002 UTAN, YIP H 20 OSAGE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #11450865002264 UTATE, MICHAEL J NICOLE N TATE 16228 WINDWOOD BEACH DR LINDEN, MI 48451---0 HITCHING POST MOBILE HOME COOP LOT #26550865005287 UTATTOLI, PAULA LINDA L SILVA DIANE M LOESNER TIMOTHY A FLETCHER 1 CHEYENNE TRL NAPLES, FL 34113---7943 HITCHING POST MOBILE HOME COOP LOT #13550865002688 UTAYLOR, DONALD M JEANNE A TAYLOR 13324 EASTGATE VILLAGE DR LOUISVILLE, KY 40223---4786 HITCHING POST MOBILE HOME COOP LOT #28650865005708 UTHOMPSON FAMILY R/L TRUST 33 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #17150865003409 UTIMBURY, PATRICIA S 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VILLAGE TRACT B48600000022 UVICTORIA FALLS HOMEOWNERS ASSOCIATION INC % SENTRY MANAGEMENT INC 2180 W STATE RD 434 STE 5000 LONGWOOD, FL 32779---0 HABITAT VILLAGE TRACT C48600000048 UVICTORIA FALLS HOMEOWNERS ASSOCIATION INC % SENTRY MANAGEMENT INC 2180 W STATE RD 434 STE 5000 LONGWOOD, FL 32779---0 HABITAT VILLAGE TRACT D-348600000103 UVOULIGNY, GEORGE HUGUETTE LEMOINE 111 BAREFOOT WMS RD NAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #21450865004262 UWAGLE, JOHN F & BARBARA M 11 NATCHEZ TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #29250865005821 UWAGNER, MELANIE A & EDWIN J 24 NAVAJO TRLNAPLES, FL 34113---7939 HITCHING POST MOBILE HOME COOP LOT #3950865000761 UWARD, DIANE 11 OREGON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #6750865001320 UWELSH, SONJA DAWN WALDROFF 29 OREGON TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #1850865000347 UWELSH, SONJA NOELLE BUELL 25 OREGON TRNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #35850865007146 UWILLIAM C & JOAN R TRUHLSEN JOINT TRUST 28 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #20150865004000 UWILLIAM J REID JR F/I TRUST NANCY M REID FAM IRREV TRUST 26 GREENFIELD TERRACE SCITUATE, MA 02066---0 HITCHING POST MOBILE HOME COOP LOT #17650865003506 UWILLIAMS, ARCHIE C GOLDIE LYNN WILLIAMS 17 OREGON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #6450865001265 UWILLIAMSON, JEFFREY & DIANE 4840 ECHO SPRINGS ST NWNORTH CANTON, OH 44720---0 HITCHING POST MOBILE HOME COOP LOT #28450865005669 UWILLICK, GARY & SALLY 2135 GODFREY AVE SWWYOMING, WI 49509---0 HITCHING POST MOBILE HOME COOP LOT #27250865005423 UWILM, PAUL 201 SPRINGBROOK CTMCHENRY, IL 60050---0 HITCHING POST MOBILE HOME COOP LOT #13450865002662 UWISE III, JOSEPH B & DEBRA A 9143 CRANESBILL TRACEPROSPECT, KY 40059---0 HITCHING POST MOBILE HOME COOP LOT #10650865002109 UWISEMAN, VICKI LYNN 11630 W 62ND PL #102ARVADA, CO 80004---0 HITCHING POST MOBILE HOME COOP LOT #24750865004929 UWOLFENSON, LOUIS B ELLEN WOLFENSON 39 CIMMARON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #10150865002002 UWOLZ, PAUL J JUDITH L WOLZ 6706 COPPERFIELD RD LOUISVILLE, KY 40207---0 HITCHING POST MOBILE HOME COOP LOT #6650865001304 UWOODLEY, FRANKLIN DONNA WOODLEY 2 CHEYENNE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #15650865003108 UWOODWORTH, RICHARD L KATHRYN J WOODWORTH 7873 S SUGAR ISLAND RD CHEBANSE, IL 60922---0 HITCHING POST MOBILE HOME COOP LOT #11150865002206 UWOOTEN, HENRY S & KAROLYN K 5 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #22150865004408 UYBARRA, JANE & JOHN 2912 OVERLOOK DRFORT WAYNE, IN 46808---0 HITCHING POST MOBILE HOME COOP LOT #36550865007285 UYENTES, VIVIAN REBECCA GOLEMBISKI 22 OSAGE TRLNAPLES, FL 34113---7971 HITCHING POST MOBILE HOME COOP LOT #11550865002280 UZAVALA, MANUEL & CARMEN 12028 SITTERLEY STNAPLES, FL 34113---7920 HABITAT VILLAGE BLK A LOT 248600000187 UZICK, VERL DALE & SANDRA M KEVIN ANDREW ZICK 711 GLENWOOD DRELK RAPIDS, MI 49629---0 HITCHING POST MOBILE HOME COOP LOT #23450865004660 UBROWN EST, EDWARD H % GEORGES DESROSIERS 210-4540 PROMENADE PATON LAVAL H7W 4W6 CANADA HITCHING POST MOBILE HOME COOP LOT #32150865006406 FDESBIENS, JEAN-YVES JOHANNE BOURGET 4540 CH ST ANDREJONQUIERE G7X 7V4 CANADA HITCHING POST MOBILE HOME COOP LOT #2050865000389 FDICE, JOHN N LISE SAUVE 6227 164 E AVEBAINSVILLE K0C 1E0 CANADA HITCHING POST MOBILE HOME COOP LOT #30550865006082 FDROLET, RICHARD VERONIQUE COMEAU 1202 RUE BEAUSEJOUR QUEBEC G3G 2 CANADA HITCHING POST MOBILE HOME COOP LOT #16050865003182 FJACKSON, KIRK CAROLE LAFORTE 58 BERGEY STCAMBRIDGE N3C 1P6 CANADA HITCHING POST MOBILE HOME COOP LOT #3850865000745 FJUNG ET AL, MICHEL 16625 RUE DE LA MOUSSONMARIBEL J7J 2P1 CANADA HITCHING POST MOBILE HOME COOP LOT #9550865001883 FKASABOSKI, DAN BETTY KASABOSKI 1808 KINGSDALE AVE OTTAWA KIT 148 CANADA HITCHING POST MOBILE HOME COOP LOT #6150865001207 FMACKENZIE, STUART & SAUNDRA 554 TOWER RDHALIFAX B3H 2X5 CANADA HITCHING POST MOBILE HOME COOP LOT #28350865005643 FCopy of POList_500.xls9.A.4.dPacket Pg. 1447Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 5MORIN, HELENE ANDREWS DIANE ANDREWS BOUCHARD 1266 RUE DU VISONL'ANCIENNE-LORET 62E 1V9 CANADA HITCHING POST MOBILE HOME COOP LOT #7750865001524 FMURCH, KEITH D CATHERINE A MURCH 799 RIVERSIDE DRCAMBRIDGE N3H 2V1 CANADA HITCHING POST MOBILE HOME COOP LOT #23550865004686 FPETTERSON, LORNE & LISA 16 NEWTON CRES PO BOX 835DEEP RIVER K0J 1P0 CANADA HITCHING POST MOBILE HOME COOP LOT #2250865000428 FPICHE, JACQUES LYNE MORIN MARCEL=& MARIE JEANNE PICHE 160 TUBMAN RD CAMPBELL'S BAY J0X 1K0 CANADA HITCHING POST MOBILE HOME COOP LOT #17250865003425 FPIUZE, MICHELE 2818 BOUL LAURIERQUEBEC G1V 0E2 CANADA HITCHING POST MOBILE HOME COOP LOT #16750865003328 FRICHARD, LYNE SYLVAIN BRUNEAU 281 ST-LUC # 1QUEBEC G1N 2S4 CANADA HITCHING POST MOBILE HOME COOP LOT #29650865005902 FROBERGE, DIANE 305 415 RUE DC LATMOSHEREGATINEAU J9J 0W8 CANADA HITCHING POST MOBILE HOME COOP LOT #2150865000402 FSANDERS, GARY & SANDRA MELISSA SANDERS MARK SANDERS 152 DES BOULEAUX LES COTEAUX J7X 1A2 CANADA HITCHING POST MOBILE HOME COOP LOT #7050865001388 FTODHUNTER ET AL, CHARLES C 2003 OVERBROOK CRSSUDBURY P3A 5J5 CANADA HITCHING POST MOBILE HOME COOP LOT #11950865002361 FTREMBLAY ET AL, THERESE 374 DES BOULEAUXMONTREAL H1B 5L2 CANADA HITCHING POST MOBILE HOME COOP LOT #32350865006448 FTREMBLAY, MAURICE GAETANE GAGNE 1295 GUERARDALMA G8B 6K7 CANADA HITCHING POST MOBILE HOME COOP LOT #27550865005481 FWARNE, DOROTHY M MARJORIE L TUNNEY 110 PARK RD N #107OSHAWA LIJ 4L3 CANADA HITCHING POST MOBILE HOME COOP LOT #15050865002989 FWINDIBANK, CORY SHARON WINDIBANK 12338 ARBOUR STREET TECVITISEH N8N 1P2 CANADA HITCHING POST MOBILE HOME COOP LOT #18350865003645 FHITCHING POST MOBILE HOM E PARK (COOP)HITCHING POST MOBILE HOME PARK (COOP)hrd_parcel_id: 50864999996 446880004Copy of POList_500.xls9.A.4.dPacket Pg. 1448Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PA R T O FT H E U SA T0 l)AY N ETW O RK P u b lis h e d D a ily N a p le s , F L 3 4 1 1 0 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. 2/17/2023 "' Subscribed and sworn to before on February 17th, 2023 PUBLICATION COST: $1,008.00 AD NO: GCl1019335 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 3X10 NANCY HEYRMAN Notary Public State of Wisconsin ----~-..._ , _, 9.A.4.d Packet Pg. 1449 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) NOTICE O F NEIGHBORHOO D INFORM ATIO N M EETING PETITIONS: PL20220000946 - The Home Depot - SE Naples Commercial Subdistrict; and PL20220000543 - The Home Depot - SE Naples CPUD Rezone 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., representing Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. (Applicant) will be held March 13, 2023, 5:30 pm in the South Regional Library Meeting Room, 8065 Lely Cultural Parkway, Naples, FL 34113. Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. has submitted formal applications to Collier County, seeking approval of a Small Scale Growth Management Plan Amendment (GMPA) establishing the Home Depot - SE Naples Commercial Subdistrict and Commercial Planned Unit Development (CPUD) rezone to allow development of a maximum of 140,000 square feet of commercial uses consistent with the existing C-3, Commercial Intermediate District and a home improvement store use. The subject property is comprised of 13. 77 ± acres and is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road. in Section 33, Township 50 South, Range 26 East, Collier County, Florida. 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 Neighborhood Information Meeting is for informational purposes, it is not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. 9.A.4.d Packet Pg. 1450 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 1 of 13 Wayne Arnold: Hello, I'm with Grady Minor and Associates. We're here representing Home Depot on a new proposed project out on Tammy New Trail East. I'm going to make a few introductions. This is Sharon Umpenhour with our firm. She's going to be doing the audio and visual work and recording the meeting. The county requires that we record these meetings, so going to ask that we speak one at a time. We have a microphone here for people to ask questions so that the transcript can be clear. And then our planning commission members and staff and the board of county commissioners all review those, so we want the record to be clear. I'm going to make some other introductions. We have Trey Conway, Hamilton Williams, they're with a firm that's helping Home Depot. We have Norm Trebilcock, who's our transportation engineer in the project. We have Bethany Broaches, she's the biologist on the job, and Rich Yovanovich is our land use council. We have two representatives from Collier County Government here. We have Laura DeJohn, she's with the zoning staff, and Rachel Hansen, who's with the Long Range Planning Group. Because we're here, we have two applications pending with the county. We have a small-scale comprehensive plan amendment. So, we're amending the future land use map for the county in order to establish a new subdistrict that would allow for the Home Depot and other commercial uses. Then, we also have a companion zoning application that's called a planning and development rezoning that's circulating, and that really establishes the specific use. I'm going to go through a short presentation and then we'll have a question and answer period after that. Hopefully, we can answer some of your questions and if we don't have an answer for you tonight, we'll have some contact information that we can share with you and then we'll be able to get information back with you. The subject property is about 13.7 acres. It's located north of Habitat Drive and just south of Barefoot Williams on US 41. The Eagle Lakes Park is immediately across the street and then, of course, the RV park is immediately to our Southwest. I'm sure many of you, just show of hands, are any of you residents nearby the proposed project? So yeah, I guess the majority of you are. Anyway, you're familiar with that piece of property. It's partially developed right now with the former Wave Radio Station, and the rest of the site is vacant. So, Bethany and her folks have been doing an environmental assessment and we've sent that information to Collier County. We've received one set of review comments from Collier County staff, and we're in the process of making adjustments to our site plan and some of the application materials to address staff's comments. Right now, the property is zoned C3 commercial. C3 allows a lot of retail type commercial, but it does not allow a store like a Home Depot. What we've asked for in our zoning document is all the same C1, two and three uses that are permitted today with the addition of the home improvement store. Then, we 9.A.4.d Packet Pg. 1451 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 2 of 13 listed this, the SIC codes for those. The small-scale plan amendment that I referenced, it establishes that we can have this new commercial subdistrict that allows us to add the home improvement store use as another permitted use in addition to the C3. The land use language is pretty, minimal. It establishes the location and then it establishes what we can do. It says basically what we have today, which is C3 commercial. We've added the reference to home improvement stores and related uses that would also be permitted on the site. We've established a maximum square footage for the property of 140,000 square feet. This is a conceptual plan that we've submitted for zoning. The project access is primarily on US 41 at two locations. There's a small interconnection with the driveway that services the Racetrack Gas Station and the vacant out parcel that they have in this location. But just to briefly walk you through the site plan, and I've got a color version that that would be a little bit easier, but I'm going to read from this because it's easier for me to see. So, the access points are on US 41. What we've outlined in white is the store as well as the garden center, and I'm sure most of you are familiar with Home Depot and what those look like. The garden center is on the south side of the property, the main body of the store is located in this location. And then we have areas for seasonal sales. I'm sure you're familiar with seasonal sales that occur at these home improvement stores where they have garden sales outside and Christmas tree sales during the season, et cetera. We also have provisions for some of the material storage in this location on the north side of the site. This facility will have trailer display and some light equipment rental. They'll have truck rental as well, so we've defined that for the county because it wasn't clear what size truck. Those would be vehicles that would be available to any of us that hold a normal driver's license. It wouldn't be for a truck that requires a special driver's license to operate. Well, let's see. So, on the south side of the property because it is vegetated, we're required to have a preservation area. Then, of course other key features are water management areas that we'll have on site because every site has to retain its water and we do water quality treatment before it discharges. I believe, somebody can correct me if I'm wrong, but I believe we're discharging to the swale and US 41 right of way. That's generally what the site plan looks like. I'm going to take you through a series of other photos. This is a color version of it that shows you some of the landscape buffer treatment that we have along the rear property line site. I apologize, North is kind of sort of at the angle, but this is the easiest way to present the information. Then we have obviously our landscape islands, main access to the sites here. They've featured a nice green wall. This is kind of a new 9.A.4.d Packet Pg. 1452 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 3 of 13 design for Home Depot. You'll see that we're dealing with the county on a series of issues, and we may be dealing with a few deviations with regard to architecture and some landscape buffer treatments. The engineers for Home Depot are looking at those issues closely, so our application has had one round of a review. We've got a few more months to go in dealing with the county staff, so we need more sit down time with them to determine if other deviations are necessary for the application. We've established development standards for the project. Typically, folks want to know setbacks, so we've established a building setback of 25 feet for the principal building from all sides of the property. And people always ask about height, so right now in the C3 you're allowed 50 feet of height. That's considered a zone height, which in Collier County, the zone height is measured from your required flood elevation to the midpoint of your roof or the flat side of your roof if you're a flat roof. But it doesn't establish what we have to do in a planned unit development, which is set an actual height. We've established an actual height of 60 feet, which is about typical, 10 feet above our zone height, because that's measured from the nearest road elevation to the highest point of anything on your roof. So, we have a 50-foot zone height, 60-foot actual height we proposed, and again a maximum 140,000 square feet. We have some preliminary designs. They've been working with Home Depot to come up with a little fresher concept for the buildings. This is an image sort of looking down from the US 41 side. Here again is that main entrance into the site. So, you drive in and this is going to be posed as a green vegetative wall with some trellis work. That's going to be a little bit different design feature for Home Depot that we haven't seen in our area. It's going to feature a drive-through area on the south side of the building for lumber pickup, et cetera, for the contractors. Obviously, the main entrance is here where the signage would be. Still has some orange banding that's typical of Home Depot, but you can see it's much more muted than some of the other older properties. Here's another angle looking from the south to the north. Again, the garden center is on this location, and it's got a fixed entrance. I don't know why it's not showing a fixed entrance here. As well as its typical covered outdoor areas in this location. A little closer image to some of the architectural. So, you can see it's a little bit fresh and we're trying to insert a little bit more of the glazing glass into components of it. That's the garden center behind obviously. Here's another image showing you from the backside of the property, showing you the proposed landscape buffer with the wall, loading dock, garden center. You can see how we're having a landscape treatment along the property. Then, these are some building elevations that they're working from. These probably won't make it into our formal application, but this just shows you all four sides of the building. At some point, the county will require us to have these more detailed, but this is kind 9.A.4.d Packet Pg. 1453 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 4 of 13 of the working concept, and this is going to be refined as we continue to meet with the county staff and the Home Depot folks. So, that's briefly what our presentation is tonight. This is some next step information. We don't have hearing dates established, but we are required to go to the Collier County planning commission, and we're required to be heard by the board of county commissioners. So, there will be hearing signs that go up on the property when we actually have those hearing dates. If you received a notice for this meeting tonight, you'll receive a notice from the county for each of those two meetings that are county-initiated meetings. One of the things, if you would like to take down our information, I have contact information. Sharon's our primary point of contact for our firm, but you can go to the QR code, you can go to our website, you can take a picture of that for your records. As we upload information to the county's files, we update ours so you can see in real time what the county is reviewing. So, if you have questions as we go along, we're happy to get back with you and try to provide answers to you. That also has the contact information for Laura and Rachel with their phone numbers and email addresses. If you feel more comfortable talking to the county staff than us, then that's their contact info. With that, I'm going to close, and if you all have any questions, I'm happy to try to answer those, or anybody from our team will answer those. All I'm going to ask is that if you don't feel comfortable stating your name, just indicate that you're a property owner or you're a neighbor. The record just needs to pick up that you're not one of us giving the answer or a question, because it's not distinguishable sometimes. So, we try really hard to make sure we know who is speaking. If you'd like to give your name, that's great. But if you don't, just mention your neighbor or a citizen. But we just ask one at a time and please come to the microphone if you don't mind to do that. Yes, sir. Come on forward. David Mann: Can I use your pointer? Thank you. All right, thank you. My name is David Mann. Could we go to the landscape one? Wayne Arnold: Tell me when to stop. David Mann: The flat drawing. Good. That's great. So, 25 feet is roughly from this microphone to the wall. So, your rear setback that you're proposing is 25 feet right here. I believe you're rewriting the zoning to be 60 feet in height, and that's about 30 feet right there. So, it'll be from here to the wall, twice as high as that. I got an issue with that. 9.A.4.d Packet Pg. 1454 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 5 of 13 Wayne Arnold: Well, keep in mind if, I don't mean to interrupt, but right now the property is zoned commercial, and it allows 25 foot building set back and it allows buildings 50 feet in height. David Mann: Right, but you're going for 60. Wayne Arnold: We're asking for 60 for the actual height of the building because right now the zoning only allows the zone height. So, there is no actual height. I could add pertinences above the roof line, steeples, et cetera. This is inclusively anything that can be at that height. David Mann: I gotcha. I'm just pointing out the proportions, so people understand 25 feet is about to the wall, twice as high as that. This is an entrance off 41, so is that. It looks like your front door is right here? Wayne Arnold: That's correct. David Mann: Okay. Most of the big boxes that we see, the properties are more oriented like this, so the aisles of parking are perpendicular to the front door because everybody likes to park at the front door. So, when people come in off of this right-hand decelerating lane and come in here, they're going to want to try to get these parking spaces. Meanwhile, all your customers coming out with their goods, and such are going to try to find their cars as well. I can imagine a stacking of cars out here that is going to be quite hazardous, because this isn't going to be enough room. This is really, really a bottleneck. I guess I'm going to say this a couple times tonight, but I can understand why Home Depot wants to be in this area of Naples. This is the wrong site. This is not the right orientation. This is going to be very congested. People are going to start to learn that there's a traffic light over here, going to cut to through the gas station quite bit to get to this location. This looks like the contractor's area to me, the professional area maybe for Home Depot, so they're going to have to work their way through that. This looks like a loading dock over here for the 18-wheelers during the day. Where are the 18-wheelers going to come in during the day and go to the dock? They're going to use these entrances here? Wayne Arnold: Those are our only two proposed entrances, yes. US 41. David Mann: Well, let's hope they don't use that. Because again, the orientation of this is 90 degrees wrong. 9.A.4.d Packet Pg. 1455 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 6 of 13 Wayne Arnold: Well, I think you can see from the aerial photograph, and you look on US 41, that's what we have on US 41. We have long narrower pieces of property. I don't think there's another parcel left that's approaching 14 acres anywhere on US 41 in the urban area. David Mann: Okay, because this was probably set up for a retail space that's long and linear, parallel to 41. Now, didn't you not too long ago look at a site that was closer to Truviso Bay's rear entrance I'm going to call it? And now there's a multi-family being built there? Wasn't that more of a squarish piece of property? Wayne Arnold: I'm not aware of that being reviewed. David Mann: This is at least the second time Home Depot has been looking in the area. Wayne Arnold: Okay. David Mann: I guess I want to go back to the landscaping plan again, please. That's all I really have. Wayne Arnold: Okay. David Mann: Other than the site should be like this. Wayne Arnold: Thank you. Anybody else have a question, comment? Yes, ma'am. Come on up. We need you to be on the microphone. If you can't make it up here, we'll be happy to bring it to you. Arthur Paone: My name's Arthur Paone Santiago Circle. My question has to do with the property on Habitat. The original submittal by Home Depot had that as part of the project. Wayne Arnold: Yes, they had a pre-application meeting with Collier County, and they originally had part of that property that abutted Habitat in this location under contract. The contract didn't go forward so they don't have that parcel as part of our application. Arthur Paone: Okay. The original application did have that as part of the project, right? Wayne Arnold: That was only for our pre-application meeting with the staff. Our submittal, our formal documents to the county, never included that parcel. Arthur Paone: But the original language talked about secondary access by Habitat Drive, right? 9.A.4.d Packet Pg. 1456 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 7 of 13 Wayne Arnold: That was discussed at the pre-application meeting with staff. They do not have the property adjacent to Habitat under contract. In fact, Home Depot's purchased the property that you're looking at tonight. Arthur Paone: Somebody else afterwards purchased that property, right? Wayne Arnold: I'm not sure what the status is of that. Arthur Paone: Well, I know about in April somebody paid two or three million dollars for it, and that was originally the out parcel that Home Depot planned. Now, does Home Depot have any agreement or understanding with the owner of that property directly or indirectly? Wayne Arnold: Not that I'm aware of. Arthur Paone: Okay. With respect to access to Habitat Road? Rich Yovanovich: Wait, go back and show master plan, because that's where the preserve is. Wayne Arnold: Yeah. I'm sorry, wrong direction. As Rich just pointed out, if you look at our master plan, this is all preserved area. So, we don't have any connection to Habitat. Let me show you a different image. Go back, I guess, to the master back plan. So, Habitat you can see is located here, Habitat Road. This is the unknown parcel. All of our preserve is on the south side of our property. Arthur Paone: And when that arrow it says 10 foot wide whatever. Wayne Arnold: That's a landscape buffer. It's [inaudible 00:17:52]. Arthur Paone: That's landscape? Wayne Arnold: That's correct. Arthur Paone: Okay. Wayne Arnold: It's not an access point. Arthur Paone: Right. Thank you. Wayne Arnold: You're welcome. Ma'am, would you like us to bring the microphone to you or are you able to come forward? Gail Alio: No, it's okay. 9.A.4.d Packet Pg. 1457 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 8 of 13 Wayne Arnold: Okay, thank you. Gail Alio: The first thing I want to do, my name is Gail Emily, I'm a neighbor. Wayne Arnold: Okay. Gail Alio: I agree with this gentleman as far as the entrances go, because it's going to be a real bottleneck when people come in because he's exactly right. When people come in, they're going to want to park in front and they're going to keep going back and forth until they find something in front. They're not going to know to go in the back. It's going to create a problem. I'm just letting you know because anybody who's lived here for any amount of time knows how people come in to the big box stores. Wayne Arnold: Sure, I understand that. One of the other things that's been going on, and maybe you all have been following it, but there's an East US 41 study that's been occurring. They're promoting bringing buildings closer and not having a sea of parking on the US 41 corridor. They're proposing that new development occur in this fashion where we don't have large sea of parking on US 41. That the parking's tucked on the sides like we've shown it here. So, I think we're more consistent with the way that master plan is trying to treat future development on our corridor. I can let Rachel or Laura chime in if you want to hear from them. It's not an adoptive plan yet, but the county has transmitted some amendments to the state on that. Gail Alio: But if you have the construction workers coming in on one side, that really blocks that off. I've seen that in some of the other home improvement stores as well. So, you're not likely to go on that side. That only leaves one other side. I'm just letting you know I agree with him, that's why. Wayne Arnold: That's fine. Gail Alio: My second question is just out of curiosity, which is the reason why I came, is why does Home Depot feel that they need to build right here where Lowe's is literally down the block? I just had that curiosity. Wayne Arnold: Yeah. Well, I can let maybe Hamilton address that, but they did a full market analysis for Home Depot. And they have been, as this gentleman said, they have been looking for another site. There are two Home Depots in Collier County. They believe that given the construction and remodel market in our community, they can sustain three of those. They know that that Lowe's is down the street, and this isn't a model that's, I guess, different. I mean, you go to a lot of other communities and you find that these same big box stores want to be near each other because they do feed off similar populations. But it's a choice. You may like to go to Lowe's, 9.A.4.d Packet Pg. 1458 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 9 of 13 I may like to go to Home Depot. So, it offers another choice in the area for this use. Rich Yovanovich: And it's no different than what's on Davis Boulevard. Wayne Arnold: Hey, Rich, do you want to come forward just so you're on the record? Rich Yovanovich: Oh, sorry. I broke my own rule. Sorry. [inaudible 00:20:50]. Wayne Arnold: Right. I don't want you to get in trouble. Rich Yovanovich: For the record, Rich Yovanovich, I'm the attorney on the project. Off of Pine Ridge Road, you have Home Depot, and you have the Loop Road, which is Naples Boulevard and you have Lowe's. So, it's not unusual for these home improvement stores to be located near each other. Gail Alio: Okay. Rich Yovanovich: It just happens that this is the right location to serve their market demographic for this southern portion of Naples. Gail Alio: I understand what you're saying about Pineridge Road, but that area up there is so well developed and so in need, I definitely see that. Down here, I went to some of these project meetings. We can't even get a Costco here. We can't even get a Target here. We can't get those kinds of stores. So, that's why I came here and said, wow, we're getting two of these, why can't we... But if you're saying the need is here... Rich Yovanovich: It's here. The need is here. They've done the rooftop calculation. What's coming, as you know, there's so many projects that have been approved. Gail Alio: Unbelievable. Rich Yovanovich: Yeah, yeah. So, there's enough now and there will be many more in the future. And hopefully you'll get your Costco. Gail Alio: Thank you. Rich Yovanovich: Sure. Wayne Arnold: Thank you. Anybody else? Yes, sir. Ron Hansen: I'm Ron Hansen and I spell Hansen the same way Rachel does. 9.A.4.d Packet Pg. 1459 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 10 of 13 Wayne Arnold: Okay. No relation, I assume. Ron Hansen: I'm the owner on Habitat. Wayne Arnold: Okay. Ron Hansen: Okay? What are you doing with the decel lanes? Are you creating decel lanes on here? Wayne Arnold: Yes, we are required to create deceleration lanes on US 41. Ron Hansen: Are you touching the existing decel lanes? Wayne Arnold: That I don't know. Norm, do you know the answer to that? I don't know. I don't know if we can pick that up in the areal photograph or not. Norman Trebilcock: Thank you. Norman Trebilcock. We're going to- Ron Hansen: [inaudible 00:22:55]. Norman Trebilcock: Yeah, yeah, yeah. Ron Hansen: Perfect. Norman Trebilcock: So, what we did is in the preliminary study we look at the accesses. And so, each of the accesses would need to be designed with deceleration lanes like you said. Then, the existing left turn in would need to be extended a bit based on the speed and the queue. But the details of those designs are really addressed at the time of site and development. But at least we look from a preliminary standpoint that we'd need to do deceleration length into all access points, and extend some, and some may be sufficient right now. Ron Hansen: But you got to extend the existing decel? Norman Trebilcock: Yeah. Yes, sir. [inaudible 00:23:34]. Yeah. Ron Hansen: Thank you. Wayne Arnold: Thanks, Norm. Ron Hansen: Yep. Wayne Arnold: Yes, sir. Come on up. 9.A.4.d Packet Pg. 1460 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 11 of 13 Speaker 9: Hi, how are you? I am the RV manager. Wayne Arnold: Okay, great. Speaker 9: So, I have two questions. Wayne Arnold: Okay, sure. Speaker 9: One is the wall that you talked about. Wayne Arnold: Yes. Speaker 9: Is it actually a wall or a fence? Wayne Arnold: It is a solid wall. I don't know if I know the material that you're proposing, but it's a solid wall. It's not just a chain link fence or something. Speaker 9: And the size of it? Wayne Arnold: I believe it's six feet. The county code, so technically, I don't want to get too in the weeds, but technically the RV park is zoned commercial. Speaker 9: Right. Wayne Arnold: So, we don't really have a wall requirement that per code is required. But I know that Home Depot folks thought that it would be good to have the wall between you and them with some landscaping. The landscape buffer, I believe, is 10 feet required, and we're adding a wall to that as none is required today. Speaker 9: What about flooding? Wayne Arnold: Well, we have to do water management system, so we'll be going through the South Florida Water Management District to obtain permits for our water management system and the outfall. I don't know all the details. You may have a few more details, but I'm sure we'll be adding fill, but we'll be providing swales on site. We're going to collect the water. I don't know exactly where discharge is on the US 41 right of way, but it will be discharging to the east into US 41, not south through that project. Speaker 9: Okay. Okay. All right, thank you. Wayne Arnold: Mm-hmm. Yes, ma'am. Anything else? Yes, sir. David Mann: Two questions, sorry. 9.A.4.d Packet Pg. 1461 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 12 of 13 Wayne Arnold: That's okay. David Mann: Can you flip to the [inaudible 00:25:11] again? Wayne Arnold: Of course. David Mann: David Mann again. Can someone tell me the distance from here to here, roughly? Wayne Arnold: You'll need to be on the microphone if you know that answer. David Mann: From here to here? Hamilton Williams: Hamilton Williams. David Mann: It counts the spaces, I guess, but it will be [inaudible 00:25:32]. Hamilton Williams: Hamilton Williams of Greenberg Farrow. And that distance is up to, the building itself is about 400 feet and then the garden center's about another 180 feet. David Mann: Okay, so 580 is this? Hamilton Williams: Yes, sir. David Mann: Okay, and then we can close there a little bit more. So, this lane right here is, let's say, 600 feet long right here? Hamilton Williams: Correct. David Mann: Two football fields? Hamilton Williams: Correct. David Mann: Okay. It's a single line. Hamilton Williams: Mm-hmm. David Mann: Right? And people are going to be parking in these spaces and parking in these spaces and trying to get out this door. I think that's a serious, serious problem. Now, if people come to this store and are coming from, I'm going to say the right, and they come in this way. They're coming from the left, they can come in this way. Now, when they go to leave, if they're leaving here and they want to go left, they could go through the site here, correct? Past the racetrack to the traffic light over here, and then take a left at the traffic light, right? 9.A.4.d Packet Pg. 1462 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 13 of 13 Hamilton Williams: Technically, I assume. So, there's no access agreement between these properties. David Mann: Oh, really? Oh, they're not connected here. Hamilton Williams: There's an access agreement for that one driveway, but not across the property. Correct. David Mann: Okay, so you're saying that you can connect this pavement to that pavement. Hamilton Williams: Yes. David Mann: But you're not allowed to have the customer drive through the racetrack to go to the traffic light. Hamilton Williams: A customer may drive through. They may shop at the... David Mann: They're going to. They're going to go through. Hamilton Williams: Yes. David Mann: So, if this is 600 feet right here, then this has got to be 800. Again, I think this is a serious, serious traffic problem on the site. I think it's a hazard for the customers coming and going from the front door of the site, and I think you're going to have bottlenecks on both of these deceleration lanes right here. Wayne Arnold: Thank you for the comments. Anybody else? Gail Alio: No, I'm just saying. Wayne Arnold: No? You're good? Okay. Gail Alio: He's right. He's absolutely right. It's going to be Hell. Wayne Arnold: Anything else? So, next steps, if you got a letter for this meeting tonight, you'll get a letter from the county when we have a planning commission hearing date scheduled. Signs will go up on the site as well, so you'll see those. Again, stay in touch with Sharon from our office if you'd like. Again, I'll leave the contact information up there if somebody needed to take that down there. So, thank you all for coming out. Appreciate the comments and have a good evening. 9.A.4.d Packet Pg. 1463 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) PETITIONS:PL20220000946, THE HOME DEPOT –SE NAPLES COMMERCIAL SUBDISTRICT ANDPL20220000543, THE HOME DEPOT –SE NAPLES COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) May 10, 2023, Neighborhood Information Meeting (NIM) Project information and a copy of this presentation can be found on our website: GRADYMINOR.COM/PLANNING/ 9.A.4.d Packet Pg. 1464 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE PROJECT TEAM: •Coleman, Yovanovich & Koester, P.A. –Applicant •Home Depot U.S.A., Inc. –Property Owner •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Hamilton Williams –Greenberg Farrow Architecture Inc. •Norman J. Trebilcock, AICP, PTOE, P.E., Traffic Consultant –Trebilcock Consulting Solutions •Bethany Brosious, Senior Ecologist –Passarella & Associates, Inc. *Please note, all information provided is subject to change until final approval by the governing authority. 2 INTRODUCTION 9.A.4.d Packet Pg. 1465 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 3 LOCATION MAP 9.A.4.d Packet Pg. 1466 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Existing Future Land Use (FLU): Urban Designation,Mixed Use District,Urban Residential Fringe Subdistrict Proposed Future Land Use (FLU): Urban Designation,Mixed Use District,The Home Depot –SE Naples Commercial Subdistrict Current Zoning:C-3 Proposed Zoning:The Home Depot –SE Naples CPUD Proposed Request: •Modify the FLUE map to add The Home Depot –SE Naples Commercial Subdistrict •Rezone from the C-3 Zoning District to the Home Depot –SE Naples Commercial PUD •To allow a maximum of 140,000 square feet of Intermediate Commercial,C-3 uses, and home improvement store uses PROJECT INFORMATION 4 9.A.4.d Packet Pg. 1467 5 EXISTING FUTURE LAND USE MAP 9.A.4.d Packet Pg. 1468 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 6 PROPOSED FUTURE LAND USE MAP 9.A.4.d Packet Pg. 1469 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 7 PROPOSED FUTURE LAND USE LANGUAGE 9.A.4.d Packet Pg. 1470 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 8 PROPOSED MASTER PLAN 9.A.4.d Packet Pg. 1471 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 9 CONCEPTUAL SITE PLAN 9.A.4.d Packet Pg. 1472 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 10 PROPOSED USES A maximum of 140,000 square feet of retail floor area shall be permitted within the CPUD.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 uses permitted by right in the C-1, C-2 and C-3 Zoning District and the following uses: Principal Uses: Home improvement stores,including enclosed unroofed garden center (SIC 5211 - 5261) Accessory Uses: 1.Gazebos 2.Light truck and trailer rental (defined to include trailers,flat bed trucks,pick-up trucks and box trucks not requiring a commercial driver license) 3.Light construction equipment rental,including but not limited to power tools,lawn equipment, and light truck/trailer rental as defined above. 4.Outdoor display of merchandise, including but not limited to storage sheds and lawn equipment, plants and garden supplies. 5.Seasonal sales,including but not limited to Christmas trees,garden supplies, pumpkins and similar seasonal merchandise, subject to the time limitations in Section 5.04.05 of the LDC. 6.Water management 9.A.4.d Packet Pg. 1473 11 PROPOSED DEVELOPMENT STANDARDS 9.A.4.d Packet Pg. 1474 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 12 PRELIMINARY DESIGN IMAGERY AND ELEVATIONS 9.A.4.d Packet Pg. 1475 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 13 FRONT 9.A.4.d Packet Pg. 1476 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 14 FRONT 9.A.4.d Packet Pg. 1477 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 15 9.A.4.d Packet Pg. 1478 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 16 REAR 9.A.4.d Packet Pg. 1479 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 17 ELEVATIONS 9.A.4.d Packet Pg. 1480 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE NEXT STEPS •File resubmittal •Hearing Notices mailed to adjacent property owners within 500 feet of the subject property. •Hearing sign(s) posted on property advertising hearing dates. •HEARING DATES: •CCPC –T BD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 •BCC –TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 *Please note, all information provided is subject to change until final approval by the governing authority. 18 9.A.4.d Packet Pg. 1481 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Project information and a copy of this presentation can be found online: HTTPS://GRADYMINOR.COM/PLANNING/ Collier County Growth Management Department (GMD) Public Portal: CVPORTAL.COLLIERCOUNTYFL.GOV/CITYVIEWWEB/PLANNING/LOCATOR CONTACTS: •Q. Grady Minor & Associates, P.A.:Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144, ext. 1249 •Collier County Staff: PUDZ:Laura DeJohn, Principal Planner; Laura.DeJohn@colliercountyfl.gov, (239) 252-5587 GMPA:Rachel Hansen, Planner III; Rachel.Hansen@colliercountyfl.gov, (239) 252-1442 PROJECT DOCUMENTS AND INFORMATION 19 9.A.4.d Packet Pg. 1482 Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE 9.A.4.dPacket Pg. 1483Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.dPacket Pg. 1484Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.dPacket Pg. 1485Attachment: Attachment C - NIM Documents (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.ePacket Pg. 1486Attachment: Attachment D - Public Input thru 12-27-23 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) From: David Mann <david@mpg-architects.com> Sent: Thursday, May 11, 2023 9:40 AM To: HansenRachel Subject: Home Depot - East Naples Attachments: Home Depot Site.pdf; Home Depot - Airport Pulling Road.JPG Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Rachel Nice meeting you yesterday at the Home Depot presentation. Below is an email that I prepared on April 30th and sent along with the above attachments to Rick LoCastro, Aixa Capizzi and Michael Bosi. Some of the items discussed last night include: - Cross traffic agreement not in place for customers of Home Depot passing through the Race Trac Gas Station. Customers will use the traffic light at Barefoot Williams Road to exit from Home Depot to head West on 41. This will cause dangerous conditions with the traffic from Home Depot using a parking lot of Race Trac that was not designed for such volume or Barefoot Williams Road with is congested already with customers trying to enter the Race Trac. - Contractors (or Professionals a term Home Depot uses) will pull their trucks with trailers through the Race Trac on their way to Home Depot's west lot with is designated for Professionals. They will also exit the same way they entered again pulling their trailers. - Semi-Truck deliveries was brushed over last night with no concern from the Land Planners as to how such traffic will mix with customers cars. - The single aisle located at the Front Door of the Home Depot which is approximately 600' long before any perpendicular aisle is reached will be congested with cars entering, exiting, customers leaving the Home Depot with shopping carts, large flat carts, trying to load their vehicles using the single aisle as space for transfer of goods. This will cause grid-lock for west-east vehicular flow on the site. 9.A.4.e Packet Pg. 1487 Attachment: Attachment D - Public Input thru 12-27-23 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) - The Presenter last night made a comment to me stating that.. "There are no longer any other 14 acre sites in this region on 41 to fit a Home Depot on" The Planner believe that if you can fit all the components that a Home Depot needs on a site on a parcel then its a valid solution. They have overlooked that it is a dysfunctional design that will lead to frustrated customers that will look elsewhere for their building and home improvement goods. - I did not mention Fire and Life Safety vehicles trying to enter this site and administer their services in a safe manner. This needs to be reviewed carefully by the Fire Chief and the EMS Director. - The Home Depot located on Airport Pulling Road (see aerial attached) is on a correct site. It provides customer parking with several aisles that are perpendicular to the front of the store. It provides two wide aisles in the North-South direction for customers to look down aisles for open parking spaces and for easy exit from the parking area. It provides a N-S aisle in front of the Garden Center that leads to Glades Blvd. which has a traffic light to allow safe egress and exiting from the site. It also provides an entrance and exit off of Davis Blvd. for Semi Trucks to enter the site for deliveries without mixing with customer vehicles. This is a Good Design of a Site the allows safe traffic flow and ample parking at the front door. There are other issues with this East Naples site that is being forced to fit a Home Depot. I would like to be on your list of citizens who will be notified of any future discussions or meetings regarding this project. As I stated last night this is not the right site for any Big Box use. I also ask that you forward this email onto the other representative from your department that attended last night and anyone else you feel should consider the comments I raise regarding this proposed site design. Thank you, DAVID J. MANN c 330.388.3075 e david@mpg-architects.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 9.A.4.e Packet Pg. 1488 Attachment: Attachment D - Public Input thru 12-27-23 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) From: David Mann Sent: Sunday, April 30, 2023 3:19 PM To: Rick.Locastro@CollierCountyFL.gov Cc: Aixa.Capizzi@CollierCountyFL.gov; Michael.Bosi@CollierCountyFL.gov Subject: Home Depot - East Naples Mr. LoCastro I understand that the proponent for the Home Depot project on a site just east of the Race Trac Fuel Station at US 41 and Barefoot Williams Road will be conducting a Public Meeting to be held at the South Collier County Library in Lely on May 10th at 5:30 PM. Attached is the site plan with several comments that I have prepared regarding this use on this property. Also attached is an aerial of the Home Depot located on Airport Pulling Road that supports my position of ample parking in rows that are perpendicular to the front door is necessary and common with Big Box layouts. The site proposed for the East Naples Home Depot is the wrong site. It will cause dangerous conditions on US 41 with customers trying to enter/exit the site and dangerous conditions on the site for customers and associates of Home Depot. This site configuration lends itself for a strip retail use with a long building parallel to US 41 and pushed back on the site to offer plenty of customer parking in the front, not a big box use. If Home Depot wishes to build a store in East Naples they need to continue to look for an appropriate site that offers plenty of land in the front for parking and safe egress. This is not the appropriate site. A better location would be on South Collier Blvd. south of the Walmart. This location would serve customers from 41 as well as those from Marco Island especially. Please confirm you received this email and attachments. I plan on attending the May 10th meeting. Thank you, DAVID J. MANN c 330.388.3075 e david@mpg-architects.com 9.A.4.e Packet Pg. 1489 Attachment: Attachment D - Public Input thru 12-27-23 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.e Packet Pg. 1490 9.A.4.e Packet Pg. 1491 Attachment: Attachment D - Public Input thru 12-27-23 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.fPacket Pg. 1492Attachment: Attachment E - Affidavit of Sign Posting 2024 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 9.A.4.f Packet Pg. 1493 Attachment: Attachment E - Affidavit of Sign Posting 2024 (27654 : PL20220000946 Home Depot - SE Naples Commercial Subdistrict) 02/01/2024 COLLIER COUNTY Collier County Planning Commission Item Number: 9.A.5 Doc ID: 27586 Item Summary: PL20220000543 - The Home Depot SE Naples CPUD Rezone (PUDZ) - Ordinance rezoning from a Commercial Intermediate (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) Zoning District for the project to be known as The Home Depot-SE Naples CPUD, to allow development of 140,000 square feet of gross floor area of uses including Commercial Professional and General Office District (C-1) uses, Commercial Convenience District (C-2) uses, Commercial Intermediate District (C-3) uses, home improvement store uses and miscellaneous repair service uses; and providing for the partial repeal of Ordinance No. 92-43 relating to a frontage road and shared access commitment on property located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, consisting of 13.77+/- acres; and providing an effective date. [Coordinator: Ray Bellows, Zoning Manager] (Companion to GMPA-PL20220000946) Meeting Date: 02/01/2024 Prepared by: Title: – Zoning Name: Laura DeJohn 01/04/2024 8:51 AM Submitted by: Title: Zoning Director – Zoning Name: Mike Bosi 01/04/2024 8:51 AM Approved By: Review: Growth Management Community Development Department Diane Lynch GMD Approver Completed 01/16/2024 6:16 PM Operations & Regulatory Management Donna Guitard Review Item Completed 01/17/2024 4:21 PM Planning Commission Diane Lynch Review item Skipped 01/05/2024 10:52 AM Zoning Ray Bellows Review Item Completed 01/18/2024 2:11 PM Zoning Mike Bosi Division Director Completed 01/18/2024 4:57 PM Growth Management Community Development Department James C French GMD Deputy Dept Head Completed 01/25/2024 1:44 PM Planning Commission Ray Bellows Meeting Pending 02/01/2024 9:00 AM 9.A.5 Packet Pg. 1494 PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 1 of 20 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT DEPARTMENT HEARING DATE: FEBRUARY 1, 2024 SUBJECT: PUDZ-PL20220000543; THE HOME DEPOT - SE NAPLES CPUD (Companion to GMPA-PL20220000946) PROPERTY OWNER/APPLICANT AND AGENTS: Owner: Home Depot U.S.A., Inc., a Delaware corporation 2455 Paces Ferry Road, Bldg C-19 Atlanta, GA 30339 Agents: Richard D. Yovanovich, Esq Coleman, Yovanovich & Koester, P.A. 4001 Tamiami Trail N, Suite 300 Naples, FL 34103 Hamilton Williams Greenberg Farrow Architecture, Inc. 1230 Peachtree St., NE, Suite 2900 Atlanta, GA 30309 D. Wayne Arnold, AICP Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Spring, FL 34134 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission consider a petition to rezone ±13.77 acres from Commercial Intermediate District (C-3) to the Home Depot – SE Naples Commercial Planned Unit Development (CPUD) Zoning District to allow for development of up to 140,000 square feet of commercial/office use, including home improvement store uses (SIC 5211-5261). A companion Growth Management Plan Amendment (GMPA) PL20220000946 is proposed to establish a new subdistrict called The Home Depot – SE Naples Commercial Subdistrict on land currently designated Urban Coastal Fringe to allow for the proposed uses and intensities. 9.A.5.a Packet Pg. 1495 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 2 of 20 GEOGRAPHIC LOCATION: The subject property is located on the south side of Tamiami Trail East (U.S. 41) approximately 650 feet southeast of Barefoot Williams Road and approximately 300 feet northwest of Habitat Drive, in Section 33, Township 50 South, Range 26 East, Collier County, Florida. (See location map below) 9.A.5.a Packet Pg. 1496 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 3 of 20 PURPOSE AND DESCRIPTION OF PROJECT: The subject property is ±13.77 acres along U.S. 41 East. The site is an assemblage of six parcels (Parcel Nos. 00447200007, 00447160008, 00447120006, 00447480005, 00447280001, and 00447840001). The current zoning designation is Commercial Intermediate District (C-3), which is meant to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The petitioner’s intended use of a home improvement store of up to 140,000 square feet is not permitted in this district. To accommodate the proposed home improvement store use, a rezoning is requested from C -3 to Home Depot – SE Naples Commercial Planned Unit Development (CPUD) zoning district. A companion Growth Management Plan Amendment (GMPA-PL20220000946) is also requested to establish a new subdistrict called The Home Depot – SE Naples Commercial Subdistrict on land currently designated Urban Coastal Fringe to allow for the proposed uses and intensities. The CPUD is proposed to permit uses in the C-1, C-2 and C-3 zoning districts except for those listed as Prohibited Uses in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). Additional permitted uses are requested within the CPUD that are permitted in the more intense C-4 and C-5 zoning districts; these additional uses are: up to 140,000 square feet of home improvement store uses (SIC 5211-5261) and miscellaneous repair services specified as “a” through “x” in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). Proposed maximum zoned building height is 50 feet (consistent with the C-3 zoning district), with proposed maximum actual height of 60 feet. Of the six parcels comprising the site, five are undeveloped (Parcel Nos. 00447200007, 00447160008, 00447120006, 00447480005, and 00447280001) and one parcel is occupied by a radio broadcasting studio (Parcel No. 00447840001) per Provisional Use approval granted on July 22, 1986 by Resolution 86-119. Four parcels are subject to the County Zoning Re-evaluation Program implemented by Ordinance 92-43. The conditions of Ordinance 92-43 require limitation of access along U.S. 41 for the individual parcels to be achieved by interconnections that are provided per the proposed PUD Master Plan. Therefore, language in Ordinance 92-43 related to access conditions for these parcels is proposed for repeal. See Attachment C for Ordinance 92-43. The proposed PUD Master Plan depicts the radio broadcasting studio would be removed and the site would be occupied by the proposed Home Depot store, parking, 1.26-acre native vegetation preserve to the eastern end of the site, and water management area to the western end of the site. In addition to two connection points along U.S. 41, vehicular/pedestrian interconnection is depicted to the west where a driveway exists connecting to a vacant parcel beyond which is a RaceTrac fueling station that occupies the corner of the signalized intersection of Barefoot Williams Road and U.S. 41. The proposed PUD Master Plan also depicts locations of proposed outdoor uses including material storage, truck and equipment rental, trailer display, material storage, loading, dumpster area, shed display and seasonal sales. To the rear of the building, the property line bordering the Marco Naples RV Resort, an age 55+ travel trailer park zoned TTRVC, is proposed to be buffered/screened with a 10-foot wide Type A buffer enhanced with a six-foot high wall. 9.A.5.a Packet Pg. 1497 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 4 of 20 Five deviations are requested to allow: -10% reduction of required parking -Alternative architecture consistent with Building Facades depicted in Exhibit E1 of the Draft Ordinance attached to this staff report (Attachment A) -An additional wall sign and signage that is larger by 104 square feet fronting Tamiami Trail per the signs depicted in Exhibit E2 of the Draft Ordinance attached to this staff report (Attachment A) -Screening of outdoor storage with a wall height of six feet instead of seven feet. Petitioner’s proposed Master Concept Plan (Exhibit C of the Draft Ordinance attached to this staff report) The subject site is within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO), which is discussed in more detail in the GMP Consistency Review Memo provided as Attachment B to this staff report. 9.A.5.a Packet Pg. 1498 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 5 of 20 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses, zoning classifications, and maximum approved densities for properties surrounding the subject site. The subject site zoned Commercial Intermediate District (C-3) is mostly undeveloped with one parcel developed as a radio broadcasting station per Provisional Use approval granted on July 22, 1986 by Resolution 86-119. North: Across Tamiami Trail East is the Lely Resort PUD (Ordinance 92-15, as amended), a sewage effluent pond(s) approved as a conditional use (Resolution 96-26) zoned Rural Agricultural District (A), and Donna Fiala Eagle Lakes Community Park zoned Public Use District (P). East: Undeveloped property zoned Commercial Intermediate District (C-3), beyond which is Habitat Drive. South: Marco Naples RV Resort, an age 55+ travel trailer park, zoned TTRVC. West: Vacant lot, beyond which is a RaceTrac fueling station. These properties are zoned Commercial Intermediate District (C-3) with Conditional Use approval granted by Resolution 2012-253, allowing for up to four buildings of up to 15,000 square feet each for food stores, food services, personal services, video rentals, or retail uses. 9.A.5.a Packet Pg. 1499 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 6 of 20 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): Comprehensive Planning staff has reviewed the proposed PUDZ and has found it not consistent with the Future Land Use Element (FLUE) of the GMP. See Attachment B, FLUE Consistency Review. This PUD Rezoning may only be deemed consistent with the FLUE if the companion GMPA (PL20220000946) is approved and goes into effect and the uses and intensities in this PUD align with those in the GMPA. Transportation Element: In evaluating this project, staff reviewed the applicant’s May 19, 2023, Traffic Impact Statement for consistency with Policy 5.1 of the Transportation Element of the GMP using the 2022 and 2023 Annual Update and Inventory Reports (AUIR). Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; b. For links adjacent to links directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; and c. For all other links the project traffic is considered to be significant up to the point where it is equal to or exceeds 3% of the adopted LOS standard service volume. Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant and submitted as part of the traffic impact statement that addresses the project’s significant impacts on all roadways.” Staff finding: According to the TIS provided with this petition the proposed development will generate a projected total of +/- 241 PM peak hour, 2-way trips on the adjacent roadway segments of Tamiami Trail East (US-41). The trips generated by this development will occur on the following adjacent roadway link: (See table on following page.) 9.A.5.a Packet Pg. 1500 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 7 of 20 (1) Source for P.M. Peak Hour/Peak Direction Project Traffic is from the May 19, 2022 Traffic Impact Statement provided by the petitioner. Expected Deficiency due to Trip Bank not caused by this proposed development (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. ▪ The expected and existing deficiencies are not caused by this proposed development. Based on the TIS, the 2022 and 2023 AUIR, and the provisions of State Statute 169.3180, the subject PUD can be found consistent with Policy 5.1 of the Transportation Element of the GMP. The Traffic Impact Statement (TIS) indicates that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period. Conservation and Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site consists of 8.42 acres of native vegetation. A minimum of 1.26 acres (15%) of native vegetation is required to be preserved. Link/Roadway Link Current Peak Hour Peak Direction Volume/Peak Direction Projected P.M. Peak Hour/Peak Direction Project Trips (1) 2022 AUIR LOS/ Remaining Capacity 2023 AUIR LOS/ Remaining Capacity 93.0/Tamiami Trail East (US-41) Rattlesnake Hammock Rd to Triangle Blvd 3,000/East 123/East D/ 280 (2) D/ 307 (2) 94.0/Tamiami Trail East (US-41) Triangle Blvd to Collier Blvd 3,000/East 70/East C/ 973 C/ 1,076 95.1/Tamiami Trail East (US-41) Collier Blvd to Joseph Ln 3,100/East 21/East C/ 1,454 B/ 1,703 35.0/Collier Boulevard (CR-951) Tamiami Trl to Rattlesnake Hammock Rd 3,200/North 26/North D/ 501 (2) D/ 516 36.1/Collier Boulevard (CR-951) Tamiami Trl to Wal-Mart Driveway 2,500/North 22/North F/ (121) (2) E/ 17 9.A.5.a Packet Pg. 1501 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 8 of 20 GMP Conclusion: This PUD Rezoning may only be deemed consistent with the Future Land Use Element (FLUE) of the Growth Management Plan if the companion GMPA (PL20220000946) is approved and goes into effect and the uses and intensities in this PUD align with those in the GMPA. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this petition, including the criteria upon which a recommendation must be based, specifically noted in LDC Section 10.02.13.B.5, Planning Commission Recommendation (referred to as the “PUD Findings”), and Section 10.02.08.F, Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses the aforementioned criteria as the basis for its recommendation to the Board, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below, under the heading " Zoning Services Review." In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the petition to address environmental concerns. The required preserve is 1.26 acres (15% of 8.42 acres). No listed animal species were observed on the property; however, Northern needleleaf (Tillandsia balbisiana), and Stiff-leafed wild-pine (Tillandsia fasciculata), listed as a ‘Less Rare Plants,’ have been observed on the property and will be protected in accordance with LDC Section 3.04.03. Environmental Services staff recommends approval of the petition. Transportation Review: The Transportation Planning staff has reviewed the petition for compliance with the GMP and the LDC. Transportation Planning Staff recommends approval. Landscape Review: The north, east, and west buffers labeled on the PUD Master Plan are consistent with the LDC. A developer commitment has been included to enhance the south buffer by providing Type B buffer plantings. The LDC minimum required buffer along the south is a 10- foot wide Type A buffer which only requires trees, spaced 30 feet on center. Trees in Type B buffers are spaced 25 feet on center. There is also a hedge requirement in Type B buffers. The hedge requirement must consist of shrubs 5 feet high spaced 4 feet on center. Utilities Review: The project lies within the regional potable water service area and the South County Wastewater 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 utilities acceptance. Zoning Services Review: Zoning Division staff has evaluated the proposed uses related to intensity and compatibility. Also, we reviewed the proposed development standards for the project. 9.A.5.a Packet Pg. 1502 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 9 of 20 The land use pattern in the local area contains a mix of residential and commercial uses. The site is situated along a 6-lane arterial roadway, and current zoning of the property is Commercial Intermediate District (C-3), which allows 97 permitted uses. The CPUD is proposed to permit uses in the C-1, C-2 and C-3 zoning districts except for those listed as Prohibited Uses in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). Additional permitted uses are requested within the CPUD that are permitted in the more intense C-4 and C-5 zoning districts; these additional uses are: up to 140,000 square feet of home improvement store uses (SIC 5211-5261) and miscellaneous repair services specified as “a” through “x” in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). The C-3 District imposes a size limitation for certain uses that fall within the home improvement store range of uses (SIC 5211-5261), specifically limiting to 5,000 square feet or less of gross floor area in the principal structure for glass stores, paint stores, retail nurseries, lawn and garden supply stores, and wallpaper stores; and 1,800 square feet or less of gross floor area in the principal structure for hardware stores. Such size limitations are not required for properties zoned C-4 or C- 5 District. Proposed uses that are in addition to permitted uses of the C-1, C-2, and C-3 zoning districts are listed below. The more intense commercial districts of C-4 and C-5 allow for this array of uses as indicated in the table below: SIC Proposed Use C-3 (current designation) C-4 C-5 5211 Lumber and other building materials dealers n/a n/a Permitted 5251 Hardware stores 1,800 square feet or less Permitted Permitted 5231 Glass stores 5,000 square feet or less Permitted Permitted 5231 Paint stores 5,000 square feet or less Permitted Permitted 5231 Wallpaper stores 5,000 square feet or less Permitted Permitted 5261 Retail nurseries, lawn and garden supply stores 5,000 square feet or less Permitted Permitted 7699 Repair services – miscellaneous (only the specified uses listed in the PUD as “a” through “x”) Limited to 9 types of repair1 Permitted with 13 exceptions2 Permitted 1 C-3 District permitted uses include Repair services – miscellaneous (7699-biycle repair, binocular repair, camera repair, key duplicating, lawnmower repair, leather goods repair, locksmith shop, picture framing, and pocketbook repair only.) 2 C-4 District permitted uses include repair services - miscellaneous (7699 - except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, industrial truck repair, machinery cleaning, repair of service station equipment, boiler cleaning, tinsmithing, tractor repair). 9.A.5.a Packet Pg. 1503 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 10 of 20 Proposed development standards are outlined in Exhibit B, List of Development Standards, in the Draft Ordinance attached to this staff report (Attachment A). The proposed development standards are generally consistent with the C-3 District dimensional standards of LDC Section 4.02.01. Landscape buffers are identified on the proposed Master Plan. The outdoor display of merchandise and other outdoor storage/sales must be screened per LDC Section 4.02.12, which requires screening from view by fence or wall up to seven (7) feet in height above ground level. The fence or wall shall be opaque in design and made of masonry, wood, or other materials as approved by the County Manager or designee. A deviation is requested to allow the proposed six-foot high wall along the rear property line to satisfy this requirement. PUD and Rezoning Findings summarized below offer conclusions of zoning services review. PUD FINDINGS: LDC Section 10.02.13.B.5 states that, “In support of its recommendation, the CCPC shall make findings as to the PUD Master Plan’s compliance with the following criteria in addition to the findings in LDC Section 10.02.08.” (Zoning Division staff responses in non-bold). 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. Zoning Division staff has reviewed the proposed CPUD and finds suitability of the area for the +13.77-acre project, with a maximum of 140,000 square feet of commercial/office use, including home improvement store uses, subject to adoption of the companion GMP Amendment (GMPA-PL20220000946) to designate the site The Home Depot – SE Naples Commercial Subdistrict. Proposed uses are consistent with those already allowable within the currently applicable C-3 Zoning District, with exception of those listed as Prohibited Uses in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A), and with the additional permitted uses of up to 140,000 square feet of home improvement store uses (SIC 5211- 5261) and miscellaneous repair services specified as “a” through “x” in in Exhibit A of the Draft Ordinance attached to this staff report (Attachment A). Considering the proposed Master Plan, the architecture depicted in Exhibit E1 of the Draft Ordinance attached to this staff report (Attachment A), and the proposed buffering as specified on the PUD Master Plan, the rezoning action aligns with the pattern of development along U.S. 41 in the surrounding area. The CPUD is proposed to have two access points on U.S. 41/Tamiami Trail East as well as a proposed cross-access easement (vehicular/pedestrian interconnection) to the property to the west through an ingress/egress easement (OR 5241, PG 2436). This accomplishes the goals of controlling access points along U.S. 41 as contemplated in Ordinance 92-43 (Attachment C). The site will conform with the requirement to designate 30% of the site as open space; water management areas are delineated; a native vegetation preserve is 9.A.5.a Packet Pg. 1504 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 11 of 20 provided; buffering will meet or exceed LDC requirements; native canopy trees are proposed within the U.S. 41 buffer to align with community preferences identified in the East Naples Community Plan; parking lot lighting will be dark sky compliant to avoid light spill onto adjacent properties; and a six-foot high wall is proposed to address the compatibility of proposed uses in proximity to the Marco Naples RV Resort, an age 55+ travel trailer park zoned TTRVC, to the rear. Water and wastewater mains are available along Tamiami Trail E. 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 utilities acceptance. The intensity of the use may be considered suitable for the area if the proposed GMPA is adopted and the proposed development standards and development commitments are implemented. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application were reviewed by the County Attorney’s Office to demonstrate unified control. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the [GMP]. The proposed CPUD will be consistent with the GMP upon adoption of the companion GMP Amendment (GMPA-PL20220000946) to designate the site The Home Depot – SE Naples Commercial Subdistrict. 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 PUD Master Plan provides for internal and external compatibility. The site will conform with the 30% open space requirement, water management areas are delineated, and a native vegetation preserve is provided. Native canopy trees are proposed within the U.S. 41 buffer to align with community preferences identified in the East Naples Community Plan. Parking lot lighting will be dark sky compliant to avoid light spill onto adjacent properties. Buffering will meet or exceed LDC requirements, with the addition of a six-foot high wall proposed to address compatibility in proximity to the Marco Naples RV Resort, an age 55+ travel trailer park zoned TTRVC, to the rear. Deviation #5 is 9.A.5.a Packet Pg. 1505 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 12 of 20 requested with justification submitted by the petitioner to allow screening of outdoor storage with a wall height of six feet instead of seven feet. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. For Commercial PUDs, 30% of the gross area shall be devoted to usable open space according to LDC Section 4.07.02. G.2. The PUD Master Plan indicates compliance with this standard, with 30% to be provided as open space. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Water and wastewater mains are available along U.S. 41/Tamiami Trail East. 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 utilities acceptance. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. A maximum of 140,000 square feet of commercial/office use, including home improvement stores with enclosed unroofed garden center (SIC 5211-5261) is proposed. Properties to the east and west are undeveloped and could accommodate expansion should expansion be pursued. 8. Conformity with PUD regulations, or as to desirable modifications of such regulat ions in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. For staff’s assessment of deviations, see page 16. Five deviations are requested to allow: - 10% reduction of required parking - Alternative architecture consistent with Building Facades depicted in Exhibit E1 of the Draft Ordinance attached to this staff report (Attachment A) - An additional wall sign and signage that is larger by 104 square feet fronting Tamiami Trail per the signs depicted in Exhibit E2 of the Draft Ordinance attached to this report (Attachment A) - Screening of outdoor storage with a wall height of six feet instead of seven feet. 9.A.5.a Packet Pg. 1506 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 13 of 20 REZONE FINDINGS: LDC Subsection 10.02.08 F. states, “When pertaining to the rezoning of land, the report and recommendations to the planning commission to the Board of County Commissioners…shall show that the planning commission has studied and considered proposed change in relation to the following when applicable.” 1. Whether the proposed change will be consistent with the goals, objectives, & policies of the Future Land Use Map and the elements of the GMP. The petition has been found consistent with the goals, objectives, and policies of the (FLUM) and other elements of the GMP as outlined on page 6 of this staff report, subject to adoption of the companion GMP Amendment (GMPA-PL20220000946). 2. The existing land use pattern. The subject site is along a six-lane arterial roadway, U.S. 41, which is generally characterized by a pattern of commercially zoned lots and residential communities. Properties to the east and west are zoned commercial and are undeveloped. Properties to the north across US 41/Tamiami Trail East are zoned PUD, A, and P. The existing commercial RV park to the south is zoned TTRVC. The subject site is within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO). 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Should the rezoning to CPUD be approved, it would create an isolated CPUD district, but it is not unrelated to existing uses on properties to the south, west, and east that are zoned TTRVC and C-3. Property to the north is zoned PUD but is separated from the subject property by U.S. 41/Tamiami Trail East. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The CPUD boundary follows the boundaries of the existing parcels. 5. Whether changed or changing conditions make the passage of the proposed rezoning necessary. The proposed change is not specifically necessary but is being requested in compliance with the LDC provisions to seek such changes. The petitioner is seeking to construct a maximum of 140,000 square feet of commercial/office use, including home improvement store with enclosed unroofed garden center (SIC 5211-5261), which is not permitted in the C-3 Zoning District. In order to increase the intensity on the property, an amendment to the current Growth Management Plan and PUD Rezoning is needed. Therefore, the applicant is requesting a rezoning to CPUD. 9.A.5.a Packet Pg. 1507 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 14 of 20 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change is not anticipated to adversely influence living conditions in the neighborhood. The site will conform with the requirement to provide 30% of the site as open space, water management areas are delineated, and a native vegetation preserve is provided. Native canopy trees are proposed within the U.S. 41 buffer to align with community preferences identified in the East Naples Community Plan. Parking lot lighting will be dark sky compliant to avoid light spill onto adjacent properties. Buffering will meet or exceed LDC requirements, with the addition of a six-foot high wall proposed to address compatibility in proximity to the Marco Naples RV Resort, an age 55+ travel trailer park zoned TTRVC, to the rear. Deviation #5 is requested with justification submitted by the petitioner to allow screening of outdoor storage with a wall height of six feet instead of seven feet. 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 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 development must comply with all other applicable concurrency management regulations when development approvals are sought. 8. Whether the proposed change will create a drainage problem. It is not anticipated that rezoning of the property will create a drainage problem. Stormwater best management practices, treatment and storage will be addressed through Environmental Resource Permitting (ERP) with the South Florida Water Management District (SFWMD). Staff will evaluate the stormwater management system and design criteria at the time of SDP or PPL. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. It is not anticipated that this CPUD will reduce light or air to the adjacent areas. Development of the site will need to meet the site design standards as set forth in the LDC. 10. Whether the proposed change will adversely affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since value determination is driven by market forces. 9.A.5.a Packet Pg. 1508 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 15 of 20 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The approval of the CPUD rezone request is not likely to deter development activity of the surrounding properties. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. If the proposed GMP Amendment (PL20220000946) is approved, that will constitute a public policy statement supporting that the development parameters are found to be appropriate, and the zoning action would subsequently be consistent with the Comprehensive Plan as amended. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The property could develop in accordance with the currently applicable C-3 zoning district, but the intended use of the property for up to 140,000 square feet of home improvement store, including enclosed unroofed garden center (SIC 5211-5261), requires the rezoning action and companion GMP Amendment. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Abutting properties to the east and west are undeveloped and zoned Commercial Intermediate District (C-3). To the rear is the Marco Naples RV Resort zoned Travel Trailer-Recreational Vehicle Campground District (TTRVC). Even though TTRVC is considered a commercial use, people reside within the recreational vehicles. The petitioner proposes an enhanced landscape buffer with a six-foot-tall opaque wall and Type B buffer plantings along the southern property line. Adoption of the proposed GMPA and implementation of enhanced development standards and commitments contribute to keeping in scale with the needs of the community. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. The petition was reviewed based on the location and proposed use of the subject site, and staff does not specifically review other sites in conjunction with a site-specific petition. 9.A.5.a Packet Pg. 1509 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 16 of 20 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 CPUD is proposed to include up to 140,000 square feet of commercial/office use, including home improvement store uses with enclosed unroofed garden center (SIC 5211- 5261). Any development anticipated within this PUD would require significant site alteration, subject to extensive evaluation relative to federal, state, and local development regulations during the SDP and/or platting process and again as part of the building permit process. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The project must comply with the criteria set forth in LDC Section 6.02.00 regarding Adequate Public Facilities (APF) and must be consistent with applicable goals and objectives of the GMP related to adequate public facilities. Concurrency review for Adequate Public Facilities is determined at the time of SDP processing. 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the Board during its advertised public hearing. DEVIATION DISCUSSION The petitioner seeks five deviations from the requirements of the LDC. The deviations are restated below from Exhibit E of the Draft Ordinance attached to this staff report (Attachment A). The petitioner’s justifications and staff analyses/recommendations are outlined below. Deviation # 1: Relief from LDC Section 4.05.04.E, which states required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code to instead allow a reduction up to 10% of the required parking to meet landscape requirements within the vehicular use area and provide adequate stormwater facilities. Petitioner’s Justification: The deviation to allow a reduced parking requirement is warranted to allow for interior landscape islands and foundation plantings to be maximized to the fullest extent possible, as well as allowing a fully contiguous native plant area to be preserved. Local practice, observation, and operation of comparable developments indicate no parking problems associated with a reduction in provided parking. 9.A.5.a Packet Pg. 1510 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 17 of 20 Staff Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of the community,” and per LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” This deviation originated from the petitioner’s intent to use a portion of the parking lot for seasonal sales, which requires per LDC to have an equivalent amount of additional parking provided to compensate for the area covered during the seasonal sales. Rather than add parking and vehicular use areas to compensate for areas that are seasonally occupied for sales, the result of this deviation will be more space dedicated to landscaping. Deviation #2: Relief from LDC 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings to allow the Home Improvement Stores that can be constructed within the PUD to be eligible for this deviation process. Petitioner’s Justification: The Home Depot is a home improvement superstore and has a more unique building floor plan and operational characteristics than typical retail stores. The store concept relies on high rack storage within the building and along the exterior building interior wall space making typical massing elements and glazing standards almost impossible to address per the LDC requirements for retail buildings. Further, the Home Depot concept has an attached outdoor garden center which also makes it impossible to provide required glazing. The proposed Home Depot elevations represent a new building elevation for Home Depot. While many elements of the LDC architectural building elevations have been incorporated into the new design. The deviation and alternate compliance process will allow the applicant and staff to work together to insure the new Home Depot prototype store can achieve design elements consistent with the architectural rendering. Staff Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” The proposed maximum zoned building height is consistent with the currently applicable C-3 zoning district standard of 50 feet. A depiction of proposed Building Facades is provided in Exhibit E1 of the Draft Ordinance attached to this staff report (Attachment A). Deviation #3: Relief from LDC Section 5.06.04.F.4.a., Wall Sign standards, which states One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcel where there is double frontage on a public right-of- way, to instead be allowed an additional wall sign, not exceeding 35 square feet in size, on a second building elevation not fronting a public right-of-way. 9.A.5.a Packet Pg. 1511 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 18 of 20 Petitioner’s Justification: The Home Depot has a 137,000 square foot building footprint with unique operational characteristics from traditional home improvement retail stores. The deviation request will allow Home Depot to provide an additional sign on a building wall not fronting a right-of-way, primarily acting as a directional sign for users circulating the unconventional entry points to the building. This additional sign will not be visible from the public right-of-way and will be visually screened by the required landscape buffers and interior landscaping. Staff Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” The proposed signs as depicted in Exhibits E1 & E2 of the Draft Ordinance attached to this staff report (Attachment A) are reasonable relative to the size of the building and customer wayfinding needs. Deviation #4: Relief from LDC Section 5.06.04.F.4.a., Wall Sign standards, which states the maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 250 square feet for buildings over 60,000 square feet in area to instead be allowed the maximum allowable display area of 354 square feet for the sign fronting Tamiami Trail East. Petitioner’s Justification: The Home Depot has a 137,000 square foot building footprint with unique operational characteristics due to site constraints and interior circulation patterns from traditional home improvement retail stores. This deviation request allows for an increase in the allowable square footage to add signage at two distinct operational aspects of the building to assist directing customers toward the appropriate part of the store (Main Entrance, Garden Center, and TRC Rental) when accessing the site. The design elements of the proposed façade also promote the need for the additional sign square footage due to limited visibility for customers once within the property. This request is to accommodate a 247 square foot The Home Depot sign, a 72 square foot Garden Center sign, and a 35 square foot Rental sign. The Home Depot structure has a 137,000 square foot building footprint with 19,000 square feet of front façade area. The scale of the signage permitted by code would also be inconsistent with the scale of the structure and an aesthetic deterrent to the architectural intent. The requested deviation would provide an average ratio of less than 2.0% of the building wall signage compared to the square footage of the building wall area. Staff Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public 9.A.5.a Packet Pg. 1512 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 19 of 20 purposes to a degree at least equivalent to literal application of such regulations.” The proposed signs as depicted in Exhibits E1 & E2 of the Draft Ordinance attached to this staff report (Attachment A) are reasonable relative to the size of the building and customer wayfinding needs. Deviation #5: Relief from LDC Section 4.02.12, Design Standards for Outdoor Storage which requires all permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level, to instead permit the proposed 6’ high wall within the Type A buffer to satisfy this requirement for the areas shown as material storage on the PUD master plan. The areas utilized for equipment, rental vehicles, and display, are not required to be screened. Petitioner’s Justification: The material storage areas are largely depicted in areas not visible to the public and are over 300’ from U.S. 41. These areas will not be visible to motorists or the public due to the presence of the building, landscape buffers and parking lot landscaping. The proposed 6’ high wall will be installed on filled land, making the effective height that otherwise required by Section 4.02.12. Staff Recommendation: Staff recommends APPROVAL, finding that, in compliance with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived without detrimental effect on the health, safety, and welfare of the community” and LDC section 10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” The intent of screening with a seven-foot wall will be accomplished facing the Marco Naples RV Resort, an age 55+ travel trailer park zoned TTRVC to the rear, because of the petitioner’s commitment to provide a six-foot high opaque masonry wall constructed on the filled site in combination with the commitment to install vegetation required for a Type ‘B’ buffer as indicated on the PUD Master Plan and included in Exhibit F, List of Development Commitments, of the Draft Ordinance attached to this staff report (Attachment A). NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner conducted a NIM on May 10, 2023 at the South Regional Library Meeting Room, 8065 Lely Cultural Parkway, Naples, FL. The meeting commenced at approximately 5:30 p.m. and ended at approximately 6:00 p.m. Approximately 9 people were in attendance. The petitioner’s agent explained the request for the proposed rezoning and companion Growth Management Plan Amendment to allow for the proposed uses that would include a Home Depot store. Attendees expressed concern regarding the 25-foot setback at the rear of the property given the proposed 60-foot building height, including appurtenances, and the orientation of the site. A question was raised about access on Habitat Drive, but the agent confirmed that Home Depot does not own the property abutting Habitat Drive. Issues related to traffic and access from US 41/Tamiami Trail East were raised as concerns, as was the extended deceleration lane. 9.A.5.a Packet Pg. 1513 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PUDZ-PL20220000543 The Home Depot – SE Naples CPUD January 25, 2024 Page 20 of 20 See Attachment E for a copy of the NIM documentation. 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 Code of Laws and Ordinances. COUNTY ATTORNEY OFFICE REVIEW: This Staff Report was reviewed by the County Attorney’s office on December 26, 2023. RECOMMENDATION: There is a companion Growth Management Plan Amendment (GMPA) petition, PL20220000946. This rezoning request may only be found consistent with the GMP if the GMPA is approved and becomes effective. Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ- PL20220000543 The Home Depot – SE Naples CPUD to the Board of County Commissioners (BCC) with a recommendation of approval with an effective date linked to the effective date of the companion GMP Amendment petition. Attachments: A. Draft Ordinance B. FLUE Consistency Review C. Application/Backup Materials D. Ordinance 92-43 E. NIM Documentation F. Public Input received as of December 27, 2023 9.A.5.a Packet Pg. 1514 Attachment: Home Depot - SE Naples PUDZ Staff Report (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) [23-CPS-02308/1803241/1]30 The Home Depot SE Naples /PUDZ-PL20220000543 12/1/23 1 of 3 ORDINANCE NO. 2024 -_____ 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 COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE HOME DEPOT-SE NAPLES CPUD, TO ALLOW DEVELOPMENT OF 140,000 SQUARE FEET OF GROSS FLOOR AREA OF USES INCLUDING COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT (C-1) USES, COMMERCIAL CONVENIENCE DISTRICT (C-2) USES, COMMERCIAL INTERMEDIATE DISTRICT (C-3) USES, HOME IMPROVEMENT STORE USES AND MISCELLANEOUS REPAIR SERVICE USES; AND PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NO. 92-43 RELATING TO A FRONTAGE ROAD AND SHARED ACCESS COMMITMENT ON PROPERTY LOCATED ON THE SOUTH SIDE OF TAMIAMI TRAIL EAST (U.S. 41), APPROXIMATELY 650 FEET EAST OF BAREFOOT WILLIAMS ROAD, IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 13.77± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20220000543] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates and Hamilton Williams of Greenberg Farrow Architecture, representing applicant Coleman, Yovanovich & Koester, P.A. and owner Home Depot U.S.A., a Delaware corporation, 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: 9.A.5.b Packet Pg. 1515 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) [23-CPS-02308/1803241/1]30 The Home Depot SE Naples /PUDZ-PL20220000543 12/1/23 2 of 3 SECTION ONE: The zoning classification of the herein described real property located in Section 33, Township 50 South, Range 26 East, Collier County, Florida, is changed from Commercial Intermediate (C-3) Zoning District to a Commercial Planned Unit Development (CPUD) for a 13.77± acre project to be known as the Home Depot-SE Naples CPUD, to allow development of 140,000 square feet of gross floor area of uses including Commercial Professional and General Office District (C-1) Uses, Commercial Convenience District (C-2) Uses, Commercial Intermediate (C-3) uses, home improvement store uses, and miscellaneous repair service uses 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: Ordinance 92-43 is hereby partially repealed as to property described in this CPUD. SECTION THREE: 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 ________________ 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _____________________________ By: ___________________________________ , Deputy Clerk Tim Hall, Chairman 9.A.5.b Packet Pg. 1516 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) [23-CPS-02308/1803241/1]30 The Home Depot SE Naples /PUDZ-PL20220000543 12/1/23 3 of 3 Approved as to form and legality: Heidi F. Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards Exhibit C: Master Concept Plan Exhibit D: Legal Description Exhibit E: Deviations Exhibit F: Development Commitments 9.A.5.b Packet Pg. 1517 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 1 of 12 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. Principal Uses: 1. A maximum of 140,000 square feet of gross floor area shall be permitted within the CPUD. 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 uses permitted by right in the C-1, C- 2 and C-3 Zoning District and the following uses. The uses listed in Section B. below are prohibited and any uses not listed below for SIC 7699 are prohibited: 2. Home improvement stores, including enclosed unroofed garden center (enclosed unroofed garden center is included in the calculation of the maximum gross floor area) (SIC 5211 - 5261) 3. Repair services – miscellaneous a. Antique and furniture repair b. Bicycle repair c. Optical repair d. Camera repair e. Dental instrument repair f. Key duplicating g. Laboratory instruments h. Leather goods repair i. Locksmith shops j. Luggage repair k. Medical equipment repair l. Musical instrument repair m. Nautical repair n. Picture framing o. Rug repair p. Saddlery repair q. Scientific instrument repair r. Sewing machine repair s. Sharpening and repair of knives, saws and tools t. Surgical instrument repair (SIC 7699) 9.A.5.b Packet Pg. 1518 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 2 of 12 u. Taxidermists v. Thermostat repair w. Typewriter repair x. Window and blind repair 4. 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. The following uses are prohibited: 1. Animal specialty services (0752) 2. Automotive Services (7549) 3. Educational plants and public schools 4. Group Care Facilities 5. Membership organizations, miscellaneous (8699) a. Farm granges b. Humane societies 6. Parking Lots/Structures (7521) 7. Personal services, miscellaneous (7299) a. Bartering services b. Comfort station operation c. Escort service d. Turkish baths 8. Public administration (9661) 9. Retail services - miscellaneous (5999) a. Monuments/tombstones b. Sales barns 10. Valet parking C. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Gazebos 2. Light truck and trailer rental (defined to include trailers, flatbed trucks, pick-up trucks and box trucks not requiring a commercial driver license). A maximum of 20 total vehicles, trailers, equipment will be available for rental on-site. 3. Light construction equipment rental, including but not limited to power tools, lawn equipment, and light truck/trailer rental as defined above. 4. Outdoor display of merchandise, including but not limited to storage sheds and lawn equipment, plants and garden supplies. 5. Seasonal sales, including but not limited to Christmas trees, garden supplies, pumpkins and similar seasonal merchandise, these are limited to sales operated by the property owner and subject to the time limitations in Section 5.04.05 of 9.A.5.b Packet Pg. 1519 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 3 of 12 the LDC. Third party sales are subject to the permitting requirements of LDC 5.04.05. 6. Water management 7. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. D. Conditional Uses: 1. None 9.A.5.b Packet Pg. 1520 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 4 of 12 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 COMMERCIAL DEVELOPMENT STANDARDS PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA 10,000 SQUARE FEET N/A MINIMUM LOT WIDTH 100 FEET N/A MINIMUM YARDS (External) From Tamiami Trail East ROW (Front) 25 FEET 25 FEET From Eastern PUD Boundary (Side) 25 FEET 10 FEET From Western PUD Boundary (Side) 25 FEET 15 FEET From Southern Boundary (Rear) 25 FEET 15 FEET MINIMUM YARDS (Internal) Internal Drives/ROW 10 FEET 0 FEET Rear 10 FEET 10 FEET Side 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN STRUCTURES 10 FEET 10 FEET MAXIMUM HEIGHT Zoned 50 FEET 25 FEET Actual 60 FEET 25 FEET MINIMUM GROSS FLOOR AREA FOR ANY PERMITTED USE 1,000 SQUARE FEET N/A MAXIMUM GROSS FLOOR AREA FOR PUD 140,000 SQUARE FEET N/A 9.A.5.b Packet Pg. 1521 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) U. S . 4 1 - T A M I A M I T R A I L E (2 0 0 ' R I G H T - O F - W A Y ) IN G R E S S / E G R E S S E S M T . O. R . 5 1 2 9 , P G . 1 3 6 6 T R A C T 5 , P A R C E L 2 A C C E S S E S M T . O. R . 5 2 4 1 , P G . 2 4 3 6 T H E H O M E D E P O T O U T D O O R G A R D E N C E N T E R S E A S O N A L S A L E S ZONED: TTRVC USE: RV PARK ZONED: C-3 USE: UNDEVELOPED ZONED: RT USE: RV PARK ZONED: C-3 USE: UNDEVELOPED 10' WIDE TYPE 'A' LANDSCAPE BUFFER SHED DISPLAY 15 ' W I D E T Y P E ' D ' L A N D S C A P E B U F F E R LOADING AND DUMPSTER AREA 10 ' W I D E T Y P E ' A ' E N H A N C E D L A N D S C A P E B U F F E R W I T H 6 ' H I G H W A L L 10' WIDE TYPE 'A' LANDSCAPE BUFFERWATERMANAGEMENTTRAILER DISPLAY, EQUIPMENT & TRUCK RENTAL MATERIAL STORAGE WATERMANAGEMENTOUTDOOR DISPLAY 15' WIDE TYPE 'B' LANDSCAPE BUFFER 10 ' F P L E S M T . O. R . 1 2 9 8 , P G . 1 0 8 7 HABITAT RD.POTENTIAL VEHICULAR/PEDESTRIAN INTERCONNECTION MAXIMUM BUILDING HEIGHT:PRINCIPAL ACCESSORY ZONED: 50 FEET 25 FEET ACTUAL: 60 FEET 25 FEET MATERIAL STORAGE OUTDOOR DISPLAY MATERIAL STORAGE TRUCK RENTAL P R E S E R V E LOADING GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 0 200'100' SCALE: 1" = 200' WHEN PLOTTED @ 8.5" X 11" # DEVIATION 1 1 423 5 9.A.5.b Packet Pg. 1522 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples GradyMinor Civil Engineers ●Land Surveyors ●Planners ●Landscape Architects Cert. of Auth. EB 0005151 Cert. of Auth. LB 0005151 Business LC 26000266 Q. Grady Minor and Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Bonita Springs: 239.947.1144 ZZZ.GradyMinor.coP Fort Myers: 239.690.4380 NOTES 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 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., IF NECESSARY TO MEET THE BUFFER REQUIREMENT AFTER REMOVAL OF EXOTICS. DEVIATIONS (SEE EXHIBIT E) 1. RELIEF FROM LDC SECTION 4.05.04.E, PARKING SPACE REQUIREMENTS 2.RELIEF FROM LDC 5.05.08.G., ARCHITECTURAL AND SITE DESIGN STANDARDS, DEVIATION AND ALTERNATE COMPLIANCE PROCESS 3.RELIEF FROM LDC SECTION 5.06.04.F.4., WALL SIGN STANDARDS 4.RELIEF FROM LDC SECTION 5.06.04.F.4.A., WALL SIGN STANDARDS 5.RELIEF FROM LDC SECTION 4.02.12, DESIGN STANDARDS FOR OUTDOOR STORAGE SITE SUMMARY TOTAL SITE AREA: 13.77± ACRE COMMERCIAL 10.22± AC (74%) WATER MANAGEMENT 1.08± AC (8%) LANDSCAPE BUFFERS 1.21± AC (9%) PRESERVE 1.26± AC (9%) COMMERCIAL/OFFICE:MAXIMUM 140,000 S.F. OPEN SPACE: REQUIRED:30% PROVIDED:30% (WITHIN THE OVERALL PUD) PRESERVE: REQUIRED: 1.26± ACRES (8.42 ACRES NATIVE VEGETATION X 15%) PROVIDED: 1.26± ACRES 9.A.5.b Packet Pg. 1523 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 7 of 12 EXHIBIT D LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND RUN ALONG THE WESTERLY BOUNDARY OF SAID SECTION, N 02°35'33" E FOR 1321.79 FEET; THENCE LEAVE SAID SECTION LINE AND RUN N 89°59'07" E FOR 2438.67 FEET TO THE POINT OF BEGINNING; THENCE N 54°26'32" W FOR 1390.84 FEET; THENCE N 35°33'28" E FOR 400.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROAD 90, (U.S. 41); THENCE S 54°26'32" E ALONG SAID RIGHT OF WAY LINE FOR 1500.00 FEET; THENCE S 35°33'28" W FOR 400.00 FEET; THENCE N 54°26'32" W FOR 109.16 FEET TO THE POINT OF BEGINNING. TOGETHER WITH EASEMENT AS SET FORTH IN THAT CERTAIN EASEMENT DEED AND AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 5241, PAGE 2436 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 13.77± ACRES MORE OR LESS 9.A.5.b Packet Pg. 1524 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 8 of 12 EXHIBIT E LIST OF DEVIATIONS Deviation #1: Relief from LDC Section 4.05.04.E, which states required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code to instead allow a reduction up to 10% of the required parking to meet landscape requirements within the vehicular use area and provide adequate stormwater facilities. Deviation #2: Relief from LDC 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings to allow the Home Improvement Stores that can be constructed within the PUD to be eligible for this deviation process. Deviation #3: Relief from LDC Section 5.06.04.F.4., Wall Sign standards, which states One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcel where there is a double frontage on a public right-of-way, to instead be allowed an additional wall sign, not exceeding 35 square feet in size, on a second building elevation not fronting a public-right-of-way. Deviation #4: Relief from LDC Section 5.06.04.F.4.a., Wall Sign standards, which states the maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 250 square feet for buildings over 60,000 square feet in area to instead be allowed the maximum allowable display area of 354 square feet for the sign fronting Tamiami Trail East. Deviation #5: Relief from LDC Section 4.02.12, Design Standards for Outdoor Storage which requires all permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level, to instead permit the proposed 6’ high wall within the Type A buffer to satisfy this requirement for the areas shown as material storage on the PUD master plan. The areas utilized for equipment, rental vehicles, and display, are not required to be screened. 9.A.5.b Packet Pg. 1525 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.bPacket Pg. 1526Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 10 of 12 EXHIBIT E2 WALL SIGNS 9.A.5.b Packet Pg. 1527 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 11 of 12 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS PURPOSE: The purpose 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 Home Depot U.S.A., Inc., 2455 Paces Ferry Road, Atlanta, GA 30339 or its assigns. 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 total daily trip generation for the PUD shall not exceed 241 two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. B. Vehicular and Pedestrian interconnection to the property to the west will be provided by Owner, as shown on the Master Plan. Owner will provide an access easement over a portion of the PUD to the property owner to the west, or an access easement to the public for public use without responsibility of maintenance by Collier County, at time of the first Site Development Plan or Plat. Owner of this PUD will be responsible for maintenance of the access easement. The 9.A.5.b Packet Pg. 1528 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) (The Home Depot – SE Naples CPUD PL20220000543) November 7, 2023 Page 12 of 12 vehicular connection and supporting infrastructure will be constructed to the property line by the Owner of this PUD prior to the first Certificate of Occupancy. The interconnection shall remain open to the public. All references to owner include its successors and assigns. ENVIRONMENTAL: A. The CPUD Shall be required to preserve 15% of native vegetation. 8.42± acres of native vegetation exist on-site requiring a minimum preservation of 1.26± acres (8.42 X .15 = 1.26). A minimum of 1.26± acres of native vegetation shall be retained on-site. LANDSCAPING: A. Preserves may be used to satisfy the landscape buffer requirements after exotic Vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.e.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07, if necessary to meet the buffer requirement after removal of exotics. B. The type ‘A’ landscape buffer located along the southern boundary of the PUD shall be enhanced to include the vegetation required for a type ‘B’ buffer and shall include a six-foot-high opaque masonry wall. C. The LDC required buffer plantings along the U.S. 41 ROW shall consist of native canopy trees. PLANNING: A. Parking lot lighting shall be dark sky compliant (flat panel, full cut off fixtures— backlight, uplight and glare (BUG) rating where U = 0) to avoid light spill onto adjacent properties. Fixtures within 50-ft of residential properties along the PUD boundary shall be set at no higher than a 15- ft mounting height. Otherwise, the site light poles shall not exceed a 25-ft mounting height. Light levels along the PUD boundary shall be limited to no more than 0.2-ft-candles along the joint property line where adjacent to residential property. 9.A.5.b Packet Pg. 1529 Attachment: Att A - Ordinance for CCPC 120123 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Growth Management Community Development Department Zoning Division C O N S I S T E N C Y R E V I E W M E M O R A N D U M To: Laura DeJohn, AICP, Planner III, Zoning Services Section From: Rachel Hansen, AICP Candidate, Planner III, Comprehensive Planning Section Date: December 19, 2023 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDZ-PL20220000543 PETITION NAME: The Home Depot – SE Naples Commercial Planned Unit Development (CPUD) Rezone REQUEST: Rezone the subject property from Commercial Intermediate (C-3) zoning district to Commercial Planned Unit Development (CPUD) to permit a maximum of 140,000 square feet of commercial/office uses, including home improvement store uses (SIC 5211-5261). LOCATION: The ±13.77-acre subject property consists of six parcels and is located on the south side of Tamiami Trail East (US 41), approximately 0.15 miles southeast of Barefoot Williams Road , in Section 33, Township 50 South, Range 26 East, Collier County, Florida. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban, Urban – Mixed Use District, Urban Coastal Fringe Subdistrict and the Coastal High Hazard Area (CHHA), as depicted on the Future Land Use Map (FLUM) and addressed in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). The purpose of the Urban Coastal Fringe Subdistrict is to provide transitional densities between the Conservation designated area and the remainder of the Urban designated area. The site is also identified on Map FLUE-11, part of the FLUM Series which identifies properties deemed “consistent by policy” (through implementation of the Zoning Reevaluation Program in the 1990s, the property was granted an exemption or compatibility exception) and retains its C-3 zoning designation. The entire subject site is located within the boundaries of the East Naples Community Development Plan (ENCDP) and the proposed US 41 East Zoning Overlay (US 41 EZO). The ENCDP was developed by the community through a series of public meetings and surveys and reflects the overall vision of the community; the Board of County Commissioners accepted the ENCDP in October 2020. The ENCDP promotes the strategic placement of land uses to enhance the community’s sense of place and provides guidance for future development and redevelopment opportunities for employment, leisure, dining, and shopping to meet the growing needs of the community. The community has worked with a consultant to develop a zoning overlay along the US 41 East corridor to establish development standards, design standards, and spacing criteria for commercial uses. Relevant to this petition, the applicant has committed to providing native canopy trees along US 41, proposes enhanced buffering along the 9.A.5.c Packet Pg. 1530 Attachment: Att B - Consistency Memo PUDZ-PL20220000543 Home Depot (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone 2 southern property line where the project abuts an RV community, and has situated the building closer to the roadway – all of which are consistent with the ENCDP. The proposed CPUD permits permit uses in the C-1, C-2 and C-3 zoning districts except for those listed as Prohibited Uses in Exhibit A of the Draft CPUD Ordinance. Additionally, the proposed CPUD permits up to 140,000 square feet of home improvement stores uses (SIC 5211-5261), which are uses permitted in C-4 or C-5 zoning districts. Under the existing FLUM designation, home improvement store uses (SIC 5211-5261) are inconsistent with the FLUE. There is a companion GMP amendment petition (PL20220000946) to establish a new subdistrict and redesignate the subject property from Urban Coastal Fringe to The Home Depot – SE Naples Commercial Subdistrict to allow all uses proposed in the CPUD. Certain Future Land Use Element (FLUE) policies are provided below, with staff analysis following in [bold]. Policy 5.6: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code (Ordinance 04-41, adopted June 22, 2004 and effective October 18, 2004, as amended). [Comprehensive Planning staff leaves this determination to Zoning staff as part of their review of the petition in its entirety. However, staff would note that in reviewing the appropriateness of the requested uses/intensities on the subject site, the compatibility analysis might include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location, traffic generation/attraction, etc.] Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. [The Master Plan indicates two points of ingress/egress from US 41, a major arterial.] Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. [A vehicular/pedestrian interconnection is proposed at the western property line, connecting the subject site to a vacant parcel and existing gas station (RaceTrac) at the corner of US 41 and Barefoot Williams Road. Interconnection to the south is inappropriate given the existing RV park.] Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. [As mentioned previously, an interconnection is proposed which would connect to Barefoot Williams Road through the existing RaceTrac gas station.] Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. [Although this is largely not applicable to commercial development, the applicant has committed via the CPUD ordinance to providing native shade trees in the landscape buffer fronting US 41, which will provide shade to pedestrians utilizing the sidewalk and is consistent with the ENCDP.] 9.A.5.c Packet Pg. 1531 Attachment: Att B - Consistency Memo PUDZ-PL20220000543 Home Depot (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone 3 CONCLUSION: The rezone petition is not consistent with the GMP. A companion Small Scale GMPA petition (PL202200005946) proposes to establish a subdistrict and redesignate the subject property from Urban Coastal Fringe to The Home Depot – SE Naples Commercial Subdistrict. Approval of this PUDZ petition is contingent upon the companion GMPA petition being approved and becoming effective. PETITION ON CITYVIEW 9.A.5.c Packet Pg. 1532 Attachment: Att B - Consistency Memo PUDZ-PL20220000543 Home Depot (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com January 3, 2023 Ms. Laura DeJohn Collier County Growth Management Department Zoning Division, Zoning Services Section 2800 North Horseshoe Drive Naples, FL 34104 RE: The Home Depot – SE Naples CPUD Rezone (PL20220000543), Submittal 1 Dear Ms. DeJohn: An application for Public Hearing for a Planned Unit Development (PUD) rezone for property located at the southwest corner of Tamiami Trail East (U.S. 41) and Habitat Road. The PUD rezone proposes to rezone the 15.16± acre property from the C-3 Zoning District to the Home Depot – SE Naples Commercial PUD to allow a maximum of 140,000 square feet of Intermediate Commercial, C-3 uses, and home improvement store uses. A companion Growth Management Plan Amendment (The Home Depot – SE Naples Commercial Subdistrict PL20220000946) has been filed to authorize the proposed commercial development. 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 7. Covenant of Unified Control 8. Addressing Checklist 9. Warranty Deed(s) 10. Boundary Survey 11. Environmental Data 12. Traffic Impact Statement 13. PUD Exhibits A-F 9.A.5.d Packet Pg. 1533 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Ms. Laura DeJohn RE: The Home Depot – SE Naples CPUD Rezone (PL20220000543), Submittal 1 January 3, 2023 Page 2 of 2 14. Deviations and Justifications 15. Exhibit IV.B Proposed FLUE Language Please feel free to contact Rich Yovanovich at 435-3535 or me should you have any questions. Sincerely, D. Wayne Arnold, AICP c: Greenberg Farrow Richard D. Yovanovich, Esq. GradyMinor File (HDET-22) 9.A.5.d Packet Pg. 1534 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1535 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1536 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1537 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1538 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1539 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1540 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1541 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1542 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1543 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1544 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1545 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1546 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) The Home Depot – SE Naples CPUD (PL20220000543) Evaluation Criteria June 16, 2023 Evaluation Criteria-r1.docx Page 1 of 7 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 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 13.77+/- acre property from C-3 to a Commercial PUD to permit all permitted uses of the C-3, Intermediate Zoning District and a home improvement store use. The property has been partially developed with a small radio studio and tower and has been deemed consistent with the Growth Management Plan by policy permitting existing zoned property to be developed. The Future Land Use Element policies do not permit intensification of the existing zoning; therefore, the applicant is requesting a small-scale plan amendment as a companion item to the PUD rezoning application in order to establish a new planning subdistrict which will permit the continuation of C-3 uses with the addition of the home improvement retail store. 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 site is well-suited for continued commercial development. Adjoining properties to the northwest, southeast and south are zoned either C-3 or TTRVC, which are both commercial zoning districts. The southwest corner of the property abuts an RT zoned property which as been developed as the clubhouse and amenity area for the Marco Naples RV Resort. The subject property is partially cleared in support of the former radio station. The balance of the site will be cleared and filled, with the exception of the easternmost portion of the site which will remain as a native vegetation preservation area. The site will have access to U.S. 41 with a potential connection to the frontage drive that was constructed to serve the nearby RaceTrac gas/convenience store. The site has water and sewer services available, and drainage will consist of typical dry detention areas and underground storage vaults. 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 applicant is the owner of the property. 9.A.5.d Packet Pg. 1547 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 2 of 7 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 a new subdistrict which is tailored to this specific property and establishes the proposed intensity of a maximum of 140,000 square feet of commercial uses. 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 subdistrict providing for development of the proposed commercial use. Upon approval of the Subdistrict, 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 is an urban infill project and does not constitute urban sprawl. The site is presently zoned for commercial uses. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed CPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and site access. The PUD document contains development standards which establish building setbacks appropriate for the type of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market demand. The buildings and site will be developed in accordance with the LDC, and the buildings will be designed to meet the requirements of the County’s architectural standards. 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 is an urban infill site and located on a 6-lane arterial roadway offering capture of trips already on the surrounding roadway network. The site has also proposed access to the adjacent RaceTrac driveway. No access is feasible to the developed RV park to the south. Property to the east is undeveloped; however, no access is feasible given the location of the onsite native preservation area. Transportation Element Please see the Traffic Impact Analysis prepared which demonstrates compliance with the Level of Service Standards for arterial roadways. 9.A.5.d Packet Pg. 1548 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 3 of 7 Conservation and Coastal Management Element Policy 6.1.1 requires preservation of 15% of the existing onsite native vegetation. The PUD master plan identifies a native vegetation preservation of 1.26+/- acres which is equal to 15% of the existing onsite native vegetation. 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 Passarella & Associates which concludes there are no listed species onsite. A preservation plan will be prepared in conjunction with the site development plan process. 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 PUD application includes a conceptual master plan which identifies proposed buffers and building areas, and the PUD document includes development standards which will assure the use(s) will be compatible with the nearby residential development. The applicant is aware that there is an ongoing effort to establish a master plan for the East Naples area and the applicant team has been coordinating with staff and will continue to coordinate with staff during development of the master plan. e. The adequacy of usable open space areas in existence and as proposed to serve the development. The commercial PUD will have the required 30% open space as required by the LDC, which will include buffers, water management areas, landscape islands and native preservation areas. 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. Water and sewer services are available at the site and 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 CPUD is surrounded by zoned and developed land to the west and south. The small vacant parcel to the southeast is not included in the proposed PUD as it is not under the control of the applicant. Expansion of the PUD boundary is not necessary to support the proposed uses. 9.A.5.d Packet Pg. 1549 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 4 of 7 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. Three 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 subdistrict providing for development of the proposed commercial use. Upon approval of the Subdistrict, 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 is an urban infill project and does not constitute urban sprawl. The site is presently zoned for commercial uses. Policy 5.6 requires that new projects will be compatible with and complementary to the surrounding land uses. The proposed CPUD has a conceptual PUD master plan that identifies the location of the proposed building(s) parking areas, buffer, and site access. The PUD document contains development standards which establish building setbacks appropriate for the type of uses proposed. The project will be complementary to the surrounding area by providing a use for which there is market demand. The buildings and site will be developed in accordance with the LDC, and the buildings will be designed to meet the requirements of the County’s architectural standards. 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 is an urban infill site and located on a 6-lane arterial roadway offering capture of trips already on the surrounding roadway network. The site has also proposed access to the adjacent 9.A.5.d Packet Pg. 1550 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 5 of 7 RaceTrac driveway. No access is feasible to the developed RV park to the south. Property to the east is undeveloped; however, no access is feasible given the location of the onsite native preservation area. 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 6.1.1 requires preservation of 15% of the existing onsite native vegetation. The PUD master plan identifies a native vegetation preservation of 1.26 +/- acres which is equal to 15% of the existing onsite native vegetation. 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 Passarella & Associates which concludes there are no listed species onsite. A preservation plan will be prepared in conjunction with the site development plan process. 2. The existing land use pattern. The lands to the west, south and east are zoned commercial. Lands to the west have been developed with a RaceTrac gas/convenience store, to the south is a commercial RV park, and to the east is a vacant C-3 zoned property. U.S. 41 (Tamiami Trail East) is to the north. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The CPUD boundary does not create an isolated district. The CPUD permits all C-3 uses and the addition of a home improvement store retail use. Properties proximate to the site are zoned and developed with commercial uses. 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 and includes all property under the control of the applicant. The proposed PUD meets all design criteria for a PUD as specified in Section 4.07.02 of the PUD. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The applicant has conducted extensive market analysis and determined that a home improvement retail store can be supported in this location. Due to the existing growth 9.A.5.d Packet Pg. 1551 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 6 of 7 management plan policy regarding existing commercially zoned property, the zoning must be modified as the existing C-3 zoning does not permit the home improvement store use. 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, buffers 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 commercial development 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. 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 from C-3 to a commercial PUD will 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 rezone. 9.A.5.d Packet Pg. 1552 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) June 16, 2023 Evaluation Criteria-r1.docx Page 7 of 7 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The existing C-3 zoning does not permit the proposed home improvement store retail use; therefore, the zoning is required to be changed in order to develop the home improvement store use. 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 the necessary square footage to develop a home improvement store use. 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 sites in the County; however, this commercially zoned infill property has commercial development surrounding it and it is served by a 6-lane arterial roadway. The site also 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. A portion of the site has been previously cleared and filled in support of the now abandoned radio station build and parking area. Portions of the site will be cleared and filled to support the proposed building and parking areas within the PUD. The required site work is typical of most vacant parcels in Collier County. 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. The applicant has also determined that there is market demand for the PUD, including the proposed home improvement store retail use. 9.A.5.d Packet Pg. 1553 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1554 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1555 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1556 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1557 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1558 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1559 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1560 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1561 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1562 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1563 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1564 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1565 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1566 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1567 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1568 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1569 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1570 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1571 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1572 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1573 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1574 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1575 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1576 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1577 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1578 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1579 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1580 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1581 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 12/8/2022 9.A.5.d Packet Pg. 1582 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1583Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358      Created 9/28/2017          Page 1 of 3  This is a required form with all land use petitions, except for Appeals and Zoning Verification  Letters.    Should any changes of ownership or changes in contracts for purchase occur subsequent to the  date of application, but prior to the date of the final public hearing, it is the responsibility of the  applicant, or agent on his behalf, to submit a supplemental disclosure of interest form.    Please complete the following, use additional sheets if necessary.    a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in  common, or joint tenancy, list all parties with an ownership interest as well as the  percentage of such interest:    Name and Address % of Ownership     N.A.     b. If the property is owned by a CORPORATION, list the officers and stockholders and the  percentage of stock owned by each:    Name and Address % of Ownership     Home Depot U.S.A., Inc., a Delaware corporation, 2455 Paces Ferry Road, Building C-19, Atlanta, GA 30339 (A publicly traded company)  100%    Coleman, Yovanovich & Koester, P.A. (legal representation only for this petition) Kevin G. Coleman, VP Richard D. Yovanovich, VP Edmond E. Koester, VP William M. Burke, VP Gregory L. Urbancic, VP Craig D. Grider, VP Matthew L. Grabinski, President, Secretary, Treasurer   0%    PROPERTY OWNERSHIP DISCLOSURE FORM  9.A.5.d Packet Pg. 1584 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358      Created 9/28/2017          Page 2 of 3      c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the  percentage of interest:    Name and Address % of Ownership     N.A.        d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the  general and/or limited partners:    Name and Address % of Ownership     N.A.     e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation,  Trustee, or a Partnership, list the names of the contract purchasers below, including the  officers, stockholders, beneficiaries, or partners:    Name and Address % of Ownership     N.A.        Date of Contract:       f. If any contingency clause or contract terms involve additional parties, list all individuals or  officers, if a corporation, partnership, or trust:    Name and Address    N.A.        9.A.5.d Packet Pg. 1585 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) COLLIER COUNTY GOVERNMENT  GROWTH MANAGEMENT DEPARTMENT  www.colliergov.net  2800 NORTH HORSESHOE DRIVE  NAPLES, FLORIDA 34104  (239) 252‐2400 FAX: (239) 252‐6358      Created 9/28/2017          Page 3 of 3    g. Date subject property acquired October 2022       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.           Any petition required to have Property Ownership Disclosure, will not be accepted without this form.  Requirements for petition types are located on the associated application form. Any change in ownership whether  individually or with a Trustee, Company or other interest‐holding party, must be disclosed to Collier County  immediately if such change occurs prior to the petition’s final public hearing.    As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is  included in this submittal package. I understand that failure to include all necessary submittal information may result  in the delay of processing this petition.    The completed application, all required submittal materials, and fees shall be submitted to:   Growth Management Department  ATTN: Business Center  2800 North Horseshoe Drive  Naples, FL 34104                      March 14, 2023  Agent/Owner Signature Date    D. Wayne Arnold, AICP     Agent/Owner Name (please print)   AFFIRM PROPERTY OWNERSHIP INFORMATION  9.A.5.d Packet Pg. 1586 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1587Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1588Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Addressing Checklist (Rev 9/2022)Page 1 of 1 Operations & Regulatory Management Division Ɣ1RUWK+RUVHVKRH'ULYHƔ1DSOHV)/Ɣ-- www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items ŵĂƌŬĞĚǁŝƚŚ;ΎͿare 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: -ΎLOCATION 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 ΎFOLIO (Property ID) Number(s)of subject property or properties. [Attach list if necessary] ΎLEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] 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_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. ΎPETITION TYPE (choose from the drop-down list below). A unique checklist must be created for each application. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 00447840001, 00447120006, 00447160008, 00447200007, 00447280001 and 00447480005 S33/T50/R26 N.A. PUDZ (Planned Unit Development Rezone) The Home Depot - SE Naples CPUD 9.A.5.d Packet Pg. 1589 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 10/17/22, 3:42 PM Print Map https://maps.collierappraiser.com/mapprint.aspx?pagetitle=&orient=LANDSCAPE&paper=LETTER&minX=420901.159614474&minY=631388.678455134&maxX=423299.848852903&maxY=633187.69…1/1 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, no warranties expressed or implied are provided for the data herein, its use, or its interpretation. 9.A.5.d Packet Pg. 1590 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.d Packet Pg. 1591 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1592 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1593 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1594 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1595 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1596 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1597 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1598 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1599 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1600 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1601 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1602 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1603 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1604 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1605 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1606 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1607 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1608 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1609 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1610Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1611Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1612Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1613Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1614Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1615Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Project No. 22GFA3837 HOME DEPOT SOUTHEAST NAPLES COLLIER COUNTY ENVIRONMENTAL DATA REPORT June 2023 Prepared For: Greenberg Farrow Architecture, Inc. 1430 West Peachtree Street NW, Suite 200 Atlanta, Georgia 30390 (404) 601-4000 Prepared By: Passarella & Associates, Inc. 13620 Metropolis Avenue, Suite 200 Fort Myers, Florida 33912 (239) 274-0067 9.A.5.d Packet Pg. 1616 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) i TABLE OF CONTENTS Page Introduction ....................................................................................................................................1 Environmental Data Authors .........................................................................................................1 Vegetation Descriptions .................................................................................................................1 Listed Species Survey ....................................................................................................................3 Native Vegetation Preservation .....................................................................................................4 References ......................................................................................................................................5 9.A.5.d Packet Pg. 1617 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) ii LIST OF TABLES Page Table 1. Native and Non-Native Habitat Types and Acreages ............................................ 4 9.A.5.d Packet Pg. 1618 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) iii LIST OF EXHIBITS Page Exhibit 1. Project Location Map ......................................................................................... E1-1 Exhibit 2. Aerial with FLUCFCS and Wetlands Map ........................................................ E2-1 Exhibit 3. Listed Species Survey Report ............................................................................ E3-1 Exhibit 4. Native and Non-Native Habitat Map ................................................................. E4-1 9.A.5.d Packet Pg. 1619 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 1 INTRODUCTION The following Environmental Data (ED) Report is provided in support of the zoning amendment request for Home Depot Southeast Naples (Project). The ED report was prepared in accordance with the Collier County ED submittal requirements outlined in Chapter 3.08.00 of the Collier County Land Development Code (LDC). The Project totals approximately 13.77 acres and is located in Section 33, Township 50 South, Range 26 East, Collier County (Exhibit 1). More specifically, the Project is located on the south side of U.S. Highway 41 (U.S. 41), approximately 800 feet east of Barefoot Williams Road. The Project is bordered by U.S. 41 to the north; undeveloped forested land to the southeast; a mobile home community to the southwest; and undeveloped, improved land to the west. The Project site is comprised of forested and non-forested upland and wetland areas that contain high levels of cover by exotic vegetation including earleaf acacia (Acacia auriculiformis) and Brazilian pepper (Schinus terebinthifolia). The following ED includes details regarding the authors of this report, vegetation descriptions for the various habitats on-site, results of the listed species survey, and the minimum native vegetation preservation requirement. ENVIRONMENTAL DATA AUTHORS This report was prepared by Bethany Brosious and Myra Knowles. They both satisfy the environmental credential and experience requirements, per Section 3.08.00(A)2 of the Collier County LDC. Mrs. Brosious is a Vice President and Senior Ecologist with Passarella & Associates, Inc. (PAI), with 18 years of consulting experience. She holds a Bachelor of Science degree in Animal Sciences from the University of Florida and a Master of Science degree in Environmental Sciences from Florida Gulf Coast University. Ms. Knowles is an Ecologist with PAI, with consulting and research experience. She holds a Bachelor of Science degree in Environmental Science from Florida State University and a Master of Professional Science degree in Tropical Marine Ecosystem Management from the University of Miami Rosenstiel School. VEGETATION DESCRIPTIONS Vegetation associations for the Project were delineated using Collier County 2022 rectified color aerials, and groundtruthing was conducted on July 21 and August 4, 2022. The delineation was classified based on the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 9.A.5.d Packet Pg. 1620 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 2 1999). Level IV FLUCFCS was utilized to denote disturbance, and “E” codes were used to identify levels of exotic species invasion (e.g., Brazilian pepper and earleaf acacia). AutoCAD Map 3D 2021 software was used to determine the acreage of each mapped polygon, produce summaries, and generate the FLUCFCS map (Exhibit 2). A total of eight vegetative associations on-site (i.e., FLUCFCS codes) were identified on the Project. The dominant habitat types on the Project include Cypress/Pine/Cabbage Palm, Disturbed (50-100% Exotics) (FLUCFCS Code 6249 E3-E4), accounting for 44.3 percent of the property (6.10± acres), and Pine, Disturbed (50-100% Exotics) (FLUCFCS Code 4159 E3-E4), accounting for 43.2 percent of the property (5.96± acres). The Project site is heavily infested with exotic vegetation and contains greater than 50 percent cover by exotic vegetation throughout. Exotic vegetation documented on-site includes, but is not limited to, Brazilian pepper, earleaf acacia, Java plum (Syzygium cumini), and spermacoce (Spermacoce verticillata). The Project site contains 6.24± acres of South Florida Water Management District wetlands (Exhibit 2). The on-site wetlands are comprised of low quality areas that are dominated by exotic vegetation and are identified by the following FLUCFCS codes: Cypress/Pine/Cabbage Palm, Disturbed (FLUCFCS Codes 6249 E3 and E4) and Pine, Hydric, Disturbed (FLUCFCS Code 6259 E3). Descriptions for each FLUCFCS classification are provided below. Pine, Disturbed (50-75% Exotics) (FLUCFCS Code 4159 E3) The canopy of this upland habitat includes earleaf acacia, slash pine (Pinus elliottii), and melaleuca (Melaleuca quinquenervia), with some cabbage palm (Sabal palmetto). The sub-canopy consists of earleaf acacia, slash pine, melaleuca, myrsine (Myrsine cubana), Brazilian pepper, beautyberry (Callicarpa americana), and scattered saw palmetto (Serenoa repens). The ground cover includes scattered saw palmetto, earleaf acacia, cabbage palm, chocolateweed (Melochia corchorifolia), gulfdune paspalum (Paspalum monostachyum), and melaleuca. Vines, including air potato (Dioscorea bulbifera), Old World climbing fern (Lygodium japonicum), muscadine grape (Vitis rotundifolia), poison ivy (Toxicodendron radicans), and greenbrier (Smilax auriculata), were observed in all strata. Pine, Disturbed (76-100% Exotics) (FLUCFCS Code 4159 E4) The vegetative composition of this community type is similar to that of FLUCFCS Code 4159 E3, but with a higher density of exotics. Australian Pine (FLUCFCS Code 437) This upland habitat is composed of primarily Australian pine (Casuarina equisetifolia) in the canopy, sub-canopy, and ground cover. Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) (FLUCFCS Code 6249 E3) The canopy of this wetland habitat includes a mixture of melaleuca, earleaf acacia, slash pine, bald cypress (Taxodium distichum), cabbage palm, Java plum, and laurel oak (Quercus laurifolia). The 9.A.5.d Packet Pg. 1621 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 3 sub-canopy consists of melaleuca, earleaf acacia, cabbage palm, bald cypress, slash pine, laurel oak, myrsine, Brazilian pepper, and dahoon holly (Ilex cassine). The ground cover consists primarily of swamp fern (Telmatoblechnum serrulatum), sawgrass (Cladium jamaicense), and little blue maidencane (Amphicarpum muehlenbergianum). Cypress/Pine/Cabbage Palm, Disturbed (76-100% Exotics) (FLUCFCS Code 6249 E4) The vegetative composition of this community type is similar to that of FLUCFCS Code 6249 E3, but with a higher density of exotics. Pine, Hydric, Disturbed (50-75% Exotics) (FLUCFCS Code 6259 E3) The canopy of this wetland habitat includes slash pine, melaleuca, and earleaf acacia. The sub- canopy consists of slash pine, cabbage palm, wax myrtle (Morella cerifera), melaleuca, Brazilian pepper, laurel oak, and myrsine. The ground cover includes little blue maidencane, sawgrass, swamp fern, and scattered saw palmetto. Disturbed Land (FLUCFCS Code 740) The canopy and sub-canopy of this upland land use are primarily open, but include widely scattered slash pine and cabbage palm. The ground cover includes bahiagrass (Paspalum notatum), Saint Augustine grass (Stenotaphrum secundatum), beggarticks (Bidens alba), crowfoot grass (Dactyloctenium aegyptium), large-flower Mexican clover (Richardia grandiflora), common carpetgrass (Axonopus fissifolius), spermacoce, bermudagrass (Cynodon dactylon), frogfruit (Phyla nodiflora), caesarweed (Urena lobata), and Asiatic pennywort (Centella asiatica). Communication Facilities (FLUCFCS Code 822) This land use type includes a radio station with its associated infrastructure, parking lots, and landscaping. LISTED SPECIES SURVEY A listed species survey was conducted by PAI on the Project in July 2022 to determine if the site was being utilized by wildlife species listed by the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service as threatened or endangered, and for species protected by Collier County. No listed wildlife species were documented on the Project site during the survey. Scattered occurrences of two listed plant species were found on the Project site, including stiff- leaved wild pine (Tillandsia fasciculata) and inflated wild pine (T. balbisiana). Both species are listed as Less Rare Plants by the Collier County LDC Section 3.04.03. The stiff-leaved wild pine is also listed as state endangered, while the inflated wild pine is listed as state threatened. A copy of the listed species survey report is provided as Exhibit 3. 9.A.5.d Packet Pg. 1622 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 4 NATIVE VEGETATION PRESERVATION The 13.77± acre Project site is comprised of 8.42± acres of native vegetation (Exhibit 4). Areas containing greater than 75 percent cover by exotic vegetation, or less than 25 percent cover by native vegetation, were classified as non-native habitat and were excluded from the native vegetation calculation. In addition, areas of previously developed and/or disturbed land were also excluded from the native vegetation calculation. The Project includes a proposed commercial development. Section 3.05.07.B.1 of the Collier County LDC requires retention and preservation of 15 percent of the on-site native vegetation for a commercial development, which equates to a 1.26± acre preserve requirement for the Project (i.e., 8.42± acres of native vegetation x 15 percent = 1.26± acres of required native vegetation preserve) (Exhibit 4). Table 1 provides a summary of the native vegetation communities on-site and the native vegetation preservation calculation. Table 1. Native and Non-Native Habitat Types and Acreages FLUCFCS Code Description Native Vegetation Acreage (±) Non-Native Vegetation Acreage (±) 4159 E3 Pine, Disturbed (50-75% Exotics) 2.63 - 4159 E4 Pine, Disturbed (76-100% Exotics) - 3.60 437 Australian Pine - 0.74 6249 E3 Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) 5.92 - 6249 E4 Cypress/Pine/Cabbage Palm, Disturbed (76-100% Exotics) - 0.18 6259 E3 Pine, Hydric, Disturbed (50-75% Exotics) 0.14 - 740 Disturbed Land - 0.21 822 Communication Facilities - 0.62 Totals 8.42 5.35 Minimum Retained Native Vegetation Requirement for Commercial and Industrial Development (Native Vegetation Acreage, 8.42± acres x 15 percent) 1.26± acres The applicant proposes to preserve and enhance a minimum of 1.26± acres of native vegetation within the Project limits. Please see the Master Concept Plan for a depiction of the preserve location. The proposed preserve location on the southeastern portion of the Project site is consistent with Section 3.05.07A.4(f) of the Collier County LDC, as the Project site does not contain the habitat types identified in Section 3.05.07.A.4(a-e). In addition, the proposed preserve location provides for connection to off-site undeveloped lands and provides a vegetation buffer to the adjacent property. 9.A.5.d Packet Pg. 1623 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 5 The on-site preserve will be enhanced through the removal of exotic vegetation and the installation of supplemental plantings, where needed. The preserve will be protected in perpetuity via a conservation easement. REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover and Forms Classification System. Procedure No. 550-010-001-a. Second Edition. 9.A.5.d Packet Pg. 1624 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) EXHIBIT 1 PROJECT LOCATION MAP 9.A.5.d Packet Pg. 1625 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) REVIEWED BY DRAWN BY REVISED DATE DATE DATE Gulf of Mexico WHITAKER RDWHITAKER RD LLAAKKEEWWOOOODDBBLLVVDDMANATEE RDMANATEE RDOOUUTTEERR DDRRPIER EPIER EPIER APIER AGGII NNLLNNDUDA RDDUDA RDBAYSHORE DRBAYSHORE DRTTOOWWEERR RRDDPALM DRPALM DRTT EE RR YYLLRRDDFRITCHEY RDFRITCHEY RDCOUNTY BARN RDCOUNTY BARN RDTRINITY PLTRINITY PLG E O R G I A A V E G E O R G I A A V E COPE LNCOPE LN CREWS RDCREWS RD MMAA RRSS HHDDRRTTAARRPPOONNRRDDRRUUMMRROOWWFL O R I D A N A V E FL O R I D A N A V E MM UUSSEEOOCCIIRRRIGGS RDRIGGS RDCCHHAAMMPPIIOONNSSHHIIPPDDRR GGAA LL LL EEOONNDDRRSS AA NN DDPPIIPPEERR DD RRCCEERRRROOMMAARRDDRR WWIILLDDFFLLOOWWEERR WW AA YY GREENWAY RDGREENWAY RDLLEELLYYRREESSOORRTTBBLLVVDDCCEELLEESSTTEEDDRRTTHHOOMMAASSSSOONN DDRR BB AA RR EE FF OO OOTTWWIILLLLIIAAMMSSRRDDGGRRAANNDDLLEELLYY DDRRSSAAII NN TT AA NN DD RR EEWWSSBBLLVVDDAAVVIIAAMMAA RRCCIIRRVVEERROONNAAWWAALL KK CCIIRR SSHHEELL LLIISS LL AA NN DD RR DD FF IIDD DD LLEERRSSCCRREEEEKKPP KK WW YYCOLLIER BLVD (SR 951)COLLIER BLVD (SR 951)SSAABBAALL PPAALLMM RRDD RRAATTTTLLEESSNNAAKKEE HHAAMMMMOOCCKK RRDD COLLIER BLVD (CR 951)COLLIER BLVD (CR 951)(/41 Gulf of MexicoLIVINGSTONRD SNAKERDALICO RD OIL WELL RD C O RKSCREW RD EVERGLADES BLVD¿À892 ¿À849 ¿À951 ¿À94 ¿À858 ¿À850 ¿À837 ¿À82 ¿À835 ¿À839 ¿À846 ¿À833 ¿À29 (/41 §¨¦75 C O L L I E RC O L L I E R H E N D R Y H E N D R Y L E E L E E M O N R O EM O N R O E ^^^ ^ ^ ^ ^ ^ ^ ^^ ^ ^^ ^ ^ MIAMI TAMPA NAPLES ORLANDO KEY WEST SARASOTA PENSACOLA FORT MYERS VERO BEACH LAKE PLACID PANAMA CITY GAINESVILLE TALLAHASSEE JACKSONVILLE DAYTONA BEACH FORT LAUDERDALE¶ PROJECT LOCATIONSEC 33, TWP 50 S, RNG 26 E EXHIBIT 1. PROJECT LOCATION MAP P.F. B.B. 5/1/23 5/1/23HOME DEPOT SOUTHEAST NAPLES 9.A.5.d Packet Pg. 1626 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) EXHIBIT 2 AERIAL WITH FLUCFCS AND WETLANDS MAP 9.A.5.d Packet Pg. 1627 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPROXIMATEP/L740(0.04 Ac.±)740(0.17 Ac.±)822(0.62 Ac.±)~US 41~~PENNY RD~~BAREFOOT WILLIAMS RD~~L I N D A A V E ~~2ND ST~~1ST ST~~HOWARD AVE~4159E4(3.60 Ac.±)6259E3(0.14 Ac.±)4159E3(0.41 Ac.±)6249E4(0.18 Ac.±)6249E3(5.92 Ac.±)4159E3(0.35 Ac.±)4159E3(1.60 Ac.±)437(0.74 Ac.±)J:\2022\22gfa3837\2023\Environmental Data Report\Exhibit 2 Aerial with FLUCFCS and Wetlands Map.dwg Tab: 17X11-C Jun 15, 2023 - 9:17am Plotted by: PaulFP.F.M.K.B.B.REVISIONS5/1/235/1/23DATEDATE5/1/23DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESAERIAL WITH FLUCFCS AND WETLANDS MAPSCALE: 1" = 150'EXHIBIT 2NOTES:AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGHTHE COLLIER COUNTY PROPERTY APPRAISER'SOFFICE WITH A FLIGHT DATE OF DECEMBER 2022.PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.FLUCFCS LINES ESTIMATED FROM 1"=200' AERIALPHOTOGRAPHS AND LOCATIONS APPROXIMATED.FLUCFCS PER FLORIDA LAND USE, COVER AND FORMSCLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999).UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWEDBY ANY REGULATORY AGENCY AND ARE SUBJECTTO CHANGE.LEGEND:SFWMD WETLANDS(6.24 Ac.±)9.A.5.dPacket Pg. 1628Attachment: Att C - EXHIBIT 3 LISTED SPECIES SURVEY REPORT 9.A.5.d Packet Pg. 1629 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) E3-1 HOME DEPOT SOUTHEAST NAPLES LISTED SPECIES SURVEY REPORT September 2022 1.0 INTRODUCTION This report documents the results of the listed species survey conducted by Passarella & Associates, Inc. on July 15, 2022 for Home Depot Southeast Naples (Project). The Project is located in Section 33, Township 50 South, Range 26 East, Collier County (Appendix A) and is comprised of 13.77± acres of forested lands, invaded by varying degrees of exotic vegetation. The Project is located along the south side of U.S. Highway 41, approximately 800 feet east of the intersection of Barefoot Williams Road and US 41. The Project is bordered to the north by U.S. 41; to the southeast by undeveloped forested land; to the southwest by a mobile home community; and to the west by undeveloped, improved land. 2.0 LITERATURE REVIEW AND FIELD SURVEY METHODOLOGY A literature review and field survey were conducted to determine whether the Project site was being utilized by state and/or federally listed species as identified by the Florida Fish and Wildlife Conservation Commission (FWCC) and the U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species of special concern. In addition, the property was surveyed for plant species listed by the Florida Department of Agriculture and Consumer Services and the USFWS as endangered, threatened, or commercially exploited and for plant species that are included on the Collier County Rare and Less Rare Plants lists (Land Development Code (LDC) Section 3.04.03). 2.1 Literature Review The literature review involved an examination of available information on listed species in the Project’s geographical region. The literature sources reviewed included: Florida’s Endangered and Threatened Species (FWCC 2021); Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991); National Bald Eagle Management Guidelines (USFWS 2007); the Florida Panther Habitat Preservation Plan (Logan et al. 1993); Landscape-Scale Conservation for the Florida Panther (Kautz et al. 2006); and USFWS, FWCC, and/or Audubon Eaglewatch databases for telemetry locations of the Florida panther (Puma concolor coryi), bald eagle (Haliaeetus leucocephalus), red- cockaded woodpecker (Picoides borealis), Florida scrub jay (Aphelocoma coerulescens), and wading bird rookeries (e.g., wood stork (Mycteria americana)) in Collier County. 9.A.5.d Packet Pg. 1630 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) E3-2 2.2 Field Survey The field survey was conducted during daylight hours by qualified ecologists walking parallel belt transects across the Project site. Transects were spaced to ensure that sufficient visual coverage of ground and flora was obtained. Approximate transect locations and spacing are shown on Appendix B. At regular intervals the ecologists stopped, remained quiet, and listened for wildlife vocalizations. The survey was conducted with the aid of 8x or 10x power binoculars. 3.0 RESULTS 3.1 Literature Review According to the Audubon EagleWatch and FWCC databases, the nearest bald eagle nest (CO062) is located approximately 1.3 miles to the southeast of the Project (Appendix C). The Project is located outside of the USFWS designated 660-foot buffer zone for bald eagle nests. The bald eagle is not a listed species but is protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The Florida Atlas of Breeding Sites for Herons and Their Allies (Runde et al. 1991) and the FWCC database were referenced for the locations of breeding colonies for both listed and non-listed wading birds including, but not limited to, snowy egret (Egretta thula), roseate spoonbill (Ajaia ajaja), little blue heron (Egretta caerulea), and tri-colored heron (Egretta tricolor). According to these sources, there are no wading bird colonies on-site or in the vicinity of the Project (Appendix C). The Project is located within the USFWS consultation area for the red-cockaded woodpecker (Appendix D). No red-cockaded woodpecker colonies or cavity trees have been documented on the Project site. The closest documented colonies are approximately 1.7 miles to the northeast of the Project site (Appendix D). The red-cockaded woodpecker is a state and federally listed endangered species. The Project is located within the USFWS consultation area for the Florida scrub jay (Appendix E); however, there are no documented occurrences of Florida scrub jays on the Project site and the Project does not contain scrub jay habitat. The nearest Florida scrub jay occurrence is located approximately 3.1 miles south of the Project site (Appendix E). The Florida scrub jay is a state and federally listed threatened species. The Project site is located within the USFWS Florida bonneted bat (Eumops floridanus) consultation area (Appendix F) and contains potential roosting and foraging habitat for the Florida bonneted bat. The Florida bonneted bat is a state and federally listed endangered species. The Project is located outside the limits of the USFWS Panther Focus Area. 9.A.5.d Packet Pg. 1631 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) E3-3 3.2 Field Survey The field survey was conducted on July 15, 2022. Weather conditions during the survey included partly cloudy skies, with east winds ranging from five to ten miles per hour, and temperatures in the high 80s. No listed wildlife species were documented on the property during the field survey. Scattered occurrences of two listed plant species were found on the Project site and included stiff-leaved wild pine (Tillandsia fasciculata) and inflated wild pine (Tillandsia balbisiana). Both species are listed as Less Rare Plants by the Collier County LDC. The stiff-leaved wild pine is also listed as state endangered, while the inflated wild pine is listed as state threatened. These epiphytic plant species were found scattered throughout the Project site located on live oaks (Quercus sp.), bald cypress (Taxodium distichum), and melaleuca (Melaleuca quinquenervia) (Appendix B). 4.0 SUMMARY The literature search and review of agency databases found no documented occurrences for listed species on, or within the vicinity of, the Project site. The closest bald eagle nest is located 1.3 miles southeast of the Project. The Project site is located within the USFWS consultation area for the red-cockaded woodpecker, Florida scrub jay, and Florida bonneted bat; and outside of the USFWS panther focus area. The July 15, 2022 field survey documented no listed wildlife species on the Project site. During the survey, two listed plant species were found on the property, the stiff-leaved wild pine and inflated wild pine. 5.0 REFERENCES Florida Fish and Wildlife Conservation Commission. 2021. Florida’s Endangered and Threatened Species. Official Lists, Bureau of Non-Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation Commission. Tallahassee, Florida. Kautz, R., R. Kawula, T. Hoctor, J. Comiskey, D. Jansen, D. Jennings, J. Kasbohm, F. Mazzotti, R. McBride, L. Richardson, K. Root. 2006. How much is enough? Landscape-scale conservation for the Florida panther. Biological Conservation, Volume 130, Issue 1, Pages 118-133 Logan, Todd, Andrew C. Eller, Jr., Ross Morrell, Donna Ruffner, and Jim Sewell. 1993. Florida Panther Habitat Preservation Plan South Florida Population. U.S. Fish and Wildlife Service; Gainesville, Florida. Runde, D.E., J.A. Gore, J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986 - 1989. Nongame Wildlife 9.A.5.d Packet Pg. 1632 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) E3-4 Program Technical Report No. 10. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. 9.A.5.d Packet Pg. 1633 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPENDIX A PROJECT LOCATION MAP 9.A.5.d Packet Pg. 1634 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) REVIEWED BY DRAWN BY REVISED DATE DATE DATE Gulf of Mexico WHITAKER RDWHITAKER RD LLAAKKEEWWOOOODDBBLLVVDDMANATEE RDMANATEE RDOOUUTTEERR DDRRPIER EPIER EPIER APIER AGGII NNLLNNDUDA RDDUDA RDBAYSHORE DRBAYSHORE DRTTOOWWEERR RRDDPALM DRPALM DRTT EE RR YYLLRRDDFRITCHEY RDFRITCHEY RDCOUNTY BARN RDCOUNTY BARN RDTRINITY PLTRINITY PLG E O R G I A A V E G E O R G I A A V E COPE LNCOPE LN CREWS RDCREWS RD MMAA RRSS HHDDRRTTAARRPPOONNRRDDRRUUMMRROOWWFL O R I D A N A V E FL O R I D A N A V E MM UUSSEEOOCCIIRRRIGGS RDRIGGS RDCCHHAAMMPPIIOONNSSHHIIPPDDRR GGAA LL LL EEOONNDDRRSS AA NN DDPPIIPPEERR DD RRCCEERRRROOMMAARRDDRR WWIILLDDFFLLOOWWEERR WW AA YY GREENWAY RDGREENWAY RDLLEELLYYRREESSOORRTTBBLLVVDDCCEELLEESSTTEEDDRRTTHHOOMMAASSSSOONN DDRR BB AA RR EE FF OO OOTTWWIILLLLIIAAMMSSRRDDGGRRAANNDDLLEELLYY DDRRSSAAII NN TT AA NN DD RR EEWWSSBBLLVVDDAAVVIIAAMMAA RRCCIIRRVVEERROONNAAWWAALL KK CCIIRR SSHHEELL LLIISS LL AA NN DD RR DD FF IIDD DD LLEERRSSCCRREEEEKKPP KK WW YYCOLLIER BLVD (SR 951)COLLIER BLVD (SR 951)SSAABBAALL PPAALLMM RRDD RRAATTTTLLEESSNNAAKKEE HHAAMMMMOOCCKK RRDD COLLIER BLVD (CR 951)COLLIER BLVD (CR 951)(/41 Gulf of MexicoLIVINGSTONRD SNAKERDALICO RD OIL WELL RD C O RKSCREW RD EVERGLADES BLVD¿À892 ¿À849 ¿À951 ¿À94 ¿À858 ¿À850 ¿À837 ¿À82 ¿À835 ¿À839 ¿À846 ¿À833 ¿À29 (/41 §¨¦75 C O L L I E RC O L L I E R H E N D R Y H E N D R Y L E E L E E M O N R O EM O N R O E ^^^ ^ ^ ^ ^ ^ ^ ^^ ^ ^^ ^ ^ MIAMI TAMPA NAPLES ORLANDO KEY WEST SARASOTA PENSACOLA FORT MYERS VERO BEACH LAKE PLACID PANAMA CITY GAINESVILLE TALLAHASSEE JACKSONVILLE DAYTONA BEACH FORT LAUDERDALE¶ PROJECT LOCATIONSEC 33, TWP 50 S, RNG 26 E APPENDIX A. PROJECT LOCATION MAP P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES 9.A.5.d Packet Pg. 1635 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPENDIX B AERIAL WITH BOUNDARY, SURVEY TRANSECTS, AND LISTED SPECIES LOCATIONS 9.A.5.d Packet Pg. 1636 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPROXIMATEP/L~US 41~~HOWARD AVE~~2ND ST~~1ST ST~~L I N D A A V E ~~PENNY RD~~BAREFOOT WILLIAMS RD~J:\2022\22gfa3837\2022\LSS\Appendix B Aerial with Boundary and Survey Transects.dwg Tab: 17X11-C Sep 21, 2022 - 1:08pm Plotted by: PaulFP.F.B.B.B.B.REVISIONS8/9/228/9/22DATEDATE8/9/22DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESAERIAL WITH BOUNDARY AND SURVEY TRANSECTSSCALE: 1" = 150'APPENDIX BNOTES:AERIAL PHOTOGRAPHS WERE ACQUIRED THROUGHTHE COLLIER COUNTY PROPERTY APPRAISER'SOFFICE WITH A FLIGHT DATE OF DECEMBER 2021.PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.LEGEND:APPROXIMATE LOCATION OFSURVEY TRANSECTS9.A.5.dPacket Pg. 1637Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPENDIX C DOCUMENTED OCCURRENCES OF LISTED SPECIES 9.A.5.d Packet Pg. 1638 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) DRAWN BY REVIEWED BY REVISED DATE DATE DATE                 LEGEND  A  !( !H  l  !F  0 1 2Miles ¶ APPENDIX C. DOCUMENTED OCCURRENCES OF LISTED SPECIES P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES !(!(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!(!(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!( !( !( !(!(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!( !( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !(!( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!(!( !( !( !(!( !( !(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !(!(!( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!( !( !( !( !( !( !( !(!(!( !( !(!( !( !( !( !( !( !( !(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !(!(!( !( !( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !(!( !( !( !(!( !( !( !(!( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !( !( !(!( !(!( !(!( !( !( !( !( !( !(!( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!( !( !(!( !( !(!(!( !( !( !( !( !(!(!(!( !( !(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !( !(!(!(!( !( !(!(!(!(!( !( !(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !(!(!( !( !( !( !( !( !(!(!( !( !( !( !( !(!(!(!( !( !( !( !( !( !(!(!(!(!(!( !( !(!(!(!(!(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!( !( !(!(!(!(!(!(!(!( !( !(!(!( !( !(!(!( !( !(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!( !( !(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !( !(!(!(!(!(!(!(!(!( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!( !( !(!(!(!( !( !(!( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!( !( !( !(!( !( !(!(!(!(!( !( !(!( !( !(!( !( !(!(!(!(!( !( !(!( !( !(!( !( !(!( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!( !( !( !( !(!( !( !(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!( !( !( !( !(!(!(!( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!( !F !H!H!H !H !H !H !H !H!H !H !H !H !H !H !H !H !H!H !H!H !H !H !H !H !H!H !H l l A A A A A A A A A A A A AA A A A A A A A A A A A A A A A A A A A A A A A A A Gulf of MexicoFERN S T THOMASSON DRPALMDRBAYSHORE DRCOUNTY BARN RDL A K E W O O D BLVDESTEY AVERATTLESNAKE HAMMOCK DAVIS BLVD ¿À951 (/41 PROJECT LOCATION 9.A.5.d Packet Pg. 1639 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples APPENDIX D RCW CONSULTATION AREA WITH LOCATIONS 9.A.5.d Packet Pg. 1640 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) !H !H !H !H !H!H !H !H !H !H !H !H !H !H !H!H !H!H !H !H !H !H !H !H!H !H !H !H !H !H !H !H !H !H !H !H !H!H !H !H!H!H !H !H !H!H !H!H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H !H Gulf of Mexico (/41 C O L L I E RC O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O EM O N R O E §¨¦75 REVISED DATE REVIEWED BY DRAWN BY DATE DATE        LEGEND  !H   APPENDIX D. RCW CONSULTATION AREA WITH LOCATIONS P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES PROJECT LOCATION 0 3 6Miles ¶ 9.A.5.d Packet Pg. 1641 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPENDIX E SCRUB JAY CONSULTATION AREA WITH LOCATIONS 9.A.5.d Packet Pg. 1642 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) l l l ll l l l l l l ll l l l l l ll l Gulf of Mexico (/41 C O L L I E R C O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O EM O N R O E §¨¦75 REVIEWED BY DRAWN BY REVISED DATE DATE DATE       LEGEND  l   APPENDIX E. SCRUB JAY CONSULTATION AREA WITH LOCATIONS P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES 0 3 6Miles ¶ PROJECT LOCATION 9.A.5.d Packet Pg. 1643 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPENDIX F FLORIDA BONNETED BAT CONSULTATION AREA AND PROPOSED CRITICAL HABITAT MAP 9.A.5.d Packet Pg. 1644 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Gulf of Mexico C O L L I E R C O L L I E R H E N D R YH E N D R Y L E E L E E M O N R O E M O N R O E (/41 §¨¦75 REVISED DATE REVIEWED BY DRAWN BY DATE DATE 0 3 6Miles ¶        LEGEND    APPENDIX F. FLORIDA BONNETED BAT CONSULTATION AREA AND PROPOSED CRITICAL HABITAT MAP P.F. B.B. 8/9/22 8/9/22HOME DEPOT SOUTHEAST NAPLES PROJECT LOCATION 9.A.5.d Packet Pg. 1645 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) EXHIBIT 4 NATIVE AND NON-NATIVE HABITAT MAP 9.A.5.d Packet Pg. 1646 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) APPROXIMATEP/L740(0.04 Ac.±)740(0.17 Ac.±)822(0.62 Ac.±)~US 41~~PENNY RD~~BAREFOOT WILLIAMS RD~~L I N D A A V E ~~2ND ST~~1ST ST~~HOWARD AVE~4159E4(3.60 Ac.±)6259E3(0.14 Ac.±)4159E3(0.41 Ac.±)6249E4(0.18 Ac.±)6249E3(5.92 Ac.±)4159E3(0.35 Ac.±)4159E3(1.60 Ac.±)437(0.74 Ac.±)J:\2022\22gfa3837\2023\Environmental Data Report\Exhibit 4 Native and Non-Native Habitat Map.dwg Tab: 17X11-C Jun 15, 2023 - 9:18am Plotted by: PaulFP.F.M.K.B.B.REVISIONS5/1/235/1/23DATEDATE5/1/23DATEDRAWING No.SHEET No.22GFA3837DATE13620 Metropolis AvenueSuite 200Ft. Myers, FL 33912Phone (239) 274-0067Fax (239) 274-0069DRAWN BYDESIGNED BYREVIEWED BYHOME DEPOT SOUTHEAST NAPLESNATIVE AND NON-NATIVE HABITAT MAPSCALE: 1" = 150'EXHIBIT 4NOTES:PROPERTY BOUNDARY ESTIMATED FROM THE COLLIERCOUNTY PROPERTY APPRAISER'S GIS WEBSITE.FLUCFCS LINES ESTIMATED FROM 1"=200' AERIALPHOTOGRAPHS AND LOCATIONS APPROXIMATED.FLUCFCS PER FLORIDA LAND USE, COVER AND FORMSCLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999).UPLAND/WETLAND LIMITS HAVE NOT BEEN REVIEWEDBY ANY REGULATORY AGENCY AND ARE SUBJECTTO CHANGE.LEGEND:SFWMD WETLANDS(6.24 Ac.±)NATIVE VEGETATION(8.42 Ac.±)9.A.5.dPacket Pg. 1647Attachment: Att C - 9.A.5.d Packet Pg. 1648 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1649 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1650 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1651 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1652 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1653 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1654 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1655 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1656 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1657 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1658 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1659 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1660 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1661 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1662 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1663Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.d Packet Pg. 1664 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1665 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1666 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1667 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1668 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1669Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.d Packet Pg. 1670 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1671 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1672 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.d Packet Pg. 1673 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1674Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.dPacket Pg. 1675Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.dPacket Pg. 1676Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.dPacket Pg. 1677Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.d Packet Pg. 1678 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1679Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.d Packet Pg. 1680 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.dPacket Pg. 1681Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.dPacket Pg. 1682Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples The Home Depot – SE Naples CPUD (PL20220000543) Deviation Justification November 7, 2023 Deviation Justification-r3.docx Page 1 of 4 Q. Grady Minor & Associates, P.A. 3800 Via Del Rey, Bonita Springs, FL 34134  239-947-1144  engineering@gradyminor.com  www.gradyminor.com 1. Deviation #1 requests relief from LDC Section 4.05.04.E, Parking Space Requirements, which states required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code to instead allow a reduction up to 10% of the required parking to meet landscape requirements within the vehicular use area and provide adequate stormwater facilities. Justification: The deviation to allow a reduced parking requirement is warranted to allow for interior landscape islands and foundation plantings to be maximized to the fullest extent possible, as well as allowing a fully contiguous native plant area to be preserved. Local practice, observation, and operation of comparable developments indicate no parking problems associated with a reduction in provided parking. 2. Deviation #2 request relief from LDC 5.05.08, Deviations and alternate compliance, which authorizes the County Manager or designee to administratively approve deviations from compliance with Section 5.05.08 of the LDC for specific types of buildings to allow the Home Improvement Stores that can be constructed within the PUD to be eligible for this deviation process. Justification: The Home Depot is a home improvement superstore and has a more unique building floor plan and operational characteristics than typical retail stores. The store concept relies on high rack storage within the building and along the exterior building interior wall space making typical massing elements and glazing standards almost impossible to address per the LDC requirements for retail buildings. Further, the Home Depot concept has an attached outdoor garden center which also makes it impossible to provide required glazing. The proposed Home Depot elevations represent a new building elevation for Home Depot. While many elements of the LDC architectural building elevations have been incorporated into the new design. The deviation and alternate compliance process will allow the applicant and staff to work together to insure the new Home Depot prototype store can achieve design elements consistent with the architectural rendering. 3. Deviation 3 requests relief from LDC Section 5.06.04.F.4., Wall Sign standards, which states One wall, mansard, canopy or awning sign shall be permitted for each single-occupancy parcel, or for each unit in a multiple-occupancy parcel. End units within shopping centers and multiple- occupancy parcels, or single occupancy parcel where there is a double frontage on a public right- of-way, to instead be allowed an additional wall sign, not exceeding 35 square feet in size, on a second building elevation not fronting a public-right-of-way. Justification: The Home Depot has a 137,000 square foot building footprint with unique operational characteristics from traditional home improvement retail stores. The deviation request will 9.A.5.d Packet Pg. 1683 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) November 7, 2023 Deviation Justification-r3.docx Page 2 of 4 allow Home Depot to provide an additional sign on a building wall not fronting a right-of-way, primarily acting as a directional sign for users circulating the unconventional entry points to the building. This additional sign will not be visible from the public right-of-way and will be visually screened by the required landscape buffers and interior landscaping. 4. Deviation 4 requests relief from LDC Section 5.06.04.F.4.a., Wall Sign standards, which states the maximum allowable display area for signs shall not be more than 20 percent of the total square footage of the visual façade including windows of the building or unit to which the sign will be attached and shall not, in any case, exceed 250 square feet for buildings over 60,000 square feet in area to instead be allowed the maximum allowable display area of 354 square feet for the sign fronting Tamiami Trail East. Justification: The Home Depot has a 137,000 square foot building footprint with unique operational characteristics due to site constraints and interior circulation patterns from traditional home improvement retail stores. This deviation request allows for an increase in the allowable square footage to add signage at two distinct operational aspects of the building to assist directing customers toward the appropriate part of the store (Main Entrance, Garden Center, and TRC Rental) when accessing the site. The design elements of the proposed façade also promote the need for the additional sign square footage due to limited visibility for customers once within the property. This request is to accommodate a 247 square foot The Home Depot sign, a 72 square foot Garden Center sign, and a 35 square foot Rental sign. The Home Depot structure has a 137,000 square foot building footprint with 19,000 square feet of front façade area. The scale of the signage permitted by code would also be inconsistent with the scale of the structure and an aesthetic deterrent to the architectural intent. The requested deviation would provide an average ratio of less than 2.0% of the building wall signage compared to the square footage of the building wall area. 5. Deviation 5 requests relief from LDC Section 4.02.12, Design Standards for Outdoor Storage which requires all permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level, to instead permit the proposed 6’ high wall within the Type A buffer to satisfy this requirement for the areas shown as material storage on the PUD master plan. The areas utilized for equipment, rental vehicles, and display, are not required to be screened. Justification: The material storage areas are largely depicted in areas not visible to the public and are over 300’ from U.S. 41. These areas will not be visible to motorists or the public due to the presence of the building, landscape buffers and parking lot landscaping. The proposed 6’ high wall will be installed on filled land, making the effective height that otherwise required by Section 4.02.12. 9.A.5.d Packet Pg. 1684 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) November 7, 2023 Deviation Justification-r3.docx Page 3 of 4 EXHIBIT E1 – BUILDING FAÇADE 9.A.5.dPacket Pg. 1685Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples November 7, 2023 Deviation Justification-r3.docx Page 4 of 4 EXHIBIT E2 – WALL SIGNS 9.A.5.d Packet Pg. 1686 Attachment: Att C - PL20220000543 CCPC Backup (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1687 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1688 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1689 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1690 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1691 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1692 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1693 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1694 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1695 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1696 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1697 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1698 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1699 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1700 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1701 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1702 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1703 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1704 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1705 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1706 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1707 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1708 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1709 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1710 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1711 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1712 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1713 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1714 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1715 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1716 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1717 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1718 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1719 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1720 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1721 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1722 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1723 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1724 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1725 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1726 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1727 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1728 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1729 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1730 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.e Packet Pg. 1731 Attachment: Att D - Ordinance 92-043 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.fPacket Pg. 1732Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com Project Location Map NOTICE OF NEIGHBORHOOD INFORMATION MEETING PETITIONS: PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict; and PL20220000543 – The Home Depot – SE Naples CPUD Rezone 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., representing Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. (Applicant) will be held March 13, 2023, 5:30 pm in the South Regional Library Meeting Room, 8065 Lely Cultural Parkway, Naples, FL 34113. Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. has submitted formal applications to Collier County, seeking approval of a Small Scale Growth Management Plan Amendment (GMPA) establishing the Home Depot - SE Naples Commercial Subdistrict and Commercial Planned Unit Development (CPUD) rezone to allow development of a maximum of 140,000 square feet of commercial uses consistent with the existing C-3, Commercial Intermediate District and a home improvement store use. The subject property is comprised of 13.77± acres and is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road. in Section 33, Township 50 South, Range 26 East, Collier County, Florida. 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. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. PROJECT INFORMATION GRADYMINOR.COM/PLANNING 9.A.5.f Packet Pg. 1733 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 1NAME1 NAME2 NAME3 NAME4 NAME5 NAME6 LEGAL1 LEGAL2 LEGAL3 LEGAL4 FOLIO ADDRESSTYPEADAM JR, GLORIA A & FREDERICK 108 HAWTHORNE CTWYOMISSING, PA 19610---0 HITCHING POST MOBILE HOME COOP LOT #27650865005504 UADAMSKI, DAVID E DONALD J ADAMSKI 14700 S M43 HWYHICKORY CORNERS, MI 49060---0 HITCHING POST MOBILE HOME COOP LOT #19050865003784 UADEE, JOHN P & LORI A CAROLYN S & DAN J TIMM 4192 LEHIGHTON DOWNS DR ROCKFORD, IL 61101---0 HITCHING POST MOBILE HOME COOP LOT #35950865007162 UAJAX, PATRICIA A 10 SPANISH TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #26050865005180 UAKERS SURVIVORS TRUST 30 LUCAS DRPALOS HILLS, IL 60465---0 HITCHING POST MOBILE HOME COOP LOT #16850865003344 UALLEN, PAUL E & SARAH P 1 NATCHEZ TRLNAPLES, FL 34113---7969 HITCHING POST MOBILE HOME COOP LOT #28750865005724 UALMEIDA, ANTONIO & MARIA 14 1/2 WHITSBOROUGH STTAUNTON, MA 02780---0 HITCHING POST MOBILE HOME COOP LOT #22350865004440 UANDERSON, NORMAN E & BEVERLY J PAUL E=& HEATHER L ANDERSON 11215 OAKLEIGH DRMIDDLEVILLE, MI 49333---0 HITCHING POST MOBILE HOME COOP LOT #14650865002905 UANDREWS, PIERRE CHRISTINE M ROBBINS 13 BUTTERFIELD TRL NAPLES, FL 34113---7901 HITCHING POST MOBILE HOME COOP LOT #23950865004767 UANSTETT, SUSAN GLORIA 4 OREGON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #7250865001427 UARMSTRONG, MILDA FAYE GLENN TIMOTHY ARMSTRONG 611 TWELVE OAKS DRIVE MT WASHINGTON, KY 40047---0 HITCHING POST MOBILE HOME COOP LOT #17550865003483 UARMSTRONG, MOLLY TIMOTHY CHANCELLOR 38 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #20550865004084 UASSOCIATED REAL ESTATE SW INC 7995 MAHOGANY RUN LNNAPLES, FL 34113---1625 LELY RESORT PHASE SIX TRACT "A" (D.E)55440000259 UBACE JR, CHARLES WILLIAM 11 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #22450865004466 UBADER, RONALD G CARMELITA C BADER 1380 W WISCONSIN AVE #320 OCONOMOWOC, WI 53066---0 HITCHING POST MOBILE HOME COOP LOT #26150865005203 UBALLMAN JR, WILLIAM JAMES ROSALIE MARIE BALLMAN 27 CHEYENNE TRLNAPLES, FL 34113---7943 HITCHING POST MOBILE HOME COOP LOT #12250865002426 UBAREFOOT 11700 LLC PO BOX 5319BUFFALO GROVES, IL 60089---0 33 50 26 COMM AT THE W1/4 CNR OF SEC 33, PROCEED NLY ALG SEC LINE N 02DEG 49'48"E 884.91FT TO A PT ON THE S R/W LINE OF 00447760107 UBARRY, WALLACE J & LAURI A 7 OREGON TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #6950865001362 UBELCHER, LARRY M & SANDY L JEFFREY MICHAEL BELCHER NANCY ELIZABETH TUTTLE 107 STONEWALL DR SAVANNAH, GA 31419---3272 HITCHING POST MOBILE HOME COOP LOT #18550865003687 UBERGER, GLENN R & ROSEMARY A N 7386 ALBANYMONDOVI, WI 54755---0 HITCHING POST MOBILE HOME COOP LOT #29150865005805 UBLUE MARBLE REALTY TRUST 23 CHEROKEE TRNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #35650865007104 UBOGGS, LESLIE A 1394 RIDGECREST CTFAIRBORN, OH 45324---5912 HITCHING POST MOBILE HOME COOP LOT #24550865004880 UBOLDUC, RICHARD A MARY E BOLDUC 69 HIGH STASSONET, MA 02702---1706 HITCHING POST MOBILE HOME COOP LOT #9150865001809 UBONNIE M HENSLEY TRUST 20 PECOS TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #33550865006684 UBOUCHARD, DIANE ANDREWS JEAN-YVES BOUCHARD 6 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #31850865006341 UBOUCHARD, DIANE ANDREWS JEAN-YVES BOUCHARD STEVE BOUCHARD 3 PECOS TRAIL NAPLES, FL 34113---7952 HITCHING POST MOBILE HOME COOP LOT #32250865006422 UBOUCHARD, DIANE ANDREWS STEVE BOUCHARD 4 PECOS TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #34350865006846 UBOUCHARD, STEVE DIANE ANDREWS BOUCHARD 33 CIMMARON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #9950865001964 UBOUR, PATRICIA J BRUCE E PAGE 12409 FOX RUN CTHUNTLEY, IL 60142---7418 HITCHING POST MOBILE HOME COOP LOT #35050865006985 UBOURGET, 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Therefore, the recipient agrees not to represent this data to anyone as other than CCPA provided data. The recipient may not transfer this data to others without consent from the CCPA.Petition: PL20220000543 and PL20220000946 | Buffer: 500' | Date: 1/11/2023 | Site Location: 447480005 See others on formCopy of POList_500.xls9.A.5.fPacket Pg. 1734Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 2FRYE, JOHN JEANNIE FRYE 4 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #18950865003768 UGAUTHIER, MARIE F RICHARD GAUTHIER 39 CHEROKEE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #24350865004848 UGAUVIN, JOCELYNE 12 ABILENE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #19350865003849 UGERALDINE CRISCILLO TRUST 1 CIMMARON TRLNAPLES, FL 34113---7986 HITCHING POST MOBILE HOME COOP LOT #3450865000664 UGIANNOLA, JEFFREY A TERESA A ONDRUS 4118 STARR AVEOREGON, OH 43616---0 HITCHING POST MOBILE HOME COOP LOT #5650865001100 UGRANDAL, MERCEDES L CESAR A HERNANDEZ-CRUZ 28 CHISHOLM TRLNAPLES, FL 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#4250865000826 UTALLACKSON, TERRY L BONNIE J HINIKER 1286 SHADYWOOD SHORES DR NW PINE RIVER, MN 56474---0 HITCHING POST MOBILE HOME COOP LOT #16450865003263 UTAMIAMI HABITAT LLC 4980 TAMIAMI TR N #201NAPLES, FL 34103---0 33 50 26 COMM SE CNR OF SEC 33, N 89 DEG W 218.47FT TO SWLY R/W US 41, N 54 DEG W 466.95FT, N 54 DEG W 00447360002 UTAN, YIP H 20 OSAGE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #11450865002264 UTATE, MICHAEL J NICOLE N TATE 16228 WINDWOOD BEACH DR LINDEN, MI 48451---0 HITCHING POST MOBILE HOME COOP LOT #26550865005287 UTATTOLI, PAULA LINDA L SILVA DIANE M LOESNER TIMOTHY A FLETCHER 1 CHEYENNE TRL NAPLES, FL 34113---7943 HITCHING POST MOBILE HOME COOP LOT #13550865002688 UTAYLOR, DONALD M JEANNE A TAYLOR 13324 EASTGATE VILLAGE DR LOUISVILLE, KY 40223---4786 HITCHING POST MOBILE HOME COOP LOT #28650865005708 UTHOMPSON FAMILY R/L TRUST 33 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #17150865003409 UTIMBURY, PATRICIA S F DAVID S 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#35850865007146 UWILLIAM C & JOAN R TRUHLSEN JOINT TRUST 28 ABILENE TRLNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #20150865004000 UWILLIAM J REID JR F/I TRUST NANCY M REID FAM IRREV TRUST 26 GREENFIELD TERRACE SCITUATE, MA 02066---0 HITCHING POST MOBILE HOME COOP LOT #17650865003506 UWILLIAMS, ARCHIE C GOLDIE LYNN WILLIAMS 17 OREGON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #6450865001265 UWILLIAMSON, JEFFREY & DIANE 4840 ECHO SPRINGS ST NWNORTH CANTON, OH 44720---0 HITCHING POST MOBILE HOME COOP LOT #28450865005669 UWILLICK, GARY & SALLY 2135 GODFREY AVE SWWYOMING, WI 49509---0 HITCHING POST MOBILE HOME COOP LOT #27250865005423 UWILM, PAUL 201 SPRINGBROOK CTMCHENRY, IL 60050---0 HITCHING POST MOBILE HOME COOP LOT #13450865002662 UWISE III, JOSEPH B & DEBRA A 9143 CRANESBILL TRACEPROSPECT, KY 40059---0 HITCHING POST MOBILE HOME COOP LOT #10650865002109 UWISEMAN, VICKI LYNN 11630 W 62ND PL #102ARVADA, CO 80004---0 HITCHING POST MOBILE HOME COOP LOT #24750865004929 UWOLFENSON, LOUIS B ELLEN WOLFENSON 39 CIMMARON TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #10150865002002 UWOLZ, PAUL J JUDITH L WOLZ 6706 COPPERFIELD RD LOUISVILLE, KY 40207---0 HITCHING POST MOBILE HOME COOP LOT #6650865001304 UWOODLEY, FRANKLIN DONNA WOODLEY 2 CHEYENNE TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #15650865003108 UWOODWORTH, RICHARD L KATHRYN J WOODWORTH 7873 S SUGAR ISLAND RD CHEBANSE, IL 60922---0 HITCHING POST MOBILE HOME COOP LOT #11150865002206 UWOOTEN, HENRY S & KAROLYN K 5 ARAPAHO TRAILNAPLES, FL 34113---0 HITCHING POST MOBILE HOME COOP LOT #22150865004408 UYBARRA, JANE & JOHN 2912 OVERLOOK DRFORT WAYNE, IN 46808---0 HITCHING POST MOBILE HOME COOP LOT #36550865007285 UYENTES, VIVIAN REBECCA GOLEMBISKI 22 OSAGE TRLNAPLES, FL 34113---7971 HITCHING POST MOBILE HOME COOP LOT #11550865002280 UZAVALA, MANUEL & CARMEN 12028 SITTERLEY STNAPLES, FL 34113---7920 HABITAT VILLAGE BLK A LOT 248600000187 UZICK, VERL DALE & SANDRA M KEVIN ANDREW ZICK 711 GLENWOOD DRELK RAPIDS, MI 49629---0 HITCHING POST MOBILE HOME COOP LOT #23450865004660 UBROWN EST, EDWARD H % GEORGES DESROSIERS 210-4540 PROMENADE PATON LAVAL H7W 4W6 CANADA HITCHING POST MOBILE HOME COOP LOT #32150865006406 FDESBIENS, JEAN-YVES JOHANNE BOURGET 4540 CH ST ANDREJONQUIERE G7X 7V4 CANADA HITCHING POST MOBILE HOME COOP LOT #2050865000389 FDICE, JOHN N LISE SAUVE 6227 164 E AVEBAINSVILLE K0C 1E0 CANADA HITCHING POST MOBILE HOME COOP LOT #30550865006082 FDROLET, RICHARD VERONIQUE COMEAU 1202 RUE BEAUSEJOUR QUEBEC G3G 2 CANADA HITCHING POST MOBILE HOME COOP LOT #16050865003182 FJACKSON, KIRK CAROLE LAFORTE 58 BERGEY STCAMBRIDGE N3C 1P6 CANADA HITCHING POST MOBILE HOME COOP LOT #3850865000745 FJUNG ET AL, MICHEL 16625 RUE DE LA MOUSSONMARIBEL J7J 2P1 CANADA HITCHING POST MOBILE HOME COOP LOT #9550865001883 FKASABOSKI, DAN BETTY KASABOSKI 1808 KINGSDALE AVE OTTAWA KIT 148 CANADA HITCHING POST MOBILE HOME COOP LOT #6150865001207 FMACKENZIE, STUART & SAUNDRA 554 TOWER RDHALIFAX B3H 2X5 CANADA HITCHING POST MOBILE HOME COOP LOT #28350865005643 FCopy of POList_500.xls9.A.5.fPacket Pg. 1737Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 5MORIN, HELENE ANDREWS DIANE ANDREWS BOUCHARD 1266 RUE DU VISONL'ANCIENNE-LORET 62E 1V9 CANADA HITCHING POST MOBILE HOME COOP LOT #7750865001524 FMURCH, KEITH D CATHERINE A MURCH 799 RIVERSIDE DRCAMBRIDGE N3H 2V1 CANADA HITCHING POST MOBILE HOME COOP LOT #23550865004686 FPETTERSON, LORNE & LISA 16 NEWTON CRES PO BOX 835DEEP RIVER K0J 1P0 CANADA HITCHING POST MOBILE HOME COOP LOT #2250865000428 FPICHE, JACQUES LYNE MORIN MARCEL=& MARIE JEANNE PICHE 160 TUBMAN RD CAMPBELL'S BAY J0X 1K0 CANADA HITCHING POST MOBILE HOME COOP LOT #17250865003425 FPIUZE, MICHELE 2818 BOUL LAURIERQUEBEC G1V 0E2 CANADA HITCHING POST MOBILE HOME COOP LOT #16750865003328 FRICHARD, LYNE SYLVAIN BRUNEAU 281 ST-LUC # 1QUEBEC G1N 2S4 CANADA HITCHING POST MOBILE HOME COOP LOT #29650865005902 FROBERGE, DIANE 305 415 RUE DC LATMOSHEREGATINEAU J9J 0W8 CANADA HITCHING POST MOBILE HOME COOP LOT #2150865000402 FSANDERS, GARY & SANDRA MELISSA SANDERS MARK SANDERS 152 DES BOULEAUX LES COTEAUX J7X 1A2 CANADA HITCHING POST MOBILE HOME COOP LOT #7050865001388 FTODHUNTER ET AL, CHARLES C 2003 OVERBROOK CRSSUDBURY P3A 5J5 CANADA HITCHING POST MOBILE HOME COOP LOT #11950865002361 FTREMBLAY ET AL, THERESE 374 DES BOULEAUXMONTREAL H1B 5L2 CANADA HITCHING POST MOBILE HOME COOP LOT #32350865006448 FTREMBLAY, MAURICE GAETANE GAGNE 1295 GUERARDALMA G8B 6K7 CANADA HITCHING POST MOBILE HOME COOP LOT #27550865005481 FWARNE, DOROTHY M MARJORIE L TUNNEY 110 PARK RD N #107OSHAWA LIJ 4L3 CANADA HITCHING POST MOBILE HOME COOP LOT #15050865002989 FWINDIBANK, CORY SHARON WINDIBANK 12338 ARBOUR STREET TECVITISEH N8N 1P2 CANADA HITCHING POST MOBILE HOME COOP LOT #18350865003645 FHITCHING POST MOBILE HOM E PARK (COOP)HITCHING POST MOBILE HOME PARK (COOP)hrd_parcel_id: 50864999996 446880004Copy of POList_500.xls9.A.5.fPacket Pg. 1738Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PA R T O FT H E U SA T0 l)AY N ETW O RK P u b lis h e d D a ily N a p le s , F L 3 4 1 1 0 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. 2/17/2023 "' Subscribed and sworn to before on February 17th, 2023 PUBLICATION COST: $1,008.00 AD NO: GCl1019335 CUSTOMER NO: 531419 PO#: PUBLIC NOTICE AD SIZE: DISPLAY AD W/ MAP 3X10 NANCY HEYRMAN Notary Public State of Wisconsin ----~-..._ , _, 9.A.5.f Packet Pg. 1739 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) NOTICE O F NEIGHBORHOO D INFORM ATIO N M EETING PETITIONS: PL20220000946 - The Home Depot - SE Naples Commercial Subdistrict; and PL20220000543 - The Home Depot - SE Naples CPUD Rezone 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., representing Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. (Applicant) will be held March 13, 2023, 5:30 pm in the South Regional Library Meeting Room, 8065 Lely Cultural Parkway, Naples, FL 34113. Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A. has submitted formal applications to Collier County, seeking approval of a Small Scale Growth Management Plan Amendment (GMPA) establishing the Home Depot - SE Naples Commercial Subdistrict and Commercial Planned Unit Development (CPUD) rezone to allow development of a maximum of 140,000 square feet of commercial uses consistent with the existing C-3, Commercial Intermediate District and a home improvement store use. The subject property is comprised of 13. 77 ± acres and is located on the south side of Tamiami Trail East (U.S. 41), approximately 650 feet east of Barefoot Williams Road. in Section 33, Township 50 South, Range 26 East, Collier County, Florida. 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 Neighborhood Information Meeting is for informational purposes, it is not a public hearing. *Remote participation is provided as a courtesy and is at the user's risk. The applicant and GradyMinor are not responsible for technical issues. The Collier County Public Library does not sponsor or endorse this program. 9.A.5.f Packet Pg. 1740 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 1 of 13 Wayne Arnold: Hello, I'm with Grady Minor and Associates. We're here representing Home Depot on a new proposed project out on Tammy New Trail East. I'm going to make a few introductions. This is Sharon Umpenhour with our firm. She's going to be doing the audio and visual work and recording the meeting. The county requires that we record these meetings, so going to ask that we speak one at a time. We have a microphone here for people to ask questions so that the transcript can be clear. And then our planning commission members and staff and the board of county commissioners all review those, so we want the record to be clear. I'm going to make some other introductions. We have Trey Conway, Hamilton Williams, they're with a firm that's helping Home Depot. We have Norm Trebilcock, who's our transportation engineer in the project. We have Bethany Broaches, she's the biologist on the job, and Rich Yovanovich is our land use council. We have two representatives from Collier County Government here. We have Laura DeJohn, she's with the zoning staff, and Rachel Hansen, who's with the Long Range Planning Group. Because we're here, we have two applications pending with the county. We have a small-scale comprehensive plan amendment. So, we're amending the future land use map for the county in order to establish a new subdistrict that would allow for the Home Depot and other commercial uses. Then, we also have a companion zoning application that's called a planning and development rezoning that's circulating, and that really establishes the specific use. I'm going to go through a short presentation and then we'll have a question and answer period after that. Hopefully, we can answer some of your questions and if we don't have an answer for you tonight, we'll have some contact information that we can share with you and then we'll be able to get information back with you. The subject property is about 13.7 acres. It's located north of Habitat Drive and just south of Barefoot Williams on US 41. The Eagle Lakes Park is immediately across the street and then, of course, the RV park is immediately to our Southwest. I'm sure many of you, just show of hands, are any of you residents nearby the proposed project? So yeah, I guess the majority of you are. Anyway, you're familiar with that piece of property. It's partially developed right now with the former Wave Radio Station, and the rest of the site is vacant. So, Bethany and her folks have been doing an environmental assessment and we've sent that information to Collier County. We've received one set of review comments from Collier County staff, and we're in the process of making adjustments to our site plan and some of the application materials to address staff's comments. Right now, the property is zoned C3 commercial. C3 allows a lot of retail type commercial, but it does not allow a store like a Home Depot. What we've asked for in our zoning document is all the same C1, two and three uses that are permitted today with the addition of the home improvement store. Then, we 9.A.5.f Packet Pg. 1741 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 2 of 13 listed this, the SIC codes for those. The small-scale plan amendment that I referenced, it establishes that we can have this new commercial subdistrict that allows us to add the home improvement store use as another permitted use in addition to the C3. The land use language is pretty, minimal. It establishes the location and then it establishes what we can do. It says basically what we have today, which is C3 commercial. We've added the reference to home improvement stores and related uses that would also be permitted on the site. We've established a maximum square footage for the property of 140,000 square feet. This is a conceptual plan that we've submitted for zoning. The project access is primarily on US 41 at two locations. There's a small interconnection with the driveway that services the Racetrack Gas Station and the vacant out parcel that they have in this location. But just to briefly walk you through the site plan, and I've got a color version that that would be a little bit easier, but I'm going to read from this because it's easier for me to see. So, the access points are on US 41. What we've outlined in white is the store as well as the garden center, and I'm sure most of you are familiar with Home Depot and what those look like. The garden center is on the south side of the property, the main body of the store is located in this location. And then we have areas for seasonal sales. I'm sure you're familiar with seasonal sales that occur at these home improvement stores where they have garden sales outside and Christmas tree sales during the season, et cetera. We also have provisions for some of the material storage in this location on the north side of the site. This facility will have trailer display and some light equipment rental. They'll have truck rental as well, so we've defined that for the county because it wasn't clear what size truck. Those would be vehicles that would be available to any of us that hold a normal driver's license. It wouldn't be for a truck that requires a special driver's license to operate. Well, let's see. So, on the south side of the property because it is vegetated, we're required to have a preservation area. Then, of course other key features are water management areas that we'll have on site because every site has to retain its water and we do water quality treatment before it discharges. I believe, somebody can correct me if I'm wrong, but I believe we're discharging to the swale and US 41 right of way. That's generally what the site plan looks like. I'm going to take you through a series of other photos. This is a color version of it that shows you some of the landscape buffer treatment that we have along the rear property line site. I apologize, North is kind of sort of at the angle, but this is the easiest way to present the information. Then we have obviously our landscape islands, main access to the sites here. They've featured a nice green wall. This is kind of a new 9.A.5.f Packet Pg. 1742 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 3 of 13 design for Home Depot. You'll see that we're dealing with the county on a series of issues, and we may be dealing with a few deviations with regard to architecture and some landscape buffer treatments. The engineers for Home Depot are looking at those issues closely, so our application has had one round of a review. We've got a few more months to go in dealing with the county staff, so we need more sit down time with them to determine if other deviations are necessary for the application. We've established development standards for the project. Typically, folks want to know setbacks, so we've established a building setback of 25 feet for the principal building from all sides of the property. And people always ask about height, so right now in the C3 you're allowed 50 feet of height. That's considered a zone height, which in Collier County, the zone height is measured from your required flood elevation to the midpoint of your roof or the flat side of your roof if you're a flat roof. But it doesn't establish what we have to do in a planned unit development, which is set an actual height. We've established an actual height of 60 feet, which is about typical, 10 feet above our zone height, because that's measured from the nearest road elevation to the highest point of anything on your roof. So, we have a 50-foot zone height, 60-foot actual height we proposed, and again a maximum 140,000 square feet. We have some preliminary designs. They've been working with Home Depot to come up with a little fresher concept for the buildings. This is an image sort of looking down from the US 41 side. Here again is that main entrance into the site. So, you drive in and this is going to be posed as a green vegetative wall with some trellis work. That's going to be a little bit different design feature for Home Depot that we haven't seen in our area. It's going to feature a drive-through area on the south side of the building for lumber pickup, et cetera, for the contractors. Obviously, the main entrance is here where the signage would be. Still has some orange banding that's typical of Home Depot, but you can see it's much more muted than some of the other older properties. Here's another angle looking from the south to the north. Again, the garden center is on this location, and it's got a fixed entrance. I don't know why it's not showing a fixed entrance here. As well as its typical covered outdoor areas in this location. A little closer image to some of the architectural. So, you can see it's a little bit fresh and we're trying to insert a little bit more of the glazing glass into components of it. That's the garden center behind obviously. Here's another image showing you from the backside of the property, showing you the proposed landscape buffer with the wall, loading dock, garden center. You can see how we're having a landscape treatment along the property. Then, these are some building elevations that they're working from. These probably won't make it into our formal application, but this just shows you all four sides of the building. At some point, the county will require us to have these more detailed, but this is kind 9.A.5.f Packet Pg. 1743 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 4 of 13 of the working concept, and this is going to be refined as we continue to meet with the county staff and the Home Depot folks. So, that's briefly what our presentation is tonight. This is some next step information. We don't have hearing dates established, but we are required to go to the Collier County planning commission, and we're required to be heard by the board of county commissioners. So, there will be hearing signs that go up on the property when we actually have those hearing dates. If you received a notice for this meeting tonight, you'll receive a notice from the county for each of those two meetings that are county-initiated meetings. One of the things, if you would like to take down our information, I have contact information. Sharon's our primary point of contact for our firm, but you can go to the QR code, you can go to our website, you can take a picture of that for your records. As we upload information to the county's files, we update ours so you can see in real time what the county is reviewing. So, if you have questions as we go along, we're happy to get back with you and try to provide answers to you. That also has the contact information for Laura and Rachel with their phone numbers and email addresses. If you feel more comfortable talking to the county staff than us, then that's their contact info. With that, I'm going to close, and if you all have any questions, I'm happy to try to answer those, or anybody from our team will answer those. All I'm going to ask is that if you don't feel comfortable stating your name, just indicate that you're a property owner or you're a neighbor. The record just needs to pick up that you're not one of us giving the answer or a question, because it's not distinguishable sometimes. So, we try really hard to make sure we know who is speaking. If you'd like to give your name, that's great. But if you don't, just mention your neighbor or a citizen. But we just ask one at a time and please come to the microphone if you don't mind to do that. Yes, sir. Come on forward. David Mann: Can I use your pointer? Thank you. All right, thank you. My name is David Mann. Could we go to the landscape one? Wayne Arnold: Tell me when to stop. David Mann: The flat drawing. Good. That's great. So, 25 feet is roughly from this microphone to the wall. So, your rear setback that you're proposing is 25 feet right here. I believe you're rewriting the zoning to be 60 feet in height, and that's about 30 feet right there. So, it'll be from here to the wall, twice as high as that. I got an issue with that. 9.A.5.f Packet Pg. 1744 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 5 of 13 Wayne Arnold: Well, keep in mind if, I don't mean to interrupt, but right now the property is zoned commercial, and it allows 25 foot building set back and it allows buildings 50 feet in height. David Mann: Right, but you're going for 60. Wayne Arnold: We're asking for 60 for the actual height of the building because right now the zoning only allows the zone height. So, there is no actual height. I could add pertinences above the roof line, steeples, et cetera. This is inclusively anything that can be at that height. David Mann: I gotcha. I'm just pointing out the proportions, so people understand 25 feet is about to the wall, twice as high as that. This is an entrance off 41, so is that. It looks like your front door is right here? Wayne Arnold: That's correct. David Mann: Okay. Most of the big boxes that we see, the properties are more oriented like this, so the aisles of parking are perpendicular to the front door because everybody likes to park at the front door. So, when people come in off of this right-hand decelerating lane and come in here, they're going to want to try to get these parking spaces. Meanwhile, all your customers coming out with their goods, and such are going to try to find their cars as well. I can imagine a stacking of cars out here that is going to be quite hazardous, because this isn't going to be enough room. This is really, really a bottleneck. I guess I'm going to say this a couple times tonight, but I can understand why Home Depot wants to be in this area of Naples. This is the wrong site. This is not the right orientation. This is going to be very congested. People are going to start to learn that there's a traffic light over here, going to cut to through the gas station quite bit to get to this location. This looks like the contractor's area to me, the professional area maybe for Home Depot, so they're going to have to work their way through that. This looks like a loading dock over here for the 18-wheelers during the day. Where are the 18-wheelers going to come in during the day and go to the dock? They're going to use these entrances here? Wayne Arnold: Those are our only two proposed entrances, yes. US 41. David Mann: Well, let's hope they don't use that. Because again, the orientation of this is 90 degrees wrong. 9.A.5.f Packet Pg. 1745 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 6 of 13 Wayne Arnold: Well, I think you can see from the aerial photograph, and you look on US 41, that's what we have on US 41. We have long narrower pieces of property. I don't think there's another parcel left that's approaching 14 acres anywhere on US 41 in the urban area. David Mann: Okay, because this was probably set up for a retail space that's long and linear, parallel to 41. Now, didn't you not too long ago look at a site that was closer to Truviso Bay's rear entrance I'm going to call it? And now there's a multi-family being built there? Wasn't that more of a squarish piece of property? Wayne Arnold: I'm not aware of that being reviewed. David Mann: This is at least the second time Home Depot has been looking in the area. Wayne Arnold: Okay. David Mann: I guess I want to go back to the landscaping plan again, please. That's all I really have. Wayne Arnold: Okay. David Mann: Other than the site should be like this. Wayne Arnold: Thank you. Anybody else have a question, comment? Yes, ma'am. Come on up. We need you to be on the microphone. If you can't make it up here, we'll be happy to bring it to you. Arthur Paone: My name's Arthur Paone Santiago Circle. My question has to do with the property on Habitat. The original submittal by Home Depot had that as part of the project. Wayne Arnold: Yes, they had a pre-application meeting with Collier County, and they originally had part of that property that abutted Habitat in this location under contract. The contract didn't go forward so they don't have that parcel as part of our application. Arthur Paone: Okay. The original application did have that as part of the project, right? Wayne Arnold: That was only for our pre-application meeting with the staff. Our submittal, our formal documents to the county, never included that parcel. Arthur Paone: But the original language talked about secondary access by Habitat Drive, right? 9.A.5.f Packet Pg. 1746 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 7 of 13 Wayne Arnold: That was discussed at the pre-application meeting with staff. They do not have the property adjacent to Habitat under contract. In fact, Home Depot's purchased the property that you're looking at tonight. Arthur Paone: Somebody else afterwards purchased that property, right? Wayne Arnold: I'm not sure what the status is of that. Arthur Paone: Well, I know about in April somebody paid two or three million dollars for it, and that was originally the out parcel that Home Depot planned. Now, does Home Depot have any agreement or understanding with the owner of that property directly or indirectly? Wayne Arnold: Not that I'm aware of. Arthur Paone: Okay. With respect to access to Habitat Road? Rich Yovanovich: Wait, go back and show master plan, because that's where the preserve is. Wayne Arnold: Yeah. I'm sorry, wrong direction. As Rich just pointed out, if you look at our master plan, this is all preserved area. So, we don't have any connection to Habitat. Let me show you a different image. Go back, I guess, to the master back plan. So, Habitat you can see is located here, Habitat Road. This is the unknown parcel. All of our preserve is on the south side of our property. Arthur Paone: And when that arrow it says 10 foot wide whatever. Wayne Arnold: That's a landscape buffer. It's [inaudible 00:17:52]. Arthur Paone: That's landscape? Wayne Arnold: That's correct. Arthur Paone: Okay. Wayne Arnold: It's not an access point. Arthur Paone: Right. Thank you. Wayne Arnold: You're welcome. Ma'am, would you like us to bring the microphone to you or are you able to come forward? Gail Alio: No, it's okay. 9.A.5.f Packet Pg. 1747 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 8 of 13 Wayne Arnold: Okay, thank you. Gail Alio: The first thing I want to do, my name is Gail Emily, I'm a neighbor. Wayne Arnold: Okay. Gail Alio: I agree with this gentleman as far as the entrances go, because it's going to be a real bottleneck when people come in because he's exactly right. When people come in, they're going to want to park in front and they're going to keep going back and forth until they find something in front. They're not going to know to go in the back. It's going to create a problem. I'm just letting you know because anybody who's lived here for any amount of time knows how people come in to the big box stores. Wayne Arnold: Sure, I understand that. One of the other things that's been going on, and maybe you all have been following it, but there's an East US 41 study that's been occurring. They're promoting bringing buildings closer and not having a sea of parking on the US 41 corridor. They're proposing that new development occur in this fashion where we don't have large sea of parking on US 41. That the parking's tucked on the sides like we've shown it here. So, I think we're more consistent with the way that master plan is trying to treat future development on our corridor. I can let Rachel or Laura chime in if you want to hear from them. It's not an adoptive plan yet, but the county has transmitted some amendments to the state on that. Gail Alio: But if you have the construction workers coming in on one side, that really blocks that off. I've seen that in some of the other home improvement stores as well. So, you're not likely to go on that side. That only leaves one other side. I'm just letting you know I agree with him, that's why. Wayne Arnold: That's fine. Gail Alio: My second question is just out of curiosity, which is the reason why I came, is why does Home Depot feel that they need to build right here where Lowe's is literally down the block? I just had that curiosity. Wayne Arnold: Yeah. Well, I can let maybe Hamilton address that, but they did a full market analysis for Home Depot. And they have been, as this gentleman said, they have been looking for another site. There are two Home Depots in Collier County. They believe that given the construction and remodel market in our community, they can sustain three of those. They know that that Lowe's is down the street, and this isn't a model that's, I guess, different. I mean, you go to a lot of other communities and you find that these same big box stores want to be near each other because they do feed off similar populations. But it's a choice. You may like to go to Lowe's, 9.A.5.f Packet Pg. 1748 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 9 of 13 I may like to go to Home Depot. So, it offers another choice in the area for this use. Rich Yovanovich: And it's no different than what's on Davis Boulevard. Wayne Arnold: Hey, Rich, do you want to come forward just so you're on the record? Rich Yovanovich: Oh, sorry. I broke my own rule. Sorry. [inaudible 00:20:50]. Wayne Arnold: Right. I don't want you to get in trouble. Rich Yovanovich: For the record, Rich Yovanovich, I'm the attorney on the project. Off of Pine Ridge Road, you have Home Depot, and you have the Loop Road, which is Naples Boulevard and you have Lowe's. So, it's not unusual for these home improvement stores to be located near each other. Gail Alio: Okay. Rich Yovanovich: It just happens that this is the right location to serve their market demographic for this southern portion of Naples. Gail Alio: I understand what you're saying about Pineridge Road, but that area up there is so well developed and so in need, I definitely see that. Down here, I went to some of these project meetings. We can't even get a Costco here. We can't even get a Target here. We can't get those kinds of stores. So, that's why I came here and said, wow, we're getting two of these, why can't we... But if you're saying the need is here... Rich Yovanovich: It's here. The need is here. They've done the rooftop calculation. What's coming, as you know, there's so many projects that have been approved. Gail Alio: Unbelievable. Rich Yovanovich: Yeah, yeah. So, there's enough now and there will be many more in the future. And hopefully you'll get your Costco. Gail Alio: Thank you. Rich Yovanovich: Sure. Wayne Arnold: Thank you. Anybody else? Yes, sir. Ron Hansen: I'm Ron Hansen and I spell Hansen the same way Rachel does. 9.A.5.f Packet Pg. 1749 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 10 of 13 Wayne Arnold: Okay. No relation, I assume. Ron Hansen: I'm the owner on Habitat. Wayne Arnold: Okay. Ron Hansen: Okay? What are you doing with the decel lanes? Are you creating decel lanes on here? Wayne Arnold: Yes, we are required to create deceleration lanes on US 41. Ron Hansen: Are you touching the existing decel lanes? Wayne Arnold: That I don't know. Norm, do you know the answer to that? I don't know. I don't know if we can pick that up in the areal photograph or not. Norman Trebilcock: Thank you. Norman Trebilcock. We're going to- Ron Hansen: [inaudible 00:22:55]. Norman Trebilcock: Yeah, yeah, yeah. Ron Hansen: Perfect. Norman Trebilcock: So, what we did is in the preliminary study we look at the accesses. And so, each of the accesses would need to be designed with deceleration lanes like you said. Then, the existing left turn in would need to be extended a bit based on the speed and the queue. But the details of those designs are really addressed at the time of site and development. But at least we look from a preliminary standpoint that we'd need to do deceleration length into all access points, and extend some, and some may be sufficient right now. Ron Hansen: But you got to extend the existing decel? Norman Trebilcock: Yeah. Yes, sir. [inaudible 00:23:34]. Yeah. Ron Hansen: Thank you. Wayne Arnold: Thanks, Norm. Ron Hansen: Yep. Wayne Arnold: Yes, sir. Come on up. 9.A.5.f Packet Pg. 1750 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 11 of 13 Speaker 9: Hi, how are you? I am the RV manager. Wayne Arnold: Okay, great. Speaker 9: So, I have two questions. Wayne Arnold: Okay, sure. Speaker 9: One is the wall that you talked about. Wayne Arnold: Yes. Speaker 9: Is it actually a wall or a fence? Wayne Arnold: It is a solid wall. I don't know if I know the material that you're proposing, but it's a solid wall. It's not just a chain link fence or something. Speaker 9: And the size of it? Wayne Arnold: I believe it's six feet. The county code, so technically, I don't want to get too in the weeds, but technically the RV park is zoned commercial. Speaker 9: Right. Wayne Arnold: So, we don't really have a wall requirement that per code is required. But I know that Home Depot folks thought that it would be good to have the wall between you and them with some landscaping. The landscape buffer, I believe, is 10 feet required, and we're adding a wall to that as none is required today. Speaker 9: What about flooding? Wayne Arnold: Well, we have to do water management system, so we'll be going through the South Florida Water Management District to obtain permits for our water management system and the outfall. I don't know all the details. You may have a few more details, but I'm sure we'll be adding fill, but we'll be providing swales on site. We're going to collect the water. I don't know exactly where discharge is on the US 41 right of way, but it will be discharging to the east into US 41, not south through that project. Speaker 9: Okay. Okay. All right, thank you. Wayne Arnold: Mm-hmm. Yes, ma'am. Anything else? Yes, sir. David Mann: Two questions, sorry. 9.A.5.f Packet Pg. 1751 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 12 of 13 Wayne Arnold: That's okay. David Mann: Can you flip to the [inaudible 00:25:11] again? Wayne Arnold: Of course. David Mann: David Mann again. Can someone tell me the distance from here to here, roughly? Wayne Arnold: You'll need to be on the microphone if you know that answer. David Mann: From here to here? Hamilton Williams: Hamilton Williams. David Mann: It counts the spaces, I guess, but it will be [inaudible 00:25:32]. Hamilton Williams: Hamilton Williams of Greenberg Farrow. And that distance is up to, the building itself is about 400 feet and then the garden center's about another 180 feet. David Mann: Okay, so 580 is this? Hamilton Williams: Yes, sir. David Mann: Okay, and then we can close there a little bit more. So, this lane right here is, let's say, 600 feet long right here? Hamilton Williams: Correct. David Mann: Two football fields? Hamilton Williams: Correct. David Mann: Okay. It's a single line. Hamilton Williams: Mm-hmm. David Mann: Right? And people are going to be parking in these spaces and parking in these spaces and trying to get out this door. I think that's a serious, serious problem. Now, if people come to this store and are coming from, I'm going to say the right, and they come in this way. They're coming from the left, they can come in this way. Now, when they go to leave, if they're leaving here and they want to go left, they could go through the site here, correct? Past the racetrack to the traffic light over here, and then take a left at the traffic light, right? 9.A.5.f Packet Pg. 1752 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PL20220000946 – The Home Depot – SE Naples Commercial Subdistrict and PL20220000543 – The Home Depot – SE Naples CPUD Rezone May 10, 2023 NIM Transcript Page 13 of 13 Hamilton Williams: Technically, I assume. So, there's no access agreement between these properties. David Mann: Oh, really? Oh, they're not connected here. Hamilton Williams: There's an access agreement for that one driveway, but not across the property. Correct. David Mann: Okay, so you're saying that you can connect this pavement to that pavement. Hamilton Williams: Yes. David Mann: But you're not allowed to have the customer drive through the racetrack to go to the traffic light. Hamilton Williams: A customer may drive through. They may shop at the... David Mann: They're going to. They're going to go through. Hamilton Williams: Yes. David Mann: So, if this is 600 feet right here, then this has got to be 800. Again, I think this is a serious, serious traffic problem on the site. I think it's a hazard for the customers coming and going from the front door of the site, and I think you're going to have bottlenecks on both of these deceleration lanes right here. Wayne Arnold: Thank you for the comments. Anybody else? Gail Alio: No, I'm just saying. Wayne Arnold: No? You're good? Okay. Gail Alio: He's right. He's absolutely right. It's going to be Hell. Wayne Arnold: Anything else? So, next steps, if you got a letter for this meeting tonight, you'll get a letter from the county when we have a planning commission hearing date scheduled. Signs will go up on the site as well, so you'll see those. Again, stay in touch with Sharon from our office if you'd like. Again, I'll leave the contact information up there if somebody needed to take that down there. So, thank you all for coming out. Appreciate the comments and have a good evening. 9.A.5.f Packet Pg. 1753 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) PETITIONS:PL20220000946, THE HOME DEPOT –SE NAPLES COMMERCIAL SUBDISTRICT ANDPL20220000543, THE HOME DEPOT –SE NAPLES COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) May 10, 2023, Neighborhood Information Meeting (NIM) Project information and a copy of this presentation can be found on our website: GRADYMINOR.COM/PLANNING/ 9.A.5.f Packet Pg. 1754 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples PROJECT TEAM: •Coleman, Yovanovich & Koester, P.A. –Applicant •Home Depot U.S.A., Inc. –Property Owner •D. Wayne Arnold, AICP, Professional Planner –Q. Grady Minor & Associates, P.A. •Hamilton Williams –Greenberg Farrow Architecture Inc. •Norman J. Trebilcock, AICP, PTOE, P.E., Traffic Consultant –Trebilcock Consulting Solutions •Bethany Brosious, Senior Ecologist –Passarella & Associates, Inc. *Please note, all information provided is subject to change until final approval by the governing authority. 2 INTRODUCTION 9.A.5.f Packet Pg. 1755 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 3 LOCATION MAP 9.A.5.f Packet Pg. 1756 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples Existing Future Land Use (FLU): Urban Designation,Mixed Use District,Urban Residential Fringe Subdistrict Proposed Future Land Use (FLU): Urban Designation,Mixed Use District,The Home Depot –SE Naples Commercial Subdistrict Current Zoning:C-3 Proposed Zoning:The Home Depot –SE Naples CPUD Proposed Request: •Modify the FLUE map to add The Home Depot –SE Naples Commercial Subdistrict •Rezone from the C-3 Zoning District to the Home Depot –SE Naples Commercial PUD •To allow a maximum of 140,000 square feet of Intermediate Commercial,C-3 uses, and home improvement store uses PROJECT INFORMATION 4 9.A.5.f Packet Pg. 1757 5 EXISTING FUTURE LAND USE MAP 9.A.5.f Packet Pg. 1758 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 6 PROPOSED FUTURE LAND USE MAP 9.A.5.f Packet Pg. 1759 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 7 PROPOSED FUTURE LAND USE LANGUAGE 9.A.5.f Packet Pg. 1760 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 8 PROPOSED MASTER PLAN 9.A.5.f Packet Pg. 1761 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 9 CONCEPTUAL SITE PLAN 9.A.5.f Packet Pg. 1762 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 10 PROPOSED USES A maximum of 140,000 square feet of retail floor area shall be permitted within the CPUD.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 uses permitted by right in the C-1, C-2 and C-3 Zoning District and the following uses: Principal Uses: Home improvement stores,including enclosed unroofed garden center (SIC 5211 - 5261) Accessory Uses: 1.Gazebos 2.Light truck and trailer rental (defined to include trailers,flat bed trucks,pick-up trucks and box trucks not requiring a commercial driver license) 3.Light construction equipment rental,including but not limited to power tools,lawn equipment, and light truck/trailer rental as defined above. 4.Outdoor display of merchandise, including but not limited to storage sheds and lawn equipment, plants and garden supplies. 5.Seasonal sales,including but not limited to Christmas trees,garden supplies, pumpkins and similar seasonal merchandise, subject to the time limitations in Section 5.04.05 of the LDC. 6.Water management 9.A.5.f Packet Pg. 1763 11 PROPOSED DEVELOPMENT STANDARDS 9.A.5.f Packet Pg. 1764 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 12 PRELIMINARY DESIGN IMAGERY AND ELEVATIONS 9.A.5.f Packet Pg. 1765 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 13 FRONT 9.A.5.f Packet Pg. 1766 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 14 FRONT 9.A.5.f Packet Pg. 1767 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 15 9.A.5.f Packet Pg. 1768 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 16 REAR 9.A.5.f Packet Pg. 1769 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 17 ELEVATIONS 9.A.5.f Packet Pg. 1770 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples NEXT STEPS •File resubmittal •Hearing Notices mailed to adjacent property owners within 500 feet of the subject property. •Hearing sign(s) posted on property advertising hearing dates. •HEARING DATES: •CCPC –TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 •BCC –TBD, 9:00 a.m., Collier County Government Center, 3299 Tamiami Trail East, 3rd floor BCC Chamber, Naples, FL, 34112 *Please note, all information provided is subject to change until final approval by the governing authority. 18 9.A.5.f Packet Pg. 1771 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples Project information and a copy of this presentation can be found online: HTTPS://GRADYMINOR.COM/PLANNING/ Collier County Growth Management Department (GMD) Public Portal: CVPORTAL.COLLIERCOUNTYFL.GOV/CITYVIEWWEB/PLANNING/LOCATOR CONTACTS: •Q. Grady Minor & Associates, P.A.: Sharon Umpenhour, Senior Planning Technician; sumpenhour@gradyminor.com or 239.947.1144, ext. 1249 •Collier County Staff: PUDZ:Laura DeJohn, Principal Planner; Laura.DeJohn@colliercountyfl.gov, (239) 252-5587 GMPA:Rachel Hansen, Planner III; Rachel.Hansen@colliercountyfl.gov, (239) 252-1442 PROJECT DOCUMENTS AND INFORMATION 19 9.A.5.f Packet Pg. 1772 Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples 9.A.5.fPacket Pg. 1773Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.fPacket Pg. 1774Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.fPacket Pg. 1775Attachment: Att E - NIM Documents (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.gPacket Pg. 1776Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) From: David Mann <david@mpg-architects.com> Sent: Thursday, May 11, 2023 9:40 AM To: HansenRachel Subject: Home Depot - East Naples Attachments: Home Depot Site.pdf; Home Depot - Airport Pulling Road.JPG Follow Up Flag: Follow up Flag Status: Flagged EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Rachel Nice meeting you yesterday at the Home Depot presentation. Below is an email that I prepared on April 30th and sent along with the above attachments to Rick LoCastro, Aixa Capizzi and Michael Bosi. Some of the items discussed last night include: - Cross traffic agreement not in place for customers of Home Depot passing through the Race Trac Gas Station. Customers will use the traffic light at Barefoot Williams Road to exit from Home Depot to head West on 41. This will cause dangerous conditions with the traffic from Home Depot using a parking lot of Race Trac that was not designed for such volume or Barefoot Williams Road with is congested already with customers trying to enter the Race Trac. - Contractors (or Professionals a term Home Depot uses) will pull their trucks with trailers through the Race Trac on their way to Home Depot's west lot with is designated for Professionals. They will also exit the same way they entered again pulling their trailers. - Semi-Truck deliveries was brushed over last night with no concern from the Land Planners as to how such traffic will mix with customers cars. - The single aisle located at the Front Door of the Home Depot which is approximately 600' long before any perpendicular aisle is reached will be congested with cars entering, exiting, customers leaving the Home Depot with shopping carts, large flat carts, trying to load their vehicles using the single aisle as space for transfer of goods. This will cause grid-lock for west-east vehicular flow on the site. 9.A.5.g Packet Pg. 1777 Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) - The Presenter last night made a comment to me stating that.. "There are no longer any other 14 acre sites in this region on 41 to fit a Home Depot on" The Planner believe that if you can fit all the components that a Home Depot needs on a site on a parcel then its a valid solution. They have overlooked that it is a dysfunctional design that will lead to frustrated customers that will look elsewhere for their building and home improvement goods. - I did not mention Fire and Life Safety vehicles trying to enter this site and administer their services in a safe manner. This needs to be reviewed carefully by the Fire Chief and the EMS Director. - The Home Depot located on Airport Pulling Road (see aerial attached) is on a correct site. It provides customer parking with several aisles that are perpendicular to the front of the store. It provides two wide aisles in the North-South direction for customers to look down aisles for open parking spaces and for easy exit from the parking area. It provides a N-S aisle in front of the Garden Center that leads to Glades Blvd. which has a traffic light to allow safe egress and exiting from the site. It also provides an entrance and exit off of Davis Blvd. for Semi Trucks to enter the site for deliveries without mixing with customer vehicles. This is a Good Design of a Site the allows safe traffic flow and ample parking at the front door. There are other issues with this East Naples site that is being forced to fit a Home Depot. I would like to be on your list of citizens who will be notified of any future discussions or meetings regarding this project. As I stated last night this is not the right site for any Big Box use. I also ask that you forward this email onto the other representative from your department that attended last night and anyone else you feel should consider the comments I raise regarding this proposed site design. Thank you, DAVID J. MANN c 330.388.3075 e david@mpg-architects.com The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. 9.A.5.g Packet Pg. 1778 Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) From: David Mann Sent: Sunday, April 30, 2023 3:19 PM To: Rick.Locastro@CollierCountyFL.gov Cc: Aixa.Capizzi@CollierCountyFL.gov; Michael.Bosi@CollierCountyFL.gov Subject: Home Depot - East Naples Mr. LoCastro I understand that the proponent for the Home Depot project on a site just east of the Race Trac Fuel Station at US 41 and Barefoot Williams Road will be conducting a Public Meeting to be held at the South Collier County Library in Lely on May 10th at 5:30 PM. Attached is the site plan with several comments that I have prepared regarding this use on this property. Also attached is an aerial of the Home Depot located on Airport Pulling Road that supports my position of ample parking in rows that are perpendicular to the front door is necessary and common with Big Box layouts. The site proposed for the East Naples Home Depot is the wrong site. It will cause dangerous conditions on US 41 with customers trying to enter/exit the site and dangerous conditions on the site for customers and associates of Home Depot. This site configuration lends itself for a strip retail use with a long building parallel to US 41 and pushed back on the site to offer plenty of customer parking in the front, not a big box use. If Home Depot wishes to build a store in East Naples they need to continue to look for an appropriate site that offers plenty of land in the front for parking and safe egress. This is not the appropriate site. A better location would be on South Collier Blvd. south of the Walmart. This location would serve customers from 41 as well as those from Marco Island especially. Please confirm you received this email and attachments. I plan on attending the May 10th meeting. Thank you, DAVID J. MANN c 330.388.3075 e david@mpg-architects.com 9.A.5.g Packet Pg. 1779 Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.g Packet Pg. 1780 Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The 9.A.5.g Packet Pg. 1781 Attachment: Att F - Public Input through 12-27-23 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.hPacket Pg. 1782Attachment: Affidavit of Sign Posting 2024 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ)) 9.A.5.h Packet Pg. 1783 Attachment: Affidavit of Sign Posting 2024 (27586 : PL20220000543 - The Home Depot-SE Naples CPUD Rezone (PUDZ))