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Agenda 03/26/2024 Item # 9B (Ordinance - Rezone to allow indoor air-conditioned mini self storage located Immokalee and Randall Blvd.)
9.B 03/26/2024 EXECUTIVE SUMMARY This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning property to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as GMA CPUD, 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 on 9.84+ acres of property located south of Immokalee Road, approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. [PL20230002458] (Companion item to 9A) OBJECTIVE: To have the Board of County Commissioners (Board or BCC) review staff s findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this PUD Rezone (PUDZ) petition, and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: The petitioner requests to rezone f9.84 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 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 site includes three parcels on the south side of Immokalee Road, approximately 772-feet west of the intersection of Immokalee Road and Randall Boulevard. 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. The proposed list of permitted uses includes 78 of the 92 permitted uses within the Commercial Intermediate (C-3) zoning district. 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. Four prohibited uses are also identified in the PUD: public schools, funeral services, gasoline service stations, and group care facilities, including nursing homes and assisted living facilities. 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. A 1.3-acre native vegetation buffer tract is provided, measuring a minimum of 50 feet wide along the southern PUD perimeter and 25-feet-wide along the western PUD perimeter. The petitioner seeks to reduce the 25-foot-wide native vegetation retention buffer area along the western perimeter to a 10' 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. 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. Packet Pg. 57 9.B 03/26/2024 FISCAL IMPACT: The rezoning by and of itself will have no fiscal impact on Collier County. There is no guarantee that the project, at build -out, will maximize its authorized level of development. However, if the PUD Rezone is approved, a portion of the land could be developed, and the new development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of a Certificate of Occupancy to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building permit review fees. Finally, additional revenue is generated by application of ad valorem tax rates and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The 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. 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 south perimeter of the PUD per LDC 4.06.02.c.2 for landscape buffers. Based on the TIS, the 2022 and the 2023 AUIR, and the provisions of State Statute 169.3180, the 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. 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. CCPC RECOMMENDATION: The CCPC heard companion Petitions GMPA-PL20230002460 and PUDZ- PL20230002458, GMA CPUD, on February 1, 2024. Commissioner Schmitt noted that three residential homes next to a future grade separated overpass is not desirable and made a motion to forward the subject petition to the Board with a recommendation to approve with the following condition: 1. The applicant shall install a wall on the southern perimeter of Parcels 35 and 36 so that the wall and berm are a minimum of eight feet tall. The southern perimeter buffer shall not be required to provide enhanced buffer plantings. Commissioners Schmitt and Klucik voted to approve the motion. Commissioners Fryer, Shea, and Sparrazza voted against the motion, finding that, though there was a public benefit derived from the project, there was no demonstrated need for commercial development in the area with over four million square feet of commercial square footage currently allowed by the GMP in Northern Collier County. There was also discussion of whether the site would qualify for Live Local after rezoning. Two speakers appeared at the hearing in opposition to the project. Concerns were that the zoning change is not consistent with the established rural character and Growth Management Plan policies associated with the Estates, noise will impact surrounding homes, traffic is already congested, and the placement of the proposed commercial Packet Pg. 58 9.B 03/26/2024 uses where the shooting of firearms is allowed would be incompatible. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does not require Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. LEGAL CONSIDERATIONS: This is a site -specific rezone to a Commercial Planned Unit Development (CPUD) Zoning District for a project which will be known as GMA CPUD. The burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners, should it consider denying the rezone, to determine that such denial would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Should this item be denied, Florida Statutes section 125.022(3) requires the County to provide written notice to the applicant citing applicable portions of an ordinance, rule, statute, or other legal authority for the denial. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there adequacy of evidence of unified control and suitability of 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? Findings and recommendations of this type shall be made only after consultation with the County Attorney. 3. Consider: Conformity of the proposed CPUD with the goals, objectives and policies of the Growth Management Plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. 8. Consider: Conformity with CPUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, policies, future land use map, and the elements of the Growth Management Plan? 10. Will the proposed CPUD Rezone be appropriate considering the existing land use pattern? 11. Would the requested CPUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? Packet Pg. 59 9.B 03/26/2024 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed CPUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as amended. 26. Are there other factors, standards, or criteria relating to the CPUD rezone request that the Board of County Commissioners shall deem important in the protection of public health, safety, and welfare? The Board must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons, and the oral testimony presented at the BCC hearing as these items relate to these criteria. This item has been approved as to form and legality, and requires an affirmative vote of four for Board approval. -HFAC RECOMMENDATION: To approve Petition PUDZ- PL20230002458, GMA CPUD, subject to approval of the companion GMP Amendment petition with an effective date linked to the effective date of GMP Amendment, and subject to a condition for an opaque fence or wall along the southern perimeter of the PUD. Packet Pg. 60 9.B 03/26/2024 Prepared by: Ray V. Bellows, Zoning Services Planning Manager ATTACHMENT(S) 1. CCPC Staff Report - GMA CPUD (PDF) 2. Att A - Ordinance 2-14-24 GMA PUD (PDF) 3. Att B - Land Exchange Agmt & Amendments (PDF) 4. Att C - Consistency Memo - PUDZ-PL20230006458 GMA CPUD 12-26-23 (PDF) 5. [Linked] Att D - GMA CPUD - CCPC Back-up Documents (PL-20230002458) (PDF) 6. [Linked] Att E - NIM Documents rfs (PDF) 7. Att F - Public Input as of 1-2-24 (PDF) 8. Affidavit of Posting Notice with Photo of Sign (1-9-2024) (PDF) 9. legal ad - agenda IDs 27897 & 27927 (PDF) Packet Pg. 61 9.B 03/26/2024 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 27927 Item Summary: This item requires that Commission members provide ex-parte disclosure. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance rezoning property to a Commercial Planned Unit Development (CPUD) zoning district for a project to be known as GMA CPUD, 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 on 9.84+ acres of property located south of Immokalee Road, approximately 772 feet west of the intersection of Immokalee Road and Randall Boulevard in Section 27, Township 48 South, Range 27 East, Collier County, Florida. [PL20230002458] (Companion item to 9A) Meeting Date: 03/26/2024 Prepared by: Title: — Zoning Name: Laura DeJohn 02/ 15/2024 10:42 AM Submitted by: Title: Zoning Director — Zoning Name: Mike Bosi 02/ 15/2024 10:42 AM Approved By: Review: Building Plan Review & Inspections Diane Lynch GMCDD Reviewer Zoning Ray Bellows Additional Reviewer Growth Management Community Development Department Diane Lynch Zoning Mike Bosi Division Director Unknown Jaime Cook GMCDD Reviewer Growth Management Community Development Department Diane Lynch County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Growth Management Community Development Department James C French Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke OMB Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Skipped 02/16/2024 6:01 PM Completed 02/22/2024 11:04 AM GMD Approver Completed 02/27/2024 6:54 PM Completed 02/28/2024 9:27 AM Completed 03/07/2024 9:05 AM GMD Approver Completed 03/07/2024 10:08 AM Completed 03/11/2024 12:12 PM Growth Management Completed 03/12/2024 2:30 PM Completed 03/13/2024 8:27 AM Completed 03/13/2024 9:19 AM Completed 03/14/2024 2:56 PM Completed 03/15/2024 9:50 AM 03/26/2024 9:00 AM Packet Pg. 62 9.B.a Coilier County 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 Overlav 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 REOUESTED 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 proposedto 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, Page 1 of 19 Packet Pg. 63 9.B.a a-th JW1 124th Township 48 South, Range 27 East, Collier County, Florida. (See location map on the following page) 5 A PROJECT LOCATION I si 98 25EFrf V E h}E RAP DALL E M U� 94 45 92 83 PUD SITE LOCATIONPar" _ I - PUD E PUD MI R.fAA KAMALL SM CENTER 71 37 52 55 70 24th AV 33 38 51 NE 56 i� b� •� I Location Map Zoning Map Petition Number: PL20230002458 PUDZ-PL20230002458 GMA CPUD Rezone January 17, 2024 Page 2 of 19 Packet Pg. 64 0 a. U CQ C 00 In Iq N O O O M N O N J a C O N d C O N ti N O ti N d U a c� O CL d R r+ N U a U E U a 9.B.a 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 Packet Pg. 65 9.B.a 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 Packet Pg. 66 9.B.a GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUEI: 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 ofpermissible development, with consideration of their impact on the overall County transportation system, andshall 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 thefive yearAUIR 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: p Packet Pg. 67 9.B.a Link/Roadway Link Current Peak Projected 2022 AUIR 2023 AUIR Hour Peak P.M. Peak LOS/ LOS/ Direction Hour/Peak Remaining Remaining Volume/Peak Direction Capacity Capacity Direction Project Trips (1) 45.0/Immokalee Wilson Blvd. 3,300/East 150/East D/ D/ Road to Oil Well Rd 782 414 (2) 46.0/Immokalee Oil Well Rd to 900/East 48/East D/ D/ Road SR-29 138 71 (2) 132.0/Randall Immokalee Rd 900/East 45/East D/ D/ Boulevard to Everglades 95 92 (2) Blvd (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 (CCMEZ 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. 10 Packet Pg. 68 9.B.a 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 10.02.081, 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 utilizingthe site. Packet Pg. 69 9.B.a 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. Packet Pg. 70 9.B.a ➢ 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. Zoninz 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 2.1) 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. Packet Pg. 71 9.B.a 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. eve opment Standards for Principal Use E Estates C-3 Commercial Proposed Zoning Intermediate Zoning GMA PUD District District Min. Lot Area 98,010 s.f. 10,000 s.f. 10,000 s.f. Min. Lot 150 feet 75 feet 150 feet Width Max. Building 35 feet 50 feet (zoned) 40 feet (zoned) Height (zoned) 47 feet (actual) Min. Front 75 feet 50% of the building height, 25 feet Yard but not less than 25 feet Min. Side 30 feet 25 feet (residential & 25 feet (west), Yard waterfront); or 30 feet (east), or 50% of the building height, 0 feet from LBE but not less than 15 feet along the canal or (non-residential) 0 feet from lake maintenance easements Min. Rear 75 feet 25 feet (residential & 50 feet Yard waterfront); or 50% of the building height, but not less than 15 feet (non-residential 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. Packet Pg. 72 9.B.a 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). L 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 2.1) 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. Packet Pg. 73 9.B.a 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. 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 Packet Pg. 74 9.B.a 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. 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. Packet Pg. 75 9.B.a 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 Packet Pg. 76 9.B.a 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. Packet Pg. 77 9.B.a 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 theproposed change will adversely affectproperty 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 Packet Pg. 78 9.B.a determined to be a public welfare relationship because actions consistent withplans 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 Is 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 Packet Pg. 79 9.B.a 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. StaffAnalysis 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 10.02.13.13.51 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." Packet Pg. 80 9.B.a NEIGHBORHOOD INFORMATION MEETING (NIM): The petitioner conducted a NIM on August 7, 2023, at the Collier County OF/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 April12, 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 Packet Pg. 81 9.B.b ORDINANCE NO.2024- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 THE ESTATES (E) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 FOR A PROJECT TO BE KNOWN AS GMA CPUD, 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 THE 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 9.84E ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230002458] WHEREAS, Robert J. Mulhere, FAICP and Jeremy Chastaine, AICP of Hole Montes, representing GM Advisors, LLC (hereinafter "Developer") petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 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/ 1845670/ 11 150 Randall Blvd - Immokalee Road / PL20230002458 2/14/24 1 of 2 Packet Pg. 82 9.B.b W-4 to a Commercial Planned Unit Development (CPUD) Zoning District within the Wellfield Risk Management Special 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. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. becomes effective. PASSED AND DULY ADOPTED by super -majority vote of the Board of County Commissioners of Collier County, Florida, this day of ATTEST: CRYSTAL K. KINZEL, CLERK , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - 2024. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chris Hall, Chairman List of Permitted Uses Development and Design Standards Master Concept Plan Legal Description Deviations Development Commitments [23-CPS-02342/ 1845670/ 11 150 Randall Blvd - Immokalee Road / PL20230002458 2/14/24 2 of 2 Packet Pg. 83 9.B.b 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). " 00 2. Adjustment and collection services (SIC 7322). N 3. Advertising agencies (SIC 7311). c 4. Amusement and recreation services, indoor (SIC 7999 martial arts, yoga CD and gymnastics instruction, gymnastic schools, and recreation involving N physical fitness exercise only). a 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 a outside kenneling). a 6. Apparel and accessory stores (SIC 56115699). 7. Architectural services (SIC 8712). N 8. Auditing (SIC 8721). 9. Auto and home supply stores (SIC 5531). o 10. Banks, credit unions and trusts (SIC 60116099). 11. Barber shops (SIC 7241, except for barber schools). 12. Beauty shops (SIC 7231, except for beauty schools). a 13. Bookkeeping services (SIC 8721). 14. Business associations (SIC 8611). 15. Business consulting services (SIC 8748). N 16. Business credit institutions (SIC 61536159). T 17. Business services - miscellaneous (SIC 7389, except auctioneering a service, automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic cc kits, cotton inspection, cotton sampler, directories -telephone, drive -away o automobile, exhibits -building, filling pressure containers, field warehousing, fire extinguisher, floats -decoration, folding and refolding, Q gas systems, bottle labeling, liquidation services, metal slitting and a shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powerline inspection, press clipping service, recording E studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent Q recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers). Page 1 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 84 9.B.b 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). o 24. Computer programming, data processing and other services (SIC 7371- 7379). o 25. Credit reporting services (SIC 7323). a 26. Direct mail advertising services (SIC 7331). L) 27. Drug stores (SIC 5912) 28. Eating places (SIC 5812 only). All establishments engaged in the retail 00 sale of alcoholic beverages for on -premise consumption are subject to N locational requirements of LDC section 5.05.01. c 29. Engineering services (SIC 8711). CD 30. Essential services, subject to LDC section 2.01.03. N 31. Federal and federally sponsored credit agencies (SIC 6111). a 32. Food stores (SIC 54115499). 33. Garment pressing, and agents for laundries and drycleaners (SIC 7212). 2 34. General merchandise stores (SIC 53315399). a 35. Glass stores (SIC 5231). a 36. Hardware stores (SIC 5251). 37. Health services, offices and clinics (SIC 8011-8049). N 38. Home furniture and furnishings stores (SIC 57125719). ti 39. Home health care services (SIC 8082). o 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. a 42. Insurance carriers, agents and brokers (SIC 6311-6399, SIC 6411). 43. Landscape architects, consulting and planning (SIC 0781). 44. Legal services (SIC 8111). N 45. Loan brokers (SIC 6163). T 46. Management services (SIC 8741 and SIC 8742). N a� 47. Membership organizations, miscellaneous (SIC 8699). 48. Mortgage bankers and loan correspondents (SIC 6162). c 49. Museums and art galleries (SIC 8412). 50. Musical instrument stores (SIC 5736). 0 51. Paint stores (SIC 5231). Q 52. Personal credit institutions (SIC 6141). a 53. Personal services, miscellaneous (SIC 7299 - babysitting bureaus, clothing rental, costume rental, dating service, debt counseling, depilatory E salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only) with 5,000 square feet or less Q of gross floor area in the principal structure. 54. Personnel supply services (SIC 7361 and SIC 7363). 55. Photocopying and duplicating services (SIC 7334). Page 2 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 85 9.B.b 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- o 9451, SIC 9511-9532, SIC 9611-9641). 62. Public relations services (SIC 8743). o 63. Radio, television and consumer electronics stores (SIC 5731). a 64. Radio, television and publishers advertising representatives (SIC 7313). L) 65. Real Estate (SIC 6531-6552). 66. Religious organizations (SIC 8661). 00 67. Repair services - miscellaneous (SIC 7629-7631 except aircraft N electrical equipment repair except radio), SIC 7699 - bicycle repair, c binocular repair, camera repair, key duplicating, lawnmower repair, CD leather goods repair, locksmith shop, picture framing, and pocketbook N repair only). J a 68. Retail nurseries, lawn and garden supply stores (SIC 5261). 69. Retail services - miscellaneous (SIC 5921-5963 except pawnshops and 2 building materials, SIC 5992-5999 except auction rooms, awning shops, a gravestones, hot tubs, monuments, swimming pools, tombstones and a whirlpool baths). S 70. Secretarial and court reporting services (SIC 7338). N 71. Security and commodity brokers, dealer, exchanges and services (SIC 6211-6289). o 72. Shoe repair shops and shoeshine parlors (SIC 7251). 73. Surveying services (SIC 8713). c 74. Tax return preparation services (SIC 7291). a 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). N 78. Videotape rental (SIC 7841). T 79. Wallpaper stores (SIC 5231). N a) 80. Any other commercial use which is comparable in nature with the list of c permitted uses, as determined by the Hearing Examiner or Board of c 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. Page 3 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 86 9.B.b 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. 690-193 F.A.C.; all subject to LDC section 5.05.04. c a a Page 4 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 87 9.B.b 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. round floor N/A S.F. — square feet; N/A— not applicable; SPS — same as principal structure, LBE — landscape buffer easement; LME — lake maintenance easement. Page 5 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 88 9.B.b PERIMETER LANDSCAPE BUFFERS Direction Buffer e North, adjacent to lmmokalee A 15' Enhanced Type D Buffer, with two rows of trees spaced Road 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. m 0 N a� 0 a U Q 00 LO N 0 0 0 M N 0 N J a c 0 �a a c 0 N ti N Cn c (L a N T 1 N a) 0 C M c L 0 a a a E 0 M a Page 6 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 89 9.B.b d CD i -_j CD �h b ~ N 0 0 0 0 N 0 N 0 I W Z W U ®o W N ZONING: E-STIW-4 } LAND USE: UNDEVELOPED ZONING: E-ST/W LAND USE: SINGLE-FAMILY RESIDENTIAL f E G�55RG11S ..... ..:... pGOUT ONLY RIGHT 1N0GHT OUT ONLY �15.0' ENHANCED TYPE D LEE ------------- MIN 25.0' RETAINED 38.0' S � NATIVE ILI a O w "' w Fz �❑ ww z= Z C, z 04 VEGETATION TRACT C 1 BUFFER (DEVELOPABLE AREA) 1 MIN 50.U' RETAINED NATIVE VEGETATION BUFFER TRACT B ZONING: E-ST/W-3 LAND USE: SINGLE-FAMILY RESIDENTIAL GMA CPUD DRAINAGE EASEMENT ZONING: E-ST/W-4 LAND USE: FUTURE COLLIER COUNTY STORM WATER MANAGEMENT LAKE tia p�N 9!l pY PV'G D � &yygo 6lLo OR3\p0, p I-- ZONING: E-ST/W-4 (CU) LAND USE, NORTH COLLIER FIRE RESCUE DISTRICT STATION 10 5.0' TYPE A LEE z 20.0' ACCESS EASEMENT TO U COUNTY OWNED PARCEL, TO THE SOUTH, FOR CANAL MAiNT. SEE EXHIBIT F, i COMMITMENT 4. OTHER C. LAND USE SUMMARY (RETAINED NATIVE VEGETATION BUFFER)TRACT B 1.30 AC TRACT C I 8.54 AC TOTAL I 9.84 AC MIN. OPEN SPACE REQUIREDIPROVIDED (30%): 3.13 AC EXISTING NATIVE VEGETATION: 5.86 AC MIN. NATIVE VEGETATION RETENTION REQUIREDIPROVIDED: 0.88 AC 5.86 AC. ' 15°% = 0.88 AC TRACT B RETAINS NATIVE VEGETATION & SHALL PROVIDE THE REQUIRED MINIMUM NATIVE VEGETATION RETENTION OF 0.88 AC wparti Hsi° .:.:iU.� ..w. xp23.a26 202].°]5 M1®T EXHIBIT C MASTER PLAN ....wem,x....n F r 3U13.6i5 ax1 OF 2 Packet Pg. 90 9.B.b d CD NOTES: 1. EXISTING NATIVE VEGETATION IN TRACT B MAY BE USED TO MEET REQUIRED LANDSCAPE BUFFERS IN ACCORDANCE WITH EXHIBIT F, DEVELOPER COMMITMENT 3.B. 2. UP TO 25% OF THE WIDTH OF TRACT B MAY BE UTILIZED FOR STORMWATER MANAGEMENT. 3. MAXIMUM BUILDING HEIGHT: ZONED: 40' / ACTUAL: 47' GMA CPUD DEVIATIONS: 1O 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. ■ �wn�wo�., o EXHIBIT C . znsoxs aoxs.oxs nrsr " MASTER PLAN �Pzmsazs ,��2 r 2 Packet Pg. 91 9.B.b 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± c a a Page 9 of 13 HA2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 92 9.B.b 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. Page 10 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 93 9.B.b 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 Cn 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 a 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. Page 11 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 94 9.B.b 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 N accordance with LDC Sec. 4.06.02 and 4.06.05.E.1. Supplemental plantings ti utilizing native plant materials may be required in accordance with LDC Section o 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. a a 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=O) 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 Page 12 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 95 9.B.b 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. c a a Page 13 of 13 H:\2023\2023025\WP\PUDZ\Sent to Staff (1-9-2024)\GMA CPUD Document (PL-20230002458)(1-9-2024).docx Packet Pg. 96 INSTR 6163148 OR 6045 PG 1878 RECORDED 11/22/2021 4:17 PM PAGES 33 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA 9 C771 REC $282.00 LAND EXCHANGE AGREEMENT GM ADVISORS, LLC TH S UAND EXCHANGE AGREEMENT (hereinafter referred tows the "Agreement") is made and ante; into this of 1�02I (the "Effective Date"), by and among GM Advisors, WC,,zTlorida. limited liability company (hereinafter referred to as the "Developer") and Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"), each i lividtiaily referred to as the "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS 6'unt�m ys the owner of a certain 3.79+/- acre parcel of real property located in unincorporated Collier £aunty, the northern 0.6+/- acres of which is transportation right of way, and is expressly excluded frotrt his`A greement. This parcel, less and except the; northern 0.6+/- acres, is described on Exhibit A attacbed;,hereto and madea part hereof (the "County Parcel"). The County Parcel is currently used a dry=water detention facility associated with the Immokalee Road drainage systems; and WHEREAS, Developer is the owh&k o'a certain 5.0+1- acre parcel of real property located in unincorporated Collier County, describ clpn xhibit B attached hereto and made apart hereof, (the "Swap Parcel"); and WHEREAS, upon the terms and condi,46ni set forth herein, the County and the Developer desire to exchange the County Parcel for the Swap' Ptl and WHEREAS, among other considerations setorth eiow, as part of this land exchange, the Developer will also (1) design, permit and construct a peter detention facility on the Swap Parcel at its sole cost and expense (the "Project"); and( pht'the County a minimum 20-foot drainage easement for operation and maintenance of the new, watr detention facility at no cost to the County; and WHEREAS, the Collier County Board of County Corn . issioers hereby finds that this exchange of real property is in the best interest of the County. _ WITNESSETH NOW, THEREFORE, in consideration of Ten Dollars (10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the e9vena�ts contained herein, the parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. The parties agree to the exchange of real property interests and associated improvements as set forth below. 1 ova ,r�- i , ;- Packet Pg. 97 OR 6045 PG 1879 9.B.c 3. New Improvements. Developer agrees to design, permit, and construct a new pond site and related drainage facilities on the Swap Parcel at its sole cost and expense, including all necessarystorgiwater pipe interconnections (the "New Improvements"). The New Improvements shall p Eder, treatment and attenuation of stormwater runoff for Immokalee Road. Modificatioto.;tlie*tteatment, attenuation, and discharge from Immokalee Road "Basin 8" to the Cocohatchee cnaii1 be coordinated through a South Florida Water Management District ("SFWMD") permit4abe.obtained by Developer, and shall result in no increase of hydraulic grade line elevations for the e..xia ing Immokalee Road drainage inlets included in "Basin 8." The increase of impervious area fb the future auxiliary lane for Randall Boulevard along Immokalee Road shall be modeled and incorporated into the permitting of the New Improvements. The County shall have the opportunity tarev* and approve the SFWMD permit and shall be the co -applicant for respective permit applications, as needed. Developer shall coordinate with the County on all facets of this Project. . 4. Schedule. Design of the Nevi Improvements shall be completed no later than six (6) months from the Effective Date unlpss�otli rwise mutually agreed upon by the parties. Permitting of the New Improvements shall be completed no later than twelve (12) months from the Effective Date unless otherwise mutually agreed u on_by the parties. Construction of the New Improvements shall be; completed no later than two { y re"from the Effective Date, unless otherwise mutually agreed upon by the parties. , 5-. Plans for New Improvements. Prieto construction, Developer, at no cost to the County, shall prepare preliminary and final en irfperng design plans and specifications and provide them to the County for review, Comm( t and approval. Plans and specifications must be approved by the County prior to any constructing; however, such approval shall not be unreasonably withheld. 6. Approval of Contractors and lnseetiom�Pl .t. construction, Developer shall provide the County with a list of all proposed contractors at subcontractors for the Project. Developer shall not utilize any contractors or subcontractors to whom the County objects. The County may hire a CEI inspector for this Project and shall hav the right to inspect the work throughout construction, and the Developer shall promptly correct pll noted defects. Developer shall provide the County with a construction schedule and ;pro- rrgptly noti 'y the County of any delays or other changes in such schedule throughout the duration ofxhe Pr"oect. 7. Title Commitment. Prior to construction, Developer shall- provid at no cost to the County, a title commitment or an attorney's opinion of title pertaining to the .. wa'► Parcel, and at or prior to closing, Developer shall remove or cure any liens, encumbrances or' 4itle defects revealed in such title commitment or attorney's title opinion that are objectionable to the County. If, prior to the commencement of construction, the County has an objection to title to the Swap Parcel, which the County determinesDevelopercannot resolve within a reasonable time period and with reasonable effort, the County shall have the right to terminate this Agreement as further described in paragraph 9 of this Agreement, and thereafter neither the County nor the Developer shall have any further obligations or liability thereunder. 8. Easements. At closing, the Developer will convey to the County, at no cost to the County, a minimum 20 foot drainage easement for operation and maintenance of the New ►A CNO Packet Pg. 98 OR 6045 PG 1880 9.B.c Improvements. Prior to closing, Developer shall coordinate with the County on the precise location of the drainage easement. Developer: shall provide all surveys and legal descriptions for such easements prepared by a'licensed Florida property surveyor, for the County's review and approval at no cc►sv(( Vc ounty. All easement documents shalt be subject to approval by the County Attorneys q®nce conveyed, the County will be responsible for the perpetual maintenance of the drainage `asement_ 9. Ri htg_of_Entry. To the degree necessary for the project, each party hereby grants the other party a right v:ntry to enter upon their respective parcels. 10, Tcrm nation. ,Qq,�inty may terminate this Agreement if (1) :the County does not approve the design plans fore New improvements; (2) if the County is not reasonably satisfied with title, survey, environiiental, or other due diligence investigations pertaining to the Swap Parcel; (3) if the deadlines set`fPft111iA paragraph 3 of this Agreement for design, permitting, and construction have not been met, absent mutually agreed upon extensions of time; or (4) if Developer does not commence dr c6mpletq construction of the New Improvements in accordance with the County approved design plas;`specifications and relevant pelrriits. Developer may terminate this Agreement prior to the "rgen�ement of construction on the Project if itdetermines in its sole discretion that the costs ass6°cc. te#'with the Project are not feasible or eliminate any benefit to the Developer from this Agree ent. Should Developer exercise its termination rights, any costs incurred related to the Project siail�6ne solely by Developer. 11. Project Completion. Developer "fl'n of the New Improvements has been completed, Cdur, notice to inspect the Swap Pat -eel and New. mprq closing, Developer shall provide to the County all ato built construction plans, an updated survey of the subcontractors and materialmen have been paid, r Developer shall also provide executed deed and ea. the County Attorney's Office. the County in writing once construction 11 have 30 days following receipt of this rats. Following completion, but prior to red permit completion certifications, as- p-�rcel, evidence that all contractors, e1ry`4o the County of lien waivers, it conveyance documents for review by 12. Closing. The closing for the exchange of Parcels gill `bheld on a date mutually agreed upon by the parties, but shall occur no later than three (3) 'moiriths=.after project completion, unless otherwise agreed upon by the Parties. Developer shall convey ih Swap Parcel to the County as well as all New Improvements thereon, and County shall accept the w' Improvements. The County shall simultaneously convey the County Parcel to Developer, Dev eloper shall be responsible for all recording fees and closing costs for both Parcels. Ai th6-ceos g, the County will deliver to Developer the following: a) A warranty deed with fee simple title flee and clear of all liens and encumbrances (except non -monetary encumbrances, if any) conveying the County Parcel to Developer, in the form of Exhibit C; b) An Owner's Title Policy covering the County Parcel with no objectionable title exceptions; c) Possession of the County Tract; and d) Any and all other such documents and instruments as may be reasonably necessary to effectuate the transfer of the County Parcel as provided herein. 3 CAD Packet Pg. 99 OR 6045 PG 1881 9.B.c At the closing, Developer will deliver to the County the following: warranty deed with fee simple title free and clear of all liens and encumbrances accept non -monetary encumbrances, if any) conveying the Swap Parcel to the aunty, in the form of Exhibit C; bill ` f sale, owner's affidavit, attorney affidavit, and subordination for any New Ipr ements not covered by subsection (a) above, in the forms of Exhibit D, if c) The pexeeuted drainage easement described in paragraph 8 in the form of Exhibit E; d) An Owacr's-TA' le Policy covering the Swap Parcel with no objectionable title exceptions; e) Possession the Swap Parcel and New Improvements; and f) Any and all othe such !.documents and instruments as may be reasonably necessary to effectuate the transfer"of the Swap Parcel as provided herein. 13. Maintenance. Upon reed dao6h of the Warranty Deed for the Swap Parcel, the County will become solely responsib"�lor-thperpetual operation and maintenance of the storm water management system on the Swap Prcel ayhich includes the stoimwater pipes, stormwater pond, and associated discharge into the C eoll 6* canal. 14. Waiver of Liability and Claims, v91X assigns (including any and all future owners a nits the Development), hereby waives any and all claims future business damages and loss of access as a resufo Randall Boulevard and Immokalee Road or its construe assigns, tenants and buyers, both residential and cointr Developer a separate written notice of the planned ove will not construct any sound wall or other barrier of any overpass, on behalf of itself, its successors and oth commercial and residential, within damages, including but not limited to ile proposed overpass at intersection of 0.1-beveloper shall give all successors, pl; who purchase or lease land from 1ss w�jh the statement that the County educe the impact or noise of the 15. Compliance with Law. Obligations of the Countyunr this Agreement are subject to approval by the Collier County Board of County Commissioners, anany ther applicable, state, local, or federal law. 16. Cost of Advertisement. Developer shall cover the ful[ cost.xe ` 'Advertising this exchange of property in a newspaper of general circulation published in the Couny, if any. Legal Matters 17. The burdens of this Agreement (including the option to purchase), shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement, including any Property Swaps. 18. Developer acknowledges that the failure of this Agreement to address any permit, condition, term or restriction shall not relieve either the applicant or owner, or their successors or El CA-0 Packet Pg. 100 OR 6045 PG 1882 assigns, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting requirements, conditions, terms or restrictions. '1�1'1 In tk event state or federal laws are enacted after the execution of this Agreement, which are a 4tbjejo-and preclude in whole or in part the parties' compliance with the terms of ' R, this Agreemehdlttfien Jn,such event this Agreement shall be modified or revoked as is necessary to comply with "s�eh-,46w&, in a manner which best reflects the intent of this Agreement. This Agreement shall not be.-o-8pstrued or characterized as a development agreement under the Florida Local Government Vevel'o"pment Agreement Act. 20. All parties tall, ixecute this Agreement prior to it being submitted for approval by the Collier County Boardo) County Commissioners. This Agreement shall be recorded by the County in the Official Re6ords 6f-Collier County, Florida, within fourteen (14) days after the County enters into this Agreemgnt.-, eveloper shall pay all costs of recording this Agreement. A copy of the recorded document rvri,be provided to all pat -ties upon request. 21. This Agreement shall be',g'G'v'( Florida. The parties shall attempt in li000 through negotiation between authorized, i r there remains a dispute under this AgreerZ Alternative Dispute Resolution Procedure. J may then rile an action in the Circuit Court with respect to any disputes arising out of t] toed by and construed under the laws of the State of pith to resolve any dispute concerning this Agreement I ,xtsentatives. If these efforts are not successful, and nt"ffie'parties shall first use the County's then current 0(ow"ifig" the conclusion of this procedure, either party Df �'CWier bo unty, which shall be the exclusive venue 22. This Agreement is a personal Agreerne*' ,,a'n4 the rights and interests hereunder may not be sold, transferred, or assigned, in whole or in part,.-)�'.Jthout the prior written consent of the County, which County may, in its sole discretion, deny such 0fisent. 23. This Agreement constitutes the entire agreem.', the activities noted herein and supersedes and takes the place of entered into between the parties hereto relating to the transaction representations, undertakings, and agreements by or between the, subject matter of this Agreement are merged into, and expressed all prior representations, undertakings, and agreements by and b thereto hereby are canceled. the parties with respect to .d all previous agreements ,mplated herein. All prior hereto with respect to the s Agreement, and any and -9si'h-parties with respect 24. Nothing contained herein shall be deemed or construed to create any of the parties any joint venture or partnership nor otherwise grant to on, authority or power to bind any other patty hereto to any agreement whatsoevel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW or among the right, CAO r--\ S:Z Packet Pg. 101 OR 6045 PG 1883 9.B.c IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest BOARD F UNTY COMMISSIONERS ibi• Cif'+ CRYS-1 lerk O R COUNTY RI A rL $ f: By: By: i 1A PENNY T LOR, Chair AS TO D Signed, sealed and delivered in the presen of: " Signature'' o 17 Printed Name Signatur , == SAM A (=/A Printed Name STATE OF FLORIDA COUNTY OF COLLIER GM ADVISORS, LLC a Florida limited liability company By. r Nam Title: The foregoing instrument was acknowledged before me this 2021, byM:S"'3yjhas of GM Adv liability company, who is personally known to me as. identification. Approf e as to form and legalit . A". sshtlar, Assistant County Attorney \0 Notary -Public My Commission Expires: 2 f .,C, a Florida limited or has produced Z3 *V% 1. SANDY SEMAANNotary Public. State of Florida* 1-41 * Commiss on No. GG302858CW111W Commission Expires 02/17/2023 Col Packet Pg. 102 OR 6045 PG 1884 9.B.c Exhibit tom. Can Packet Pg. 103 OR 6045 PG 1885 9.B.c co...(h Z. e-r C�ounr.3-v 3rowth Management Department Development Review Division ,JTrac 36, Tract 36 of Golden Gate 1 public records of Collier Cc Range 27 East, Collier Cou EXHIBIT "A" Legal Description Golden Gate Estates Unit No.23) Subject to Easements and Res Containing 3.79 Acres more or it No. 23, Plat Book 7, pages 9 through 10 of the Oda, located in Section 27, Township 48 South, e 7,�4,4� `.� cM6 ; .Berman, P.S.M. C7 '-, ,Florrdq (&6eyor and Mapper LS 5086 f, •';' 'r' )u*cLacnd Surveyor c j ..' D �'� 0%07/2021 x .,. ' ',2021-003 Page 1 of 1 2800 N. Horseshoe Drive, Naples 1'torida 34104 (239) 252-2400 a Packet Pg. 104 OR 6045 PG 1886 9.B.c Growth Management Department Development Review Division EXHIBIT "A" 'ract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, 10 of the public records of Collier County, Florida. (Southern Portion of Tract 36) All that part 6f Tr6ct,36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of therblic records of Collier County, Florida, being more particularly described as folly s; - Commencing at the,Nottheas Thence along the easta'af/ Point of Beginning of tear Thence continue along said; southeast corner of said Tract Thence along the south line or, southwest corner of said Tract Thence along the west line of Thence leaving said line North of the parcel herein described. Corner of said Tract 36; aid Tract 36, South 00°19'10" West 78.01 feet to the el herein described; mstjine South 00'19'10" West 449.36 feet to the Subject to Easements and Restrictior Bearings are assumed and based on 00'19'10" East. Containing 3.23 Acres more or less. Ma bus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 County Land Surveyor Date: 10/07/2021 Ref: 2021-005 36, North 89'40'50" West 330.00 feet to the North 00'19'10" East 402.32 feet; 3t 333.33 feet to the point of.Beginning Tract 36 being North i,: Page 1 of 2 . 2800 N. Horseshoe Drive, Naples Florida 34104 (239) 252-2400 C Packet Pg. 105 OR 6045 PG 1887 EXHOBOT A 3KETCH OF DESCROPTOON THE SOUTHERLY PORTION OF TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. i'-YJR Vr TABLE I No. I D& TA I RADIUS I L ENG TIA CH BAR G I DIS TA NCE ICII QJ:3579 53.34.461 334. III IV.8122-40-E.1 334.05- I C21 I I I I GRAPHIC SCALE - 0O.TVZXc'T 36 0 100 150 266 IROA-090%ST OF SIR ,4S r 846 IN FEET I bach = 100 ft. oQ1K 0.1t.15 SOUT"RW- c6 ........ . . . . . . . . pARCEL171 C6 ......... 9AGE2575 .ru ......... . . . . . . . . . . . . . . . . . . . . ZMKS' 8 3 ....... ......... L6 . . . . . . . . . . . . . . . . . . . . . ...... ............ tD 53 35 Umi UNIT o. �t ....... ...... z.. ..... . . . . . . . . . . . . . . ............ ... . ........... . . . . . . . . . . . . ... ............ . . . . . . . . . ............. ............. .............. . ....... ....... ..... ...... ........... ........... ... ... . ........... .............. . . . . . . ........... .... . . . . . . . . . . . . . . . . . ....... . . .. .. ..... ...... .................. . . :--M. -4 5 ............ 89 0! 01W. 34 37 et"W". fdorce 1. BEARINGS ARE BASED ON THE WEST LINE OFTRACT 3$ BEING NORTH W HVIW EAST. 2. DIMENSIONS ARE IN FEETANDOECIMALS THEREOF. 3. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4. PARCEL CONTAINS 3.23 ACRES MORE OR LESS. MARCUS L. BERMAN, P.S.M': . "", -, c : .rt.', -6) ' COLLIER COUNTY SUAVEYORJ.-'1.-" rLOR:DA SURVEYOR & MAPPFR t . COLLIER COUNTY Development Review Division Growth Management Department 2800 North Horseshoe Drive, Naples Plorida 34104 Phone: 239-252-6885 Fax 239.252-6476 Date: Sheet No. SCALE: File N.: 10-07-2021 2 OF 2 v, = 1o0, 2021-0 05 &I %-1 T.W.OAM RW.0"21-W LMhswfbu SA-hd Md M GGEUHA% 10"at 10003 At AkC-D'01 M-9 0—M-4. FPacket Pg. 106 OR 6045 PG 1888 9.B.c coli County Growth Management Department Development Review Division EXHIBIT "A" ract 36 of Golden Gate Estates Unit No. 23, Plat Book 7, 10 of the public records of Collier County, Florida. (Northern Portion of Tract 36) All that part af`Trac it6 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Collier County, Florida, being more particularly described as foil s; '\, Beginning at the Nord sit comer of said Tract 36; Thence along the north .lire of soid Tract 36, also being the south right-of-way line of Immokalee Road (S.R-846),,..334.11 feet along a non -tangential circular curve concave to the north, having a rius of 5334.46 feet, through a central angle of 03°35'19" and being subtende,d-by a toord which bears North 81 °22'40" East, 334.05 feet to the northeast corner`of'sa)dIrapt 36; Thence along the east line of said T"ra 36, South 00°19'10" West, 78.01 feet; Thence leaving said east line Sout - *12`35" West 333.33 feet to a point on the west line of said Tract 36. Thence along said line North 00"19',, Tract 36 and the Point of Beginning Subject to Easements and Restrictions o Bearings are assumed and based on the 00°19'10" East. Containing 0.56 Acres more or less. Marcus L. Berman, P.S.M. Florida Surveyor and Mapper LS 5086 County Land Surveyor Date: 10/07/2021 Ref: 2021-004 3.11 feet to said Northwest corner of `cel herein described. 36 being North !_, Page 1 of 2 MO N. Horseshoe Drive, Naples Florida 34104 (239) 252-2400 Packet Pg. 107 OR 6045 PG 1889 EXHOBUT A 3KETCH OF DESCROPTHOW THE NORTHERLY PORTION OF TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORMA. rt-IRVF rARIF GRAPHIC SCALE- 100 1*0 I inch a 100 it. tyW ............. O.R sOOK 3jW PAOE 2611 No. DELTA I RADIUS 11fi-NOW CH 8 ARING DIS7AIVCE' I Cl I 03:35 79 5334.461 334. III N. 6172 -40 E. 3734 0-6 1MM0KfkLF-F- RoAto II B46 -GV#4jj4G S.R. or-PeRPLI! i 36, PJGW -Vft,*i ....... sho ............ .. ........ M LO to 53 C� 35 Ld Cq N GOLDEN GATE 5ST-ATE'S', UNIT No. 23 z N.89*40'50'W. 330.00' 34 37 1.13EARINGSAREBASED ON THEVIEST UNE OFYRACT36 WHO NORTH OV19W EAST. 2. DIMENSIONS ARE IN PEET AND DECIMALS THEREOF. 31SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4. PARCEL CONTAINS 0A ACRES MORE OR LESS. MAR CUS L. OMMAN. P.S.M-- COLLIER COUNTY SURVEYOR FLORIOA SURVFYOR & MA "OBO Ik'S 7 77*7. COLLIER COUNTY Development Review Division Growth Management Department 2800 North Horseshoe Drive, Naples Florida � 4104 Phone: 239-252-6885 Fax 239-252-6476 SCALE: I File No: v,= iou 12021-004 V.P—NE"-Wq fa"WfAb SUMAY DPAYMN&W-Ift, 0- W.AMI-M h-d, P.,0-1 7— 34 40t U21A,,. 11VA=1 W212 ^ A —CAD, Fbf(dm" Da--ft4pc3 I Packet Pg. 108 OR 6045 PG 1890 9.B.c Exhibit ��N Y Ft s4 Packet Pg. 109 OR 6045 PG 1891 9.B.c Growth Management Department Development Review Division EXHIBIT "B" Legal Description (Tract 52, Golden Gate Estates Unit No.23) Tract 52 of Golden-G e Estates Unit No. 23, Plat Book 7, pages 9 through 10 of the public records of Crier County, Florida, located in Section 27, Township 48 South, Range 27 East, Cqtlier County, Florida. Subject to Easement's and Restrictions of Record. Containing 5 Acres more cir less: 0 tas L"' .eman, P.S.M. ,n Florida-6u4.�y6r and Mapper LS 5086JI 'cJ�Inty, Lrid'Surveyor Date: 10/07/2021 Ref: 2021-002 Page 1 of 2 2800 N. Horseshoe Drive, Naples Florida 34104 (239) 7t52-2400 CNO Packet Pg. 110 OR 6045 PG 1892 9.B.c EXHUBQT B SKETCH OF DD ESCRupT UONJ ALL OF TRACT 52 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. Q GRAPHIC SC ( IN FEET ) 1 inch — 100 ft 53 i 54 I I I I I 1 55 S.89"40'50"E. 330.00' 22ND AVE NE 60' ROAD EASEMENT ti. :• „ �'�; 1. BEARINGS ARE BASED ON THE WEST LINE OF TRACT 52 BEING NORTH W IWIB'EAST. 2. DIMENSIONS ARE I4 FEET AND DECIMALS THEREOF. MAITCUS L. BERNIRT P.SU =' �'' , • •^ �•` i� 9. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. COLLIER COUNTY SURVEYOR.,•�' �� �•'•, �" 4PARCEL CONTAINS 5 ACRES MORE OR LESS. FLORIDA SURVEYOR & MA.HP�f� C$ SOBt# i- COLLIER COUNTY Development Review Division Growth Management Department 2800 North Horseshoe Drive, Naples Florida t14104 Phone: 239-252-6885 Fax 239-252-6476 Date: Sheet No. SCALE- File No: 10-11-2021 2 of 2 1" = 2o' 2021-002 O Packet Pg. 111 OR 6045 PG 1893 9.B.c Exhibit C tom. CNO Packet Pg. 112 OR 6045 PG 1894 9.B.c Prepared by and return to Caller County Transportation Engineering — ROW 2885 South Horseshoe Drive Naples; Fiodda 34104 [space above for recording data] PROJlfQT:.....:_ PARCEL: FOLIO: WARRANTY DEED THIS WARRANTY DEED is made this day of , 20_, by [insert grantor(s) name(s)'in caps and bold followed by marital status in lower case non -bold], whose mailing address ';f [insert mailing address] (collectively [delete if not applicable], "Grantor"), to COLLIER&{COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tarniami Trail East, clo the Office of the County Attorney, Suite 800, Naples, FL 34112 ("Grantee"). , (Wherever used herein the terms Grantor and `Grantee" Include all the parties to this instrument and their respective heirs, legal representatives; succmeirs, and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) ; WITNESSETH: That Grantor, for and,in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, ih ceiptend sufficiency of which is hereby acknowledged, hereby conveys to Grantee, the foliowihdescribed land situate in Collier County, Florida: See Exhibit "A' attache"rein, [or insert legal description] Being [choose one] all / a portion ` e property conveyed to Grantor by Deed recorded in Official Record Book gage of the Official Records of Collier County, Florida. TO HAVE AND TO HOLD the same, togetha th all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertalping,,"in'fee simple forever. Grantor hereby covenants and warrants that Grantor is lawfully seized of said property in fee simple; that Grantor has good right and lawful authority t6'self and convey the property; that Grantor hereby fully warrants the title to the property and will defend the same against the lawful claims of all persons whomsoever; and that the property is free'of all encumbrances except for easements, covenants, and restrictions of record and the lien "of-, real estate taxes and assessments not yet due and payable. Grantor represents that Grantor's property (choose one] is homestead,property [or] is not homestead property, nor is it contiguous thereto. This property (choose one] is / is not being acquired by Collier County pursuant to a petition in eminent domain and [choose one] is / is not subject to the restrictions imposed by Section 73.013, Florida Statutes. [choose "Is" if a condemnation suit has`been_tlleid]'f This property is being acquired under the threat of condemnation and documentary stamp tax. [delete if not a capital improvement project] ( signature page follows ] GAo Packet Pg. 113 OR 6045 PG 1895 9.B.c IN WITNESS WHEREOF, Grantor has executed this instrument on the day and year first Signature ('Witness 21 Printed Name STATE OF FLORIDA COUNTY OF', The foregoing instrument wasc presence or ❑ online notarization , is grantor(s) name(s) in caps and bold fol who: is / are [choose one] personally kn OR produced ❑ a driver's license, OR (afros notarial seal above) Approved as to form and legality: Assistant County Attorney Last Revised 6/15aI Grantor: [name of grantor, caps not bold] (name of grantor, caps not bold) led before me by means of ❑ physical day of , 20_, by [Insert V. marital status in lower case non -bold], as identification. Serial / Commis; My Commission 2 CNO Packet Pg. 114 OR 6045 PG 1896 9.B.c Exhibit tom; CNO Packet Pg. 115 OR 6045 PG 1897 9.B.c Form 8 - Rev. 2004 (Utility Facilities Warranty Deed and Bill of Sale) [Leave 3" blank space in upper right hand corner for recording purposes]. THIS INDENTURE made this day of , 20 , between [Name of Grantor - see Instruction No. 2] �'dieteln 'ter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLI�R COUNTY, FLORIDA, its successors and assigns, (hereinafter referred to as "Grantee"). NESSETH: That said Grantor, for and in consideratio'i` consideration to said Grantor in hand paid has granted, bargained and sold to the said Grantee a [identify all types of drainage facilities being cony thereof lying in, on, over and under the following` repair and/or maintenance of said facilities, system(s) in Collier County, Florida, to wit: n of Ten Dollars ($10.00) and other good and valuable lantee, the receipt whereof is hereby acknowledged, grantee's heirs, successors and assigns forever, all e�d],ita,nage facilities and/or system(s) or portion(s) desorib dnd, for operation, relocation, installation, or portions) thereof, all situate and lying and being (See Exhibit "A" attached hereto and incorporated I bY reference herein.) (Exhibit "B" attached hereto is a sketch or other graphic °A representation that depicts the physical location of the drainage syste�bOii conveyed.) and said Grantor does hereby fully warrant the title to said drainage facilitieseand/dr system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend sic "t against all claims of all persons whomsoever. For the purposes of this conveyance, the drainage".-fiacilti ; system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in either exhibit. Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic representation showing the location of the drainage facilities, etc., being conveyed is attached as Exhibit "B„ TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, Page I of 2 Cp,.0 Packet Pg. 116 OR 6045 PG 1898 9.B.c operating, repairing and/or otherwise maintaining drainage systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITN8S'§,,"V4BAE0F, Grantor has caused these presents to be executed the date and year first above written. and signature block - see Instruction No. 31 (Acknowledgment and notary block - see Instruction No. 4] Page 2 of 2 Packet Pg. 117 OR 6045 PG 1899 9.B.c Form 6 - Rev. 2004 (Owner's Affidavit) OWNER'S AFFIDAVIT STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared is well known, and having.beewd y sworn and under oath, deposes and states: who to me 1. My name is , 1 am over the age of twenty-one (21) years, am sid juris, and have personal knowledge of the fads ass9hed herein. 2. 1 am the owner of said real propert3 "A", which shows the location of the facilities being conveyed. 3. All persons, firms, and corporations, including'tl ) sub -subcontractors, materialmen and suppliers"' rho to plans and specifications, or extra items; used i the type of drainage facility] drainage systems) or portior have been paid in fill and that such work has been fu current owner of such facilities. and described on Exhibit contractor, all laborers, subcontractors and shed services, labor or materials according ction, installation and/or repair of [identify eof on the real estate hereinafter described, and unconditionally accepted by the 4. No claims have been made to the owner, nor is any suit no ending on behalf of any contractor, subcontractor, sub -subcontractor, supplier, laborer or material -men, an o eh►ttel mortgages or conditional bills of sale have been given or are now outstanding as to the subject drainage sy_stem(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the subject drainage systern(s) or portion(s) thereof and/or easements `if " ny, being conveyed to the County is not encumbered by any recorded mortgage, recorded assignment oti.2t or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded doeumieht that imposes a security interest that could negatively affect conveyance of marketable title to the drainage system(s) or portion(s) thereof and/or any easement being conveyed to the County. OR Title to the drainage system(s) or portion(s) thereof and/or easement (s) being conveyed to the County is subject to the following security interest(s) by the following recorded instrument(s): Page I of 3 NO C Packet Pg. 118 OR 6045 PG 1900 9.B.c 1. Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] , dated , and x6r edat O.R. Book , Page et seq., Public Records of Collier County. 2. OCC-liancing Statement, recorded at O.R. Book , Page , Public Records of 3. UCC-1'6cordedwith Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book [INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and each UCC-1, and/or each other recorded document that is a security interest that could negatively affect conveyance of good and inarkeett lede tito the to any of the drainage system(s) or portion(s) thereof (and/or easement(s), if any) being can yhe County. If good, marketable title to the drainage system(s) or portion(s).thereof and/or any easemrlhlsucb s ,,being conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe ea.recorded security instrument, including the book and first page where that.security instrument -'has bee .recorded. It is not necessary to attach a copy of any such recorded document. to the Affidavit. Do not list att3%Notipe of Commencement or any Reservation of Mineral Rights, etc., because such -documents -do not.inlpress any security interest against good, marketable..title to the drainage system(s) or portion(s) thereof of d o/ Kvasement(s), if any, being conveyed to the County.] 6. As and on behalf of the owner of the subjec drahage system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold e gaard of County Commissioners of Collier County, Florida harmless against any lien, claim or suit by al genei contractor, subcontractor, sub -subcontractor, supplier, mechanic, material -man, or laborer, and a0iinst h l mortgages, security interests or repair of the subject drainage system(s) or portion(s) thereof by orn behalf of Owner. Affiant is used as singular or plural, as the context requires. u 7. The drainage systems) or portion(s) thereof referred to hereir described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this day of , 20 Owner/Afftant's Signature . Printed Name of Affiant located within the real property SWORN TO AND SUBSCRIBED before me by means of ❑ physical presence or ❑ online notarization, this day of , 20_, by (name of Owner/Affiant makingstatement) tatement) , who is ❑ personally known or © produced (type of identification produced) as identification. Page 2 of 3 Cp,0 Packet Pg. 119 OR 6045 PG 1901 9.B.c (Signature of Nota•; (Printed or Ty'pad Prepared by: [name [Address of person 0712021 Public) Notary Public) r* preparing this instrument] ring this instrument] j`.Iou..irial I Page 3 of 3 Packet Pg. 120 OR 6045 PG 1902 9.B.c Form 5 - Rev. 2004 - (Attorney's Affidavit) STATE COUNTY OF BEFORE ME, the undersigned auth appeared deposes and states: 1. My name is otherwise sui juris, and have person 2. 1 am a licensed attorney, Floric currently practicing law in ATTORNEY'S AFFIDAVIT on this day of , 20 , personally , who is to me well known, and having been sworn upon oath, , I am over the age of twenty-one (21) years, am edge of the facts asserted herein. , authorized to practice law in Florida and am of Florida. My business address is — My business telephone number is .. My business mailing address is 3. This Affidavit is given as an inducement to the Board Florida, to accept the dedication or conveyance of [identify portion(s) thereof located within or upon the real property``( incorporated herein by reference, said land being located in 4. The Affiant has examined record title information to the underl: facilities being conveyed to the County referenced in this affidavit, incl requested from the Florida Secretary of State relative to any Up statements. Commissioners of Collier County, page facility] drainage system(s) or the attached Exhibit "A", which is rnty, Florida. property and the drainage .not limited to, information in nercial Code financing 5. The record owner of the underlying real property described herein is [give full legalname of owner as it appears in title information; if owner is an entity, make reference to the laws of thestateor jurisdiction under which entity was created and presently operates] (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book , at Page (insert official record book and first page of instrument where owner acquired title), Public Records, Collier County, Florida. [INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined corporate or partnership information obtained from the jurisdiction under which the entity was created and presently Page I of 3 Packet Pg. 121 OR 6045 PG 1903 9.B.c operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the subject real and'personal property. Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the,Aapt shall state that the Trustee has full power and authority to execute instruments of conveyance .o bebaif of the Trust and, if applicable, incorporate by reference and attach supporting documentation.) [jf tlse cord owner is an individual, the Affiant must state the marital status represented to the Affiant by't diviIdpal and, if married, state whether the real property is or is not homestead property. If the drainae�-cllities being conveyed are located wholly within public right-of-way, the Affidavit should state tlt fact.] 6. Title to the subject draih6,ge s stem(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbereof record. Title to the drainage systems) encumbered by the following h 1. Mortgage (or Assignment of:R, a security interest against title tc conveyed to the County] to [list n and recorded at O.R. Book , 2. UCC-1 Financing Statement, i Collier County. 3. UCC-1 recorded with Florida Book , page OR thereof and/or easement(s) being conveyed to the County is ts) (describe only recorded instruments that impress s) or portion(s) thereof and/or any easement being ortgagee(s)] , dated .t seq., Public Records of Collier County. , Book , Page , Public Records of Tallahassee (Leon County), Florida at O.R. [INSTRUCTION: The Affiant must list each mortgage, assipnmeit of rents and profits, UCC-I (s) or other security instrument that impress a security interest that could negatively affect conveyance of good title to the drainage..system(s) or portion(s) thereof and/or easeme tt ), ifony, being conveyed to the County. If marketable .title -to the ;drainage system(s) or portion(s) thereof d/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant shall 'describe the respective security instrument, including the,bpok and.first page where the security instrument has been.recorded. It is not necessary to attach a copy of any such document to .the Affidavit. This Affidavit mst list each security interest that is listed in the O}vner's Affidavit, and, each such security interest mus be subordinated. Do not list a Notice. of.Commencement:or Reservation of ivlineral Rights, etc., bec dse;such instruments do not negatively affect marketable title to the drainage system(s) or portion(s) thereofnd/or easement(s) being conveyed to the County. if all of the drainage facilities being conveyed to the County re located in public right-of-way, do not list mortgages, etc., if they do not encumber after acquire,c p that is located in public right-of-way. Claims asserted under Chapter 713, Florida Statutes, must be "trans'erred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the_C#punty Attorney must be provided to the County before the County will grant preliminary acceptance of title to such facilities. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. [INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to the submittal Page 2 of 3 CNO Packet Pg. 122 OR 6045 PG 1904 9.B.c of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider preliminary acceptance of the subject drainage system(s) or portion(s) thereof documents.] FURTHER,�AFF%ANT SAYETH NAUGHT. DATED this,,, .. day of , 20 Attorney/AfFiant's Attorney/Affiant's Name �,— SWORN TO AND SUBSCRIBED" for me by means of ❑ physical presence or ❑ online notarization, this day of 20 `;..by -Iname of attorney/affiant making, statement) , who is O personally known or O produced ettv§e of identification produced) as identification. (Signature of Notary Public), (Printed or Typed Name of Notary Public) Prepared. by: [name of person preparing this instrument] [Address of person preparing this instrument] 07/2021 Page 3 of 3 W Packet Pg. 123 OR 6045 PG 1905 9.B.c Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination) [Leave 3" space, blank space in upper right hand corner for recording purposes] THIS SUBORDINATION js dated this day of _, 20 , by [Insert the complete and correct name of the Secured Pa ty - see Instruction No. 2] (Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY�CDMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, (hereinafter referre(to as "County"). Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Sub&knaiion;is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the E clumbered Drainage Facilities and/or the related Drainage Easement(s) being conveyed to Collier Canty; which Drainage Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below -listed security instrume ts); and WHEREAS, the Secured Party is the owner att"older bf a [Mortgage or Assignment of Rents and Profits, UCC-I *, etc. ], recorded in Or�r�,ecords Book ,Page , et seq., Public Records of Collier County, Florida, [and r1, ble], as amended by a , recorded at O.R. Book, Page et seq., Public Records ofollier County, Florida.; and [NOTE: *UCC-i s are usually subordinated by UCC-3s. ti`A 0(:C-Tor UCC-3 is recorded outside of Collier County, insert the Book, Page and place (usually Tallahassee),�6f the, recordation of each such UCC-1 or UCC-3]. WHEREAS, the Secured Party is also the owner and holder ofa , recorded at O.R. Book, Page , et seq., Public Records of Collier County, *Florida, as amended by a recorded at O.R. Book, Page et. seq.,,_ Libli# Records of Collier County, Florida; and WHEREAS, each above -referenced Security Instrument grants to this Secured p `y y.a security interest that encumbers good and marketable title to the Encumbered Drainage Facilit' eg .conveyed to Collier County, and/or encumbers the related Drainage Easement(s), if any, also being convey to Collier County, which Drainage Facilities have been constructed within such easement(s) and are utr ed'r,n and/or over the underlying real property; and WHEREAS, prerequisite to the conveyance of the Drainage Facilities and/or related Drainage Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Drainage Facilities being conveyed to the County and (ii) each related Drainage Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Encumbered Drainage Facilities being conveyed to Collier County, and/or to each Drainage Easement(s), if any, being conveyed to the County, which encumbered Drainage Pagel of 2 Packet Pg. 124 OR 6045 PG 1906 9.B.c Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNES V ERBOF, the Secured Party has caused this Subordination to be executed the date and year first above wren. [Inse t correct witness and signature block - see Instruction No. 3] [Ackrowledgment and notary block - see Instruction No. 4] Prepared by: [Insert name and tr et address of the individual who prepared this Subordination] [NOTE: Upon request, County t ff wilbprovide examples of properly executed Subordinations]. 07/2021 Page 2 of 2 Packet Pg. 125 OR 6045 PG 1907 9.B.c Exhibit tom. Packet Pg. 126 OR 6045 PG 1908 9.B.c Project: PARCEL: Folio No.: DRAINAGE EASEMENT THt EASEMENT, made and entered into this day of >�, 20 , by , whose mailing address is, (hereinafter referred to as 'Grantor"f, to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address,,is 3299 Tamiami Trail East, c% the Office of the County Attorney, Suite $00, Nap#es, Florida 34112 (hereinafter referred to as "Grantee"). (Wherever use erein. the terms "Grantor" and "Grantee" include all the parties to this instrument an their..respective heirs, legal representatives, successors and assigns. Grantor and Grantee to used for singular or plural, as the context requires.) kW ITN ESSETH: Grantor, for and in consideration '1 consideration paid by the Grdnt th acknowledged, hereby conveys gre0! perpetual, non-exclusive drainage a se drainage structures and facilities, inclut berms, rip -rap and retaining wall syste water control structures over, under, u located in Collier County, Florida, to wit: See attached incorporated TEN DOLLARS ($10.00) and other valuable receipt and sufficiency of which is hereby Oargains and sells unto the Grantee, a int,to enter upon and to install and maintain g"f:, not limited to ditches, swales, earthen s, u erground pipes, and various types of nd. across the following described lands is Subject to easements, restrictions, and !pWvyeitons of record. THIS HOMESTEAD TO HAVE AND TO HOLD the same unto the Grantee f, thcr with the right to enter upon said land and to place and/or excavate ma4e, als <' 0' r the purpose of constructing, operating, and maintaining drainage facilities, there6n.. This easement includes the right to remove and use any and all excavated material The arties record that Grantor has received full compensation for all improvementlocad within the easement area, including, but not limited to, The easeme ranted herein shall constitute an easement running with the land and shall burden t�nds i escribed above. IN WITNESS WHEREOF, the Grantor has caused these presents to be date and year first above written. WITNESSES: (Signature) (Print Name) (Signature) CAQ Packet Pg. 127 OR 6045 PG 1909 9.B.c (Print Name) WITNESSES: (Print Name) STATE OF COUNTY OF The foregoing Drainage Easi#m physical presence or onli'n�,,,r 20 , by ` is personally known to me OR produced identity. acknowledged before me by means of ❑ n this day of . who: proof of (affix notarial seal) (Si ture-nf Notary Public) (Print Onet.4f Notary Public) Serial / Com # (if any): My Commission Ex res. STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me bpi m,ts of El physical presence or El online notarization this day of 20 , by who: is personally known to me OR produced as proof of identity. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) Serial / Commission # (if any): Last Revised: 06/26/18 CX0 Packet Pg. 128 *** OR 6045 PG 1910 *** 9.B.c My Commission Expires: Approved as to form and legality: Last Revised: 06/26/18 0O Packet Pg. 129 INSTR 6238712 OR 6114 PG 3144 RECORDED 4/21/2022 11:08 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 9.B.c FIRST AMENDMENT TO LAND EXCHANGE AGREEMENT GM ADVISORS, LLC THIS AMENDMENT (hereinafter referred to as the "Amendment") is made and entered into this _V.-L of April, 2022 (the "Effective Date"), by and among GM Advisors, LLC, a Floridamited liability company (hereinafter referred to as the "Developer") and Collier Co la ida, a political subdivision of the State of Florida (hereinafter referred to as "County" ),'; a individually referred to as the "Party" and collectively referred to as the "Parties." i RECITALS: WHEREAS, the parties:,entered into a Land Exchange Agreement dated November 9, 2021 (hereinafter referred to.as the "Agreement"), a copy of which is recorded at OR 6045, Page 1878 in the Collier CountyJR,epords; and WHEREAS, the parties wish to °extend the Schedule set forth in paragraph 4 of the Agreement by 90 days as set forth below, -and WHEREAS, the Collier Courrry oirds of County Commissioners hereby finds that this amendment is in the best interest ofhe ounty. NOW, THEREFORE, in consideration of,7en Dollars (10.00) and other good and valuable consideration exchanged amongst the parties,"�4nd in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITALS are true, -`)and correct and are hereby expressly incorporated herein by reference as if set faith fully�be11 low. 2. Paragraph 4 of the Agreement is hereby amende Schedule. Design of the New Improvements shall be completed 'no later than nine 9 sir-(6) months from the Effective Date unless vtlferw e mutually agreed upon by the parties. Permitting of the New Improvements shall be completed no later than fifteen (15) twelve-(12) months from h &fective Date unless otherwise mutually agreed upon by the parties. Construction of the New Improvements shall be completed no later than two (2) years and three (3) months from the Effective Date, unless otherwise mutually agreed upon by the parties. 3. The County Manager may further extend the Agreement by an additional 90 days without the need of Board approval. Additional extensions of time will require Board approval. 4. Except as expressly provided herein, the Agreement remains in full force and effect according to the terms and conditions contained therein. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. Packet Pg. 130 *** OR 6114 PG 3145 *** IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ATT- -EST: -Kinzel, Clerk of Courts aepty Clir k li pprov Jeffiev AiKlat AS TO DEVELOPER: liability Signed, sealed and delivered in the presence of. Si ature Printed Name Signature i V, - �;;7 9 N Printed Name BOARD OF COUNTY COMMISSIONERS COLLIER CO I RIDA . . By: Willi �h' L. McDaniel, Jr., Chaidnan- By: _ Nam( Title: GM ADVISORS, LLC a Florida limited ?I_ Packet Pg. 131 INSTR 6391015 OR 6237 PG 2674 RECORDED 4/18/2023 2:24 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 9.B.c SECOND AMENDMENT TO LAND EXCHANGE AGREEMENT GM ADVISORS, LLC THIS Al JENDMENT (hereinafter referred to as the "Amendment") is made and entered intoAts of '( 2023 (the "Effective Date"), by and among GM Advisors, LLC; a Florida fimited liability company (hereinafter referred to as the "Developer") and`Co ier County, Florida, a political subdivision of the State of Florida (hereinafter refer•e �to` as "County"), each individually referred to as the "Party" and collectively referred to ' xhe "Parties." WHEREAS, the partii 2021 (hereinafter referred to Page 1878 in the Collier Cou WHEREAS, the parties i Agreement dated April 2, 2022, a Collier County Records; and WHEREAS, the parties wish to Agreement as set forth below; and RECITALS: into a Land Exchange Agreement dated November 9, ;reement"), a copy of which is recorded at OR 6045, Is; and the First Amendment to Land Exchange �h is recorded at OR 6114, Page 3144 in the chedule set forth in paragraph 4 of the WHEREAS, the Collier County Board of Gotrnty► 7,o. amendment is in the best interest of the County.`` NOW, THEREFORE, in consideration of Ten Dolta valuable consideration exchanged amongst the parties, and in contained herein, the parties agree as follows: sioners hereby finds that this 1. All of the above RECITALS are true and correct incorporated herein by reference as if set faith fully below. 2. Paragraph 4 of the Agreement is hereby amended as follows: and other good and ion of the covenants Schedule. Design of the New Improvements shall be has been completed other -wise and mutually enhe paies. Permitting of the New Improvements shale was completed o n J a n u a ry 13. 2 0 2 3 with the issuance of South Florida Water Management District Individual Environmental Resource Permit No. 1 1-10 8 0 7 7 - P . ne-later thanfifteen (1 c) twelve (1 2) months� o� expressly Gp,O Packet Pg. 132 OR 6237 PG 2675 9.B.c 3. without tl the E ff etiye Date unless otherwise mutually agreed upon by !he pal4ies. Construction of the New Improvements shall commence by March 31. 2024 and shall be completed within 150 days (by August 28 2024Ztwe years and ..-. e (3) menths from the EMe=..eDa! , unless otherwise mutually agreed upon by the parties. Manager may further extend the Agreement by an additional 90 days I approval. Additional extensions of time will require Board approval. 4. Except as ecpressly provided herein, the Agreement remains in full force and effect according to the tdr and `tRonditions contained therein. If there is a conflict between the terms of this Amendment and tleement, the terms of this Amendment shall prevail. IN WITNESS WHEIZ0017, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of 6date first above written. AS TO COUNTY: ATTEST: Crystal K: irk of Courts AS TO DEVEL61: Si ed, sealed and delivered irAbe presence of: Printed Name Signature CAOF-A Printed Name OF COUNTY COMMISSIONERS R. COUNTY, FLORIDA ,G GM ADVISORS, Chairman limited liability company nolo Packet Pg. 133 *** OR 6237 PG 2676 *** 9.B.c STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ay of 97 o rcl, 2023, by lyl j rj, ,y.l 0 r. j , as '- of GM Advisors, LLC, a Florida limited liabi' c6 1' any, who is personally kAwn to mew_ or has produced asidentification. ty. Ca W*" # M 3Wfl6 Eqhl Jmmry 17, 2Q27 as to form and County Attorney h r Notary Publ' My Commission Expires: a - 11- p-j 0010 Packet Pg. 134 9.B.d GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT To: From: Date: ZONING DIVISION CONSISTENCY REVIEW MEMORANDUM Laura DeJohn AICP, Planner II, Zoning Services Section Kathy Eastley, AICP, Planner III, Comprehensive Planning Section 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. Packet Pg. 135 9.B.d GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 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: 2 Packet Pg. 136 9.B.d GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 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 Packet Pg. 137 9.B.d GMA Commercial Subdistrict Consistency Review Memo 12/26/2023 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 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 Packet Pg. 138 9.B.g 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.dejohnL&colliercoun . fl.-ov From: Steve <steveoh2222@yahoo.com> Sent: Wednesday, August 16, 2023 11:03 AM To: LauraDeJohnVEN <Laura.DeJohn@colliercountyfl.gov> Cc: ThomasClarkeVEN <Thomas.Clarke@colt iercountyfl.gov> Subject: 20230002458 PUDZ / 20230002460 GMPA Packet Pg. 139 9.B.g 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 with 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. Packet Pg. 140 9.B.g 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. Packet Pg. 141 9.B.g LauraDeJohnVEN From: Sent: To: Cc: Subject: Steve <steveoh2222@yahoo.com> Wednesday, August 16, 2023 11:03 AM LauraDeJohnVEN ThomasClarkeVEN 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 with 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. v N N r O N cC a c 2 a r Q r c a� E c� Q Packet Pg. 142 9.B.g 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 Packet Pg. 143 9.B.h SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petition of the petitioner's agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner's agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirements of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1. The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2. The sign must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may no be affixed to a tree or other foliage. 3. The petitioner or the petitioner's agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petition or the petitioner's agent must replace the sign(s). NOTE: AFTER THE SIGN HAS BEEN POSTED, THIS AFFIDAVIT OF POSTING NOTICE SHOULD BE RETURNED NO LATER THAN TEN (10) WORKING DAYS BEFORE THE FIRST HEARING DATE TO THE ASSIGNED PLANNER. AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED JEREMIE CHASTAIN, AICP, LEAD PLANNER WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPERTY NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBERS PL-20230002458 & PL-20230002460. Hole Montes, a Bowman Company SIGNATURE OF APPLICANT OR AGENT 950 Encore Wav Jeremie Chastain, AICP, Lead Planner NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER STREET OR P.O. BOX Naples, FL 34110 CITY, STATE ZIP The,foregoing instrument was sworn to and subscribed before me this 9th day of January 2024, by means of _� physical presence or online notarization, by Jeremie Chastain, AICP, Lead Planner, who is personally known to me _ or who has produced as identification and who did/did not take an oath._ STE►HANIEKAROL `/I�j�j�n1l�1l��VVV��! uW�fUC ;g Notary Public State of Florida Commission M GG 965939 Signatur of Notary Public oFn My Comm. Expires Mar 9, 2024 Bonded through National Notary Assn. , � 1 „� � 'I Y( �l I My Commission Expires: Printed Name of Notary tPublic (Stamp with serial number) Packet Pg. 144 9.B.h PUBLIC HEARING NOTICE GMA CPUD (PL-20230002458) & GMA COMMERCIAL SUBDISTRICT (PL-20230002460) CPCC: FEB 15 2024 — 9:00 a.ra. BCC: MARCH 26, 2024 — 9:00 a.m. BOARD OF COMMISSIONERS' CHAMBERS THIRD FLOOR, COLLIER COUNTY GOVERNMENT CENTER 3299 TAMIAMI TRAIL EAST, NAPLES, FL 34112 LAURA DEJOHN, AICP : 239-252-5587 KATHERINE EASTLEY, AICP,.PLANNER III: 239-252-2834 0 r a� a c 0 N N CD Packet Pg. 145 16A WEDNESDAY, MARCH 6, 2024 1 NAPLES DAILY-.ME.TA[c -- aAQ7 NOTICEOF PUBUC' FEARING I NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County commissioners (BCC) at 9:00 A.M. on March 26, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamlami Trail, Naples FL to consider: 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 d WHICH UP TO 80,OD0 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF -STORAGE. THE SUBJECT PROPERTY IS LOCATED SOUTH OF IMMDKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE INTERSECTION OF ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 9.84: ACRES; G IMMOKALEE AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; d PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE; [PL202300024601 i U AND Q AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 ATLAq MAP OR MAPS BY � CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE ESTATES (E) ZONING DISTRICT WITHIN RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT N WELLFIELD (CPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 FOR A PROJECT AS GMA CPUD, TO ALLOW 125,000 SQUARE FEET OF GROSS FLOOR AREA OF COMMERCIAL INTERMEDIATE (C-3) AND Q TO BE KNOWN INDOOR AIR-CONDITIONED MINI AND SELF -STORAGE (SIC 4225) USES, OF WHICH UP TO 80,000 SQUARE FEET OF GROSS FLOOR AREA CD MAY CONSIST OF INDOOR AIR-CONDITIONED MINI AND SELF -STORAGE FOR THE PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD; N 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 BY PROVIDING AN EFFECTIVE DATE. [PL202300024581 cm a ..... . ... ............ ........ .... _..... ...... ..._.._--.... .. .. ......._ ."r o . .. yr CD i Project Location A copy of the proposed Ordinances is on file with the Clerk to the Board and is availabie'for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda Item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will became a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific eveWmeeting entry on the Calendar of Events on the County website at www.colliercGUntyfl.gov/0ur-countylvisitors/calendar-oi-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting, or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Wiilig@coiliercountylf.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal Is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COWER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Jennifer Hansen, Deputy Clerk (SEAL) Packet Pg. 146 1 9.B.i NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER ORDINANCES Notice is hereby given that a public hearing will be held by the Collier County Board of County- Commissioners (BCC) at 9:00 A.M. on March 26, 2024, in the Board of County Conunissioners meeting room, thud floor, Collier Govertunent Center, 3299 East Tainiarni Trail, Naples FL to consider: 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 INTERiMEDIATE (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 9.84f ACRES; AND FURTHERMORE, DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. (PL202300024601 AND AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 THE ESTATES (E) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT WITHIN WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 FOR A PROJECT TO BE KNOWN AS GMA CPUD, 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 AIR - IT TO 80,000 SQUARE FEET OF GROSS FLOOR AREA MAY CONSIST OF INDOOR AIR- CONDITIONED MINI AND SELF -STORAGE FOR THE PROPERTY LOCATED SOUTH OF IMMOKALEE ROAD, APPROXIMATELY 773 FEET WEST OF THE Packet Pg. 147 9.B.i INTERSECTION OF IMMOKALEE ROAD AND RANDALL BOULEVARD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 27 EAST, CONSISTING OF 9.84± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20230002458] (See map Below) A copy of the proposed Ordinances is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to three (3) minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman. a spokesperson for a group or organization may be allotted ten (10) minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public continents remotely, as well as in person, daring this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific eventhneetinng entry on the Calendar of Events on the County website at ww%v.coiliercoiuntyfl.gov/our-countytvisitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting. or any deadline specified within the public meeting notice. Individuals who register will receive an email in. advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyf.l.gov. Any person who decides to appeal any decision of die Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Taniianii Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two (2) days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COlYWISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Jennifer Hansen, Deputy Clerk (SEAL) Posted to notices c,'c©llierclerlr.coin on March 6, 2024 Packet Pg. 148 okaTee ON P5 Project Location ti N O� N ti N N 06 ti O CO N N r+ Q Packet Pg. 149 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. ColLie,�r�ty COLLIER COUNTY GOVERNMENT GRODUTH MANAGEMENT DEPARTMENT www.colliercountvfl.eov 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 Pre -Application Meeting Notes PUD Rezone (PUDZ)& Companion Petition Type: GMP Amendment (GMPA) Date and Time: Wednesday 3 / 15 / 2 3 at 1 : 3 0 PM Laura DeJohn - PUDZ Assigned Planner: Kathy Eastley - GMPA Engineering Manager for PPL's and FP's): Project Information Randall Blvd - Immokalee Road (PUDZ) Project Name: Randall Blvd-Immokalee Road Subdistrict (GMPA) 20230002458 (PUDZ) PL#: 20230002460 (GMPA) 37742880001,377428�OOOy Property ID #: 3 7 "7 4 4 0 0 0 0 0 9 Current Zoning: 13062 Immokalee R ad, Naples Project Address: City: estates (E) FL 34120 State: Zip: Applicant: Hole Montes, Inc . - Stephanie Karol Agent Name: Bob Mulhere, President Phone: 239-254-2018 Agent/Firm Address: 950 Encore Wa City: Nap 1 e s State: FL Zip; 34110 Property Owner: GM Advisors LLC & Collier Cnty Transportation Right-of-way Please provide the following, if applicable: i. Total Acreage: 10 . 4 4 ii. Proposed # of Residential Units: iii. Proposed Commercial Square Footage: iv. For Amendments, indicate the original petition number: v. If there is an Ordinance or Resolution associated with this project, please indicate the type and number: vi. If the project is within a Plat, provide the name and AR#/PL#: Updated 1/12/2021 Page � 1 of 5 Collier County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.coll iercou ntyf I.�ov Meeting Notes 2800 NORTH HORSESHOE DRIVE MAPLES, FLORIDA 34104 �239) 252-2400 As of 10/16/2017 all Zoning applications have revised applications, and your associated Application is included in your notes; additionally a *new Property Ownership Disclosure Form is required for all applications. A copy of this new form is included in your pre-app Note —link is https://www.colliercountvfl.aov/Home/ShowDocument?id=75093 �o,rt! 1 � � r' � n �- .Q �vl� n� _ �Q�a-- �-��t�t�0 h 2 tit �-� L �� � N D 7"�� C°v.v ��"!%/Lrtti w .4► � .t� �.— K t G�ir�..., t� Q lL7i, -- Yl _ �/�. c ,fit.._ C�.U.v�/�-t�'t" lc,. t`i� �i..�► c T. e..� . r C� s T- .� ry �C� �i'H NI'�'�r �`e� S ---" G � K, b ��4'k�7���. ��c.,4 L��..� C-�.�c.Ti�. G�' w� �1 Q� � i � dti c -- S�� t��-G Q- If Site is within the City of Naples Water Service Area please send to Naples Utilities and Planning Departments. Then, if the petition is submitted, we are to send it iby email) to the four persons below in their Utilities and Planning Depts. - along with a request that they send us a letter or email of "no objection" to the petition. Bob Middleton RMiddleton�naplesgov.com Allyson Holland AMHolland(c�naplesgov.com Robin Singer RSinger �naplesgov.com Erica Martin ema�-tin(a�naplesgov.com Disclaimer: Information provided by staff to applicant during the Pre -Application 1Vleeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code a��d LDC dictates the regulatio��s which a!l applications must satisfy. Any checklists provided of required data for an application may not fully outline what is needed. It is the applicant's responsibility to provide all required data. Updated 1/12/2021 Page � 2 of 5 ThomaSUarkevEN From: LauraDeJohnVEN Sent: Monday, March 27, 2023 7:25 AM To: ThomasClarkeVEN Subject: RE: Pre Application Meeting notes PL20230002458 - Randall Blvd - Immokalee Rd (PUDZ) Attachments: Checklist for PUDZ PUDA PUDR Application.pdf Thomas, I attached an outdated checklist form —please use the version attached. Thanks! From: LauraDeJohnVEN Sent: Monday, March 27, 2023 7:24 AM To: ThomasClarkeVEN <Thomas.Clarke@colliercountyfl.gov> Subject: Pre Application Meeting notes PL20230002458 - Randall Blvd - Immokalee Rd (PUDZ) Thomas, Attached is the PUDZ checklist. (The applicant submitted as a PUDR but this is a PUDZ) Here are zoning pre app notes for the referenced March 15 Pre app: Ptt.� / wvm&� i v712 L 400 Site is zoned E-ST/W-3 and ST/W-4 Petitioner proposes rezone to CPUD for total of 125,000 square feet of C-3 uses including indoor air-conditioned self storage with companion GMPA (PL20230002460) Petitioner is in process of executing an agreement with Collier County to complete a land swap to relocate water management area from Parcel No. 37742880001 (Lot 36) to Parcel No. 37743960001 (Lot 52) with necessary conveyance easements. • Provide a copy of the agreement with submittal • Rezoning requires narratives explaining now the request meets applicable GMP policies and Rezone and PUD criteria per the LDC. Include analysis comparing proposed development standards and intensity with the development standards and intensities that apply in the surrounding areas to demonstrate compatibility and consistency with the existing land use pattern. • To address compatibility within the PUD, identify the specific uses allowed with C-3 that are anticipated on the site as permitted uses. • A PUD Master Plan is required, including contents outlined in the Administrative Code, section G.1. • If deviations from Admin Code or LDC requirements are proposed, ide justifications demonstrati provng such master plan elements may be waived without detrimental effect on the health, safety and welfare of the community (LDC section 10.02.13.A.3), and/or demonstrating that the deviation is "justified as meeting public purposes to a degree at least equivalent to literal application of such regulations" per 10.02.13.B.5.h. • Petitioner must conduct a Neighborhood Information Meeting (NIM) prior to scheduling of public hearings before the Planning Commission & Board of County Commissioners. • In the application form where civic associations must be listed, and for purposes of NIM mailings, include Golden Gate Estates Civic Association Laura DeJohn, AICP Collier County Growth Management Department Zoning Services (Vendor) 2800 North Horseshoe Drive Naples, FL 34104 Desk: (239) 252-5587 latll a.del0hn@colllel countvfl.gov 1 Comprehensive Planning Pre-App Notes Randall Blvd/Immokalee Rd Subdistrict G M PA P L20230002460 — Kathy Eastley PUDZ PL20230002458 — Laura DeJohn Description: March 15, 2023 - 1:30 p.m. The applicant proposes to create a 10.44 acre subdistrict in the Golden Gate Area Master Plan to allow 125,000 square feet of C-3 uses, some of which may include self -storage. The district is proposed to include three properties that front on Immokalee Rd west of the Randall Blvd intersection and the Corkscrew Canal. One of the properties is currently owned by Collier County and is under an agreement for trade or swap. The existing zoning is Estates (E), and the properties are currently vacant. The subject site has a Future Land Use designation of Estates, Golden Gate Area Master Plan (GGAMP), Rural Estates Sub -Element, Estates Mixed Use District, Residential Estates Subdistrict. The Rural Estates Sub -element describes this area as appropriate for single-family residential development at a maximum density of one unit per 2.25 gross acres or legal non -conforming lot of record. Growth Management Plan Amendments require the applicant to address and consistency with the following policies: demonstrate • Please provide a needs analysis for the commercial square footage and mini -storage proposed, as well as an analysis of why this location is appropriate for the requested uses. Demonstrate the availability, or lack thereof, of existing properties that could meet the zoning allowances without the need for a GMPA. Include a narrative justifying the market area utilized for the study. The County has recently approved several GGAMP subdistricts and rezones in the immediate vicinity with commercial and residential entitlements. • The Randall Blvd/Immokalee Road Planning Study included these properties. The study results encourage mixed use rather than straight commercial uses. Please include an analysis of the proposal based upon this study. • Policy 5.6 states that "New development shall be compatible with, and complimentary to, the surrounding land uses..." Given the Residential Estates designation the applicant must demonstrate how this use is compatible/complimentary with the surrounding uses, particularly the residential uses to the south and west. o Please consider enhanced buffering as well as the standard 75-foot buffer requirement, of which no less than 50-feet must be retained native vegetation. o Provide information regarding mitigation measures proposed to minimize impacts from lighting, noise, glare, and odors associated with the commercial uses. o Provide line of sight renderings for all directions, particularly for abutting residential areas. Comprehensive Planning Pre-App Notes Randall Blvd/Immokalee Rd Subdistrict March 15, 2023 - 1:3o p.m. • Include discussion on now, if applicable, the development complies with GMPA Policies 7.1- 7.4. The Planning Study focused creating destinations that create a sense of place and the desire for pedestrian and bicycle interconnections in the study area. • List and address applicable provisions of Florida Statues 163.3187 and 163.3177 for amending the Growth Management Plan (GMP). A companion application proposed to rezone the site from Estates to PUD. General Information • Public Notice requirements in Subsection 10.03.06.B o Staff suggests communicating with neighbors regarding the proposal. • One neighborhood information meeting (NIM) is required at least 15 days prior to the advertised Planning Commission Hearing. o GMPA and PUDR can be combined in one NIM • Public Hearings o EAC, if required o One CCPC o Final Decision BCC following recommendations from EAC and CCPC ■ The PUDR petition decision pending decision for GMPA Contact information Kathy Eastley 239-252-2834 katherine.eastley[�colliercountyfl.gov ThomasClarkeVEN From: Sent: To: Cc: Subject: Attachments: EastleyKatherine Wednesday, March 15, 2023 2:13 PM ThomasClarkeVEN SaboJames; LauraDeJohnVEN PL20230002460 GMPA Pre-app Notes PL20230002460 Randall-Immokalee Subdistrict GMPA Preapp notes.docx Good afternoon, Attached are notes for the GMPA portion of the pre -application meeting that was held this afternoon. Thankyou, Kathy Eastley, AICP Planner II Comprehensive Planning Co��ier �ouy Zoning Division Katherine. Eastley,colliercount .qov 2800 North Horseshoe Drive, Naples, FL 34101 Direct Phone: 239,252.2834 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 i�ot send electronic mail to this entity. Instead, contact this office by telephone or in writing. Information contained in this email is subject to verification by the Zoning Manager and/or Planning Director; if this information is being used as a basis for the purchase%lease of a property or as a guide for the design of a project, it is recommended that a Zoning Verification Letter or Zoning Certificate Application is submitted to zoning services. Applications for a Zoning Verification Letter can be found here: https://www.colliercountVfl.gov/home/showdocument?id=69624 Zoning Certificate applications can be found here: https: r/oaerations-regulator www.colliercountvfl.Rov/your-government/divisions-f- -man nagement/zoning-or-land-use-a �lication/zoning-other-land-use-applications . COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.col I iercountvfl.�ov �ot[`ier bounty Meeting Notes 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 �239) 252-2400 `'' '� _ I �� IV S 1 OA��Iq.� � V �lJ "'" � - L 1 �{ '�.,. /fir �✓�`Q�/ r ��-C� /¢ �if �i lri� b � ��'y L I�U_! QS P�,� �P� Ncr'� r ��s V� d1�DN rtt � �� � �. � �.�trL�-� G �vv✓ <�,,Q,,,,i /�'7l �1��'� +.�-�J ��?�t �'�'i 1� c�+-� x� % .� /�,�•� /-,� lT�-�i� nit �wT o .�.- �',�.C� �-S _ 3.0 . � -- 3 . C . ? Other required documentation for submittal (not listed on application): Disclaimer: Information provided by staff to applical�t during the Pre -Application Meeting is based on the best available data at the time of the meeting and may not fully inform the applicant of issues that could arise during the process. The Administrative Code and LDC dictates the regulations which all applications must satisfy. data for an application may not folly outline what is needed. provide all required data. An y checklists provided of required It is the applicant's responsibility to Updated 1/12/2421 Page � 3 of 5 ThomasClarkeVEN From: Sent: To: Subject: Thomas and Laura, SawyerMichael Wednesday, March 1 S, 2023 10:39 AM ThomasClarkeVEN; LauraDeJohnVEN Randall Blvd and Immokalee Pre App Please provide the following notes to the agent regarding the self -storage use requests, and check the applicable boxes for TIS and methodology. Transportation Planning: Methodology meeting by ZOOM, please request a meeting by email when your team is ready; we recommend having both transportation and planning members attend. The meeting fee needs to be noted on the TIS cover sheet to be collected at the time of GMPA and PUD submittal. Due to the project location, additional county transportation staff members will need to attend the Methodology to address current roadway improvements in this area, access, current parcel ownership/land swap process, and comments that may occur as part of the discussion. Address all transportation elements of the GMP. Provide both ITE and SIC use codes in the � TIS. Provide trip limit based on TIS using standard language: "The maximum total daily trip generation for the I { PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SOFA or subdivision plat approval." Also, provide � interconnection commitment using standard language. Respectfully, MiclY�el Via" v�,i� Project Manager II Transportation Management Services Department Transportation Planning 2685 South. Horseshoe Drive, Suite 103 Naples, Florida 34104 239-252-2926 m ichae 1. sawyers .� colliercou�ltvfl.<7ov Under Florida Lew; 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. {nstead, contact this office by telephone or in writing. Transportation Planning and PUD Monitoring Pre-App Notes Developer Commitments: Transportation Planning " The maximum total daily trip generation for the PUD shall not exceed two-way PM peak hour net trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SOFA or subdivision plat approval." Use Codes Provide both ITE and SIC use codes in the TIS. PUD Monitoring "One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD conunitments until close-out of the PUD. At the time of this CPUD approval, the Managing Entity is the Insert Company Name Here. Should the Managing Entity desire to transfer the monitoring and colnmitinents 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, t17e Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the CPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments." Miscellaneous "Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All other applicable state or federal permits must be obtained before commencement of the development." -�ji�'� 2 ThomasClarkeVEN From: BeardLaurie Sent: Wednesday, March 15, 2023 1:54 P M To: ThomasClarkeVEN Subject: Pre -Application Meeting PL20230002458 -Randall Blvd - Immokalee Road (PUDR) Attachments: Transportation-PUD monitoring pre app handout 2020.docx PUD Monitoring pre-app notes attached. Laurie Beard Project Manager Please note new address: PUD Monitoring, GMD 2800 N. Horseshoe Drive Naples, FL 34104 Laurie. Beard(a�CollierCountyFL.gov Phone: (239)-252-5782 �r �� 1��'PROUpLY SERVING�'J u�COIIIER COUNTY`V � SINCE � Under Florida Lavv, e-mail addresses are public records. If you do not want your e-��nail address released in response to a public records request, do nat send electronic mail to this entity. instead, contact this office by telephone or in Writing. ��� ThomaSUarkevEN From: Sent: To: Subject: Attachments: BrownCraig Wednesday, March 15, 2023 2:01 PM ThomasClarkeVEN RE: Zoning Pre-App Meeting for Randall Blvd - Immokalee Road (�.�BR�PL20230002458 & Randall Blvd-wc�k lee Road Subdistrict(GMPA) - PL20230002460 PUDZ-checklist FOR REVIEWERS 2-2017.doc; Environmental data Checklist updated December 2016.doc Thomas here are my note for this one Thanks. l . Please provide a current Listed species survey, which should include listed plants for the subject property. Provide supporting exhibits (i.e. Panther zones ect.) be sure to include Black Bear and Florida Bonneted Bat as part of the evaluation. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Provide a survey for listed plants idelitified in 3.04.03. 2. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.13-D; 3.05.07.F; 3.05.07.H.1.d-e). (15 % of native vegetation is required for preservation.) Label the Master plan with a note that the preservation is to be addressed off -site and provide the calculation in the packet submitted. 3. Please address how the proposed project is consistent with Conservation Coastal Management Element (CCMEJ Policy 6.1 and Objective 7.1. THIS needs to be address for both the GMPA/PUD 4. Explain how the project meets or exceeds the native vegetation requirements and minimizes impacts to listed species as required in the CCME. (The preservation requirement is 15% of the native vegetation existing onsite). 5. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. (If found onsite). 6. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 7. Please provide brief explanation to address the area of the subject property that has been cleared of vegetation, provide supporting documents( i.e. permits or historic aerials ect). 8. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM- STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. Environmental Data Fee: $2500.00 Craig Brown Environmental Supervisor Development Review Division (239) 252-2548. Environmental P Project Name Z-PUDA Checklist (non-RFMU) ��.�.�� f3LUD -- s��.,�� �� 1. Is the project is in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.OS-2.03.08; 4.08.00) Not in CV Library 2. Submit a current aerial photograph (available from the Property Appraiser's office) and clearly delineate the subject site boundary lines. If the site is vegetated, provide FLUCFCS overlay and vegetation inventory identifying upland, wetland and exotic vegetation (Admin. Code Ch. 3 G.1. Application Contents #24). FLUCFCS Overlay -P627 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.OS.07.H.1). Preserve Label- PS46 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on -site or mitigated off -site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.OS.07.B-D; 3.OS.07.F; 3.OS.07.H.1.d-e). Preserve Calculation - PS47 S. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.OS.07.H.1.b. Preserve Width - P603 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.OS .07.A.3, include a113 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off -site preservation areas or wildlife corridors. (LDC 3.OS.07.A.1-4) Preserve Selection- PSSO 7. Principle structures shall be located a minimum of 2S' from the boundary of the preserve boundary. No accessory structures and other• site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross -sections for each preserve boundary identifying all site alterations within 2S' . (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback —New 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2. fl Listed Species - P522 9. Provide Environmental Data identifying author credentials, consistency determination with the GMPs, off -site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC 3.08.00) Environmental Data Required — P 522 10. PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 11. If the PUD includes a Preserve Tract section UP FOR DISCUSSION —DISCUSS WITH CAO When listing preserve uses, the following is suggested: A. Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC —see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses witlrirz County required preserves" Alternate format: A. Uses subject to LDC section Allo��able uses within County required preserves: 1. Nature trails that do not reduce the amount of required preserve. 2. Passive Recreation uses, as per LDC requirements. 3. Stormwater only when in accordance with the LDC. .{�,,c, c,,.,� 3, �. Z. PUD Commitments and Site Plan notes Where preserves occur adjacent to development off site and will be used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document or master- plan: Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.OS.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 12. PUD Document shall identify any listed species found on site andlor describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. 13. Review cross -sections if provided; they are not required wi Is there any fill proposed in the preserve? Additional Comments: th the PUD. However, sometimes they are provided. Project Name Environmental Data Checklist ace rs(OOV The Environmental Data requireinents can be found in LDC Section 3.08.00 l . Provide the EIS fee if PUD or CU. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. 3. Identify on a cul•rent aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. 4. SDP or final plat construction plans with impacts to five (5) or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre -development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. 6. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. 7. Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered 8. Provide a survey for listed plants identified in 3.04.03 9. Wildlife habitat management and monitoring plans i11 accordance with 3.04.00 shall. be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the er.e,'3. w • , location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcels) were issued a permit to be cleared and are in complialce with the 25 year rezone limitation pursuant to section 10.02.06. Fol• sites permitted to be cleared prior to July 2003, provide documentation that the parcels) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. 1 1. Identify on a current aerial the acl•eage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on -site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include thls information on the SDP or final plat construction plans. 13. Where off -site preservation of native vegetation is proposed in lieu of on -site, demonstrate that the criteria in section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location maps) and property identification numbers) of the off -site parcels) if off -site donation of land is to occur. 14. Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. 15. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a mil�imum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3 000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below groul�d surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where co�ltamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after asix-inch rise in sea level. �-c� e_ � .�. S� 17. Provide justification for deviations from el�vironmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13 ), if requested. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-3 0, F.A.C., as those rules existed on January 13, 2005. 19. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. 20. Demonstrate that the design of the proposed stor•mwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. 21. For sites located in the Big Cypress Area of Critical State Concern -Special Treatment overlay district (ACSC- ST), show how the project is consistent with the development standards and regulations in 4.02.14. 22. For multi -slip docking facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. 23. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 fl The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. b. Explain how project is consistent with each of the applicable objectives and policies in the CCME of the GMP. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland unpacts. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. 25. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document, prior to public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 26. Is EAC Review (by CCPC) required? 2 / . PUD master plan or PPL/SDP site plan notes: Where preserves occur adjacent to development off site and will U used in lieu of landscape buffers, include the following condition in the environmental commitments section of the PUD document. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. 28. Additional comments 29. Stipulations for approval (Conditions) Co�L�er County COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www. ca I l i e rco u ntyf l .�ov Zoning Pre-A�piicatron Mee PL# 20230002458 Collier County Contact Information: 2800 NORTH HORSESHOE DRIVE NAPLES, FLORI DA 34104 (239) 252-2400 ting Sign -In Sheet (PUDZ ) GMPA Name Review Discipline Phone Email John Kelly Zoning Senior Planner 252-5719 john.kelly@colliercountyfl.gov Richard Henderlong Zoning -Planner III 252-2464 richard.henderlong@colliercountyfl.gov ❑ Ray Bellows Zoning &Planning Manager 252-2463 raymond.bellows@colliercountyfl.gov ❑ Mike Bosi Zoning &Planning Director 252-1061 Michael.Bosi@colliercountyfl.gov � � Nancy Gundlach, AICP Zoning —Planner III 252-2484 nancy.gundlach@colliercountyfl.gov ❑ Eric Ortman Zoning —Planner III 252-1032 Eric.Ortman@colliercountyfl.gov ❑ Sean Sammon Zoning —Planner III 252-8422 Sean.sammon@colliercountyfl.gov ❑ Tim Finn, AICP Zoning -Planner III 252-4312 timothy.finn@colliercountyfl.gov Thomas Clarke Zoning -Operations Analyst 252-2584 thomas.clarke@colliercountyfl.gov ❑ Anthony Stoltz Utility Planning -Supervisor 252-5835 Anthony.stoltz@colliercountyfl.gov Drew Cody Utility Planning —Project Mgr III 252-2917 Drew.cody@colliercountyfl.gov ❑ Brandi Pollard Utility Impact fees 252-6237 brandi.pollard@colliercountyfl.gov �� Shon Fandrich Utilities -Project Mgt -Supervisor 252-8835 Shon.fandrich@colliercountyfl.gov ❑ Steve Baluch Transportation Planning 252-2361 stephen.baluch@colliercountyfl.gov Michael Sawyer Transportation Planning 252-2926 michael.sawyer@colliercountyfl.gov U Michael Gibbons Structural/Residential Plan Review 252-2426 michael.gibbons@colliercountyfl.gov I� Richard Orth Stormwater Planning 252-5092 richard.orth@colliercountyfl.gov ❑ Alicia Humphries Right-Of-'�1/ay Permitting 252-2326 alicia.humphries@colliercountyfl.gov Icy"� Laurie Beard PUD Monitoring -Project Mgr II 252-5782 laurie.beard@colliercountyfl.gov ❑ Sean Lintz North Collier Fire-Batallion Chief 597-9227 slintz@northcollierfire.com ❑ Maggie Acevedo North Collier Fire 252-2309 macevedo@northcollierfire.com ❑ Daniel Zunzunegui North Collier Fire 252-2310 Daniel.Zunzunegui@colliercountyfl.gov ❑ Linda Simmons North Collier Fire 252-2311 Linda.Simmons@colliercountyfl.gov I_ l Shar A.Beddow MSM/Deputy Fire Marshal - Greater Naples Fire 241-1422 sbeddow@gnfire.org I__] Heidi Ashton Cicko Managing Asst. County Attorney 252-8773 heidi.ashton@colliercountyfl.gov ❑ Diane Lynch Management Analyst I 252-4283 diane.lynch@colliercountyfl.gov ❑ Mark Templeton Landscape Review 252-2475 mark.templeton@colliercountyfl.gov �__� Gino Santabarbara Impact Fees —Planner III 252-2925 Gino.santabarbara@colliercountyfl.gov Updated 03/14/2023 Page (4 of 5 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT XWW.colHercountvfl.gov Coter County 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 ❑ Thomas Greater Naples Fire — Site Plans Mastroberto Reviewer III 252-7348 thomas.mastroberto@colliercountyfl.gov ❑ Sue Faulkner GMP-Comp Planning -Planner III 252-5715 sue.faulkner@colliercountyfl.gov ❑ Parker Klopf GMP—Comp Planning — Plannerll 252-2471 Parker.klopf@colliercountyfl.gov i Rachel Hansen GMP—Comp Planning — Planner III 252-1142 Rachel.hansen@col IiercountyfLgov Kathy Eastley GMP-Comp Planning -Planner III 252-2834 Kathy Eastley@colliercountyfl.gov 711 James Sabo, AICP GMP, Comp Planning Manager 252-2708 james.sabo@colliercountyfl.gov ❑' Alexandra Mitchel Environmental Specialist 252-2907 Alexandra.Mitchel@colliercountyfl.gov ❑ David Roe Environmental Specialist 252-2915 David.Roe@colliercountyfl.gov Craig Brown Environmental Review Supervisor 252-2548 craig.brown@colliercountyfl.gov Sarah Harrington Environmental Review Manager 2524211 Sarah.Harrington@ coil iercountyfLgov ❑ John Houldsworth Engineering Subdivision 252-5757 john.houldsworth@colliercountyfl.gov ❑ Jocelyn Nageon De Lestang, P.E. Engineering Stormwater 252-2434 Jocelyn. NageondeLestang@colliercountyfLgov ❑ Jack McKenna, P.E. Engineering Services 252-2911 jack. mckenna@colliercountyfI gov J, Matt McLean, P.E. Division Director - IF, CPP & PM 252-8279 matthew.mclean@colliercountyfl.gov LI Cormac Giblin, AICP Director — Econ. Dev. & Housing 252-2460 Cormac.giblin@colliercountyfl.gov Jamie Cook Development Review Director 252-6290 Jaime.cook@colliercountyfl.gov Ej Christine Willoughby Development Review - Zoning 252-5748 christine.willoughby@colliercountyfl.gov ❑ Brett Rosenblum-P.E Dev. Review -Supervisor Proj. Mgt 252-2905 brett.rosenblum@colliercountyfl.gov Michele Mosca, AICP Community Develop. — Planner III 252-2466 michele.mosca@colliercountyfl.gov Ll Connie Thomas Client Services Supervisor 252-6369 Consuela.thomas@colliercountyfl.gov Renald Paul Client Services 252-2443 Renald.paul@colliercountyfl.gov ❑ Lisa Blacklidge Building Review 252-2758 Lisa. blacklidge@col IIercountyfl.gov Derek Perry Assistant County Attorney 252-8066 Derek.perry@colliercountyfl.gov Ii Peter Shawinsky Architectural Review 252-8523 peter.shawinsky@colliercountyfl.gov Additional Attendee Contact Information: Name Representing Phone Email 6Q /k u t h -<� aC r- S Z 3 br Updated 03/14/2023 Page � 5 of 5 Randall Blvd-Immokalee Rd.(PUDR1 PL20230002458 & GMPA) PL20230002460 — Zoom March 15, 1:30PM =�.. F i r� ��I �=� E_� �� rfi i �� i ��� � rat _, _ -- than�a� tl �rk� �,Ho�t, r�i�} •� �` Ellin S�rmm►�r; Q �� l.�� ��,'�I��1�1 � � �t ��fl �� l �� F��� k_+ � r� ����'1 u I � � � r-� �� tom' r �. r�� i �� 6 rc� �, �, r-� -�.y �-� L�ur�C�►� Ir�hn'�:`Er�! �: ��r: E���rf I_I .� ' Lr�i�� F'�j~r.% s . C��r�� C.�, P�rr�t, ���rnt;,�� �;.ttc�rr7�`�`''� �fti�� ;�� iY:r. ��r�r��i� �h��tain �� �� �-- K�th�riri��E�,tl��y� - � ... r����rn��r�r Tr�E�il�����; f� Cx ���r�h,H�rrin�t��n PL20230002460 — Randall Blvd.-Immokalee Rd, Subdistri Applicant/Agent may also send site plans or conceptual plans for review in advance if desired. Planner - Laura Dejohn ct [GMPA) Planner -Kathy Eastley Assigned Ops Staff: Thomas Clarke STAFF FORM FOR SUPPLEMENTAL PRE -APPLICATION MEETING INFORMATION • Name and Number of who submitted pre-app request Stephanie Karol — HOIe Montes, Inc. 239-254-2018 ste�haniekarol • Agent to list for PL# hmen�.com Bob Mulhere, President —Hole Montes, Inc. • Owner of property (all owners for all parcels) - GM Advisors LLC Collier Cnty Transportation Right-of-way • Confirm Purpose of Pre-App: companion This is a PUD Rezone (PUDR) to rezone approx. 10.44 acres from tstates (t� �o �t�uu to permit a maximum 125,Oo0 square feet of C-3 uses and indoor air-conditioned self- storag p e. A anion SSGMPA to the Golden Gate Area Master Plan is proposed to j allow for the commercial uses. a i • Please list the density request of the project if applicable and number of homes/units/offices/docks (any that apply • Details about Project: See Above REQUIRED Supplemental Information provided by: Name: Title: Email: Phone: Cancellation/Reschedule Requests: Contact Connie Thomas- Supervisor —Permitting Consuela.thomas@colliercountyfl.�ov -Phone: 239-252-2473 Created April 5, 2017 Location: K:\CDES Planning Services\Current\Zoning Staff Information Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 I Email: GMDClientServices@colliercountyfl.gov www.col liercountyfl.gov Final Submittal Requirement Checklist for: [� PUD Rezone. Ch. 3 G.1 of the Administrative Code ❑ Amendment to PUD- Ch. 3 G.2 of the Administrative Code ❑ PUD to PUD Rezone- Ch. 3 G.1 of the Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date I Please upload the submittal items with cover sheets attached to each section via the GMD Portal. application. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIREMENTS REQUIRED N4T � REQUIRED Cover Letter with narrative statement including a detailed description of why El amendment is necessary Completed application with required attachments (download latest version) ✓ I Pre -application meeting notes Ll Affidavit of Authorization, signed and notarized ✓ Property Ownership Disclosure Form ✓ I Notarized and completed Covenant of Unified Control ✓ I Completed Addressing Checklist ✓ Warranty Deed(s) ✓ List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey ✓ Architectural rendering of proposed structures ✓ Current aerial photographs (available from Property Appraiser) with project ❑ boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions ✓ Environmental data requirements pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner ❑ at time of public hearings. Listed or protected species survey, less than 12 months old. Include copies of �— ❑ previous surveys. U Traffic Impact Study (TIS) I:qes 4iG1q¢4.re a aT 4P111jc#novh S&46A&11T4c-- Historical Survey ✓ School Impact Analysis Application, if applicable ✓ Electronic copy of all required documents ✓ Completed Exhibits A-F (see below for additional information)+ ✓ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Ff* *Checklist continues on next page 07/2022 Page 9 of 11 co 1e� cow. -sty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 � Email: GMDClientservices@colliercountyfl.gav www.colliercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %" x 11" copy ✓ Original PUD document/ordinance, and Master Plan 24" x 36" —Only if Amending � the PUD ❑ ❑ Revised PUD document with changes crossed thru &underlined ✓ Copy of Official Interpretation and/or Zoning Verification ✓� _ +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards • Exhibit C: Master Plan- See Chapter 3 G.1 of the Administrative Code • Exhibit D: Legal Description • Exhibit E: List of Requested LDC Deviations and justification for each • Exhibit F: List of Development Commitments If located in RFMU Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c.,the applicant must contact the Florida Forest Service at 239-690-3500 for information regarding "Wildfire Mitigation &Prevention Plan." PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components) Conservancy of SWFL ✓ Utilities Engineering Parks and RecreationDirector Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: Other: City of Naples Utilities FEE REQUIREMENTS 0✓ Pre -Application Meeting: $500.00 ❑✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review:$2,250.00 --� Sa.A. G��� FAGS �L2°Z3-lybn �✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 � ] Listed or Protected Species Review (when an EIS is not required: $1,000.00 C� � - �,w.� 3 ��;� (sue ,���-�5� Transportation Review Fees. �- ��`� r � Y • Methodology Review: $500.Q0 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. • Minor Study Review: $750.00 � Major Study Review $1,500.00 �✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) 07/2022 Page 10 of 11 Collier Couvity Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: {239) 252-1036 !Email: GMDCfientServices@colliercountyfl.gov www.col liercountyfl.gov [✓� Estimated Legal Advertising fee: • Bcc: $500.00 Q✓ If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable School Concurrenc Fee if a licable: y pp • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated an this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20°° of the original fee. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department � GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov Signature of Petitioner or Agent Date Printed named of signing party 07/2022 Page 11 of 11 LKIL Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 Email: GMDClientServices@colliercountyfl.gov www. co I I i e rco u ntyfi .gov ✓ PUD Rezone (PUDZ): LDC subsection 10,02.13 A.-F., Ch. 3 G.1 of the Administrative Code Amendment to PUD (PUDA): LDC subsections 10.02.13 E; and 10.03.06.13; and Ch. 3 G.2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10,02.13 A. -Fa Name of Property Owner(s): GM Advisors, LLC (Michel M. Saadeh, MGR) &Collier County Transportation ROW Name of Applicant if different than owner: Address: 434 Terracing Court Telephone: NIA E-Mail Address: msaadeh100@gmail.com City: Naples State: FL 7IP:34119 Cell: N/A Name of Agent: Robert J. Mulhere , FAICP, Senior Vice President Firm: Hole Montes, a Bowman Company Address: 950 Encore Way Telephone : 239-254-2000 :Wall Address: BobMulhere@hmeng.com If Property is under contract to be sold: Name of Property Buyer(s): NOT APPLICABLE Name of Applicant if different than buyer: Address: Telephone: E-Mail Address: Name of Agent: Firm: Address: Telephone: E-Mail Address: 0�/2022 City: Naples State: FL Cell: N/A City: State: City• Cell: Cell: State: ZIP: 34110 ZIP: ZIP: Page 1 of 11 i Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov This application is requesting a rezone from: REZONE REQUEST I Estates - STIW-3 & ST/W-4 PUD zoning district(s). Zoning districts) to the Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: 125,000 sq ft of C-3 uses & indoor self -storage Original PUD Name. N/A Ordinance No.: N/A On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application. • If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; • If required to do so at the pre -application meeting, the applicant shall submit four (4) copies of a recent survey (completed within the last six (6) months, maximum 1" to 400' scale), and • The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: 27 � 48S � 27E Lot: Block: Subdivision: Golden Gate Estates Metes &Bounds Description: Plat Book: Page #: Property I.D. Number: 37742840009, 37742880001, 37744000009 Size of Property: 992 ft, x 432.09 ft . _ 9084± Total Sq. Ft. Acres: Address/ General Location of Subject Property: = 428,630.40 Total Sq. Ft. South of Immokalee Rd., approximately 773 ft west of the intersection of Immokalee Rd &Randall Blvd PUD District (refer to LDC subsection 2.03.06 C): FV1 Commercial � Residential � Community Facilities � Industrial ❑ Mixed Use ❑Other: 07/2022 Page 2 of 11 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 Email: GMDClientServices@colliercountyfl.gov www , c o l l i e rco u ntyfl . gov } LAND f SE Zoning Land Use N Estates - ST/W4 Across Immokalee Rd, undeveloped & S-F residential S Estates - ST/W-3 & ST/W-4 Single-family residential E Estates (CU) - ST/W-4 Across canal, N. Collier Fire Rescue District Station 10 w Estates - ST/W-3 Undeveloped if the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: Lot: Block: Page #: Subdivision: Metes &Bounds Description: Property I.D. Number: Complete the following for all registered Horne Owner / Civic Associations) that could be affected by this petition and located within 1,Ooo feet of the subject property. Provide additional sheets if necessary. Information can be found on the Civic Associations and Communities page on the Board of County Commissioner's website. Applicant is responsible for and shall confirm the current mailing addresses for each association as registered by the Florida Department of State, Division of Corporations. Name of Homeowner /Civic Association: Golden Gate Estates Area Civic Association, Inc. Mailing Address: 2631 4th Street NW City: Naples State: FL ZIP: 34120 Name of Homeowner /Civic Association: Valencia Lakes Property Owners Association, Inc. Grove Drive City: Naples State: FL Zlp; 34120 Mailing Address: 2223 Name of Homeowner /Civic Association: Citrus Greens at Orange Tree Homeowner's Association, Inc. Mailing Address: 1130 Grove Drive City: Naples Name of Homeowner /Civic Association: Mailing Address: City: Name of Homeowner /Civic Association: State: FL ZIP: 34120 State: ZIP: Mailing Address: City: State: ZIP: 07/2022 Page 3 of 11 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov 7Nj LiTRiA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staffs analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. See attached Narrative & Evaluation Criteria a. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. c. Conformity of the proposed PUD with the goals, objectives, and policies of the Growth Management Plan. (This is to include identifying what subdistrict, policy, or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that subdistrict, policy, or other provision.) d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. IV Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 07/2022 Page 4 of 11 Corleir Coty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 I Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Official Interpretations or Zoning Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? Yes If so, please provide copies. This land use petition requires a Neighborhood Information Meeting (NIM, pursuant to Chapter 8 B of the Administrative Code and LDC section 10.03.05. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A Notice shall be provided to the Collier County Planned 15 days of recording of said Memorandum or Notice. recorded copy of the Memorandum or Unit Development Monitoring ff within sta LDC subsection 1.0.02.08 D This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue brocessine or otherwise actively pursue the rezoning, amendment. or chance, for a period of six (6 months. An application deemed "closed" will not receive further processing, and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re -opened by submission of a new application, repayment of all application fees, and the grant of a determination of "sufficiency". Further review of the request will be subject to the then current code. Oi/2022 Page 5 of 11 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 Email: GMDClientservices@colliercountyfl.gov www.colliercountyfl.gov STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST AIIPPL CANT CONTACT li�,lF RMAMON MENNEN all of Applicanttale GM Advisors, LLC (Michel M. Saadeh, MGR) &Collier County Transportation ROW Address: 434 Terracina Court Telephone: N/A E-Mail Address: msaadeh100@gmail.com Address of Subject Property (If available): City: Naples State: FL ZIP: 34119 Cell: N/A City: Naples State: FL ZIP: 34120 Section/Township/Range: 27 � 48S � 27E Lot: Block: Znlrliran Subdivision: Golden Gate Estates Metes & Bounds Description: OWN I Plat Book: Property I.D. Number: 377428400091 37742880001, 37744000009 Check applicable system: a. County Utility System b. City Utility System ❑ c. Franchised Utility System d. Package Treatment Plant e. Septic System Check applicable system: ❑ a. County Utility System b. City Utility System ❑ c. Franchised Utility System d. Private System (Well) Provide Name: (GPD Capacity): Type: Provide Name: Total Population to be Served: 105,000 square feet of C-3 commercial uses (shopping center), 333 seat restau Peal< and Average Daily Demands: A. Water -Peal: 93,038 GPD B. Sewer -Peak: 141 GPM Average Daily: 71,568 GPD Average Daily: 51,120 GPD 07/2022 Page 6 of 11 C;Ounty ManagementGrowth ov 2800 North Horseshoe Drive, Naples, Florida 34104 www,colli• • • Narrative statement: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. Attach additional pages if necessary, Collier County Utility Dedication Statement: If the project is located within the service boundaries of Collier County's utility service system, a notarized statement shall be provided agreeing to dedicate the water distribution and sewage collection facilities within the project area to the Collier County Utilities. This shall occur upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at that time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. Statement of Availability Capacity from other Providers: Unless waived or otherwise provided for at the pre -application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating adequate capacity to serve the project shall be provided. 0?/20�2 Page i of 11 IMMOKALEE R.ANDALL CPUD DEMAND CALCULATION ASSUMPTIONS The following assumptions were made when calculating the wastewater demand for the proposed uses: Restaurant: o Restaurant operating 16 hours or less per day, per seat: 10,000 sq. ft. total. For the purpose of this calculation, we are considering this full -service restaurant space. Assume that 50% of a restaurant is taken up by the kitchen, bathrooms, storage, and walkways; and 15 square feet is the size of one seated customer. ■ 10,000 sq. ft. / 2 = 51000 Sq. ft. / 15 = ±3 3 3 seats o Restaurant operating more than 16 hours per day, per seat: 10,000 sq. ft. total. For the purpose of this calculation, we are considering this fast-food restaurant space. Assume that 50% of a restaurant is taken up by the kitchen, bathrooms, storage, and walkways; and 11 square feet is the size of one seated customer. ■ ±455 seats 10,000 sq. ft. / 2 = 5,000 Sq. ft. / 11 = Page 1 of 1 H:\2023\2023025\WP\PUDZ\Resubmital\Dell and Calculation Assumptions (6-13-2023).docx Project Capacity - RESIDENTIAL A = Type of Unit B = Number of C = Population D = Total E = Per Capita F = Total G = Peak hour Units per Unit Population Flow (gpd) Average Daily flow (gpm) (B x C) Flow (gpd) (D x E) Residence* 2.5 0 100 0 0.0 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" Peal< Factor = P= 4 + (P)1/2 0.000 Peak Factor (PF) = 4.5 (total population / 1000) Note: Peak factor calculation per 10 State Standards. 3/30/2018 CCPU Wastewater Flow Worksheets Project Capacity - COMMERCIAL Type of Establishment # Units GPD/Unit GPD Food operations, Restaurant operating 16 hours or less per 333 40 131320 daY, per seat Food operations, Restaurant operating more than 16 hours per 455 60 271300 daY, per seat Shopping center, without food or laundry, per square foot of 1051000 0.1 10,500 floor space Subtotal 51,120 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 51,120 4.0 2021908 140.9 3/27/2018 CCPU Wastewater Flow Worksheets Project Capacity - INSTITUTIONAL Type of Establishment # Units GPD/Unit GPD Subtotal 0 Total Average Total Peak Total Peak Daily Flow Peak Factor Hour Flow Hour Flow (GPD) (GPD) (GPM) 0 4.5 0 000 3/27/2018 CCPU Wastewater Flow Worksheets Project Capacity - MIXED USE A =Type of Unit B = Number of C =Population D =Total E =Per Capita F =Total G =Peak hour Units per Unit Population Flow (gpd) Average Daily flow (gpm) (B x C) Flow (gpd) '- •- 1 1 11 • 11 .................:........................................................... TOTAL � 511 � 100 (DxE) C 1 0 141 0 141 *100 gal/day per person and 2.5 people per household = 250 GPD per residential unit per Collier County Design Criteria, Part 2 "Wastewater Collection and Transmission Systems" **Use population equivalent based on average daily flow. Peak Factor = P= 4 + (P)1/2 0.511 Peak Factor (PF) = 4.0 (total population / 1000) Note: Peak factor calculation per 10 State Standards. 3/27/2018 CCPU Wastewater Flow Worksheets `dry Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone; (239) 252-1036 ( Email: GMDClientServices@colliercountyfl.gov www.colliercountyfl,gov :�uENA NT O■ O■cmTtO�. 4 The undersigned do hereby swear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Parcel No. 37742840009 & Parcel No, 37744000009 Naples, FL 34120 (Street address and City, State and Z(p Code) and legally described in ExhibltA attached hereto. The property described herein (s the subject of an application for Commercial planned unit development C PUD) zoning. We hereby designate Robert J. Mulhere, FAICP , legal representative thereof, as the legal representatives of the property and .as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop, This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The property will be developed and used in conformity with the approved master plan including all conditions placed on the development and all commitments agreed to by the applicant in connection with the planned unit development rezoning. 2, The legal representative identified herein is responsible for compliance with tall terms, conditions, safeguards, and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in whole or In part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for In the planned unit development process will constitute a violation of the Land Development Code. 4, All terms and conditions of the planned unit development approval will be incorporated Into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unit development must be consistent with those terms and conditions, 5, So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel compliance. The County will not issue permits, certificates, or censes to occupy or use any part of the planned un liit development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safeguards of the planned unit development. ropoo I P " I C - (%\1 CA 0 - - gnatur of Owner Signature of Owner Michel M. Saadeh, MGR, GM Advisors, LLC 44 Printed Narne of Owner Printed Name of Owner STATE OF FLORIDA, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Elp ysical presence or online registration this day of , 20 by .� - who Ionally hown to me or has produced as identification. Signature c Notary Public Print Name of Notary Public o�/zoz2 Page 8 of 11 EXHIBIT A LEGAL DESCRIPTION All of Tract 3 5, 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 3 6, Book 7, Page 9 and Golden Gate Estates, Unit. No. 23, according to the plat thereof as recorded in Plat — 10, of the Public Records of Collier County, Florida; 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. TOTALAR.EA: 9.84 ACRES Page8of11 H:\2023\2023025\WP\PUDL\Resubmital\iml�lokalee Randall CPUD Document(PL-20230002458)(7-25-2023).docx Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 Email: GMDClientServices@colliercountyfl.gov www. co I l i e rco u ntyfl .gov I f © 1 4 Administrative ■ Arnendment to { ■ iGioll of the h 3 Administrative Code The following submittal requirement checklist is to be utilized during the Pre -Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please upload the submittal items with cover sheets attached to each section via the GMD Portal. Incomplete submittals will not be accepted, or processed. View sample PUD document. REQUIRED QUID Cover Letter with narrative statement including a detailed description of why amendment is necessary Completed application with required attachments (download latest version) ✓ Pre -application meeting notes ✓Ll Affidavit of Authorization, signed and notarized ✓ Property ownership Disclosure Form I �/ Notarized and completed Covenant of Unified Control Com feted Addressing Checklist ✓ I Warranty Deed(s) ✓ List identifying owner and all parties of corporation ✓ Signed and sealed Boundary Survey Architectural rendering of proposed structures V/ Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions Environmental data requirements pursuant to LDC section 3.08.00 LJ I V( Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or protected species survey, less than 12 months old. Include copies of previous surveys. a ❑ Traffic Impact Study (TlS) V/F1 Historical Survey School Impact Analysis Application, if applicable r/ Electronic copy of all required documents Completed Exhibits A-F (see below for additional information)+ ✓ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) ✓ ❑ ❑ *Checklist continues on next page 07/2022 Page 9 of 11 Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 Email: GMDClientservices@colliercountyfl.gov ww V a% o%J iercountyfl.gov Revised Conceptual Master Site Plan 24" x 36"and one (1) 8 %2" x 11" copy ✓ Original PUD document/ordinance, and Master Plan 24" x 36" — Only if Amending the PUD Revised PUD document with changes crossed thru &underlined U ,/' Copy of Official Interpretation and/or Zoning Verification n ✓ +The following exhibits are to be completed on a separate document and attached to the application packet: • Exhibit A: List of Permitted Uses • Exhibit B: Development Standards Exhibit Co. Master Plan- See Chapter 3 G.1 of the Administrative Code ® Exhibit D: Legal Description ® Exhibit Ea. List of Requested LDC Deviations and justification for each ® Exhibit FeeList of Development Commitments If located in RFMU (Rural Fringe Mixed Use} Receivin Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., fiheapplicant must contact the Florida Forest Service afi 239-690-3500 for information regarding "Wildfire Mitigation &Prevention Plan." PLANNERS —INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: ❑ School District (Residential Components) Conservancy of SWFL Utilities Engineering Parks and Recreation Director Emergency Management Immokalee Water/Sewer District City of Naples Planning Director Other: City of Naples Utilities Other: F'J � f� qqaa � 3 sn 0 Pre -Application Meeting: $500.00 0✓ PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre ❑ PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning ❑✓ Consistency Review: $2,250.00 �✓ Environmental Data Requirements -EIS Packet (submittal determined at pre -application meeting): $2,500.00 ❑✓ Listed or Protected Species Review (when an EIS is not required): $1,000.00 0 Transportation Review Fees: Methodology Review: $500.00 (Methodology by Email to Staff) *Additional fees to be determined at Methodology Meeting. Minor Study Review: $750.00 Major Study Review $1,500.00 ❑✓ Fire Planning Review Fee: ($150 PUDZ) ($125 PUDA, PUDR) 07/2022 Page 10 of 11 frierC "-.N _y Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 2524036 Email: GMDClientServices@colliercountyfl.gov www. co I l i e rco u ntyfl .gov 0✓ Estimated Legal Advertising fee: • CCPC: $11125.00 • BCC: $500.00 0 If applicable, an additional fee for Property Owner Notifications will be billed to the applicant after Hearing Examiner hearing date. (Variable) pp School Concurrenc Y Fee, if a licable: • Mitigation Fees, if application, to be determined by the School District in coordination with the County All fees are collected at the time of application. Property Notification Letters, if required by The Land Development Code, will be invoiced after the petition is heard by the Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. 1 understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re -submittal will be accessed at 20°a of the original fee. *The completed application, all .required submittal materials, and fees shall be submitted to: Growth Management Community Development Department � GMD Portal: https://cvportal.colliercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov 7-25-2023 Signature of Petitioner or Agent Date Robert J. Mulhere, FAICP, Senior Vice President Printed named of signing party 07/2022 Page 11 of 11 FOr� PETITIt�I� NUII�EER�(S) PUD2-PL-2023D00245B$SSGMPA-PL-20230002460 Itv11CHEL M. SAADEH (print name}, a5 MGR (title, if applicable) of GM ADVISORS, LLc (company, if applicable), swear or affirm under oath, that 1 am the (choose one) ownerapplicant contract purchaser and that, I have full authority to secure the approvals) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code, 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. I have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of investigating and evaluating the request made through this application; and that 4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. FJ. We/I authonZe ROBERTJ. MULNERE, FAICP, PRES/CEO & JEREMIE CHASTAIPI, NCP, SR. PLANNER to act as our/my representative In any matters regarding this petition including 1 through 2 above. 'Notes: it the applicant is a corporation, then it is usually executed by the core. pros or v. pres. If the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typically be signed by the Company's "Managing Member." If the applicant is a partnership, then typically a partner can sign on behalf of the partnership. If the applicant is a limited partnership, then the general partner must sign and be Ident�ed as the "general partner" of the named partnership. • If the applicant is a trust, then they must include the trustee's name and the words 'as trustee". In each instance, first determine the applicant's status, e.g., individual, corporate, trust, partnership, and then use the appropriate format for that ownership. '�. S'igrtature �- t�IICH M . SAADEH, MGk�, GM AD�TI S ORS , LLC STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument j I acknowleged before me b ,'�. � � • ���� fir.• ` - M / �� � � - � � , Such person(s) Notary Public must check applicable box: ` re personally known to me Has produced a current drivers license Has produced Notary Signature: CPIfl 8-C(?A- 0 O l l S115S l�ry si�2a2a as identification, mine notarization this SANDY SEMAAN Notary Public, State of Florida Commis�on,Noh �iH 339768 My Commission Expires: Z1712027 j• MICHEL NI. SAADEH _ (print name), as MUR (title, if applicable) of clwAovIsoRs, Inc _ (company, if applicable), smear or affirm under oath, that I am the (choose one) owner applicant contract purchaser end that: I have full authority to secure the approvai(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Cade; 2. All answers to the questions in this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honest and true; 3. 1 have authorized the staff of Collier County to enter upon the property during normal working hours for the purpose of Investigating and evaluating the request made through this application; and that 4. The , property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. we/I authorize Ross:aTJ. MULHERE, FAIGP, PRES/CEO & JEREMIE CHASTAIN, /MCP, SR. PLANNER to act as our/my representativein any matters regarding this petition including l through 2 above. � /f the applicant is a corparation, then it is usually executed by the corp. pees. or v. pees. It the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L. C.), there the documents should typically be s * ned by the Company's "Managing Member.' If the applicanf is a partnership, then typically a partner can sign on behalf of the partnership. if the applicant is a limited partnership, then the general partner must sign and be identified as the eneral partner of the Warned partnership. if the applicant is a frost, then they must incluc�te fhe trusfee's name and the words was trustee" In each instance. first determine the applicanf's stafus, e.g►., individual, corporate, trust, artnershi and fhen use the apprnanate format for thaf ownership. p p' 3TATE OF FLORIDA ;OUNTY , COLLIER of a Clio Such person(s) Notary Public must cheek applicable box: e personally known #o me Has produced a current drivers license Has produced as identification. N otary Signature: SANDY SEMAAN Nt�tary Public, State of Florida Commission i�o, NN 3397fi� ley �emmission Expi es: 2117/2a27 � I 1' � lAlaLU1 1 oIfyer (,,,,;ounty Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 Emaoil GMDCIientServiceskWcolliercountyfl.gov www.colliercountyfl.gov GM Advisors,LLC PWiUPER'f"Y C)V4/NERSFIIP hISCLFJSURE' FORRII 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 N/A 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 01/2023 Page 1 of 3 f. 'Per County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, rlorida 34104 Phone: (239) 2524036 Email: GMDClientServices@colliercountyfl.gov i www.collercountyfl.gov If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name %J the general and/or limited partners: Name and Address % of Ownership GM Advisors, LLC 434 Terracina Court, Naples, FL 34119 Michel M. Saadeh, MGR 51 % George Chami, Authorized Member 49% 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: 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 1 /17/20 & 4/30/20 ❑ Leased: Term of lease years /months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 0 North Horseshoe Drive, Naples, !` /' ! GMDClientServices@colll*ercountyfl.gov Www.colliercountyFfLeov :Fate option terminates: or 1x nticipated closinga quirements for petition types arelocated on the associatedapplication forms Any ndivik 1 ♦ change lnterest�holding partyO mustbe disclosed n .d iately If such change occurs prior to the petition . * . final public hearing, As the authorized agent applicant for this petition, 1 attest that all pf the information indicated on this checkli ' +ncluded in this submittal package. I understand that failure to include all necessar subm' st rs result in the delay of processing this petition. Y +dal Information may 0 INSTR 5862029 OR 5758 PG 1422 CLERK OF THE CIRCUIT COURT AND DOC@.70 $1,820.00 REC $27.00 CONS $2601000.00 E—RECORDED 5/1/2020 4:00 PM PAGES 3 COMPTROLLER, COLLIER COUNTY FLORIDA � marr�.��d and I Apri 1 , 2 0 2 0 A.D. , Between Pascual Torres, a married man a Florida�� ;``im�ted whose �xidrr:5s is: 434 Terracina Ct . , c`p�:'._, This deed prepared by: Robert Rogers, Esq. Naline ards Blvd. p es L 34119 Parce! ID Number, 3 % % 4' :4 0O Actual consideration paid is s 2 d' Warranty De. This Indenture, Elvin Torres, Made this tt uf' the County of COOk GM Advisors LLC, state «f Illinois liability company the County of C011SA.er witnesseth that the GRANTORS, for and in consideration of� �e;.'su 1� -c TEN DOL 1other d d valuable'd GRANTORS ' and Sou an consideration to , 5 in i FL 34119 state c)f Florida Rafe ..t TOGETHER with all tenements, hereditaments ah'r app,xrtenances belonging or in anywise appertaining . - -. ` .; .� TIke O HAVE AND TO HOLD, the same in fee simple forever :� grantors, gz•antee. IVN anti a}ad ,u :, GRANTCC, the receipt whereof' is hereby acknowledged, have granted, bargained and sold to thu said GRANTEE and GRANTI✓E' l�eii`s, ssarti and assigns forever, the following described land, situate, lying and being in the County of t to of Florida to wit: All of Tract 35, Golden Gate Estates`; VA. No . lat thereof as recorded in Plat Book ,¢"ce J Collier County, Florida, LESS that por 'o described in Official Records Book 3100;,j Collier County, Florida. 23, according to the 9, Public Records of road right-of-way 570, Public Records of thereto Subject to current taxes, easements and restricti6r�s f".�`record. 1 SUBJECT TO ad valorem and non -ad valorem real property`4t x s subsequent to 2020, zoning, building code and other user st�rictions imposed by governmental authority; outstanding oil , gas44?.., mineral mineral interests of records, if any; and restrictions, reservations and easements common to the subdivision; provided, however, that none of them shall prevent the use of the property for residential purposes. Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property, (Continued on Attached} and t11C brantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all pt;k5ons whomsoever. l.ati�r Cicnc:ratcd by !' L)i�)�lny Systcu�s, Inc �I)?f) (Kli3) 763-555> Form FL\��1:)-, oR 5758 PG 1423 Warranty Deed - rage 2 Pnrcet ID Number: 37742840009 In'V'Vitness Whe Signed, s Printed Name: Witnes •hors have hereunto sct their hands MCI seals the clay and,.�eur first above written. r presence: STATE OF F-' t,..► ..:.�, The foregoing instniment was acknowledged before md` notarization, this 30th day of AZJr11 Elvin Torres, a married man ai r �vho Dave produced their Notary Public State of Elands Wendy M Humphrey My Commissian GG 959958 Expires 02/19/2024 Elvi,xf Torres dress; 3327,VJPensr>cala Ave., Chicag Pascual Torres Address; 3327 Pensucolz Ave., Chica�a, IL b0bl I3 physical presence or Torres, a married man 11 4 Nam . 3.*. i c nii�irriaiixpa es; `f 0 004 t-� GMADTO�t LasCC G�ncrnicd by +-' 1.>i�J�liiy Syst�trts, inr„ �t)2(1 (fif,l} 7G3-iS;S tnrm (� LWI)-_' k OR 5758 PG 1424 *** Warranty Deed -Page 3 P�rircel 1D Number: Laser Ci�ncruted by' t' L)ishlny Systr�m, Inc., �(1?U (kf,,i) 7t�3-,5:iiti l���rm I'L4\'ll-� INSTR 5818503 CLERK OF THE DOC@.70 $0.70 CONS $10.00 OR 5719 PG 1011 RECORDED 1/22/2020 1:11 PM PAGES 2 CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 This Document Prepared by; Robert Rogers Esg0 75 Vineyards Blvd. Napples FL 34119 (239) 153 owl 973 �,:.. .., Parctl ID Number: 332 Quitclaim This Quitclaim Deed, RCAMS Advisers, Madeff' this LLCIL ,;:.: jl All of the County of Collier L day of Vct vL , A.D. , rids limited liability company ,; :=•=:.. , State of Florida GM Advisors , LLC , a Flori�.t3 ted liability compato ny It,, `F whose address is: '] 6 7 5 SAW TA MPLAUMER:� �X44�- ewmkY , of the County of Collier . ty ; 1 ` -t} ` :4 witnesseth that the GRANTOR, for and in consideration'bfAl �ii ri TEN DOL - :. and other good and valuable consideration to GRANTOR r` hand.:• itl n Naples, FL 34109 granted, barga ed and quitclaimed to the said GRANTEE and GRA<hE'�`: State of Flora.da Between grantor, grantee. and t by GRANTEE, the receipt whereof is hereby acknowledged, has successors and assigns forever, the following described land, situate, and being in the County of ` lying g ty State of Florida to wit: All of Tract 53, plat thereof as Records of Collie parcel described Book 3100, Page Golden Gate Es tate:,-; recorded in Plat 800k•,,f•7 r County, Florida, LA' S in Order of Taking as ,.,. 2577, Public Records of 0 to �t No . 23 , according to the Olt 9 , of the Public EXCEPTING THEREFROM that d in Official Records r County, Florida. r f. To Have and to Hold the same together with all and singular the appurtenances thereunto belonging or appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantor, either in law the use, benefit and profit of the said grantee forever. Laser Generated by 0 Display Systems, Inc, 2020 (863) 763-5555 Form FLQCD-2 in anywise or equity, for k** OR 5719 PG 1012 *** Quitclaim Deed _Page 2 Parcel ID Number: 332800533C27 In Witness Where Prin W3. to Printed Name: Witness STATE CaF Florida CVUNTY OF Collier has hereunto set its hand and seat the day and year first above written. ur presence: The foregoing instrument was acknowledged before Michel Saadeh, MGR of RCAMS company who is personally known to me or who has produced his �'lori By. RC�AMS Advisers, LLC, a Florida limited liability company gal) P.O. Address: 434 Terraclna Ct., Naples, FL 34l 19 day of �✓ d� � by LLC , a Florida l=* Uted liability �� � � S 11.cense as ide ificatio . Nance Ns3Ile Nmor 9 lyl�;iPubla.c rim isa''xpires: • aIt ',.. l r. DENA L. WALTCNACK • Notary Public • State of Florid Commission a GG a ••.Jk Q, ,, 2TOZ04 of �`:,. Y Comm. Expires May 21 2022 ohd I hrotuh National Notary Assn. ti I :If If :, /of& a G2iADV2SbRSDEED Laser Generated by C Display Systems, inc., Z020 (863) 763-SSSS Form fLQCD-2 iL= i Growth Management Community Development Department Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: - *LOCATION MAP and/or SURVEY showing the proposed project boundary. List of additional folio numbers and associated legal descriptions. E-mail from Addressing Official for any pre -approved project and/or street names. *FOLIO (Property ID) Numbers) of subject property or properties. [Attach list if necessary] 37742840009,37744000009 & 37742880001 *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] Section 27, Township 48S, Range 27E STREET ADDRESS(ES) where applicable, if already assigned. 37742880001 - 13062 Immokalee Road 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_Addressin submittal. CURRENT PROJECT NAME Immokalee Randall CPUD PROPOSED STREET NAME(s) colliercoun LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] Addressing Checklist (Rev 10/2022) or 239-252-2482 prior to your Operations &Regulatory Management Division • 2800 North Horseshoe Drive •Naples, FL 34104 • 239-252-2400 www.colliercountyfl.gov Pagelofl Collier County Property Appraiser Parcel No ' 37742840009 N ame/ Map No. ress GM ADVISORS LLC 43 4 TERRACINA CT ..._..& ..._.....1. ..._......1. City � NAPLES ........... .Strap No. Property S Tess i Section umr�ary ............._..6..__;......._. _..___ ... S Site City NAPLE State FL Township sc,l i 332800 35 03C27 27 4s _...................._............._..._.._.................................._..............................._... III .... ..................................._..................................................._.WWI ....... .................................._.................._..............._............At" ............................................................................._................ ._III ......... ._.............._ Legal GOLDEN GATE EST UNIT 23 TR 35 LESS THAT PORTION FOR R/W DESC IN OR 3100 PG 2570 ... .... .. ......... ....... .......... Millage Area 6 ; 290 Sub./Condo 332800 - GOLDEN GATE EST UNIT 23 Use Code 0 0 - VACANT RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentiality) Range 27 Site Zone '"Note 34120 Zip 34119 '' ......._....................._........_.......1 Acres *Estimated 2.9 ... IF. Millage Rates �+ *Calculations 8.7542 13 School 4.459 � Other T . 2022 Certified Tax Roll (Suect to Change) ......_.........bj. ... _ It I.._ .._... . ......................._. III ........... IF........ _ ......_ . ........._ _.. ._ ..........._ .._........_.................. ...._..... .................................... _.. ................__._..__ ....... ...._.... .................._.._..............._.........._............ _.... _........_. _ ......_......_........_. ._ .........._ Date Rook -Page Amount Land Value 04/30/20 5758-1422 $ 260,000 ) Improved oved .... _ Value lue 03/09/98 2395-3318 $ 20,50 (_) Market Va (-) 10% Cap Value (=) Assessed (_) School Taxable Value lue (_) Taxable Va If all Values shown above equal 0 this parcel was created after the Final Tax Roll 2 otal 132 $ 139 ,200 $0 $ 139,200 $ 48,285 $ 90,915 $ 139,200 $ 90,915 43 4 TERRACINA CT ..._..& ..._.....1. ..._......1. City � NAPLES ........... .Strap No. Property S Tess i Section umr�ary ............._..6..__;......._. _..___ ... S Site City NAPLE State FL Township sc,l i 332800 35 03C27 27 4s _...................._............._..._.._.................................._..............................._... III .... ..................................._..................................................._.WWI ....... .................................._.................._..............._............At" ............................................................................._................ ._III ......... ._.............._ Legal GOLDEN GATE EST UNIT 23 TR 35 LESS THAT PORTION FOR R/W DESC IN OR 3100 PG 2570 ... .... .. ......... ....... .......... Millage Area 6 ; 290 Sub./Condo 332800 - GOLDEN GATE EST UNIT 23 Use Code 0 0 - VACANT RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentiality) Range 27 Site Zone '"Note 34120 Zip 34119 '' ......._....................._........_.......1 Acres *Estimated 2.9 ... IF. Millage Rates �+ *Calculations 8.7542 13 School 4.459 � Other T . 2022 Certified Tax Roll (Suect to Change) ......_.........bj. ... _ It I.._ .._... . ......................._. III ........... IF........ _ ......_ . ........._ _.. ._ ..........._ .._........_.................. ...._..... .................................... _.. ................__._..__ ....... ...._.... .................._.._..............._.........._............ _.... _........_. _ ......_......_........_. ._ .........._ Date Rook -Page Amount Land Value 04/30/20 5758-1422 $ 260,000 ) Improved oved .... _ Value lue 03/09/98 2395-3318 $ 20,50 (_) Market Va (-) 10% Cap Value (=) Assessed (_) School Taxable Value lue (_) Taxable Va If all Values shown above equal 0 this parcel was created after the Final Tax Roll 2 otal 132 $ 139 ,200 $0 $ 139,200 $ 48,285 $ 90,915 $ 139,200 $ 90,915 Collier County Property Appraiser i Property Summary ._..._......1 ........................... too ..................6..._.....to. ..... IV* .......two I _ IV. ...... look, ........_.._......_......._.._......_.................._...................._...........lot _.._........................._........,....... IV. ..............................;.. look ......1................. _..................._ .._........._ .4._..__. _.........._.__...... _..I.I ....... Parcel No 37744000009 Site Address Site City NAPLES *Disclaimer. y Name /Address GM ADVISORS LLC 434 TERRACINA CT City NAPLEs Map No. 3C27 ................................................................... p. .Stra.Nolook .. 332800 53 03C27 Section 27 State FL Township 4tf Legal ;GOLDEN GATE EST UNIT 23 TR 53 LE55 THAT PORTION FOR R/1N DESC IN OR 3100 PG 2577 Millage Area 0 i 290 Sub./Condo 332800 - GOLDEN GATE EST UNIT 23 School Use Code 0 ` 0 • VACANT RESIDENTIAL 4.459 1.1.11 Date 01/17/20 12/27/19 09/22/97 10/01/78 Latest Sales History Not all Sales are listed due to Confidentiality) .......__....... ................._................... _._.................... Book -Page 5719-1011 5712-54_T 2348-2582 775"1651 Range 27 Site net *Note 34120 Zip ' 34119 Acres *Estimated 3.75 i ..........._..................._............................._III .........,.......... I'd ._.........._................................................_..............._.........J ..........._.... 1 0 _................. a I I I I I .......... I ............... ......_........._............_.._.................................. MillageRates 0 *Calculations.. .................................................. ........ ........ ........ ..... It .. ..........._........................................._......... ................. oil .......A Other Total } , 8.7542 ! 13.2132 I 2022 Certified Tax Roll (Subject to Change) ., .. .._ . I 1&.....................0.......... Amount Land Value $ 165,220 (+) Improved Value $ 0 $ 350,000 (_) Market Value $ 24,000 ; $ 165,220 $ 0 �-) 10% Cap $ 57,266, (=) Assessed Value $ 107,95411 L. (_) School Taxable Value t $ 165,220 (_) Taxable Value $ 107,954 I. __ : If all Values shown above equal 0 this parcel was created after the Final Tax Roll Collier County Property Appraiser Property Summary _.add ............. ._......_.._.............._ WOOD .._ at" . data, ._.._ -#...... _,......._. _ Add ..........._...........-.............._..o... a _............ .... .._.._.................._....._........ Oda .... ......._.. at, ..........-.............._.._............ add ........_.......... a ... ._....__ ..-.............._............... "add ................ lot ..............................._.................... ._......._.._............ ..... Palo ..................... Oda ...... ._......... ....._..... told .._ ad. .............-.... ad, ......_......._....._........ _._.... ........_...._......... Palo* _......._..............•-......._.._.._..._... Parcel No 37742880001 Site Address 13062 IMMOKALEE RD Site City NAPLES Site Zone *Note ' 34120 ..._.._....__..........._..........................................................._......_...:..._-.........._......_.....__.............................._......................_.........._..............._............................ Disclaimer ; ; i y _........._...._._....................._.._......._._._....._.._.........._._..._.....,... ...._.._.............. add, ..................._....._.......... old ..-.._....................._................................................_.._..._..Oak .................._..........._.............._.._..._..•.............__..-............._.........._............. .._..... ._............... .... ........ all ........... ................................_..................... all ......................._.._.._......._......_............ ..........a................._..._............._......._......._._...............-..........._..................._.__._......_...... _ ...._.__., Name / Address ;COLLIER CNTY ...._........._................_..._......................._................._.._.............._....._....._..._............ ___..... _... A I a A 11 A A I I A A _ A _...._ _ ..... A I I I I A __ _ I A .... A __... A I I a I A A A A I I A A A ad. A A A A _ A a ......... A I A I I a a A a A a A I A a I W __......._..A._a .._._. AAA ......_..__....._....._................. .... q A, ...... Data ..._.......... add, ..... TRANSPORTATION RIGHT-OF-WAY : ..................._.........._.._....................................._......_.._......._.._......_.._.............._.._..............._..............._..........................._.............._.._......._.._......._........._............................. .................................. ....._........ ..._.._......... ......_................................_.........._.._...............-_........._...........Data _........................ _........._....__._, 2885 HORSESHOE DRIVE S { _...................._....._...................._..._............ Add .... ........._.................._............... ...................._.................._..._.............._...................._..............._..........._.......,.._.._...... ..... _.._............. ._.................._.•........._.................._.............._............................_.._......._..................................._.._........................_......_.............._.._..........._..............._..........................................._.._..............._._..........._..__._..1 i City NAPLES State FL Zip`34104-4961_........................_.._.........._............ a4edwaq.._.............. ..... ........._....... ....... _....................._...............................A....._......._._..........._ a .............. A A ..............A.... A A A A A A A ......... at a a, A a .....__A . Map No. ' Strap No. Section Township Range Acres "Estimated 3C27 332800 36 3C27 27 48 27 3.79 ; . ....._.........................._..........._..............._.........._......................_.._................_...................__.................._.................._......................................................._..................................._............. ................. . ...................................................._........._....................,..........................................................._........,..........................._......................................................_............................................................D...........................I.......A.............; d ad Legal GOLDEN GATE EST UNIT 23 TR 36 _......... .......................... ............... .,a. 11 . Millage Area* 1290 Millage Rates 0 *Calculations • ..........- .........................._.._._ .........•.........................................................................•............ Sub./Condo 332800 GOLDEN GATEEST UNIT....................... 23 School i Other i Total Use Code 0 186 - COUNTIES INCLUDING NON -MUNICIPAL GOV. 4.459 8.7542 1302132 i Latest Sales Histor y (Not all Sales are listed due to Confidentiality) 2022 Certified Tax Rall (Subj ..ect to Change) ..........................................................._......................................._ ,__ .. ........._...................._...._...... . ..._..._.._..._.._..........._..................................................... 08/30/02 3100-2570 $ (+) improved Value . 03/16/98 2398-1355 $ 20,000 _ ' . .. .. . A. .. _ ' (-) Market Value ! A-81,920 02/01/74 l31-645 $ 0 !. _ . __ ..... ... . _ ....... ..._- Date Book -Page 10% Cap $ 127,407 {.) (_) Assessed Value $ 54,513 _. 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". ,. ,+w , ., ....- INSTR 6391015 OR 6237 PG 2674 RECORDED 4/18/2023 2:24 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 e c collectively r SECOND AMENDMENT TO LAND EXCHANGE AGREEMENT GM ADVISORS, 1Dh�N�' (hereinafter referred to as the "Amendment") is made and of 2023 (the "Effective Date"), by and among GM Floridafimited liability company (hereinafter referred to as the ;off ier County, Florida, a political subdivision of the State of Florida fio 1�as "County"), each individually referred to as the "Party" and e "Parties." WHEREAS, the parf ies 2021 (hereinafter referred to as_ theA..,' , . �_ '. Page 1878 in the Collier County e0q)i WHEREAS, the parties e� Agreement dated April 2, 2022, a c Collier County Records; and RECITALS: d into a Land Exchange Agreement dated November 9, agreement"), a copy of which is recorded at OR 6045, 4 and red~ 'WHEREAS, the parties wish to ex Agreement as set forth below; and to the First Amendrnen rhich is recorded at OR 6 t to Land Exchange 1 I4, Page 3144 in the chedule set forth in paragraph 4 of the WHEREAS the Collier Count Board of ,air. , mmissi Y V Y` amendment is in the best interest of the County. �9 :;;, ..;� 'WITNESSETH NOW, THEREFORE, in consideration valuable consideration exchanged amongst the contained herein, the parties agree as follows: oners hereby finds that this f ereby expressly Incorporated herein by reference as if set faith fully below. - 2. Paragraph 4 of the Agreement is hereby amended as follows: of Ten Do�i��ars�( •��40) and other good and parties, and in ca s +dI ration of the covenants 1. A.11 of the above RECITALS are true and correct ant�� Schedule. Design of the New Improvements •fie has been completed • • • IAA • II�1 1 !� .• � �h . 'f'1 . • New Improvements �h�-be was completed with the issuance of South Florid divid 1 1-108077a-P. des. Permitting of the �anuary 13 2023 Ater Management ource Permit No. o�,o DR 6237 PG 2675 Construction of the New Improvements shall 2024 and shall be completed within 150 days I mutually agreed upon by the patties. commence by_March 31s Est 28, 2024) two unless otherwise Au 3. The bounty Manager may further extend the Agreement by an additional 90 days without the'1 0/ oard approval. Additional extensions of time will require Board approval. IF t 4. Exctee I04* ep r.asressly provided herein, the Agreement remains in full force and effect according to the ter �arid;`onditions contained therein. If there is a conflict between the terms of this Amendment and,Bement, the terms of this Amendment shall prevail. IN WITNESS WHEN OF, the parties hereto have caused this Agreement to be executed by their appropriate officials; as; 1hib, date first above written. IF 41. AS TO COUNTY: Fk It IF Y ,`. ATTEST: •, , 1 J. I RD OF COUNTY COMMISSIONERS Crystal K:291%rkCof Courts ,. CIF . I 2ER COUNTY, FLORIDA 11PtA B. yyB:�FL 14, : I IF .. .-III got~: ; k FIFO Ric I �1: hstro, Chairman `• Vst s f In $ ' ly I y AS TO DLVELb` Re GM ADVISORS orida Limited liabilit company 1 y p y Si ed, sealed and delivered By: i e pre ence af: Name: Title: rd Printed Name Printed Name s a� i *** OR 6237 PG 2676 *** 0 STATE OF FLORiDA COUNTY OF COLLIER The fore�oin� ins limited liabi`1`' Appr i lega ity, ment was acknowledged before me thisI' i ay of I1y, `entification. who is rsonally Cornrnia�t � � 350I1;5 Jaw Y-1 - -:,. d as to form and y . A�hkat' As ' tant County Attorney Q rCli 2023, � <v ..- of OM Advisors LLC a Florid or has produced I�Iotary Publ+e' My Commission Expires, - ! _a OP411 I PA INSTR 6238712 OR 6114 PG 3144 RECORDED 4/21/2022 11:08 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 FIRST AIVYEN�MENT TO LANT1 EXCHAI'�T�E A��.EENiENT` Gl� AD`VIS(JR.S, LL+C THIS AI��IEND��;ENT (hereinafter referred to as the "Amendment") is .made and entered into this �� of April, 2{�22 (the "Effective Date"), by and among �M Advisors, LLC, a Flc�rida����: 'mited liability company (hereinafter referred to as the "Developer") and .- Collier Cou:ny,._.~�la �ida, a political subdivision of the State of Florida (hereinafter referred to as "County")�.;, e�.;�' ;�.=l�;dividually referred to as the "Paa�-ty" and collectively referred to as the "Parties." ��� ; `. _ �. .,. -:�::, _ -�, ��'�� ��� ptECI'I'ALS: �K WHEREAS, the��:��r"t, �`�ntered into a Land Exchange Agreement dated November 9, 2Q21 (hereinafter referred �tn:�s the "Agreement"), a copy of which is recorded at C)R d��5, Page 1878 �n the Collier C -: n.�y�; e��prds; and whiElt.EAS, the parties-�l���,-�o``���xtend the Schedule set forth in paragra h 4 of the �.; ��. p Agreement by 90 days as set forth; �����-��nd -��.., WHEREAS, the Collier Coin` f`� c �� ,:;� this amendment is in the best interest c���� hE f::� 'ti of County Commissioners hereby finds that �.� :, Qnty. �..:� %y� Nt�W, THEREFQR,E, in consideration t valuable consideration exchanged amongst the p. contained herein, the parties agree as follows: 4� >ollars {10.00) and other good and i�i in consideration of the covenants �t .:�, , ,:;...} 1. A11 of the above F►ECITAI...S are t�u��anti correct anal are hereb . _ -. y expressly incorporated herein by reference as if set faith fu�l�; = - 1+qw. e�; !•: :�ti ;�� 2. Paragraph 4 of the Agreement is hereby a�nende�:��a��' �i.��s: ;, ��::, ;: Schedule. Design of the New Improvements shall be car .,`�... `_ o later than . ; nine � s��:� f � months from the Effective bate unless ate'.',, �, xnutuaily agreed upon by the parties. Permitting of the New Improvem���shall be :��, completed no later than fifteen (1�� e�e����� months firort�hfective Date unless otherwise mutually agreed upon by the parties. Construction of the New Ixnproven�►ents shall be completed na later than two (2} years and three �3} months from the Effective Date, unless otherwise .mutually agreed upon by the parties. 3. The County Manager may further extend the Agreement by an additional 90 days without the need of Board approval. Additional extensions of tame will require Board approval. 4. Except as expressly provided herein, the Agreement remains in full force and effect according to the terms and conditions contained therein. If there is a conflict between the terms of this Arnendxx�ent and the Agreement, the terms of this Amendment shall prevail. "** OR 6114 PG 3145 *** IN 'Vtjlrl �NESS 'VV�-IEREQF, the panties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. ;A'4 ,'✓ ..�I�inzel, Clerk of Counts +9�{�' �'1'•ktrir�,?1 �C� •99 {.THY s • j �r 41 Jot ".yl M':d',.n,c.,Y}!�jX?. f/•vi'..il�IF- ram.. , ..+: 10 BOARD QF C�7LTNTY CQMMISSIONER.S CQLLIER CQ RIDA By: ��--T4 r--nt!a•' - ,• a � ,! -] � �, y, .�..i.. r. � � ty �✓ rk F ��!•t.� r 'i.Jrw"''4��?'cb. ti• It off , .` y'• 6 41Iti.?, if�t ' Af III No FF It "OF 41-A prov . f `a.d legalityOF r: I { FF IFa.. ; IF It Jeffrey Klat ow, County , ttorney IF ,F ° :<, It IN IF IV 0 to IF `to 11 PF ':�:.:' AS TO DEVELOPER: liability Signed, sealed and delivered i� the presence of: Printed Name nature rinted Name Willi L. McDaniel, Jr., Chai Title: G•1V1 ADVfSQRS, LLC a Florida limited w :.: -. I IF FV- y"`: ?e INSTR 61631�8 CLERK OF THE REC $282.00 OR 6045 PG 1878 RECORDED 11/22/2021 4:17 PM PAGES 33 CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA n1ad� at�df .�.dvisorss and Cof Fier " �aunt�"� LA,h1D ���.�ANG� �.��R:��I��N�' ;��HAI��� AGI�,EEI�EN'C �b+�rei��:al�e�• refe�•red.t4 as the `iA�reernerit"� is this.... .. of C}21 {the- "Ef�ecti��e l��te''�,. by ar�d atr�ang �� �ida: �im�ited liabil:i�y company (hereinaer referred to As the "Develo er"} .. . p a� politR��l �sabdivtsian ofthe State of �'l�rida �her�rza�er re�'erred to as ty referred to as the i`Party" and ct�llecti�ely referred: to �s i�he "Parties." R�CITA,LS: �- ;. . w�-IGR1�A.�, �is�:����;:" �hc cwner of a certain. 3�.7�+/- acre pa��ccl:. off' real ro e� .: located i� uriineor gated �©1ale�• � � ���n �. w . , . ... �..p �. �' p � ty*- t��. nai�thern �.6 I acres of � h�ch ��s:,�ransportation � ��13t.of way, w: and is exp��cssly excluded fra��,. �s�`�g�eetnent. This parcel, leis and except the: nc�rthe�•n �:6-�I- . �� aches, is descrt�bed on Exh �b��t A ���a:c���hereto and made a pa�•t hereof (t��e "�o�a��tY' Parcel"�.` Tl�e County �'arcel is c+�r�•e�atly us�d��. ����''��tet• detention facility assocra�ed .�r.ith the .lr����fll�alee �.oad dra��age syste�-ns, and � ` :� ..�� ..;. :: ,tip ` ,•� ;;�';�: .;mot;. :� . w.l"I�ERE.�-1�., Develapet• is tl�e�`��ep��o;� certain �.�+�- acre, parcel; .of�real �pt•�pe��ty located in� u�ir�corparated� collier County; desct�:b.�ari>L�hibit Ei attacl3ecf [hereto at�d made a part l�erea.f, (the "swap Parcel"�, and :;�� �.. ;;: � .1 '�U'3��1�R.�A:�,- u�a�� tie terms �n� ..c�ndl desire to exchange the �County� l�'arcei,fo�• the S �,; sa��`h�a:rt� he�r�;in., t�t�� C©ur�t�i �arid the.: I�evelopet� �P:�rl: and �i�i�HE��.�As; an�ong�.others©n�ideratians�s��o��t I�evelt�per will. also � % � .design, per. m it .a.�d c���str�uct �' � Parcel��at its, so lecast and �ex�aer�se the "Project") �a�nd �i�� drainage �aseX�ent fnr operation aid inai�tersance of the the ��au�.ty; �n.d '' � �R�AS, the +�o e�char�gc of�real prope,c�ty :is �.. - -.� . -� ,, ,...�,. ���1����<�tr, as p►art.c�f than land��excl�ange; �lae �e� ��e�� d�etentio��ri� f�ci�i�y ati �tih� ��va�� :t��3 he ��L�nty a �nit�i.rnu �0-foot :�� � :. ��;:��vr � detention fac.:i l i ti��:: at. taQ cost to .. llter County �3oard cif �©un Conk '� _��_ s�� � ers �� the: best interest of the Jaunty• ��:�:;...;;.� �_ `�': ,w hereby � nds ghat tl�rs - • i. r' _ t' 's.r�+ I'�IC�', Tl-1'.l�l�.�Ft)F��, in consider�a�tion v�'Tcn .I�ollais (1 �.��0� and other gc co�nsde►�atian .exchanged amongst tl�e �arties,� and i» ca��sidcra�i�n of the �c:� herein, e parties ag��ee as �'c�llo�rs: ;�an�d ��valu�,b:le .. s canto to ed 1. �,11 of the a%ove RECtTAI:�� a�•e trUe and cor►�ect and are hereby expressly incorporated herein by reference gas if sit fo�•th fully below. 2. �`he pa��ies agree to � the exchange of read px4t�p�rty interests and associated It�pro�ernents as :set faith b�low� r. • R I e]W PG 1879 3Will ; flew .Imprt�ven tints. Developer agrees fo design, permit, and colstruct a new pond site and rela.1 $4 drainage faellities on the Swap Parcel at its sole cost and expense, including. all necessary s . r vvzatcr pipe interconnections (the "New I ir prove ments"), The New Improvements hall p treatinent and attenuation of stormwater runoff for Immokalee Road, 1' odcficatca "ta. ` `eatment, attenuation, and discharge from Immokalee Road "Basin -8" to the. Coc©hatchee ' 'c na ill be coordinted through a -South. Florida Water Management. District SFwMD . _ ` C,,beAobtained'by Developer, and -shall result in.no Increase- of hydraulic grade t line eIfevatiotis fox• the: 5M1 9 IMmokalee Road drainage inlets, included hi "Basin 8." The increase of impervious area 4f r the future auxiliary lane for Randal): Boulevard talo.ng linmokalee Road shall be modeled,and it carporated It , to the permitting of the New irnpi•ovemedts: The. County shall have the opportunity to;xe., and approve the SFWMD permit and shall be the coyapplicant roc• respective pennit applicat o,, , as needed., Developer shall coordinate with the County an all :facets is, .- ..� of th iProject. It 4. Schedule. &Desigii.ofaffi+ months from the Effective Date ,nI5 z of the New linprovernents shall he'iq Bate unlesssotherw Ise,inutually agre shall be:completed no later,than two agreed upon by the parties, Improvements shall be: completed no .later than six {6} .wise rnutuall:y agreed upon by the parties. 'Permitting dL no later than'twelve (12)7 months from the Effective y� the parties. Construction4 of the -New mprovernertts the Effective Date, u'ri[ess otherwise cntctually . 5. l✓'lans for `i✓!ew lm rover►ents.:�r;.`���Qnstruction. l�evelo er at no c:ostto the our ty, shall prepare pr�eli�nit ary and final e: x %n design plan and specification and .provide then to the County *for review, com let an 66roval: ' Plans. and Is must be approved by the County prior to any constr ICY ; urever, such approval sliall not be unreasonably ithheld,L. L 61k approval of Contractors. .,and.., Inspection: P'11 r'I+ constmailon, Developer• `slt it provide the County with a ! sst o f: all proposed contract� � It : ' : subcontractors for the Project. Developer small: not utilize any contractors or sub�contractcirto :;ill�on the County objects. The County may hire a �CEI: I:nspeetor for. this. I'raject� and .shah hav they right to inspect the wont , throe `hoot construction and the Developer shall promptly corgi+e'c 11) to p p p y fi! q d defects. TJevelopei shall provide the ou�nty v�iith :a canst�•uction sChedUle a��d.pr i i iy o� y► the County of any delays. -or other:changes �in such . schedulethroughout the. duration: of�th� � ort�4 _re t. 7, Titlee Commitment. Prior to construction, Developer shall._*Vide : ,at na cost to the County, a title c+ommltM* tint car :ate attorneys opinion of4title pertaining to tl�e era : Parcel, and at or prior to closing, Developer :shall :remove, or cure. any .liens, encumbrances --be i;title defects revealed In ,such title commitment or attorney 's:title opinion that'are ob echo ble ta�th`e County, If, prior to the commencemient of construction, tl'ie County has an objection -to title to the - Swap Parcel, which the:County determines Developer cannot resolve within a rea.sonable,tine period and with reasonable effort, the County shall " have the right to terminate this: Agreement as .further described in: paragraph 9 of this Agreement, and thereafter neither the. County nor. -the Developer shall have any further obligations ox liability thereunder, $. Easeixients:. At closings the Developer will convey to the County, at no cost to .the County, a minirnur» 20 foot drainage casement for. operation and maintenance of the dew ImpraWeinents. Pt•ior to closing, Developer• shall coordinate with the County on the precise: location of the drainage easement. Developer shally g h provide all surveys and le aI descri dno s or such f I easernen#�-dire at. no cat Atto►rney's r of the drainage red byea liconset`t Floc ida. property surveyor,. for• the County's review and approval ounty. A.tI easement documents shall be subject to: approval by the County 00 ce conveyed, the County will be responsible for thepet�petuat maintenance `asern rat. other party a righ i. To the degree necessa:•y for the. project,each party herebygrants the to enter Ripon their respective parcels, l a:, Tertnica or o. ty tray terminate this Agreerrtent if (:a } :Ihe County does not approve the design plaris for: e Newin�provernents;2) if the County is �ot,reasanably satisfied with title, .survey, en.viro`t ental oar other dtae diligence investiion gats pertainin,g :to the Swap Parcel• 3 lif .the deadlines set'f. i1. , f) paragraph 3 of this Agreement for de n; perrrtartting, and construction have not been n .a s t mutually agreed upon extension$ of time; car (4) if 1+11 Developer does not commence: tcolty construction of the New Improvements to accordance with the County approved* design l j s ecifscations, and relevant. pet•rriits, Developer ma y ten�ninate thfs Agivement prior to th4e:; orrrrt nb.ernent�ofconstruction on the Pi ol+ect'f It determines i iI its sole dtscretton that the costs a cr e wit the Project are not feasrbfe or. 43 1 1t�ate any benefit to the D- e�vel'oper from this Agreerall ent<•'� Sh:ou ld Developer exercise its tt~rm Ination rights, any costs incurred..re,lated to the Ftoject s be ne solely by Develop .1ion Y i Pro :ect : �`0 1e Developer st ;totf the County intriting once construction ofthe New Improvements has been completed, tyuntr. ll: have 3o days :following receipt of this notice to. inspect t e Swap mParce.l and. New -.&Improve Ms....Following �oompletion, but px•ior• to. closing, Developer shall provide to the County all oc,A,0 ` ermilt com letion certifications *As"u iIt co � ., ..�P , construction plans,, an updated survey of*the S1vra aIr e"c I evidence Ihat all cantt�actors, subcontractors a.nd materialmen: have, been paid, anch Im"el'1:40 ' Y�j, o the County.of Iien waivers., .. Developer shad: also provide executed deed -and easeme`rit: WWI yance. documents for revi+eW by the County Attorney's office. 12Y + sin . The elosln for the exchan a of Parcels!. ! het g ,ti + d on a date mutually agreed. upon by the parties, but. shall:occuk. no� later than three (3') emefit4..fter project completion, unless otherwise agreed upon by the .Parties. Developer shall convey Y ISw. a� Aaivet to the Count y As we*11 as at N mwt Improvements thereon, and County shad accept tl� W f4fliproveinents. The County , shall Simultaneously convey the County Marcel to Develop�� :D� .,Taper shall be responsible for all recording fees and: closing costs for bath Parcels Aff thtr4e os` g, the County wI'll deliver to Developer. the follow1119. a} b) A warranty deed with fee simple title fx•ee and clear of at i liens and encumbrances (except. nonwtnonetary encurrrbrattces, if any} conveying the C.outltyParcel to Developer, in the fotrn of Exhibit Q, An owner's Title P6.1icy, covering the County Parcel with no objectionable title except-ion:s46 Possession ofthe County Tract, and Any and a.11 other*sutii documents a.nd" instrutiients as tnay be, reasonablyltiecessary to effectuate the transfer o.fthe County Parcel as provided herein: OR 6045 At ahe closi g, Developer will deliver tv the unxy the followisLS 41 a . warranty aced with fee simple title free.and clear of all .liens and encumbrances ept non* monetary encumbrances, if any) conveying the Swap Parcel to the :: a in the form of Exhibit C; byo dill fsale, ovvnei•'s affidavit, attorney affidavit, and subv �dinaz an for any NewY .I`t , ,r r ents not coveted. by subsection (a). above, in. the. forms of exhibit �1, if c} 'I`h�:ircuted drainage easement described in paragrapl~t� 8, ire the far�r►: of exhibit d) An 0 " I A 1r'="' `le Paticy covering the Swap Parcel ritt no objectionable title exceptions ` e} Possession f the-,SWa Parcet and New Improvement$;. aszd f) A.ny and all, otl e; "stlelflAoc.uments and instruments as may be reasonably necessary to effectuate the traM ex lof the Swap Parcel as provided herein, 13. Maintenance, Upon e0 * i '0of the warrant bead for the Swap Parcel .the bounty will become solely tesponsE�"�� ���`th :perpetual operatlon: and maintenance of thestorm" water.management system,on the Swap:gl'' `'°el : lvhic'h 'inctudes the tomiwater pipes; stor�-nv�rate�� ponds :and associated discharge into the ' :e canal.. l4. atveJ• of LiMU tty aMy kwool rns�I v oiler, 4 assItgns inciudi lg any. and all fctture o�vt ers .a 0 : the development, hereby. waives .any an alt c1air�s 4.1. ,, . `utu .e .busiess damages and loss of access as a :t esu of Randall Boulevard and Im`mokalee Road or its eonstfdr. assigns, tettaMs and buyers, both residential and.. nd coin t Developer a separate. written notice of the planned overp will not construct an)/ sound 4 al,l or other €gar -ier of any k overpass f I5. ��greernen�t are subject to approval b� the �bl.l i i�n�at�� th�er app l ica�ble,,state;. .local, or federal y' 1',. 1 Advertlserr ent. neveloper 4ha11 covet• the full icost�.J. in .a newspaper of genoraf circulation publisised.in the .Dour 'i✓N t �. frost excharfge of property on behalf of.ts�elf, its successt�rs and: >oth conrtn�ercar arts residential;. within a�nages, including but not .Iimited to e reposed overpass at intersection of eveioper shall ,gilve all successors, i ..mho purchase or lease land from. r• s -w. h the statement that the County. i �d redtice� the:,it pact or noise of the. .. `I� ce wtctl .Law, :Obligations of the County „u.. et' bounty hoard c►f County Com�nissionem, Legal dtferS ertisi��g this �f i7. �`he burdens of this A,greetnent knctuding, the option to purct�asel,::shall b'e binding upon, and the benefits of this Agreerne��t sh�tl ix}ure to, alt successors ii1 interest to the parties �o this Agreement,, including any Property Swaps, 1,8. Developer acknowledges that the failure of this Agreement to addx�ss any ,peri»it, .condition, term or restriction shall not relieve either the applicant 1orv�-4 th1ir successors or assigns, of the necessity of complying �trith any taw, o •dMance, rule permitting.rc±quiiemenTITT*1 do ts, conditions,.termts or restrictions; � VIE regulation governing said a .. event state .or federal laws are enacted after the e,Yecution of this 1�greement, which area0jibOlt,to1and preclude in whole or in part the parties' corrtpliance with the terms of this Agreemier� thIll `11 ;nksueh event this Agreement shall be modified or revoked as necessat to comply with sucI.h..t in a mannerwhich best.reflects the ' . ITT a Intent of this Agt�eement This Agreement shall nc�t::�.pstrued or: characterized as a .development agreement under• the Florida �OGaI Gf?verrlme!'} veloprnent Agreement Act. 20. All PallICS�Sll 1 execute tli. IS Agreement prior to lit bey : sub nrtted for approval addp g ppro by the Collier County Boal ,W� j County Commissioners. This Agreemnn :shall be recorded by the County in the Official Re" orris of`Colli�er County, Florida, within f6urteen . (1 4) days aftez• .the"le. County,enters into this . greed nt. f eveloper shall pay all.costs of recording this Agreement. A ;. copy of the recorded document, 11111.6- . , a tt *ded to. al l lames upon request. >.,Id d al. .;# 21 . This Agreement shall: bc?` VO4 Florida. The parties shall attempt Sri < v: 4:it through negotiation between authorized" r there renmains a dispute under this Agree en Alternative:Dispute lResolutibn Procedure.at may then file an.action'in the Circuit Court of with respect to any disputes arising but of thVis d by. and construed under the laws of the Stake of to resolve any dispute concerning. this...A,greement yentaiti�ies• If these efforts are not -successful, and t e . arties shall first, use.:the Cou��t 's then current dun .the conolusion.ofthis procedure, elither party ler0 ouMY, which shawll be the exclusive venueIT 2�. This A,green�erlt fs � pel'S{3T�al .Agt�eei trot be .sold, transferred, or assigned, in whole :or its Pa County, which County. may,. in `its $Ole discr. etlon, deny 23. This :Agreement constitutes the entil•e agree ��ig�ts .and Ynter+ests heirunder may gut the Qt�i�r written consent of the t, the activities noted herein and supersedes and takes the place of --and ; entered into between the pailhereto relating to the transactlo�ca representations, undertakings, and: agreements by or between the --:pat,, suDiect matter of this Agreement are *merged into, and expressed in�`i ail prior representations, undertakings, and agreements by and hetwi thereto hereby are, canceled. n tl�e parties with respect. to ��d .all previous. agreements tmplated herein. All prior ies l er,eto with respect to the rs •eement, and any and n:.s ::p,Arties w•sth respectIT ��. Nothing corita.ined herein shall be deemed or const��:ied to �z�eate � any of the. parties any joint venture or• pattnership nor• otherwise grant to e authority or power to .bind any other pal•ty hereto to any agreement whatsoev.e e�rce n o _ r among �atr the right, I�.EII�AI�iI�EP; 0F PAGE I�1''I'EI�TiC�hl'ALLY l:.EI�T BLA�i� �IGNATU�,� PAGE TO► l�t�LLo't� 5 CAf3 IIU wiTNESS VtIHERE+C�F, the pat'tles lle3'et0 have caused -this Agt•ee»ertt to be executed by their app��op���a�e off cials, as of the. date first above written. �a� � /I � n ,. ,t, Y ems/ , ; r .Attest;., :�. ��i -� ���,; : ' BOARd l� UNTY COMIVIISSIONERS CRYST:.,� E`�l�,�Clerl�: O R .COUNTY RI� A i ; ♦ :� ` .,, IJ S,^ ,, f ?�° V r ��• .:Y:. •. ,iiG � � • r �;.,,��.�. _ �. '.�:� . Gf.e is - ••��- ..: PENNY T I✓o�., Chau• AS TC� �DE�J`�I.'��I';R.::�•`"�`` 'J- GM ADVISORS, LLC �a �lo�•ida Limited liability _ ..� company -�� - .. ' 1 ! � '.x � r S �gned, sealed and dei ivered -.._ �:�, :::.:;;y4, By: �'� in t!-�e pr sen of �``������ �, �°���:�.� Nam � ; . r,�, �' ..t ,;�,. � , .ti � �: Titie. ..�. �;, :..� ` �•inted Name Yrineed Natne STATE CF �FLORiDA COUNTY OF COLL,�I�ER The fot•ego ing instt•u 2021, bye: C.��t liability coi-npany, Appt•o c Legal it . r` rI •^yy.ry _ _ V 14 •v� /. ''.,,tJ /,.' ,� �:..,: ,� �5� frRryd�1' .. ti, '�i i,y � .% ��y.. J _ r.:. icy ` '�� � �� �� i. ��• + �:�. ;� � �' L �' nt was acknowledged before-ine this , � day :of �C�a-OL�,G,i �'Li�ll.as of GM A ►'�i as to fo ran a n d �. sn�ar, Assistant County �.ttoY•ney �� is perso�aally known as identification. No to dv�,�s the n .� �s,+�>� C, a Florida limited or I�as roduced -� - .�� ' My Co�n�nissiot-� Expires; �,�''`y "°� SANQY SEMAAN Notary Public, State of Florida '�* * Commission No, �G302858 ���� Commission Expires 02J1i/2023 -- �A� �� j �. , xni bit [ No •. • + .�. -, '.4 k4��' ,2. •:1.. L.S, , •L •• • •Go ....••. •••..• • •• •• • ••L•, %• • • • to .• • • •1,• Growth illlanagerr�ent De�arfimenf It OL Development ReviewDivision Legal Description 6, Golden Gate Estates unit No.23) Tract 3+� o� Golden Gate ubiic records of Collier Cc Range 27 East, Collier Cou Subject to Easements and Restri+ Containing .7g Acres more or ies •' Z , •'�;la &1LV Berman, P.S.M. , who'' • florrblei S�t.��veyor and Mapper LS j��ou,�yc4afnd Surveyor t • +r ' I • 01 IF I*to �•��Ln _ lite a�1"'Ok7/20 I rj •� all ,, •%�2021 ad003 III too 0 10* it No, 23, P1at E�ook 7, pages g through 10 of the r ' da, located in Section 27, Township 46 South, ecord. F�ge 1 Of' 1 �8i10 N. �lorscshc� Urlvc,l�tupIcs 1L`EorEda 3�YOd (239) 252-Z�O(I 1' 4•l & Fit From* fel toter c®r via V) 0 so It top It 0 9 0 it . so 0 IS of of Growth Management L�e�artmer�t Development Review DivIs ision 41 of W IF ' s EXI-i I B 1T "A" DaGri di J°part of Tract 36 of Golden Gate Estates Unit No. 23, Plat Book i, For pa:g .;A, ough 10 of the public records of Collier County, Ploride, :,. (Southern Portion of Tract 36) Foot FF: All that part I',rct6 of Co(den Ga#e Es#ates Unit No, 23, Plat Book �, pages 9 through 10 of th0fism, bllc records of Collier County, 1~loncla, being more particularly dif escribed as folio =. Commencing at theita'# Corner of said Tract 36; Thence along the easy -1 n `a*o,IoF IF. s ild Tract 361 South 00* 19' 19' West 7800'1 feet to the Point of Beginning of ti0epd'rce�`erein described; Thence continue along. t-? " .slV. :.do .t r' line south Oo 1910 West 4�f9136 feet to the southeast corner of said Tr6i t' ak Thence along the south liner- si icl11 if r ct 36, North 89°40'60" West 330.00 feet to the southwest corner of said Tract:, Thence along the west line of said,ct 3 North 00*19'10" East 402.32 fleet; Thence leaving said line North 8:2'3t", 4st 333.33 feet to the Point of.Beginning of the parcel herein describedto . i;, 41 41 NI Subject to Easements and Restriction:a`Read rc, Bearings are assumed and based on theiris:fngf Tract 36 being North 40*19'10" East. , k. Containing 3.23 Acres more or less. L f IFF4 IFp, , ' ti+ t ;. to ti y� '. .. L 4 it 1 IF {;� .. . 1 St is Berman, a oil P.S.M. l�lacl6us L. 1=lorida Surveyor and Mapper LS 6086 County and Surveyor C3ate: 'i 01D712021 Ref. 2024 "0a5 �� tr •.1111♦�,• tip. T .I •' f is .•J IF :' �.. `'fh:- •sol.firsit IF of Op «•. wof 0 to ♦ • •! „ M Vast 0 ki ,4 Not 0 IF IF iF so • : • :•' 6 r,w pop 1 4 IF 1 IF Page 1 of � . , z800 �. liorsestiot A���e, t�'xp�:� Flor�d�t 34104 (234) zsx-xdo o �XN1=1�T A TWE �OUTW�RLY PORTION OF TRACT 3�► OF 60Lt�EN f ATE ESTA�'ES Uh1I3" No. C3, PLAT BOOK 7, PAGE 9, COLLIER COWT'Y, FLORMA. .k._� PLAT 1. NORTH I �441 = Id0 f t. P!►RC�L'E71 p•R, epOK 31� �'ht� 2576 GY�R tiE" TABLE' — ----- --- - ® i •d ••=&OEM 1MN�0 R Sig �- C1 GOL,D�N CAT•E UN1T Flo. 1�.89°aorSot�N. 33a.Op' 1. BEARINGS AF2B BtiSEO OiV THE WCST LINE oFTf?1lGT S6 BEtNQ NflRtH 04' i!i'10' FJ1ST, 2.OiME>d310N8 rIRS 1N F�ET1Wd OECIMr4i.$ THEREOF. 3. SUBSECt T4 FASEMFN'tS ANp Rl:STRlCii0ht3 OF RC(x1R0. 4. I�AROQ. CONT/i1N8 3.73 ACttES M� CNi LESS. �4LLl�R �4LI�1TY ppl �op� E.IR T GT p�G��•1Ya o�.ao°x3ti�op� ;i MA CUS L. BERMAN, P.S.�SS' . ; ;,, � . C, ; , :.•. ` COLLIER COUNTY SURVEYOR -of: ,•i; FI.ORIOA SURVEYOR & MAAPEI topsoas - '-: ~ = �'• to or �ev�E�pment RevEew iSf on wth Management Department 28�Q �lorih Eiarsrshoc thrive, Nap�cs nlaricia 34104 Phone: 239-252-6885 Fax 239-252m6476 aLB: 0-C�7-202't Sheet ?pia. 24F2 SCAi.R: 1It = 100' Fiie Nc�: 2�321 •�i�t�5 }liil.nnlrr� ftid Mp•�ftFw�lEngsntainy D•Wrlery�e�b+oin*�►1M Fd+in+�+tGAD SIMIRYOR1�tM►3GSi4r+tdte►Qab f�latis{?D17-0OS Lath �attgo S1lteh at Trr,el 3b QQE tJ?3.d�rq. t4JfllAit 1D.QSM At Au4•CAd PCir tGM" boetlmenGtieN.tkA LJiiil is •.s ► Fool OF Growth !'�1lanag�ment Department Development Review Division EXHIBIT "A" of Tracy 36 of Golden Gate Estates Unit No. 23, Plat Book ?, ugh 10 of the public records of Collier County, Florida, (Northern Portion of Tract 36) AlE that part af"T'rd'�;; - through '10 of triWSI, , i described as foil Beginning at the No Thence along the no Immokalee Road Cc. 36 of Golden Gate Estates Unit No. 23, Plat Book 7, pages 9 bilc records of Collier County, Florida, being more particularly hest " � rner of said Tract 36; li asraid Tract 3S also being the south ri ht�of-wa lute of 46 t :1-,.3$4.11 feet alonga non -tan ential circular curve �1`� I,.,. Iy. 9 concave to the north, h vi O ��r ., ius of 5334*4�6 feet, through a central angle of 03°35'19u and being subt ncAa V a fiord which bears North Al°:)2'40" East, 334.a6 feet to the northeast corner 'of s i , t'ract 36 Thence along the east line of W6 i` a ..36, South 00°19'10" West, 78,01 feet, A Thence leaving said east tine Soot � a�2'�5" West 333.33 feet to a point on the west Iine of said Tract 36; Thence aloe g said line North 00101P..EeciTract 36 and the Point of Beginning at' t 3.11 feet to said Northwest corner of I herein described. • Subject to Easements and Restrictions o Bearings are assumed and based on the west ]f I If �'ract 3B being North 00° 19''10" East. Containing 0.56 Acres more or less., l arCus L. Berman, P.S.M, 1' lorida Surveyor and Mapper LS 5086 County hand Surveyor Date: 1 0r07l2021 Ref; 202'1-OCi4 l of • � ''� . �, � � +� , .fir .MO •. • - -p ��'• ,y.�M •"_.'.;,l;.ti„:1 ,, ,. 1,• ti. +� .• :•) h • y• a 1 .` +� .r r . . i Yi to OF 0 JA~ - xSOa N. Horsesbac Uriv�, N�ptt� 1?lacid�t 34104 M9) 252=2400 ,�I oR 6045 �ttaorQDuV a THE NORTHERLY PORTION OF TRACT 36 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK T, PAGE 8, COLLIER COUNTY, FI.ORLDA. �4 FLAT Noy NORTH Ply t?1 O.R• �� 3tOb PAt3� 2�i75 •. : • • 1 �. h' • •1 R ' CURVE TABLE No. DMZ TA RA / S L�'OVG CH 9461momm D/STANC G1 03:3,� 19 53..34* 46 334.11 A4 81 ' 2 40 �". ,334. 06No Motto ILV: t: Im mo KX !B46 r � t R O too r �. •....... •.......... . .•r• • .........•. r-••.• N ...♦ NNN ::.:•.RSI:AL:Y.::::•• a' yJ_...""------''-•-'N.,ts•1;r�.�r!���.,�r_�hrs..r.•�aa+.ir �'�w `44' V 6 , c GCJLDEN GATE STj` S; UNIT No. 23 �` MaRGUs L. �RMAN, p COLLIER COUNTY 5UR' Fl.QRIi�A BURVE.YOR � c�LLt�Rc�uNTY Deveiopmer�t Review Division Gr©wth Ivlanagement Department 2804 North l�Zorseshoe Drive, Naples Florida �34) 04 Phone: 239-252-6885 Fax 239-252«6476 Dste: Sheet No. � aw07•2021 z OF z 6 V SCALE: 1 " = 100' J '•• 004 04 to tv No NO At tho to 06*0 t' 1tG NO; ►l1Rt•,.ns^D anQ ila�u{•dwAtnpt�nAwp Crpatrn•nAGgiwwi.p fd�rny�f'AO SVMIEY fsieJl4N11CS1tfelifie tl•ta Ert•fisl2r)lt46•i I .rtM pr,dee el Teti." 661 W»� �d, IOJ�/162 t 1a0l:12.U�{, Aut0G101b1Ft6R#er�1 betumtrru►t64pt3 •• .!� :•1 Exhibit B W i 0 0 • �,,�Y`MYTj r •k IL Gr�w#h Management Department Development Review Division EXHIBIT "�" Description IL (Tract 52, Gorden Gate Estates Unit No.23) two, I Tract 82 of Gci�,�e,, public records ofc, Range 27 East, i Subject to Easeme Containing 5 Acres e Estates Unit No. 23, Piat Rook 7, pages 0 through 10 of the ier County., Florida, located In Section 27; Township �48 South, :r Cowty, Florida. end ~F ns of Record.. � • I%�l ,lei/�.� - ``' '�S\ � Add �t�s lam'rrtian, P.S.M. I "Pitr,: 4516r I&OPS .1dyor and Mapper LS 508( '•'i�nty, Lr� •Surveyor ftj ►►. ,,, i l .•, .• 1. Dated.* 10l0712021 Ref: 2021-0,02 ale 1 t•�f. Z ��QO N: I�orscshoc prt��c, N'nplca F1u�tda ��tI04 (Z39) �'�2-Z�140 - a I ?) C�a ALl. OF TRACT 52 OF GOLDEN GATE ESTATES UNIT No. 23, PLAT BOOK 7, PAGE 9, COLLIER COUNTY, FLORIDA. 4*41 AT ,"0: NORTH l `" t IN FELT } 1 inch s.89'4fl'so"E, 330.00' 22N0 A�I� N� 60' ROAU EASEMEi�ST 1, BE"ARINQS ARE BASED +ON liic VYEST UNE OF TRACT 5x Bt=WG Nt7f2TH Od' 19" t(r I:A.ST. 2.Oi�3ENS1CIElS ARE IN i�ET ANp DECdlAALS THEt2E0F. MA CU9 l., BERMAN IF 9. SUH•iECT TU EASEI�I�NTS MID RESTRICTiOt�S OE RECORD. COLDER COUNTY SUR' a.PARCErL CO1+tTAM�IS S ACRES t4tORt~ OR LESS. FLORIDA SURVEYOR � development Review 1)ivisIen GroWrt�t lVlanagemen� Departmen# Z$bb forth Hvrseshoc UriveI I�taples Rlorida� l OAF Phone: 239-252,6885 Pax 239-252"6476 I3atc: Sheet No. � a-� ? -2021 2 of 2 Z w w .' l �,� V fir. M" I .%. a sued) . • to SCALE: Fite Na: 2021--E�Q2 N:Vtlnrt'rq a� t�¢u4tkMt�^+��MgC►+OHtm�i�[nplpNti,� to►dttq+C+►o StiAYEY DItAwINGSLG�Fden 6xt• tsNHt\i07ikJ26Qf ut3 Inci SidwQ.18lt�J?C211.H2d Abi. /.ulaCAh fb►(6tnvitOoanNM�derd}[i •' 0 *0 IF I- • ' off MIMMURMUs � Y t n • 1 • ens • ♦ n • F,irti#�34104 It __ -- ___� [spacd above for recoMing d$taj pRM"I'�` PARCEL : `:. _J1 WARRANTY DF.ED THIS WARRANT_ Y4- DEED is made this day of 20 by [insert rantor a name(s)jn tonsert and bold followed b marital status In lower case non•bold whose maltingaids mailing address] (collectively [delete if not applicable], "Grantor`), to COt,.l..liAl: RUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 Tami nTrait East, c/o the Office of the County Attorney, Suite 8Ctd, Naples, FL 34112 ("Grantee') x (Wherever used herein:;thd-`tOrrtm "Grantor" and *Grantee" include all the parties to this instrument and their respective heirs, legal represent atives;-succ sdirs, and assigns, Grantor a nd Grantee are used for singular or plural, as the context requires.) Ie K WITNESSETH. That Grafi..t r, for..Arn&.Jn consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, 1171 ecerptlajnd sufficiency of which is hereby acknowledged, hereby conveys to Grantee, the followiiigdectaed land situate in Collier County, Florida: See xhibi_j,"A" attached P,. [or insert legal description] F Being [choose one] all I a porfirt''_ =1. 'prop®rty conveyed to Grantor by Deed recorded in Official Record Booka e ` - ... , of the Official Records of Collier y County, Florida. TO HAVE AND TO HOLD the same, togeth e h �� t�s tenements, hereditaments, and appurtenances thereto belonging or in anywise app, rt'lPIIst hg i r m 11 a simple forever. m,4 Grantor hereby covenants and warrants that Gran a►r.,4tJa�fJlliy seized of said property in fee simple; that Grantor has good right and lawful authorlty ld ell a d convey the property; That Grantor hereby fully warrants the title to the property and wd%41.. f 4 �' the same against the lawful claims of all persons whomsoever; and that the property is fl of al,.encumbrances except for easements, covenants, and restrictions of record and the lien o o .,reel estate taxes and assessments not yet due and payable. Grantor represents that Grantor's property choose one sil-h�fnes sa0 property [orl is p p p Y[ J not homestead property, nor is it contiguous thereto. t This property [choose one] is 1 is not being acquired by Collie ` ty�. ppursuant to a atition in eminent domain and [choose one] is / is not subject to the reti'i io`; i posed by P Florida Statutes. choose "Is" If a condemnation suit has a ilk [ Ad Section 73,013, ; �. . This property is being acquired under the threat of condemnation and is .:exempt from documentary stamp tax. [delete If not a capital improvement project] � signature page follows ] ,� 1N WVITNESS �1MEREC�F, Grantor has executed this instrument on the day and year first above, -written. Ci1/i �s ss:�� Grantar: \e/n� . '. i � �� a '�� Signature:,<{Witn ,, �1) name of grantor, caps not *, �. Printed Signature (Witness 2j� �- printed Name ,� I� ��. STATE OF FLORiDA �� �<,,,�.;±.� -,. .. ;; The foregoing instrument w� presence flr ❑online notarization grantor{sj Warne{sj in caps and boy name of grantor, naps not iat�lci� ��tc�`t�wl�dged before me by means of ❑physical is ;-.;-�� ...�'"�w` day of 20 by insert n(lo �� ��:.y. marttat status in tower case non•botd�, who: �'�'� .;: ;.`� "`'.,� �,,, is I are jchoase ones person�aily kno4vn;;rn�e,.,k• ,, -� �, produced ❑ a driver's license, OR ❑`�_„_, { . "` ,r,_, �� �:;. =�� ;�_, . ;U. �� �:., �ti Signature ;at�t�cr �`, . Approved as to form and legality: Assistant County Attorney :. F lic �� printed Name �, Serial I Cammissi'�" '# {if My Comr»isston Expires: sr r �, � �. - � ���� Z 1 . � as identification. 70TOMOOlIZA ' •, t.' .'LNG OR 6045 PG 1897 :�s E T H: of Ten Dollars {� l 0.�0) and other' good and valuable ' ntee, the receipt whereof is hereby acknowledged, n. identify all types of drainage facilities being conE thereof lying in, on, over and under the following repair• and/or maintenance of said facilities, system{s} in Collier County, Florida, to wit: (See �xhibet "A" attached hereto and i nco Form S -Rev. �004 (Utilify Facfllties'Warranty Deed and Bill of Sale) [Leave 3" blank s ice in A ;. : �.: T�I iS II�1DE1'�iTURE see Instruction No. upper right hand corner for recording purpc�$es�. made this COIvtMISSI(JNERS OF COLOL t0 aS 11itt'arltee��). �� day of , 20 ,between [Name of Grantor r 'ter- refet•red to as "Grantor"), and the BOARD OF COUNTY ,,�R G.QUNTY, FLORIDA, its successors and assigns, (het•einafter t'eferred Y t ,�; ,I NESs That said Grantor, far and in considerate consideration to said Grantor in hard paid has granted, bargained and sold to the said Cra a tee's heirs, successors and assigns forever, all nage facilities and/or system(s) or portion(s) nd, for operation, relocation, installations 4 (s) thereof, all situate and lying and being reference herein.} Exhibit "B" attached hereto is a sketch or other a hic�� resentation that depicts the physical location of the drainage syst b er _ conveyed.) and said Grantor does hereby fully warrant the title to said drainage facilitle an / • systetn(s} or poi-tion(s} ti thereof, be they realty, personalty, or• mixed, and Grantor will defend su)6h a.. `a nst all claims of all persons whomsoever. For the purposes of this conveyance, the drainage \:{ 6 li:ti ' system(s) and/or ot•tion S thereof conveyed herein shall not be deemed to convey an of the land describedineither { } y Y Y ..{, ?114, ; exhibit. Grantor and Grantee are used for singular or plural, as context allows. A `Setch or other graphic representation showing the location of the drainage facilities, etc., being conveyed is attached as Exhibit TO HAVE AND TO HOLD the same unto the Grantee and its assigns, togeti�er with the rigitt to enter upon said Land, excavate, relocate andlor take ar entrodLtce materials for the put•pose of constructing, relocatitlg, Page ! of � operating, repai�•ing and/or otherwise maintaining drainage systems thst•eon. Grantor and Grantee ate used far singularor� OL I� Vd1`IN written, 1, as the context req�.rtires. E+C3', Grantor has caused ti3ese Presents to be executed the date anti year first above and signature block -see instruction No. 3] Acknowledgment ar►d notary block - sse Instruction / P�•epared by: jnasne of person=;i•epari4ng::Ois t Address of person repanng tllis;:.i stru p p , instrument] Page 2 of 2 , Yr IN- ItI i4 It e wIY+M'AW'MfHy/�- •UXIA 6=41 Form 6 •Rev. ZOo4 (tl�vner's A,ff�ciavif} 94 ; °"I L /9 1 1 �'S A.FFID STATE QF rime of fate 44 CUUT`lTY OF turn 0f Caunt " .,, BEFQRE iV1E the ttnrsip�ned authorit , personallyappeared , who to me i PCs y p is well known, and having bee od, Y sworn and under oath, deposes and states: I am over the age of twenty-one (21 }years, atn strijtrris, and 1 . My name is have personal knowledge of the f�d�ts,.as�;i�t Lµ 2, l am the owner of said real property<,lc�C�ti d ein her. "A" which shows the location of the stribec ;"djrige facilities being conveyed. 3. A11 persons,I•ms, and corporations, inc°i i g't . sub�subcontractors, materialmen and suppliers' vh .111 ' toplans and specifications, or extra itetmsT used i1e c system(s40.1111. ) type of drainage facility] drainage or pot�tion( have been paid in full and that such work has been ful` current owner of such facilities. and described on Exhibit Hera/ contractor, all laborers, subcontractors a��d t•nished services, labor or materials according Lion, installation and/or repair of identify of on the real estate hereinafter described, and unconditionally accepted by the claims have been made to the owner•, nor is any suit pend ng on hehalf of any contractor•, subcontractor, sub -subcontractor, supplier, laborer or material -men, ari 1.,i o ct ttel mortgages or cotIditioIIal bills of sale have been given or are now outstanding as to the subject drain-ae *s stem(s) ot• portion(s) thereof laced upon or installed in or on the aforesaid remises. plac p z p .L._.. 5, Title to the subject drainage system(s) or portion(s) thereof and/or easemet t s} rf ny, being conveyed to the County is not encumbered by any recorded mortgage, recorded assignment o'retl or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded doetrt �r�t that imposes a security interest that could negatively affect conveyance of marketable title to the drainage system(s) or portions) thereof and/orany easement being conveyed to tlle County. Title to tl�e drainage system{s} or portiotl(s) thetrof and/ot• easement {s} being conveyed to tlZe County is subject to the following security intet•est(s) by tfte following recorded instrtitnet�t�s): page 1 of 3 � �� l ,Mortgage (or Assignment of Rents and Profits} describe only recorded instrumeiits that impress a security. interest against title to the systems} or poz-tion(s} thereof and/or any easement being conveyed.o the County] to [list name of the trtortgagee(s}] ,dated , �, ant�:ia,.cc��,at t'3.R. Book ,Page et seq., Public Records of Co{tier County. 2. t���"C=l�� .�i�i�aalcing Statement, recorded at CJ,R, i3ook , Fage W______,, Public Records of �. � ��: Col li�cb ` ��. 3. 'UCC-'l � �cort�:. with Florida Secretary of State at Tallahassee (Leon County), Florida at U.R. Book ����- p�:ge�:, ::�.. .� Fr ����. �� .-.%� [INSTRLICTIQ?�; The`�Affiant mast List each mortgage, andlor each assignment of events and profits, and each UCC�1, andlor each,.�othe`ire; orded document that is a security interest that could negatively affect conveyance of goad and ��t�l�e� '� le title to any of tl�e drainage systetn(s} or portions} thereof (andlor easements}, if any being cod, � yed. t�_ the County. If good, marketable title to the drainage system(sj or portions} .thereof and/or any easer�iet s���eit�tg conveyed is encumbered by any such rec©rded Ynstrutnei�t, the Affat�t,rnust briefly describe Via:,,% sU� .recorded security instrument, including the book at�d first page ._ . .o where tha�.�ecurity tnsirument �has��be�, reco�`ted. It is not necessary to attach a copy of any such recoi ded 0 f. document to the.Affidavlt. Ida not list any��N.+ote of Co�nmence�x�ent or any Reservation of Mineral Rights, �. etc., because such �docttme�ts.do not �rr�I�s`'a security interest against good, marketable. title to the drainage �system(s} or portions) th+�ceof`a�idl��smenfi(s), if any, being conveyed to the Courity.] ,. w:, G. As and on behalf of the owner of the subje, ` draine systern(s} or portions} thereof, does for valuable ;, . consideration hereb a ree and uarantee, to h�.l,°�.�t%�rd of County Commissioners of Collier County, =:: �,� ; " Florida harmless against any 1tei�, claim or sort by `��'::gei�r; contractor, subcontractor, sub-subco�7tractor, �` ��, . supplier, mechanic, material�inan, or ls.borer, and aainstl���.te_I mortgages, security interests or repair of the subject drainage systetn�s) or pot-tioi�(s} thereof by ot• plural, as the context requires. . � ,. ;,,, a.���,b����i;f of t�wner. Affiant is used as siizgttlar �� �� �� z ��� ��..� �..� ?, The dt•ait�age systetn(s) or portions} thereof referred to l=i��i=ci;n � ire located within the real propet•ty described in the aitached exhibit "A". rvRT��R AF�IANT SA'a'E'�''I� N.A�J��IT. �. . � ��^ ��. ;- , :�-` =ti 1 ,��:. IJATBD this _____ day of t3wner�A%itant's Signature . Printed Dame of Affiant SVirQRN TU AND SUBSCRIBI✓l� before me by means of Cl physics! presence o�• Q online i�atarization, this day of , �0 , by �ria� Otte of Owner/Af�iai�t making statement, who is t� personally known or (� produced f identi Page 2 of 3 as identil�catiot�.. a i {Signature of N�ta'y Pubic) ��1�'�til►'1tit� �(r1111�'1� (To Printed or Ty� d I l Notary Public) Ptepared [Address u7no2 t ley: [name of x of person pre ng t1�is i�lstrument� Ming this instrument] OFF t Page � of 3 IF I IF 'T }' DR 6045 PG 1902 Form 5 -Rev. 2004 - (Attorneys Affidavit} STATE OF COUNTY OF i (e, B EFOR.E M E, the and � authority, an this ,� day of , 2fl�, personally appeared ire well known, and having been sworn upoiz oath, deposes and states:_ l . My name is � I ann over the age of twenty-one (21) years, ace otherwise sui funs, and have pe 2. 1 am a li censed attorney, Fl currently practicing law *soc,"al lcri, '�vledge ot'the facts assel•ted herein. 1A Ile T1 t�Y S authorized to practice law in Florida and am My Florida. 3. This Affidavit is given as an inducement to the BoaT Florida, to accept the dedication or conveyance of [ideri� r: , ,, portion's} thereof located within or upon the real property d` incorporated herein by reference, said land being located in Ca My business business busi tress telepho��e ma iling address is ��urnber is address is uizty Coini�c�issioners of Calker County, drainage facility drainage systems} 010 the attached Exhibit "A", which is nty, Florida. 4, The Aff ant has examined record title information to the unde��iy', gA.xl property and the drainage facilities being conveyed to the County referenced in this affidavit, M6.10ditig. �t:.not 11inflted to, information \ t•equested from the Florida Secretary of State relative to any Unifo Inx. ColmInercial Code financing L s tatem eats. ' 5. The record owner of the underlying real property described herein is (give foileganazne of owner as it appears in Title information; if owner is an entity, make reference to the laws oftt or jurisdiction under which entity was created and presently operates) (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book , at Page [insert official record boob and first page of instrument where owner acquired title], Public Records, Collier County, Florida. �INSTRUCT1tJN: if tl�e record owner is an entity, the Affiant must indicate that lie has examined corporate or partnership information obtained from the jurisdiction under which the entity was created and presently OR 6045 PG 1903 operates, that the entity is current and active within said State or jurisdiction, that the entity cs curi•entiy authorized to do .business in the State of Florida, and identify the exact name and title of the persons authorized to,..eke to the instruments on behalf of that entity in conjunction with the conveyance of the subject real `qond rsppai property. Pursuant to Section 699,071, Florida Statutes, IF the record owner is a trustee, 'the :,ffis-hall state that the Trustee has full power and authority to execute instruments of OII�conveyance .o#IFoff' the Trust and, if applicable, incorporate by reference and attach supporting documentation. 'he . Wrd owner is an individual, the A.ffiant must state the marital status represented to the Affiant by thed�td�ttal and, if rriay i red, state Nether the real property is or is not homestead property. If the draip alities being conveyed are located wholly within public right -of way, the Affidavit should state t gat fact.] b• 1"Itle to the subject disaiftAgq1§ ' Atem(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbere of record. 4' Nr OR Title to the drainage system(s) orb, ot•tion'* s) thereof and/or easements) being conveyed to the County is encumbered by the following instr F, I pts of`record. �; t ,% . t. Mortgage (or Assignment off',: tehow,aijo�,Pi•ofits) [describe only recorded instruments that impress a security interest against title to kWstgM(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list n ` ne : f thi A'tortgagee(s)l ,dated , and recorded at O.R. Book , Pagi t seq., Public Records of Collier County, 2. UCC-1 Financing Statement, recor•dd. Book, Page , Public Records of Collier County. . UCC-1 recorded vritl� FloridaSecretor ':t Tallahassee (Leon County), Florida at O.R, 3 y. Book a :."` /0 INSTRUCTION: The Affiant must list each ��vrt a e,` si"1iet of rents and profits, UCC I(s) or other � gg IF p ' ,. security instrument that impress a security interest that co�14d fi* t ivply affect conveyance of good title to the drainage.systern(s) or portion(s) thereof and/or easetneii )� inyI being conveyed to the County. if rnarketable.tide -to the drainage system(s) or portion(s) thereof d/o any easement(s) being conveyed is no ,by any such recorded instrument, the Affiant shall 'dam a %fie respective security insti urnent, including the bock and fin t Sage where the security instrument has bee orded. It is not necessary to pk attach a copy of any such document to the Affidavit, This Affidavit,"' so FIX each security interest that is listed In the +tJwner'4 4.s Affidavit, and mach such security interest r t�� lie subordiIF FF nated..Do not list a K ; . �lotice . of . oihiitien04 cenlent or PReserva�ion of %Mineral Rights, etc., beb& 64' :s ch instruments do not • • negatively affe000 wed, to ct marketable .title to the drainage system(s) or portion(s) tliereo I nd/or easement(s) being conveyed to the County, if all of the drainage facilities being conveyed to tl outs: re located in public right-of�way, do not list mortgages, etc., if they do not encumber after acquiitda that is located in public might -of way. Claims asserted under Chapter 713, Florida Statutes, ionust be ` raanserred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable ,to the, unty Attomey must be provided to the County before the County will grant preliminary acceptance of title to such foci lilies. 7. Affiant further states that the information contained in this Affidavit is true, correct and current as of the date this Affidavit is given. [I'NSTRUC'I'WIN : Unless the time period is extended by staff foi• good cause in the specif;c instance, per ordinance, the date of this Affidavit should mat be dated earlier than sixty (60) days prior to the submittal Page � of 3 of legal docwnents peI taining I ILOY conveyance to Cr�llier bounty, Engineeri�ag Services to consider' preliminaryacceiDtance of the subject drainage system(s) or Portion(s) thereof documents,] �LJRTH D�TD this :: I 1�ttorn+eylAffiant's Sid SAY�TH N'A�3GHT. day of , 20 S�OP.N TC.� AND SU�SCR1� thAs � day of n E`. 'efo"r, me by means of IV: IF D physical presence or C� online nata�•ization, CI perso atty known or C� produced �, .. , , , eof�dentif cation t•odi Si nature of NotaryPublic • { L IV:. m of Notary Public ' {Printed of Typed Name Y ) Prepared,by: �r�atne.�afpersot� preparing this instrument [Address of person prep -wring this instrument] o7t2o2 t Page 3 of 3 as ide��tification. •' .1M 0 •1 �+'oi•rn � -Rev, Zo0� (Utilities Facilities and/or Utilities Easemen�t(s) Subordiliation) e, bink space in upper right hand corner for recording purposes] CLeave 3" spac nP AT IV F. Ti`;e ` "' 1,iTTT;. Ai1Tl�/�0►Tt DRAINAGE EASEMENT(S) SUk3ClX2DIIrIAT`IO THIS SUBOR.IJINA name of the Secured Th F of the BC3ARD OF CO this day of , 20 , by [Insert the complete and correct - see Instruction No. 11 (Hereinafter referred to as flip."Secured Party"), in favoriV11SS1QNERS OF CQt,L1ER C(JUNTYI$ Ft,ORlL3A, its successors and assigns, {hereinafter c•efer��e� to as.",County"). as the context allows, �A. Secured Party as used l�ereirt includes singular or plural, 't HEREAS, the purpose of this Su a iJ t`dh,is to subordinate the Secured Party's Security Interests that p p , V? IF encumber good, marketable title to tie `tjI inbered Drainage Facilities and/or the related Drainage Easements) being conveyed to Collier the underlying real property that is enct speeif Jed in the below -listed security instr y,r��ch Drainage Facilities are located over, on and/or under er t.;; y� security Interests to favor of the Secured Party as i�I�EI�E.AS, the Secured Party is the otivnet• of Rents and Profits, UCC-I *, etc, J. recorded in Y Public Records of Collier County, Florida, (and rf PV rip recorded at O.R. Book, Page et seq., Public Recor [NCNB; *UCC•ls are usually subordinated by UCC-3s..i' County, insert the Book, Page and place (usually Tallah Ucc-31 of a [iVlor•tgage or Assignment cords Book ,Page , et seq,, Fzle], as amended by a s `o :ollier County, Florida.; and Ka G- _ t• UCC-3 is recorded outside of Collier ass e}, recordation of each such UCC4 or ;; 'V4�HEREAS, the Secured Party is also the owner and holder ofa.'� ,recorded at O.R. Book, Page _�, et seq,, Public Records of Collier Cpt�tl ``��" lorida, as amended by a recorded at O.R. Book, Page ___•_ et, seq,.,.,, Ub LI . Records of Collier County, FIt lorida; and r> v =, a. VHEREAS, each aboveimt•eferenced Security Instrument grants to this see.% , l ty.,a security interest that encumbers good and marketable title to the .Encumbered Drainage Facil`itieg-beingto Collier County, and/or encumbers the related Drainage Easement(s), if any, also bet ng, con to Collier County, which Drainage Facilities have been constructed within such easecnent(s) and are tangy er,; n and/or over the underlying real property* and ,.. 40 .. NHEREAS, prerequisite to the conveyance of the Drainage Facilities and/or related Drainage Easements, if any, being is to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Drainage Facilities being conveyed to the County and (it) each related Drainage Easet»ent(s), if any, being conveyed to the County; and the Secured Party is hereby Complying with said request for these subordination(s), THEREFORE, Nt�W, in consideration of TEN DOLLARS ($1 O.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Encumbered Drainage Facilities being conveyed to Collie• County, and/or to each Drainage Easernent(s), if any, being conveyed to the County, which encumbered Drainage Facilities are located over, on andlunder the described underlying real propetty, laxcept as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect,, 4,. IN wI'TNM AFREOF, the Secured Panty has caused this Subordination to be executed the date and yeas• #first a Prepared by: Insert r_-�co��rect witnoss and signature bock � see instructio�a No. 3� nam�an�i [NOTE: Upon request, Co o�IZQZ � wledgt�ent �.nd notary block -see instruct[o�� No. �� address of the i��dividual who prepared this Subordination taff;vvi•�i`� *�: F tot t to Quids examples of properly executed Subordinations�. '. to*,,'. too o Page 2 of 2 •' •ij 0•1 Exhibit tm •' 0!A 0��. •. project: t�ARCEL: folio No,: as "Grantar�'� to whose rnalling < Attorney, Suite DRAINAGE EASEMENT �NIENT, made and entered into this _,�_�,__ day of 20 , by , whose mailing address is , (hereinafter referred to COLLIER COUNTY, a political subdivision of the State of Florida, ress-4, is 3299 Tamiami Trail East, c/o the Office of the County Liap s, Florida 34112 thereinafter referred to as "Grantee"}. (t/vherever use: Jerefn.the terms "Grantor" and "Grantee" include all the parties fo thIs instrument any thefr;.. t`pective heirs, legal representatives, successors and assigns. Grantor and Graeeate used for singular or plural, as the context requires.} .,T N E S S E T H: Grantor, for and in conliidipltior-+ �� consideration paid by the Grt e'h aAll cknowleci ed hereby convey r - 9 Y Y perpetual, non-exclusive drainage ' , ? se drainage structures and facilities, irtcluc id berms, rip=rap and retaining wall syst water control structures over, under, u located in Collier County, Florida, to wit: TEN DOLLARS ($10.Oo} and other valuable receipt and sufficiency of which is hereby 'bargains and sells unto the Grantee, a ent to enter upon and to Install and maintain ynot limited to ditches, swales, earthen Si u_ Orground pipes, and various types of nd... cross the following described lands / ,e 4. See attached ExhiIDIlt-`1,'ivr incorporated hereint� , -refer Subject to easements, restrictions, acid THIS HOMESTEAD PROF is s of record. TO HAVE AND TO HOLD the same unto the Granteef, �t enter upon said land and to place and/or excavate mite` constructing, operating, and maintaining drainage facilities,,.hr includes the right to remove and use any and all excavated mit r 6I that Grantor has received fall compensation for all improvement easement area, Including, but not limited to, . The ease shall constitute an easement running with the land and shall burden above. :cat her with the right to f'-r the pur#aose of t�is easement 'fie � artier record IQda d within the me ranted herein e 1� ascribed I, rill IN WITNESSTNESS WHEREOF, the Grantor has caused these presents to be date and year fiat above written. WITNESSES: (Signature} rint Name} {Signature] {Print lame} WITNESSES: {PrintNirneI,: `4 op tt {Signature),;: :� STATE OF COUNTY OF The foregoing Drama a Eas�`i ph sisal resence or [� ortlirt�' Y P sr 20 , by ly known to me . r • • ' • identi#y. (affix notarial seal} ST�4TE O F cauNT�r of r�s acknowledged before me by rr�eans of Cj ri�art�on this day of , who: (Print N as proof of ry Public) #'ublic) Serial / Coany}:14. My Commission ire: °`+ 14. e The foregoing Drains a Easement was acknowledged before h s�cal presence or �] online notanzafion this da of 24 _ by ,who; is personally known to rrte OR �, produced as identity. (affix notarial seal) Signature of Notary Public) (Print Name of Notary Public) Seria! /Commission ## (if any): �a$t Revss�d: o�ra�r�e f prooof k*sic A 6045 PG 1910 *** Approved as to dorm and legali#y: Attorney Last �tevised: p5/26/18 My Cammissivn expires: r 14 -5111YYYGGGI !'�rL w �J p IMMOKALEE ROAD � __ �Op,O \MMo RANp LL BLVD �. r�. 4. 1 .._ .... .. .; oil... � •..�Q.�!..-. � �� '�) a I� � e: r' . mo _{—� . -24TH AVE NELV .I f P' I `•M o m esws �W ,a. I — LIMITS OF SUBJECTSITE DESIGNED BY DATE ■f■ THESE DRAHINCS ARE NOT REFERENCE N0. ORAVANC N0. � J.A.0 4/2D23 �� g5p Encore Way Naples, FL 34110 APPROVED FOR CONSTRUCTION ® I M M O KA L E E RA N DA L L °R" M S. K. °A� 4/2023 HM ONLESS SIGNED BELOW: 2023.025 2023.025 MST Phone: (239)254-2000 AERIAL LOCATION MAP ® CHECKED BY DATE Florida CeN �cber o'n2 orizatlon PROJECT N0. SHEEi N0. 0 CPU D H.M. 4/2023 HOLE MONTES Y&mholemontes.com 2023,040 of VERTICAL SCALE HORIZONTAL SCALE ENI�Eiilllti;$aii WCH�CI;IFW�iI5P 8�TFS DATE LETTER REVISIONS DATE I As Noted I. II. .. �i'V41 I to. Narrative Statement, LDC Evaluation Criteria & GMP Consistency Introduction The subject property is comprised of three parcels totaling �9.84 acres in size and located in Section 27, Township 48, Range 27, Collier County, Florida. The subject property is located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. The property is zoned Estates, allowing for low density residential development and limited agricultural activities. The site is within the Golden Gate Area Master Plan, Rural Golden Gate Estates. The land use designation is currently Estates — Mixed Use District, Residential Estates Subdistrict. There is a companion SSGMPA application. Two of the parcels are undeveloped. One parcel is currently owned by Collier County and is being used to provide stormwater management. The zoning and existing land uses on the surrounding lands is as follows: North: Across Immokalee Road., zoned Estates — ST/W-4, developed single-family residential estate lot and undeveloped. South: Zoned Estates — ST/W-3 & ST/W4, developed single-family residential estate lots. East: Across a canal, zoned Estates (Conditional Use) — ST/T4, North Collier Fire Rescue District Station 10, West: Zoned Estates — ST/W-3, undeveloped. The applicant intends to rezone the property from its current Estates zoning designation to a Commercial Planned Unit Development (CPUD) consistent with a companion Small -Scale Growth Management Plan Amendment (SSGMPA — PL20230002460) establishing a new subdistrict. The CPUD rezone and GMPA seek to allow for 125,000 square feet of gross leasable floor area (GLFA) of commercial uses of the C-3 — Commercial Intermediate District, of which up to 80,000 square feet of GLFA may consist of Indoor Air -Conditioned Mini and Self -Storage (SIC 4225)* History of Property A portion of the subject site (3.79 acres) is owned by Collier County and used. to provide stormwater management for Immokalee Road. This County parcel is known as Pond 8. The applicant, GM Advisors, LLC, owns a parcel to the east and south of Pond 8, that consists of 5.0 Acres and fronts a drainage discharge canal. The applicant has proposed to exchange the aforementioned parcel for Pond 8. The swap proposal was independently evaluated by Jacobs Engineering on behalf of Collier County. Several scenarios were evaluated to assess the potential impacts of the pond swap as proposed by the existing permit and standard practices. It was determined that the proposed swap of the County Pond 8, tract 36, unit 23 consisting of 3.79 Acres with GM Advisors, LLC Parcel, Tract 52, unit 23 consisting of 5.0 Acres is Page 1 of 7 H:\2023\2023025\WP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx very adequate. As well, Tract 52 has frontage along a major drainage canal which may be helpful in cases of severe weather conditions/ hurricanes. As part of the swap, the applicant has proposed to prepare final design plans, obtain the necessary permits to construct the future pond site and install the necessary piping (to the degree necessary, Collier County agrees to be the co -applicant for the permitting). Once the proposed drainage pond is relocated and functional, Collier County will deed the current pond site (the 3.79 acres pond site tract 36, unit 23) to GM Advisors, LLC with a fee simple deed/title. GM Advisors, LLC will simultaneously deed (the 5.0 acres Parcel Tract 52, unit 23) new pond site to Collier County with a fee simple deed/title. The remainder of the subject site is undeveloped. III. LDC Evaluation Criteria A. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed rezone is compatible with the existing land use pattern. The surrounding lands to the north, south, and west are designated Estates — Mixed Use District, Residential Estates Subdistrict. Lands to the east are designated Estates —Commercial District, Randall Boulevard Commercial Subdistrict. The zoning and existing land use on the surrounding lands is as follows: ■ North: Across Immokalee Road, zoned Estates — ST/W-4, developed single-family residential estate lot and undeveloped. ■ South: Zoned Estates — ST/W-3 & ST/W4, developed single-family residential estate lots. ■ East: Across a canal, zoned Estates (Conditional Use) — ST/W4, North Collier Fire Rescue District Station 10. ■ West: Zoned Estates — ST/W-3, undeveloped.. The subject property is within the Immokalee Rd. Randall Blvd. Study Area, which Collier County concluded to be an appropriate area for the commercial uses necessary to accommodate future growth within the Rural Golden Gate Estates. The property has frontage along Immokalee Road and is adjacent to non-residential uses and the Randall Boulevard Commercial Subdistrict to the east; and is approximately 807' south of the Immokalee Road/4th Street N.E. Mixed Use Subdistrict which allows for a variety of commercial, office and residential land uses. There will. be direct access to water, sewer, and other utilities, further establishing this site is well -suited for the addition of commercial uses. B. Adequacy of evidence of unified control and suitability of agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation Page 2 of 7 H:\2023\2023025\WP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx and maintenance of such areas and facilities that not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the County Attorney. The property is under the ownership of a single entity as evidenced by the ownership documents provided with the CPUD rezone application. Arrangements will be made for the continuing operation and maintenance of such facilities that are not provided or maintained at public expense through an association. C. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element 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.) Consistency with GGAIVIP: Rural Golden Gate Estates Sub -Element OBJECTIVE 1.1: Develop new or revised uses of land consistent with designations outlined on the Rural Golden Gate Estates Future Land Use Map and provision found in the Land Use Designation Description of this Sub -Element. The subject property is within the Immokalee Rd. Randall Blvd. Study Area, which Collier County concluded to be an appropriate area for the commercial uses necessary to accommodate future growth within the Rural Golden Gate Estates. The property has frontage along Immokalee Road and is adjacent to non-residential uses and the Randall Boulevard Commercial Subdistrict to the east. Architectural standards, and increased setback and perimeter buffering required in the Estates will ensure preservation of and compatibility with adjacent rural neighborhoods. GOAL 3: TO PRO VIDE FOR LIMITED COMMERCIAL SERVICES AND CONDITIONAL USES FOR PURPOSES OF SER VING THE R URAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESER VIING RURAL CHARACTER. Policy 3.2.1: Within one year of the completion of the Randall Blvd. and Oil Well Rd. Corridor Study, the County Manager or designee shall initiate an evaluation of the future land uses along Immokalee Rd in the vicinity of Randall Blvd., Oil Well Rd. and Wilson Blvd. (as generally shown on the Immokalee Rd./Randall Blvd. Planning Study Area Map) and make recommendations to the Board of County Commissioners for any proposed changes to the future land uses. The subject property is within the Collier County initiated Immol{alee Rd. Randall Blvd. Planning Study area, which consists of approximately 277 acres �9 miles east and ±8.5 miles north of I75. The purpose of this study was to evaluate existing and future conditions, and recommendations for the study area and establish guiding principles for the development of the area. The completed study concluded that this is an appropriate area for future commercial growth to serve the surrounding community Page 3 of 7 H:\2023\2023025\WP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx and recommended a mixed -use subdistrict to encourage a mix of retail, restaurant, office, medium density residential, and civic/public uses. The subject property is not large enough to support mixed -use development, as commercial development within the estates requires increased setbacks and buffer areas when adjacent to Estates zoned parcels; however, the proposed subdistrict will provide the commercial goods and services needed to support the increasing density in the surrounding area. The proposed subdistrict will also result in creating a walkable, commercial destination via a connection to the existing pedestrian facilities along Immokalee Road. The property is within walking distance (approximately half a mile west) of the southwestern corner of Valencia Lakes, a nearby residential subdivision. Consistency with GMP Future Land Use Element Policy 5.5: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by: confining urban intensity development to areas designated as Urban... The subject property is within the Immokalee Rd. Randall Blvd. Study Area, which Collier County concluded to be an appropriate area for the commercial uses necessary to accommodate future growth within the Rural Golden Gate Estates. The property has frontage along Immokalee Road and is adjacent to non-residential uses and the Randall Boulevard Commercial Subdistrict to the east; and is approximately 807' south of the Immokalee Road/4th Street N.E. Mixed Use Subdistrict which allows for a variety of commercial, office and residential land uses. As a result, the proposed amendment is consistent with this policy in that it reduces urban sprawl and contains commercial uses in a semi -rural area to a location that is adjacent to existing commercial development. 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). The proposed uses are compatible with and complementary to the surrounding land uses, which include a North Collier Fire Rescue District Station, commercial uses, and large lot residential development. Development standards and perimeter buffers proposed within the CPUD will ensure compatibility with neighboring properties. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fi°onting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. In accordance with this policy, access is proposed via a connection to Immokalee Road, a minor arterial roadway. Page 4 of 7 H:\2023\2023025\WP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx 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 subject site will utilize internal accesses and will connect to Immolcalee Road, a minor arterial roadway. Policy 7:3: All new and existing developments shall be encouraged to connect their local streets and/or interconnection points with adjoining neighborhoods or other developments regardless of land use type. The interconnection of local streets between developments is also addressed in Policy 9.3 of the Transportation Element. The subject site will utilize internal accesses and will connect to Immokalee Road, a minor arterial roadway. The property does not have frontage on local streets. The parcels to the south are developed with single-family residential and there is a canal along the eastern perimeter, making interconnection unfeasible. Conservation and Coastal Management Element Policy 6.1.1: For the County's Urban Designated Area, Estates Designated Area, Conservation Designated Area, and Agricultural/Rural Mixed Use District, Rural - Industrial District and Rural -Settlement Area District as designated on the FL UM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria... Non -Coastal Hi h Hazard Area Commercial and Industrial Development Equal to or greater than 5 acres. 15% There are approximately 5.86 acres of native vegetation present on the site. In accordance with this policy, the project will retain approximately 0.88 acres of existing native vegetation There will be a 50' wide native vegetation retention area along the southern perimeter and a 25' wide native vegetation retention area along the western perimeter. OBJECTIVE 7.1: Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A- 27.003, 68A-27.004, and 68A-27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in SO CFR 17.) According to the Listed Species assessment provided with this GMPA, there is no evidence or indication that the site is being utilized by any listed species. The 50' wide Page 5 of 7 H:\2023\2023025\wP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx native vegetation retention area along the southern perimeter and a 25 wide native vegetation retention area along the western perimeter will ensure that suitable habitat will be present on site to direct wildlife from the proposed land uses. Transportation Element Policy 9.3: The County shall encourage projects which provide local resident, pedestrian, bicyclist and motorist movement between and among developments on neighborhood streets in a deliberate balance with its efforts to route cut -through traffic away from neighborhoods and to the arterials and collectors designated in this Transportation Element of the Collier County Growth Management Plan. The subject site will utilize internal accesses and will connect to Immokalee Road, a minor arterial roadway. The property does not have frontage on local streets. The parcels to the south are developed with single-family residential and there is a canal along the eastern perimeter, making interconnection unfeasible. The Master Plan aRows for an interconnection to the west, if the property is developed with non- residential uses. An internal system of sidewalks will be utilized to facilitate pedestrian and bicycle movement. This system will connect to the existing sidewalk along Immokalee Road. 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 property is currently zoned Estates and abuts properties that allow for various residential uses, a North Collier Fire Rescue District Station (within the Randall Boulevard Commercial Subdistrict), and Immolcalee Road. To the north of the project, there is commercial development (shopping center) within the Orange Tree MPUD and additional PUDs that permit commercial uses (Randall Curve MPUD; BCHD I CPUD). The proposed uses are compatible with the existing zoning and the surrounding properties and will provide for adequate screening and buffering from the adjacent properties. Increased setbacks where the project is adjacent to residential development is proposed to further ensure compatibility with adjacent uses. E. The adequacy of usable open space areas in existence and as development. The proposed CPUD will provide adequate usable open space. proposed to serve the F. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The County charges impact fees (or similar fees) to ensure that there is funding to make any necessary capacity improvements related. to sewer and water services, roads, public schools, government buildings including jails, regional and community parks, EMS, Page 6 of 7 H:\2023\2023025\WP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx libraries, and law enforcement. The developer will be responsible for the cost of any site -related improvements, including but not limited to access improvements and conveyance -related improvements to the water and/or sewer distribution system. There will be a requirement to demonstrate "concurrency" at the time of future subdivision plats or Site Development Plan(s) for this project. (The concurrency process ensures that the County has the capacity for Category "A" public facilities and services at the time that prof ect related impacts will affect (require) such services and facilities.) Category A public facilities are facilities which appear in the various elements of the Collier County GMP, including arterial and collector roads, surface water management systems, potable water systems, sanitary sewer systems, solid waste disposal facilities, and parks and recreation facilities. G. The ability of the subject property and of surrounding areas to accommodate expansion. There are no issues that would limit the ability surrounding areas to accommodate this project. of the subject property or the 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 CPUD conforms to the LDC regulations, or contains deviations there from, where appropriate. Page 7 of 7 H:\2023\2023025\wP\PUDZ\Resubmital\Narrative and Evaluation Criteria (rev 7-25-2023).docx 10.02.08.F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and accommodations of the Planning Commission to the Board of County Commissioners required in LDC section 10.02.08.E shall show that the Planning Commission has studied and considered the proposed change in relation to the following findings, when applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the Growth Management Plan. The proposed change is consistent with the Future Land Use Element (FLUE) goals, objectives, and policies; and the Future Land Use Map (FLUM), and the goals, objectives, and policies as applicable, of the Growth Management Plan. There is a concurrent application to create the Immokalee Randall Commercial Subdistrict, 2. The existing land uses pattern. The proposed rezone is compatible with the existing land. use pattern. The surrounding lands to the north, south, and west are designated Estates — Mixed Use District, Residential Estates Subdistrict. Lands to the east are designated Estates — Commercial District, Randall Boulevard Commercial Subdistrict. The zoning and existing land use on the surrounding lands is as follows: ■ North: Across Immokalee Road, zoned Estates, developed single-family residential estate lot and undeveloped. ■ South: Zoned Estates, developed single-family residential estate lots. ■ East: Across a canal, zoned Estates (Conditional Use), North Collier Fire Rescue District Station 10. ■ West: Zoned Estates, undeveloped. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. This rezoning will not create an isolated district unrelated to adjacent and. nearby districts. 4. Whether existing district boundaries conditions in the neighborhood. Existing boundaries were not illogically neighborhood. are illogically drawn in relation to existing drawn in relation to existing conditions in the 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Page 1 of 4 H:\2023\2023025\WP\PUDZ\Rezone Criteria (4-28-2023).docx Changing conditions do not make the passage of the proposed amendment necessary; however changing conditions do make the proposed amendment desirable and appropriate. The population in the area is expected to grow and the commercial supply will need to be increased to meet the demand. This property is appropriate for the conversion to allow for commercial uses. The subject property is within the Collier County initiated Immokalee Rd. Randall Blvd. Planning Study area, which consists of approximately 277 acres ±9 miles east and ±8.5 miles north of I75. The purpose of this study was to evaluate existing and future conditions, and recommendations for the study area and establish guiding principles for the development of the area. The completed study concluded that this is an appropriate area for future commercial growth to serve the surrounding community. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions in the neighborhood.. The development standards proposed ensure compatibility with neighboring properties. 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 change will not create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses or otherwise affect public safety. Whether the proposed change will create a drainage problem. The site will be designed. to problems will be created. meet all County and SFTMD requirements. No drainage Whether the proposed change will seriously reduce light and air to adjacent areas. Development standards and perimeter landscape buffers assure the proposed change will not seriously reduce light and air to adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent The proposed change will not adversely affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Page 2 of 4 H:\2023\2023025\WP\PUDZ\Rezone Criteria (4-28-2023).docx 12. Whether the proposed change will constitute a grant individual owner as contrasted with the public welfare. of special privilege to an The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in acc with existing zoning. ordance The existing zoning does not allow for the proposed commercial uses, which are necessary to support the increasing population in the surrounding area. The Collier County initiated Immokalee Rd. Randall Blvd. Planning Study concluded that this is an appropriate area for future commercial growth to serve the surrounding community. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. The change suggested is not out of scale with the needs of the neighborhood. or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. It is not impossible to find other adequate sites in the county for the proposed use in districts already permitting such use; however, the proposed amendment will allow for commercial uses in an area deemed appropriate for such uses by Collier County staff. 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 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 is typical of and not different from any other similar development 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 is 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, to serve the project. -I:\2023\2023 025\WP\PUDZ\R Page 3 of 4 ezone Criteria (4-28-2023).docx 18. Such other factors, standards, or criteria that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined by the BCC. H:\2023\2023025\WP\PUDZ\Rezone Criteria (4-28-2023).docx HILIAH zmi M1,1100 I '1111,WMI DEVIATIONS AND JUSTIFICATIONS 1. Deviation 1 (Buffer Requirements) seeks relief from LDC Section 4.00.02- Buffer Requirements, Table 2.4, Footnote 3, which states that "Buffer areas between commercial within a shopping center, Business Park, or similar commercial development outparcels located w may have a shared [Type A] buffer 15 feet wide with abutting property contributing 7.5 feet" to instead allow a 546ot-wide Type A buffer. 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 result in a negative impact on the surrounding area. 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SAA001 I IlpllBr firtRFY THAT llf5 adRAARY SURTeY aF 1HE HEREON OCSCR6E0 PROPOttt wAs SiRtvEVED UNOEII YY ItESPaI191atL cNARaE aN m/ot/u TNROUOI m/z7/u 11a5 SIRtKr YEE15 THE STANOAROS OF PRACTkE SET FDRTN tY 11E F1.OIIWA ROARO OF PROiESSIGNN. I,NID SURTErORS N CNAPIER Sl-17.mi-.m], f.A.G ►IMSUANT TO SEC110N 172027 i1dtDA STAIUIES Stephen �:��x�5�,o_4,� 'S�evepn. k,c_rndtephe� Rr�KnabdxrtyyhNslKnet Berry a�,,:���nT.t9tli7t,A1�, SR7fIO1 G /EIMIY, STALE OF r101110A, (LS F32aa) BYtS 9URVCMRS NG (La. ItO.1T) RENSEO Ig1E 4 07/ta/IOt3 �a Mj IMMOKALEE RD. PARCELS FOLIO #37742840009, 37744000009, AND 3774396001 NAPLES, FL 34120 PREPARED BY: ASSOCIATES, INC. Marine &Environmental Consulting PHoINrE: 239r643-01 00 tiUWV1T.THAINAPLES.COM Table ontents 1 Introduction.......................................................................................................................................1 2 Site Description.................................................................................................................................2 2.1 Vegetation Associations................................................................................ ........................... 2 2.2 Soils.............................................................................................................................................3 2.3 Hydrologic Indicators...............................................................................................................4 3 Photos.................................................................................................................................................. 5 4 Wildlife............................................................................................................................................... 9 5 Jurisdictional Wetlands.................................................................................................................10 6 Permitting.........................................................................................................................................11 7 Conclusion........................................................................................................................................12 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio 43774284000), 37744000009, and 3774396001) March 2022 Terrell, Hall &associates, Inc. (THA) has conducted a preliminary wetland assessment at 3 non - addressed parcels off Immokalee Rd. in Naples, FL 34120 within Section 27, Township 48 S, and Range 27 E in Collier County. The parcels can be identified by folio #37742840009, 37744000009, and 3774396001 and are collectively approximately 11.68 acres in size. The goals of the assessment were: • To map and identify existing vegetative communities on the property • To estimate the extent of state and federal jurisdictional wetlands • To research the presence or absence of state and federal listed species • To assess the environmental permitting requirements for construction of residential development This report documents the findings of the assessment in order to establish a wetland boundary (if present) based on criteria used by the Florida Department of Environmental Protection (FDEP) in Chapter 62-340, F.A.C. This evaluation did not include a Phase I Environmental Site Assessment that maybe necessary for the reduction of liability for hazardous materials under the provisions of Federal Comprehensive Environmental Response, Compensation and Liability Act. This assessment did not research or consider zoning, deed restrictions, easements, or other encumbrances that might be present and could affect the development of the property. This assessment was limited to the environmental factors only and is presented solely to assist with the planning process. 1 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744 000009, and 3774396001) March 2022 This project site is composed of 2 distinct vegetative communities: a "Pine Flatwoods" habitat, which is an upland community, and a non-hydric Cypress -Pine -Cabbage Palm community, which is also an upland community. Soils within the site are mapped by the USDA as being comprised of 2 types of soil: "Immokalee fine sand which is not a hydric soil, and "Holopaw fine sand" which is a hydric soil. Soil plugs taken on -site did not appear hydric. Hydrologic indicators were not observed anywhere on site. The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual was used to classify all of the vegetative communities occurring within the site boundaries. The attached FLUCFCS exhibit shows the subject property, its vegetative cover, and depicts the approximate limits of the wetland and upland areas. A general description is provided below in Table 1 along with any site -specific nuances that may be relevant to the assessment. Table 1: FLUCFCS codes and description of community types found within the project site FLUCFCS Code Description Acres Jurisdictional Wetlands 411 Pine Flatwood 9.79 No 530 Reservoirs 1.32 Yes 624 Cypress - Pine - Cabbage Palm (Non-Hydrlc) 0.22 No 740 Disturbed Land 0.16 No 814 Roads and Highways 0.19 No Total: 11.68 Pine Flatwood Vegetative communities in Florida designated as Pine Flatwoods typically occur in such a way that the canopy is dominated by longleaf or slash pine while the substrata is composed of a variety of upland species such as saw palmetto or American beautyberry. Within the Pine flatwoods community on this site, the canopy is composed primarily of slash pine while cabbage palms are common associates. The substrata of the Pine Flatwood community on this site are composed mainly of additional cabbage palms, saw palmetto, and muscadine grape vines. A list of observed species within the Pine Flatwoods community on the site can be seen below in Table 2. Table 2: Observed vegetation within the Pine Flatwood habitat on site. Common Name Scientific Name Strata/ Substrata Wetland Designation Est. Coverage Slash pine Pinus elliottii C, M, G UPL 70 Cabbage palm Sabal palmetto C, G FAC 40 Cypress Taxodium distichum C OBL 1 2 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March 2022 Brazilian pepper Schinus terebinthifolia C, M, G FAC 3 Saw palmetto Serrenoa repens G UPI, 30 American beautyberry Callicarpa americana G UPL 3 Earleaf acacia Acacia auriculiformis C, M, G FAC 1 Muscadine grape Vi tis rotundi folio G, V FAC 20 Rusty Staggerbush Lyonia ferruginea G UPI, 5 Swamp fern Telmatoblechnum serrulatum G FACW 1 Cocoplum Chrysobalanus icaco G FACW 1 C =Canopy M =Mid -story G =Groundcover V =Vine OBL - Obligate Wetland FACW = Facultative Wetland FAC = Facultative FACU = Facultative Upland UPI, = Upland Cypress -Pine -Cabbage Palm Vegetative communities in Florida designated as Cypress - defined by Pine -Cabbage Palm are typically a mixture of the three namesake species where no single species has attained complete dominance. The canopy of the Cypress - Pine - Cabbage Palm community on this site is characteristically comprised of slash pine, cypress, and cabbage palm, while the groundcover consists of saw palmetto, Brazilian pepper, muscadine grape vines, and minorly of swamp fern. A list of observed species of vegetation within the Cypress - Pine - Cabbage Palm community on this site can be seen below in Table 3. Table 3: Observed vegetation within the Cypress -Pine -Cabbage Palm community on site. Common Name Scientific Name Strata/ Substrata Wetland Designation Est. Coverage Cypress Taxodium distichum C OBL 25 Cabbage palm Sabal palmetto C, G FAC 25 Slash p ine Pinus elliottii C, M, G UPI, 15 Laurel oak Quercus laurifolia 5 Brazilian pepper Schinus terebinthifolia C, M, G FAC 20 Saw palmetto Serrenoa repens 10 Muscadine grape Vi tis rotundi folic G, V FAC 5 Swamp fern Telmatoblechnum serrulatum G FACW 3 C =Canopy M =Mid -story G =Groundcover V =Vine OBL -Obligate Wetland FACW =Facultative Wetland FAC =Facultative FACU = Facultative Upland UPI, = Upland Soils According to the United States Department of Agriculture (USDA), there are 2 types of soil mapped as comprising the entirety of the subject property: "Immokalee fine sand", which is not a hydric soil, and "Holopaw fine sand" which is a hydric soil. Soil plugs taken on -site did not appear hydric anywhere within the three parcels surveyed. It is likely that the canal to the east of 3 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March 2022 the subject properties has drained the sites to a point where the soils are no longer hydric (if they ever were). �-Iydrologic indicators were not observed anywhere on the subject properties. Additionally, the site also exhibited several indicators of a lack of hydrology —most notably the over -growth of vines growing along the ground. In some locations, the vines have "buried" all underlying vegetation. Also notable on the site were 2 apparent gopher tortoise burrows. Though burrows can occasionally be found in more wet areas, they are most often found in dry upland areas. The volume of leaf litter on the ground is also not consistent with wetland habitat. These factors, in addition to the canal to the east, and the almost entirely upland vegetation found throughout the 3 parcels indicates that none of the three sites contain functioning wetlands. tlka FT 'ea"Fix FOR 4 1 Is IF WW FT via IF SIR p 0 Ft. �ij� ,1 F, �AIR RIM so I Is } . t t atYa �, 3 N f/'rI*i�401 t , '� 1_ 14 IF 0 at 0 too or NO 40 t4 la It. v gaming, to go; LIWU gets IF 0 eggs ot sit For a Fail I It*, J ry j r 1 OF`� %1 Jr I Jim I `7J .ae , .a ►_ ;}�= 1. '. — _ .j ,' --. / .r t " 1 It ,1 .+ ":VINg 1 FT FT AIR so Or an Fr + , - - ,-" v,,, AT 7 Fir 4 TRIP Re as' I Iff Fit to R" Fit a rKist ';?I. / . r,(rt Ct - - � a> , Yam. I Re Its, I Rim Imo ve r. � � I[` i:�, > _ r•. 1. �+f .i.— it LP `j_ ♦ , ON IIFI {,! .•.-}` + ply+ �. of ;L0 IF + i e- Re,�- t'��ror IF•�»•�>• vRk Wr o .. :•}`,~' - IF IF IF ee a: OIL stor. 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'tl • f+ 1, za • r �.�,,,� AL Not ft me to 4 go a VW40 to a I IT etc %ame Ito comme me • 1t2 7ii _ .y ,.t ,�\ .� , AI Aw Amiga 0 am Am I\ 0 it if Also ��•sho Ole lot A .To'c Lw POP • 1 �'' '. 1� ` 1: jVe 4 ad R\ .:e — • - `tom: Aso ea is N A go 06 wee, Or I IMP It me to go r - . \It r t T WIN` It ow OF Va. all code 4 coastal at • r PV �:: . - e I Aso IMF ffyL�- K•i�1 � 'v Ail ' 4'.i. :i% L _ • �• �� _ a II, am to r S xto 1 re co:gro API ease p A+ r* t1i do, f.- t. s Well; dr Ir - ' , N cif } f T . ! t o .iL'� �! . �'• I' 0 coalA coal to I yap" its ces .�,, _ f, T,t ` -R,�►� ism S •a : z� - y .v+�_. it IV •s"''i ^� •f ' �e� r �� .�ti:: •.•(. Tiny"to a y ,sell q All r� rF th ` r _ 1, �.le air I y+ .1=! '�I,+o i t- . i. ;N ti,, t ti •f r E� `s A to �1 1�' y�` t' to i. r`'of �! \++ r •1 �t !44 F, isIla Or 0 to i y to V `• n " e { I � ;• r' '' %A � ++I4�t" `ma `� i , h. to a as 1 e 7r�+ ot A �lI �� `dd via go to � • t' s c tiff 44%, let cosmic t mot.+ 1 �\ N/ com e 4 1 Aso al, Vale No ml� all OF IN be kit a dialect w ON em I� +i t„ ,/a`I toi /r ` All�1 Ato '+ ga - t '' amf! IV L V Lac de co iihoop 4 VI go I Ole goome t .t iti• (' r '..►. } t .t_ 4 i. -� t�l _ rr,irr / 1 ,4►0 p � _ w . Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, J//44000009, and 3774396001) March 2022 Photo 5: Gopher tortoise burrow found just off of the property,lil<e1y indicative of dry conditions. Photo 6: Vines seen covering the ground, indicative of a lack of hydrology 7 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March 2022 �' - - -__... -�'- T- --:irz--- -..r am -`c.+. ;n _ ..i�',.�r• -r'+`-r �4r.�� '. i T. ._ _. .�� � •;` ♦ a For OF Fir or 0.5OF Ad A Ib 6 It qw ' OF Flo 04 OF if OF OF OFF. fOFFr �3i + r +G a -� :f . ^fi%*. X. T lid., a"' 1OF iF owl OF p / i .�, !� - ,r� .-• .JL 1`';ity^`ili.-yr.,.,�• NJ► -V.5` t L !� -- jP f'"'♦'JV ~•� ti OF (I Fly �►, Photo 7: Soil plug taken on site. Photo 8: Cross section of plug seen in Photo 7, taken at 6" depth. Note the lack in contrast of color, characteristic of a lack of stripping within the soil's matrix. Immokalee Rd. Parcels (Folio #3774284 Wetland Site Assessment Report 0009, 37744000009, and 3774396001) March 2022 Endangered Wildlife Species is defined as any species of fish or wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat; over~ utillzation for commercial, sporting, scientific or educational purposes; disease; predation; inadequacy of regulatory mechanisms; or other natural or manmade factors affecting its continued existence (FS 372.072). Threatened species include any species of fish or wildlife naturally occurring in Florida which may not be in immediate danger of extinction, but which exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification of its environment. Species of Special Concern are animals that: 1) Have a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained, 2) Data are limited or lacking, 3) May occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree, 4) Has not sufficiently recovered from a past population depletion. Taking into account the location and condition of the property, and conversations with state and federal agency personnel, listed wildlife species that could potentially be found on or around the site include: Common Name Florida panther Florida bonneted bat Eastern indigo snake Red cockaded woodpecker Gopher tortoise ientific ScName Puma concolor cord mops floridanus Eu Drymarchon couperi Leuconototiicus borealis herus bolybhemus Status E T E T During the course of the wetland assessment on site, no listed species nor signs thereof were observed with the exception of a single apparently abandoned gopher tortoise burrow on the northeastern parcel, and a second potentially occupied burrow on an adjacent parcel, near the property boundary. It is important to note that although 2 burrows were observed, a tortoise burrow survey was not specifically completed. These burrows were simply noted during the wetland assessment field work and the count provided is not representative of the total burrow count on site. Furthermore, a full blown Threatened and Endangered Species survey was also not done (and may not be required). Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March 2022 The wetlands definition in Chapter 62-340(19), F.A.C. states that wetlands are those areas "inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils." The methodology used to delineate a wetland boundary as described in Chapter 62-340, F.A.C. uses a series of tests in order to determine the presence of a wetland. On a significant portion of this site, this definition was met. In order to be considered a wetland per the definition referenced above, a property must have two of three of the following characteristics: hydrophytic vegetation, hydric soils, and hydrologic indicators. Within the Pine Flatwoods community on -site, vegetation is hydrologic indicators were observed, and soils did not appear not meet the definition of a jurisdictional wetland. primarily upland in nature, no hydric. This area therefore does Within the Cypress -Pine -Cabbage Palm community on -site, vegetation may be considered hydrophytic. Though soils did not appear hydric and no hydrologic indicators were observed either. This area therefore also does not meet the definition of a jurisdictional wetland. During the scope of this report, the "Disturbed", "Roads and Highways", and the "Reservoirs" areas were not analyzed. The "Disturbed" and "Roads and Highways" are assumed to be uplands. And the "reservoirs" area is assumed to be a wetland. 10 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March 2022 It is the opinion of TPIA that no portion of the subject properties (barring the "Reservoirs" area) appears to meet the definition of a jurisdictional wetland per Chapter 62-340 F.A.C. Accordingly, it is not expected that any kind of Environmental Resource Permit or 404 permit for wetland impacts will be required to move forward with development of these properties. If the local building department requires proof that the project sites do not consist of wetlands, then this proof can be obtained from the FDEP or South Florida Water Management District (SFWMD) by requesting a verification of exemption from needing permits. This process typically takes around 30 days to obtain and involves a site visit by a representative of either the FDEP or SFWMD. If the area is confirmed as not consisting of wetlands, then no further wetland permitting will be required at the state or federal levels, and mitigation will not needed. If the representative disagrees with this assessment, and permitting for wetland impacts is required, this process can take up to 9 to 12 months to complete and will require mitigation to offset impacts to jurisdictional wetlands. The regulating agencies will also coordinate with wildlife agencies such as the U.S. Fish and Wildlife Service (USFWS) regarding listed species which can include but are not limited to the red cockaded woodpecker, Florida panther, the Florida bonneted bat, various wading birds and other species. There is a public notice associated with this permit process which allows the public, adjacent owners, and other government agencies an opportunity to review the project and provide comments. Once any comments have been addressed and the mitigation paid, a permit can be issued. 11 Wetland Site Assessment Report Immokalee Rd. Parcels (Folio #37742840009, 37744000009, and 3774396001) March. 2022 Based on the wetlands definition in Chapter 62-340(19), F.A.C., it is the opinion of THA that no portion of this site meets the definition of a jurisdictional wetland (with the exception of the canal to the east) and permits from the FDEP or SFWMD should not be required to move forward with development. If verification of exemption from needing a state permit is required in order to obtain a local building permit, this can typically be obtained in approximately 30 days. 12 Finai1: tuna@thanaplcs.com EVERGLADES KEY WEST "°'rW CITY COLLIER COUNTY SITE ADDRESS: <> FOLIOS: 37743960001, 37744000009, 37742840009 NAPLES, FL 34120 <> LATITUDE: <> LONGITUDE N 26.274522 W-81.601645 MI. NOTES: <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES C AND ARE NOT INTENDED FOR CONSTRUCTION USE. Turrell, Hall &Associates, Inc, Marine &Environmental Consulting Exchange Ave. Naples, FL 34104-3732 Phone: (239) 64M 166 Fax: (239) 643-6632 DESIGNED: S AA � E F-I ASSESSMENT CREATEDY J08 NO.'. LOCATION MAP SHEET NO. RY NO. 5875 THEE PRAWNGS ARE FOR PERNITTWG pURPo;Es ONLY AND ARE NOT INTENDED FaR CONSE.aTRUc710N U SECTION-27 TOWNSHIP- 48S RANGE-27E PA CIA �,,, ,MN10�. ►� _V.VVrP... - - r .__. - ■. �. PC C PlIpa PAC A {! Cup loft -16 C r +e�''. 411 r, 411Alm, 4 -� r . . 40 10 low t 0 POTENTIALLY OCCUPIED GOPHER TORTOISE BURROW IdIll %?C ABANDONED GOPHER TORTOISE BURROW M px00 Colombo 't - Ay I Cap 66 CC PINE FLATWOODS wwrl .9 CABBAGE PALM :'L. CYPRESS� PINE I or- •wl $, s $a.. ��;` 1 DISTURBED 1 1 • I e r 1 f ROADS 1 • 41 lop _ �4 iiiTTT 'a- f <4 d CZ r rUPLAND Om3r, LAll IV WETLAND (ACRES), 3—�A a r a �• * '�` fY. �.. •% ':• ` •�.` PROJECT (ACRES), . 64I It .r� 1111 1 i I 111 11 I ilik Ti I WTI I raw] GM ADVISORS LLC IMMOKALEE RD. PARCELS NAPLES, FL 34120 FOLIO #37743960001, 37744000009, AND 37742840009 PREPARED BY: VAN 0 ASSOCIATES, INC. 1Vlarine & Envii onmental Consulting I'HOINTE:239-643-0166 VVVI�W.THAINIAPLES.CaM 1 Introduction.......................................................................................................................................1 2 Existing Conditions and Project Description.............................................................................. 2 3 Methodolon j......0............00.000.....0.91...............f...0.0........0...............0....0.......0........•............................... 3 4 Data &Results................................................................................................................................... 4 5 Discussion.......................................................................................................................................... 6 6 Conclusion........................................................................................................................................10 7 Photos................................................................................................................................................11 Immokalee Rd. Parcels Listed Species Assessment August 2022 �• 1 Terrell, Ha11 &Associates, Inc. (THA) has performed a listed species assessment on 4 vacant lots located just off of Immokalee Rd. in Naples, Florida. The properties are bordered to the south by single-family residences, to the north and west by vacant residential lots, and to the east by a man-made canal, across which is a Fire Department station and an additional vacant lot. The sites are located within Section 27, Township 48 S, and Range 27 E in Collier County. The parcels can be identified by folio #37743960001, 37744000009, and 37742840009 and are collectively 15.46 acres in size. The sites can be found at coordinates N 26°16'32.5611, W-81°367.31" or N 26.275712, W-81.602031. This listed species Management Distri assessment was conducted at the request of the South Florida Water is ct (USAGE), the Florida Fish and Wildlife Conservation r use by any regulating agenci Commission (FWC), the U.S. Fish and Wildlife Service (USFWS), or the Collier County building departrnent. This document addresses state and federally listed species that may be associated with the proposed project lands and the effect, or lack thereof, of this project on these species. The species at issue include: • Florida bonneted bat (FBB) (Eumops glaucinus floridanus) • Red -cockaded woodpecker (RCW) (Picoides borealis) • Big Cypress fox squirrel (Sciurus niger avicennia) • Eastern indigo snake (Drymarchon couperi) • Gopher tortoise (Gopherus Polyphemus) • Florida panther (Puma concolor corgi) The result of the analysis in this document is a determination that the development activities proposed are not likely to adversely affect any of the above listed species. The reasoning behind this conclusion is further discussed in the Discussion below (Section 5). This document is based on information compiled from the South Florida Multi -Species Recovery Plan ("SFMSRP"), Statewide Programmatic Biological Opinions, wildlife surveys, field inspections, and other sources of information. 1 Immokalee Rd. Parcels Listed Species Assessment August 2022 At present, the subject properties consist predominantly of approximately 9.79 acres of Pine Flatwood habitat and 3.23 acres of a man-made stormwater retention area. The remainder of space consists of 0.74 acres of roads and highways, 0.17 acres of disturbed land, 1.32 acres of canals or "reservoirs", and 0.22 acres of Cypress - Pine - Cabbage Palm habitat. Undisturbed areas within the subject properties can be categorized by just 2 habitat types: Pine Flatwoods, and Cypress -Pine -Cabbage Palm. Within the Pine Flatwood on this site, canopy coverage consists predominantly of slash pine while occasional cypress and cabbage palms are also present, but i wn notably lesser abundance. Midstory and groundcover are sparse and comprised predominantly palmetto, American beautyberry, and muscadine grape vines. of cabbage palm, saw Within the Cypress -Pine -Cabbage Palm, canopy coverage is predominantly of cypress trees, while slash pine, cabbage palm, Brazili wan pepper, and laurel oaks are common associates. Mid story and groundcover are largely comprised of Brazilian pepper, swamp fern, and saw palmetto. The proposed project entails clearing of the remaining wooded lots (approximately 10.17 acres), creating a new stormwater retention area on the southern parcel, and relocating the outfall structures from the existing to the new stormwater retention area. The parcel containing the new stormwater retention area would be deeded to Collier County, while the remaining parcels would be developed in some fashion. For the sake of this report, the determined future use is unknown at this time. While the vegetative communities on site are not suitable for many listed species, they can potentially serve as habitat for the Florida bonneted bat (FBB, Eumops floridanus), Red cockaded woodpecker (RCW., Leuconotopicus borealis), Big Cypress fox squirrel (Sciurus niger avicennia), Eastern indigo snake (Drymarchon coupe��i), Gopher tortoise (Gopherus Polyphemus), and Florida panther (Puma concolor corgi). Existing conditions at the sites and other material facts such as overall hydrology or development within the vicinity may still preclude the site as potential habitat. Analyses of the likelihood or potential of encountering each species listed above is further discussed in the Discussion section below (Section 5). 2 Immokalee Rd. Parcels Listed Species Assessment August 2022 Prior to conducting any wildlife survey or assessment, careful consideration is given to the habitat types) in question and species which are known to utilize such areas. Thus, before any survey is carried out, a number of publications and references are consulted. These include but are not limited to: The Official Lists of Florida's Endangered Species, Threatened Species and Species of Special Concern, dated December 2018, Florida Fish and Wildlife Conservation Commission (FWC) Wildlife Methodology Guidelines, U.S. Fish and Wildlife Service South Florida Listed Species Profiles and Conservation Areas, and the Florida Natural Areas Inventory (FNAI) for Collier County. The basic objective of any preliminary wildlife assessment is to obtain evidence that a listed species is utilizing the subject site. However, due to the elusive nature of many listed species, direct observation or locating evidence can often be difficult or not possible. Therefore, if no li disted species or evidence is observed, the objective is to determine the likelihood that a listed species may be utilizing the site, and whether the proposed activity is likely to impact that species. The site may be comprised of primary or secondary feeding, foraging, or nesting zones or merely be adjacent to those sites for a particular listed species. As many species of concern in Florida are cryptic or camouflaged and nocturnal or crepuscular, patience and sufficient time must be devoted to the survey. Prior to arriving on -site, aerial and FLUCCS mapping are consulted and a system of meandering transects are then followed throughout the site. A slow pace along the transects is maintained, stopping every few minutes to look and listen for movement, calls of any animals, burrows in the ground, tree cavities, and other direct or indirect evidence of utilization. A visual inspection of trees was conducted to search specifically for squirrel day beds, potential RCW cavities, and FBB roosts. Indirect evidence such as rooting, scrape marks, nests, cavities, burrows, tracks, and scat are searched for, duly noted, and located with a GPS in case of the need for further investigation prior to clearing. If direct observation of listed species approximate sighting locations of any listed species are also noted on a survey aerial. 3 occurs, Immokalee Rd. Parcels Listed Species Assessment August 2022 to ♦Imatj To date, the subject properties have been visited a number of times. A short description of each visit has been provided below in Table 1: Table 1: Timing and conditions during each visit to the subject properties: Date Time Ambient Conditions Tern erature (F) 3/24/2022 12:00 pm - 4:00 pm Scattered clouds, 0 - 5 mph winds 850 7/27/22 10:30 am -1:00 pin Clear skies, 5 -10 mph winds 870 8/16/22 8:30 am -12:00 pm Clear skies, 5 -10 mph winds 880 A list of all wildlife species directly observed on the site is provided below in Table 2. Designations are per the Florida Fish & Wildlife Conservation Commission and the U.S. Fish and Wildlife Service's South Florida Listed Species Lists. Table 2: Species of wildlife observed while on -site Common Name Scientific Name Status Black vulture* Coragyps atratus NL Red bellied woodpecker Melanerpes carolinus NL Northern mockingbird Mimus polyglottos NL Eastern cottontail rabbit Sylvilagus floridanus NL *Observed flying overhead S = State T = Threatened 1d = FWS Species of Management Concern F =Federal E = Endangered NL = Not listed During the initial survey inspection, it was noted that 2 burrows were found within the boundaries of the subject properties. The first was in the berm of the stormwater retention area and appeared to be an active or potentially occupied gopher tortoise burrow. The second burrow was located nearby within the Pine Flatwood habitat and appeared to be an abandoned gopher tortoise burrow. Tortoises were not observed within the burrows or anywhere else on site. Also observed during this inspection were a number of dead slash pines containing cavity holes that couIA potentially be utilized by the Florida bonneted bat. During this initial inspection, no additional listed species or evidence of listed species was noted. The second site visit was completed in conjunction with a representative from the South Florida Water Management District. At this time a full-scale survey of the properties was not completed. Rather this site visit was conducted for the purposes of a wetland assessment. However, during the visit, no direct or indirect observation of listed species was noted. And it was found that both of the apparent gopher tortoise burrows seen in the initial site visit, were no longer present. Immokalee Rd. Parcels Listed Species Assessment August 2022 During the third site visit, the entirety of the subject properties were surveyed and assessed for listed species (as was done in the initial site visit). During this visit, again neither direct nor indirect evidence of listed species of wildlife was observed on any of the subject properties. Gopher tortoise burrows remained absent from the sites, and the snags observed in the initial inspection were gps located. These cavities are discussed in further detail below in Section 5. Immokalee Rd. Parcels Listed Species Assessment August 2022 1 As stated above in the results section, no direct observations of listed species were made during any of the site visits. However, it is important to emphasize that the lack of direct observation of listed species on the site by -itself is not sufficient evidence for a conclusion that the site is void of listed species. This is particularly true considering the 2 burrows observed in the initial inspection anA the 4 cavity snags present on site. 5ti11, considering the habitat present on the sites, surrounding developments, and the impacts proposed on the property, we can make inferences as to the likelihood of impacts to listed species occurring as a result of a proposed project. Before considering the scope of impacts proposed and the location and condition of the property, all listed species that could potentially be found on or around habitats which are present on -site must be considered. A list of protected species which may be found in habitats similar to that which is found on the subject properties can be seen below in Table 3. Table 3: Listed species of wildlife that occur in habitats similar to that of the subject property. Common Name Scientific Name Status Florida bonneted bat (FBB) Eumops floridanus FE, SE Red cockaded woodpecker RCW Leuconotopicus borealis FE, SE Big cypress fox squirrel 5ciurus niger avicennia ST Eastern indigo snake D rymarchon couperi FT, ST Gopher tortoise Gopherus polyphemus ST Florida panther Puma concolor coryi FE, SE S =State T = Threatened F Florida Bonneted Bat �FBB� The FBB is a black or gray -brown to cinnamon -brown colored bat with short glossy fur. Though small relative to other native Floridian mammals, it is the largest bat found in Florida. The FBBs' ears, after which it is named, are large and project forward approximately 19-31 mm. Due to the scarcity and logistics of studying the FBB, roosting, foraging and breeding characteristics for the FBB are not well understood. According to available but limited scientific data, they can be found roosting in old dead trees, in palm fronds, behind loose bark, in cracks, and in holes carved out by other birds or insects. To date, there have only been a handful of confirmed active roosts located in natural settings (i.e. trees, snags, etc.). FBBs are most often found using manmade structures such as bat houses, the underside of bridges and overpasses, roof tiles, and abandoned buildings. They are not migratory and feed on insects such as beetles, moths, and flies. To consider potential effects of residential construction on the FBB, potential roosting habitats were identified based on information from the 2013 Florida Fish � Wildlife Conservation 0 Immokalee Rd. Parcels Listed Species Assessment August 2022 Commission Species Action Plan and then surveyed for evidence of bat utilization following survey guidance from the U.S. Fish and Wildlife Service. The habitat on this site consists almost entirely of Pine Flatwoods. In these types of habitats, primary roosting sites consist of cabbage palm frond husks, excavated cavities in dead or dying pine trees, or within cracks or under the bark of living trees. Numerous cabbage palms and several snags or dead trees are present on the subject property (see exhibit sheet 4 for snag and dead tree locations). Although each potential roosting site was inspected to the best of our ability, none could be confirmed as containing or not containing bats due to the height and inaccessibility of the cavities. However, audible noises, droppings, direct observations, etc. were not noted during the survey period. If required, each cavity will be inspected with a peep camera prior to clearing. Considering the remaining habitat on and off the site, relative scarcity of utilization of natural roosts, and the direct observation of red -bellied woodpeckers on the site which compete for space with bats, it is unlikely that the cavities are utilized by bonneted bats. Therefore, impacts to the Florida Bonneted Bat will likely not be incurred as the result of removal of the snags and construction of a project. Red Cockaded Woodpecker (R The RCW is anon -migratory, territorial bird typically reaching an overall length of approximately 8 to 9 inches. They live in cooperative social breeding groups and use mature pine trees (longleaf or slash pine) to develop nest cavities. The RCW is the only North American woodpecker that excavates its roost and nest cavities in living pine trees. In this area of south Florida, RCWs typically only use mature slash pine trees for cavity construction. To consider potential effects of the proposed project on the RCW, potential nesting trees are idened based on information from the 2004 FWS Species Conservation Guidelines and then surveyed for evidence of cavity construction following survey guidance from the FWS. While surveying transects across the property, all slash pine trees greater than 5 inches dbh are noted and inspected for signs of cavities or cavity excavation. On this site, the Pine Flatwood habitat that covers the majority of the project site and could be considered a suitable habitat for the RCW. However, the vast majority of pine trees present on this site are not mature and so as a result, likely cannot support cavity excavation by RCWs. Furthermore, there were no cavities observable within living slash pine trees anywhere on the site. Considering that no cavities were observed within living pine trees on site and that other non -listed species of woodpeckers were observed during the site visit, the likelihood that RCWs will be affected by the proposed activities is most likely minimal to non-existent. Big CvPress Fox Squirrel The Big Cypress fox squirrel is a large tree squirrel that typically reaches lengths of approximately 22 to 26 inches and which often occurs in a combination of colors including black, orange, white and silver. 7 Immokalee Rd. Parcels Listed Species Assessment August 2022 In general, the big cypress fox squirrel prefers areas comprised of a mosaic of pine forests, cypress swamps, and hardwood hammocks where the groundcover is relatively open. This allows for foraging along the ground and direct line of sight on potential predators. The habitat on this site could be considered consistent with the needs of the fox squirrel as it consists of mostly Pine Flatwoods and minorly of Cypress - Pine - Cabbage Palm habitat. Additionally, much of the sites contain a sparse midstory and groundcover. However, lack of utilization evidence such as direct observation, visible day beds, chewed pinecones, etc. indicates that the site is likely not currently being utilized. The adjacent road and canal system have likely aided in isolating this location from utilization. Eastern Indio Snake The eastern Indigo snake is a large, stout bodied snake that can reach lengths of up to 8 feet and which is almost entirely black in color with the exception of the chin and throat regions, which can range in color from reddish brown to white. The eastern indigo snake utilizes a wide range of habitats from upland scrubs and sandhills to wet prairies and mangrove swamps. They can often be found residing in gopher tortoise or armadillo burrows. Considering their elusive nature, their large home range, and the wide array of habitats they may utilize, there is potential that eastern indigo snakes could be found within the project area. However, no eastern indigo snakes were directly observed on the project site. Nor were there any burrows observed in the latest survey which could be utilized, or other indication of potential utilization. Therefore, although the entirety of the property technically consists of land that may provide suitable habitat, it is unlikely that that the proposed project will by itself have a measurable impact on the eastern indigo snake. Should an eastern indigo snake be found on the site at any time, the appropriate authorities will be notified accordingly. Gopher Tortoise The gopher tortoise is a medium sized tortoise that generally reaches a total length of 10 to 12 inches and which is fully adapted for life in upland habitats. They commonly utilize habitats such as sandhills, upland scrub, xeric oak hammocks, or disturbed sites such as pastures or developed building sites to dig burrows. Gopher tortoises tend to gravitate towards habitats containing a sparse canopy with an open understory as this allows for easy navigation of habitat and burrows can often be structurally supported by roots. However, gopher tortoises typically avoid dense forests as abundant roots can act as insurmountable obstacles for burrow excavation. Gopher tortoises construct burrows of usually 5 to 15 feet in length (though they can sometimes be much longer) to avoid predation and for shelter from inclement weather such as cold temperatures or forest fires. Habitats containing or being actively utilized by gopher tortoises are easily identified by the burrow apron of fresh (often white) sand that is excavated from the burrow which is often "decorated" with droppings in and around the burrow entrance. Immokalee Rd. Parcels Listed Species Assessment August 2022 On this site, a significant portion of habitat is a Pine Flatwood community, which is suitable for habitation by the gopher tortoise. However, as of the last 2 site visits, there were no observable burrows found on the site. Therefore, the proposed project will most likely have no effect on the gopher tortoise. Because of the 2 burrows observed during the initial survey, however, any construction crews will be advised of the potential for tortoise encounters so as to take care avoiding adverse interactions. Should additional tortoise burrows become established within 25 feet of the footprint of a project on site, the appropriate removal permits will be obtained, and the inhabiting tortoise(s) will be relocated to a permitted off -site location. Florida Panther The Florida Panther is a large reddish -brown and white cat, endemic to the Floridian peninsula that is typically observed between 70 and 150 lbs. The Florida panther is typically found within a range of mostly forested upland and wetland habitats. Large wetland tracts of habitat have been proven to be of particular importance as these areas are mostly inaccessible to humans and as a result, provide diurnal refuge. The subject properties are located in an area designated by the U.S. Fish and Wildlife Service as a secondary zone of the South Florida Panther focus area. Therefore, this location could potentially be utilized by the Florida Panther. However, considering its near entirely upland status, largely open understory, proximity to Immokalee Road (which is a major roadway), and other adjacent man-made developments, this location is likely less attractive for use by panthers than many other locations. 0 Immokalee Rd. Parcels Listed Species Assessment August 2022 � � 1 Although the location of the subject properties is within the consultation areas of several listed species and suitable habitat is present for certain species as well, there is no evidence or indication that the site is actually currently being utilized by any of these species. 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F Dow ("• •� 7 IF Abe R .IF oo OF IS ` d Moo t 41 Oo "•oam,�._�low,r GULF OF MEXICO EVERGLADES KEY WEST .mot CITY SITE ADDRESS: <> FOLIOS: 37743960001, 37744000009, 37742840009 NAPLES, FL 34120 <> LATITUDE: <> LONGITUDE N 26.274522 W-81.601645 MIS NOTES: <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES C AND ARE NOT INTENDED FOR CONSTRUCTION USE. � Tunell, Hall &Associates, Inc. Marine & Environmental Consulting 3584 Exchange Ave. Naples, FL 34104-3732 Email tuna@thanaples.com Phone: (239) 64M166 Fax: (239) 643-6632 Grv� Aoviso�s, LOCATION MAP 5875 THESE CRAV4NGS ARE FOR PERU I rT ING PUR POSES ONLY -VJD ARE NOT INTENDED FOR CONSTRUCTION USE, DESIGNED. 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F' _-� ` A An A An AA •Y . •• `t }yf `•�r • r.,yQ1 •f 'r''r- • ,t.f , :,■ ♦ ' t'•'r -�' ' In _ _ , 4't J - A74 .V ..�14 • 1'.. j 1 4• Of AM IF ; ,• Ann nO An Ion A III AA. ode a Imp"o Yt>F In _. yt I VIT IMAII aTV :« �is��Al y ..4 fit X �;. '� 1 M N M _ TURRELL, HALL & ASSOCIATES, INC. 3584 Exchange Avenue, Naples, Florida 34104 • Office (239) 643-0166 • Nick@thanaples.com Nicholas Pearson is a Biologist and Project Manager at Terrell, Ha11 & Associates, Inc. His responsibilities include marine resource surveys, marine -related permitting, terrestrial resource surveys and associated permitting, and due diligence work for both marine and terrestrial in-house projects. EXPERIENCE &REPRESENTATIVE PROJECTS �2017 -Present) Wetland Permitting -Active participation in several hundred wetland assessments or delineations per methodology followed by the Florida Department of Environmental Protection, South Florida Water Management District, and many of the local municipalities throughout South Florida for the purposes of single-family, multifamily and commercial construction. (2017 -Present) Compliance and Enforcement Resolution- Provided assistance on numerous single- family, multi -family, and commercial projects with outstanding ERP-related non-compliance issues. (2019 -Present) Veteran's Memorial Parkway Extension- Provided wetland delineation and listed species survey work for the proposed road extension project. (2021�O1de Naples Seaport- Provided the submerged resource survey of the existing facility for proposed dredging plans. 2022 - 2023) Ci the city limits. of Marco Island- Provided listed species permitting for several public parks within EDUCATION • 2013 B.S. Marine Science- Eckerd College ORGANIZATIONS • Florida Association Of Environmental Professionals- Southwest Florida • Marine Indestries Association of Collier Coenty LICENSES • Authorized Gopher Tortoise Agent DIVE CERTIFICATIONS • Advanced Open Water • Rescue Diver, Nitrox • Open Water Chapter PREVIOUS EXPERIENCE • Biologist I of Animal Health Team and Assistant Biologist of Quarantine Team- Florida Aquarium 2013-2015 • Shark Ecology- Bimini Biological Field Station 2013 • Intern Mote Marine Lab 2012 1 1 1 N N O (T W O 0 o_ D cn U) (D cn N El (D 7 N 3 O 77 d (D CD CL n D m D N N O W C� N co i N W m NAPLES GULF OF NLEXICO Email: ulna@thanaples.com v► 1 ;01 , � EVERGLADES CITY KEY WEST CO�LLIj�R COUNTY SITE ADDRESS: <> FOLIOS: 377439600017 377440000091 37742840009 NAPLES, FL 34120 <> LATITUDE: <> LONGITUDE N 26.274522 W-81.601645 M I� NOTES: <> THESE DRAWINGS ARE FOR PERMITTING PURPOSES C AND ARE NOT INTENDED FOR CONSTRUCTION USE. I'urrell, Hall &Associates, Inc. Marine &Environmental Consulting Exchange Ave. Naples, FL 34104-3732 Phone: (239) 643-0166 Fax: (239) 643-6632 LOCATION MAP RY NO. 5875 THESE DRAWINGS ARE FOR PER biITTING PURPOSES ONLY AND ARE NOT INTENDED FOR CONSTRUCTION USE, � f t DESIGNED L � � DRAWN BY CREATED: welimmiarm SHEET NO. 22053.00 4. - - - - 01 OF 02 5. - - - - SECTION-27 TOWNSHIP-48S RANGE-27E Aft AT A MIA A MAI AV Add A All • rat �� \ !/o), VmA AT • i .A l ♦ , h.Asir, da" A AI ow AV a I Al A A NO to No 9 AL All, Mom 10, eat AN AV N Old I Ask Ad AL IV do C .fin,,rty�;� : �w 'fir • •• ' i .car• ( • ' 6 'S4 � ' + v, . yaOo NAP a (a' �•. AM y0004 r- r L .�t�jI a •�i a 'X" `•� a ' r� r r ^} - k; ,AV, ass fir _ _ I', 't l tl SlN`�S Allot. ~, • VA. 4Y,l'�" •.' h" Y °"'-�q''! dr.. «- < - r, + S. i 1y% If I WI to A dot gs 'tii r :. ;Aod iW �` OAO Y ti ~•AI ! 4 Y y. '- J+ k.mA %* ;.► '' :;y .ate . : .. i AN t..,AM _ •ryas.. 3 - As { • I on mm, Altdoo� . ;�' ,t y ♦` A5 ` t 2 Ad.• J Is AV a Not, rMOOF VIA Voodoo V$6 A. a AV Ass At VIA A AM VA. A • AA AV SITYY f2 IF . '_.. 111111111111114 MONSOON Al ^. •• , '+� y]..��.`-•�. '� .jay. r••1` 't It WAN CAM .. 4wY — .or kk yet lot All - VIA Y� A moIa Mir I. Al �� w - 740 ` XMMMW* IV A Aso `A I�—� W: AM Most I ,.wof 624 *j: At do 9 to 49-pm�. Ap MIT N � �� Ad All too Vz * ! _ 4 i—� b < { ems/ vI Ad jam. �, - ' J �� t MIS 41 1 As *to • 'NAL' Ad At a. �. I t4b 0 %" W— t V AAVA Ad A A A 4 111" �< � � ti~ k i r + .., �., d A VIA Ad a. , • aj V • w•t� ; •v; .1 ` J 11 v Ad At OL T R P I ,v • 'i t' As, f dk tootAt or Mir A IN _ .wA'-i .:�✓ /� ail: i 4 Alto AV so 0 VIA 66 1 .'i •fAr. ipAV At Am �. ,� 4 ►, • yJimvOIL +[♦Ads ,w .fir {aAMost w _s iR -C ra-++WATER • • • • ' ,•� PROJECTTHAN 5 ES Also Air =tvp; � -o.. NOTESN THESE DRAWINGS ARE FOR PERMITTING PURPOSES ONLY • it •.�".;a ARE NOT• • FOR CONSTRUCTION •� RESERVE SURVEY • • • AV x: eas SURVEY •• •MMmDDwYYYY VA go i • .'•• as `��j,` ya y i of , as; t r• AV ssA It Off" A -- s — - - ---�� -=-_ t to 1w ' I 2&Lw9= Prepared for: Utz! Montes &Associates 950 Encore Way Naples, FL34110 Phone: 239-254-2000 Collier Count • Collier County, Florida �/zi/Zo23 Prepared by: Trebilcocl< Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: Email: Transportation Methodolo 239-566-9551 ntrebilcock trebilcock.biz Fee* — $500.00 Fee Collier County Transportation Review Fee* — Maior Studv — $1,500.00 Fee Note — *to be collected at time of first submittal. ll'nmokalee Randall Commercial Subdistrict— GMP,4 &PUDZApplication — Traffic Impacf Statement —July 2023 certify that this Traffic Impact Statement has been prepared by me or under my immediate supervision and that I have experience and training in the field of Traffic and Transportation Engineering. �•`Q�`.• GE.NS. 00 :o ?:. No 47116 '. WON wom omm mom low ��•� STATE OF �1111 t 111� Digitally signed by Norman Trebilcock DN: c=US, st=Florida, 1=Naples, o=Norman Trebilcock, cn=Norman Trebilcock, email=ntrebilcock@trebilcock.biz Date: 2023.07.21 17:10:44-0400' Norman Trebilcock, Al PE, PTOE FL Registration No. 47116 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Company Cert. of Auth. No. 27796 PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES. Trebilcock Consulting Solutions, PA Page � 2 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Project Description ..... ...................................................................................same............... ... . 4 .. ....... Tr i p G e n e r a t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Trip Distribution and Assignment................................................................................................... 5 Future Background Traffic VolumeS.......................................................................................... ... .. 8 Existing and Future Roadway Conditions Without Project............................................................ 8 Future Conditions With Project.................................................................................................... 10 SiteAccess Management.............................................................................................................. 12 ImprovementAnalysis.................................................................................. 12................................ Mitigationof Impact..................................................................................................................... 12 Appendices Appendix A: Project Master Site Plan ........................................ Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 15 Appendix Co ITE Trip Generation.................................................................................................. 22 Appendix D: FDOT Generalized Level of Service Table................................................................ 33 Appendix E: FDOT Site Impact Handbook.. 0 a a a a a a a a 8 0 a a 0 6 a 0 a a a a a 0 a a a a a a a a a a a a a a a a 0 a 0 0 a 4 a 0 a a a a a 4 a a a a a 0 a ages@@ 36 38 Appen ix F: D1RPM Facilities in icinity...................................................................................... Trebilcock Consulting Solutions, PA Page � 3 In')mokalee Randall Commercial Subdistrict— GMPA &PUDZApplicotion — Traffic Impact Statement —July 2023 Project Description 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 and comprises three parcels that total ±9.82 acres in size. Two of the parcels are undeveloped. One parcel is currently owned by Collier County. The County cleared this parcel of vegetation to use for dry retention for Immokalee Rd. The proposed Growth Management Plan Amendment (GMPA) establishes the Immokalee Randall Commercial Subdistrict to allow for 125,000 square feet of &3 commercial uses, of which up to 80,000 square feet may consist of Indoor Air -Conditioned Mini and Self -Storage. There is a companion PUD rezoning to ensure compliance with the GMP and the proposed subdistrict. Refer to Figure 1—Project Location and Appendix A: Project Master Site Plan. 0 Immokalee Rd Figure 1—Project Location Project Location Market _ Apexx Aeces� & AutQrnai `c �sianc: rtryi�l�r�� rarr: T kancsa�t t3�ti Oil Well Rd Randall Blvd r�e�t Generation Far��i(y )7a}scare Homz �,'v".�ESf Coast Generator: N A methodology memorandum was transmitted via email to the Collier County Transportation Planning staff on April 21, 2023 (ref. Appendix B: Initial Meeting Checklist (Methodology Meeting)). The project access connections to the surrounding roadway network consist of two connections onto Immokalee Rd. The specific project proposed that requires the amendment is expected to be fully constructed and occupied within a few years. The analysis year is 2028. Trebilcock Consulting Solutions, PA Page � 4 Immokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 1LMLIMCM= While the proposed amendment is to allow up to 125,000 SF of C-3 uses, the trip generation in Table 1 is for 100,000 SF of mixed retail and is intended to depict the highest and best use and establish the trip cap for the PUD at 389 PM peak hour two-way. Appendix C contains the result for 45,000 SF of mixed retail and 80,000 Sf of self -storage facility. It also contains ITE rates or equations used for the trip generation calculations, as applicable, the ITE formulae coefficients and 11t" edition data pages. In agreement with the Collier County TIS guidelines, significantly impacted roadways are identified based on the proposed project highest peak hour trip generation (net new total trips) and consistent with the peak hour of the adjacent street traffic. Based on the information contained in the Collier County 2022 Annual Update and Inventory Report (AUIR), the peak hour for the adjacent roadway network is PM peak hour. Table 1-Trip Generation Trip distribution was estimated using the Collier County Adopted 2045 Cost Feasible network in the District One Regional Planning Model (D1RPM) modified as follows: 1. Reflecting changes in the vicinity requested by Collier County during the analysis of the Town of Big Cypress; and 2. Reflecting on the number of lanes consistent with construction funding in the current Collier County 5-Year Work Program. The resulting facility type, area type and number of lanes are depicted in Appendix F. A new traffic Analysis Zone (TAZ)# 2970 was attached to Immokalee Rd. at the project location containing 300 commercial employees (3 per 1000 SF recommended by FDOT Site Impact Handbook -see Appendix E). The percentage distribution pattern for project traffic is shown in Figure 2. Trebilcock Consulting Solutions, PA Page � 5 Irnmokalee Randall Commercial Subdistrict- (jlvlPA &PUDZApplication - Traffic Impact Statement -July zuz3 North Immokalee Rd 11.1 9.5 9.5 I Van Figure 2 - Project Trip Distribution Immokalee Rd 6.1 7.5 6.7 6.7 6.7 1.4 5.3 5.3 �i 2.6 � 2.6 in 0 CD 'v cn a1 0 a) v 0 0 > N A. W r-• V Oil Well Rd 6.1 6.1 lz 16.8 16.8 16.1 16.1 c o N cv Project N ocation Randall Blvd 2o.2 2204 20.5 12.3 24. t• V m G o � c}erbilt Beach Rd Ext. 0 o I � 0 0 0 0 0 0 0 0 O 1.7 7 1.1 2.5 3.9 2.4 0 0 ## Percent of External Proeect Traffic 0 N � 2.9 16.2 16.2 0 w .A tp 0 0 0 2.3 0 Golden Gate blvd C�7 w V w w 0.4 r 2.9 0 0 0 a� 0 0 w 0 w a w Number of Lanes PENSION 2 4 6 8 - 10 Facility Type Toll Facilities .:- Freeways & Ramps Minor & Major Arterials Collectors ConnectorsCentroid Trebilcock Consulting Solutions, PA Page � 6 In MOKalee Randall Commercial Subdistrict- GMPA &vuuz Application - Traffic Impact Statement -July 2023 Table 2 contains the road segments on which the project impact was reviewed. Roadway configuration and minimum standard service volumes are from the 2022 AUIR. The distribution percentages are the averages of those at the segment endpoints shown in Figure 2. The calculations that Table 2 contains are performed with more decimal places than those displayed. Using only the displayed decimals may yield slightly different results. The project significantly impacts some roadway segments in the vicinity. Peak Direct - Peak ion Hour Project PM PM Peak Traffic Percent Peak Peak LOS Direct- Signif- as Per - of Total Hour Hour Mini- ion icance centage Signif- Project Project Project Config- mum Service Thres- of icant AUIR Roadway Traffic Traffic Traffic uration Im- Stan- Volume hold Service Impact ID # Link From To (1) N/E (2) S/W (2) (3) proved Bard (3) (%) (4) Volume Y/N Wilson Project 45.0 7Roa7dBoulevard 24.4 46 49 6D No E 3300 2 1.5 No Entrances Immokalee Project Randall 45.0 75.6 150 144 6D No E 3300 2 4.5 Yes Road Entances Boulevard Immokalee Randall Oil Well 45.0 48.7 97 92 6D No E 3300 2 2.9 Yes Road Boulevard Road Immokalee Oil Well 39th Ave 46.0 24.1 48 46 4D No D 2000 3 2.4 No Road Road NE Immokalee 39th Ave 47th Ave 46.0 1901 38 36 2U No D 900 3 4.2 Yes Road NE NE Immokalee 47th Ave Everglades 46.0 10.8 21 21 2U No D 900 3 2.3 No Road NE Blvd. Vanderbilt 118.0 Wilson Blvd Immokalee Beach 8.3 16 16 2U No D 900 2 1.8 No Road Road Ext. Oil Well Immokalee Everglades 119.0 16.5 33 31 4D No D 2200 3 1.5 No Road Road Boulevard Randall Immokalee 8th Street 132.0 22 4 45 42 2U No D 900 2 5.0 Yes Boulevard Road NE Randall 8th Street Everglades 132.0 18.4 37 34 2U No D 900 3 4.1 Yes Boulevard NE Blvd. Randall Everglades Desoto 133.0 2.9 6 5 2U No D 900 3 0.7 No Boulevard Boulevard Boulevard Everglades Randall Oil Well 135.0 1.5 3 3 2U No D 800 3 0.4 No Boulevard Boulevard Road Vanderbilt Everglades Randall 135.0 Beach 7.6 14 16 2U No D 800 3 2.0 No Boulevard Boulevard Road Ext. Everglades Oil Well Immokalee 136.0 2.4 5 4 2U No D 800 3 0.6 No Boulevard Road Road Notes: 1) Average of segment endpoint values in Figure 2 2) Percentage times PM peak hour net new external directional project traffic totals Table 1 3) Based on 2022 AU I R data 4) Collier County TIS Guidelines Trebilcock Consulting Solutions, PA Page � 7 lmmOkalee Randall Commercial Subdistrict— GMPA &P(JDZAppiication — Traffic Impact Statement —July 2023 Tables 3 through 5 contain information for the significantly impacted roadway segments in Table 2 demonstrating their current and future levels of service. In Table 3, the annual growth rate listed is the one used in the 2022 AUIR to predict future deficiencies and is used to inflate the existing year peak hour peak direction volume from the 2022 AUIR for the first five years, with two percent growth (consistent with the method used in the AUIR) thereafter. The result above is compared with the 2022 AUIR volume plus the trip bank volume. The higher of the two results is used as the future background traffic volume. The calculations that Table 3 contains are performed with more decimal places than those displayed. Using only the displayed decimals may yield slightly different results. Table 3 —Future Background Traffic 2028 2o2s Growth Rate Existing Based Peak Year Peak Hour Peak AUIR Hour Peak Hour Annual Peak Direct - Peak Percent Direction ion Back- Direct- Growth Trip Back- AUIR + ground ion Peak Rate for Growth Bank ground Trip Traffic AUIR Roadway Volume Direct- First 5 Factor Volume Traffic Bank Volume ID # Link From To (1) ion (1) years (1) (2) (1) Volume Volume (3) lmmokalee Project Randall 45.0 2020 E 2.0 1.126 498 2275 2518 2518 Road Entances Boulevard lmmokalee Randall Oil Well 45.0 2020 E 2.0% 1.126 498 2275 2518 2518 Road Boulevard Road lmmokalee 39th Ave 47th Ave 46.0 510 E 4.0% 1.241 252 633 762 762 Road N E N E Randall lmmokalee 8th Street 132.0 780 E 2.0 1.126 25 878 805 878 Boulevard Road NE Randall 8th Street Everglades 132.0 780 E 2.0% 1.126 25 878 805 878 Boulevard NE Blvd. Notes: 1) 2022 AUIR 2) Growth Factor assumes 2% annual growth after the first 5 years. 3) Greater of Growth based estimate or Existing + Trip Bank Existing and Future Roadway Conditions Without Project The existing roadway conditions are from the Collier County 2022 AUIR, and the future roadway conditions are based on the current Collier County 5-Year Work Program. Roadway improvements that are currently under construction, scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement Program (CIP) are considered committed improvements. Trebilcock Consulting Solutions, PA Page ( 8 Immokalee Randall Commercial Subdistrict— GMPA &PUD2Application — Traffic Impact Statement —July 2023 This includes the improvement of the Immokalee Rd./Randall Blvd. intersection that is reflected here by treating the segment from Immokalee Rd. to 8t" St NE as a four lane facility. For any existing roads scheduled for improvement, the roadway service volumes in the improved condition are the Collier County AUIR unimproved condition service volume multiplied by the ratio of SOS D service volumes shown in MOT Generalized Service Volume Table 7 (Urban Condition, Class I Arterial, Appendix D) between the improved and unimproved cross sections (product rounded to the nearest hundred). Ex ratios: • 2 lanes to 4 = 2,000/880 = 2.27 • 2 lanes to 6 = 3,020/880 = 3.43 4 lanes to 6 = 3,020/2,Mr) = 1.51 That ratio isolates the effect of the additional lanes while keeping all other factors affecting service volumes constant. The effect of all those other factors is reflected in the County's published service volume in the unimproved condition and explains its relation to the average for all roads of like cross section. The existing and future roadway conditions are illustrated in Table 4. The segments are operating at acceptable level of service in existing conditions and under future background traffic conditions. The calculations that Table 4 contains are performed with more decimal places than those displayed. Using only the displayed decimals may yield slightly different results. Table 4 —Existing and Future Roadway Conditions Trebilcock Consulting Solutions, PA Page � 9 Immokalee Randall Commercial Subdistrict— GIVIPA &PUD2Application — Traffic Impact Statement —July 2023 Table 5 adds the project traffic volumes developed in Table 2 to the 2028 background traffic volumes developed in Table 3. In the cases where the peak direction of project traffic aligns with the peak direction of background traffic, the background traffic portion of the total traffic is the peak hour peak direction volume from Table 3. In the cases where the two peak directions (background and project) are opposed, a D factor of 0.56 is assumed for the background traffic, the average of the values used for interrupted flow facilities in the FDOT Generalized Service Volume Table for Urbanized Areas (see Appendix D). This factor is used to estimate the background two-way volume, and hence to establish the two directional components of that two-way volume. Directional project traffic volumes from Table 2 are added and the maximum of the resulting two total traffic directional volumes is used as the basis of analysis. The calculations that Table 5 contains are performed with more decimal places than those displayed. Using only the displayed decimals may yield slightly different results. Trebilcock Consulting Solutions, PA Page (10 07 (D O- n O n C� O Ln r+ Dq V) O_ rt O cn Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication _ Traffic Impact Statement —July 2023 The project traffic causes a level of service deficiency on the segment of Randall Blvd. from 8t" St NE to Everglades Blvd. The proposed access for the project is an eastbound right in/right out connection to Immokalee Rd. at the western end of the parcel (see Appendix A) and right-out/emergency access at the eastern end. Immokalee Rd. is considered an Access Class 3 facility with a posted speed limit of 45 mph. As such the minimum spacing requirement is 660 feet. A detailed evaluation of applicable access points will be performed at the time of site development permitting/platting when more specific development parameters will be made available. Based on the results illustrated within this traffic analysis, the proposed project creates a significant impact on adjacent roadway segments. Most of the analyzed roadway network facilities have sufficient capacity to accommodate the proposed project. On Randall Blvd. from 81" St NE to Everglades Blvd the project traffic creates a deficiency in 2028. The ROW acquisition for this segment is funded in FY 23. No further phases show funding in the adopted work program. The maximum total daily trip generation for the proposed development shall not exceed 389 two-way PM peak hour net new trips, based on the land use codes in the I I Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval, as applicable. The developer proposes to conduct a proportionate share analysis and pay the resulting amount if it exceeds expected impact fees or pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Trebilcock Consulting Solutions, PA Page � 12 Immokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page � 13 (D (7 0 C7 717 rm+ assets (o Con 0 fmonta E- 0 V1 e v (D all we ''.... lde else r. %'- i All` ! yyi . `. i - �,•*'' lld,e Ole co I ^l I N ZONING: E-STA*4 J o vo`N �g0 of 0 LAND USE: UNDEVELOPED ��� Z��O g, 2 . me- VG 1� ZONING: E-STMI-4 r i O�"::.......11011s LAND USE: SINGLE-FAMILY RESIDENTIAL f �- f'^ low Or 1 a a so dl Owl, - as lmlaOlm a' goal - --=f AC �-� Or1LY _� f�_ all,- - - - -- -- - - -- _- _----- .j: GHT O �rlse __ ---.-_---- RIGHT INfR► _ ---------- OUT ONLY lel J Z d 0 0 w W 0 Z wui Z 0 Z Z ON� ------------------ 25.0' RETAINED NATIVE VEG ETATI O N BUFFER ZONING: E-ST1W 3 LAND USE: SINGLE-FAMILY RESIDENTIAL TRACT C r1 (DEVELOPABLE AREA) TRACT B 50.0' RETAINED NATIVE VEGETATION BUFFER 15.0 ENHANCE TYPE D LBE 76.0' DRAINAGE EASEMENT ZONING: E-ST/W-4 LAND USE: FUTURE COLLIER COUNTY STORM WATER MANAGEMENT LAKE ZONING: E-ST/VV 4 (CU} LAND USE: NORTH COLLIER FIRE RESCUE DISTRICT STATION 10 TYPE A LBE ' 20.0' ACCESS I TO COUNTY OWNED PARCEL FOR I CANAL MAINT. LAND USE SUMMARY (RETAINED NATIVE VEGETATION BUFFER) TRACT B 1.24 AC TRACT C 8.62 AC TOTAL 9.86 7AC77] MIN. OPEN SPACE REQUIRED/PROVIDED (30%): 3.13 AC o MIN. NATIVE VEGETATION RETENTION REQUIREDIPROVIDED: 0.88 AC 1 TRACT B RETAINS NATIVE VEGETATION &SHALL PROVIDE THE REQUIRED MINIMUM NATIVE VEGETATION RETENTION OF 0.88 AC Irnmokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page �15 IMMOKalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 t� 1 a l 1 1 11 re overlooked. Cr1 1 not apply,or Date: A�ri121.2023 Time: N1.4 Location: N/A — Via Email People Atiendin�: Name, Organization, and Telephone Numbers 1} 14�ichael Sawyer, Collier t 2) Norman TrebilcocLw TCS 3j Gavin ,Tones. TCS 4j Ciprian Malaescu, TCS Study Prepare•: Preparers Name and Title: Nor Organization: Trebilcock Cons: Address & Telephone Number: 239-566-9551 Growth n Reviewer(s�: Reviewer's Name &Title: Michael Savvyer Organization & Telephone Number: Collier C 239-252-2926 Applicant: Applicant's Name: Hole Monies Address: 950 Encore Way, Naples, Telephone Number: 239-254-2000 Proposed.. Development: Name: Irnnlokalee R.anda FL 34110 ement Division ion: South side of Immol�alee Rd, appro�imatel� 773 feet west of the all Blvd. (refer to Fi Land Use Type: C-3 Commercial Uses. ITE Code �: IV1ini-t�arehouse. Shopping Plaza. 4OI�-1 SOK without Su eVl LLTC 151MUM Trebilcock Consulting Solutions, PA Page � 16 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Description:12541 s Zonin Existing: Figure 1—Project Location Map states- Mired Use Distric Comprehensive plan recommendation: N/A. Requested: Growth Mana�elnent Plan ment____(GMPA� _ and Planned Unit � to establish the Immokalee to allow for up to 125,000 SF of C-3 uses. Findings of the Preliminary Study: Study tune: The nroiected net e�ternal AM or PM 2-way teak hoL�r t�roiect traffic is more than lUU, so this study qualifies as a Major TIS. Proposed TIS will include trip generation, traffic distribution axed assignments, sl�nlficance test (based on 2%/2%/3% criterion). Operational site access analysis to be performed at the time of site development plan application. The report will provide existing LOS and document the impact the proposed proiect will have on designated arteri concurrency analysis —based on estimated net S shall be consistent with Collier County TIS Guidelines and Procedures. Page 2 of 6 Trebilcock Consulting Solutions, PA Page � 17 Immokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 Site �ia_acce� intersection analysis will be provided with this Internal �licable and � is based on ITE anal Collier C Study T� pe: (if not net increase, operational stud�r) Small Scale TIS ❑ Minor TIS ❑ Additional intersections to be a�lalyzed: N/.� )3uild Out Year. 2028 Planning Horizon Year: 2028 Anal{sis Time Period(s): PM peak hour Future Off Site Developments: N/A Source ©f Trip Generation Rates: ITE Tri None: NiA Pass -by trips: per TIS Guidelines Internal trips: N/A Transit use: NIA Other: N/A Generati on Manual, 11 �' Editi Non -site traffic estimates: Collier County traffic_counts and 2022 Site -trip generation: ITE Editio — Shoppiu� Plaza �� — 150I� without. Mini- Air arehvuse. Vvr analysis and trip carN of retail wTill be analyzed. Another Trip distribution method: Distri Traffic assignment method: 1 Regional Planlun� Model - refer to Traffic growth rate: historical g1•owth rate or 2°,% minimUmi 100,000 SF Page 3 of 6 Trebilcock Consulting Solutions, PA Page (18 Immokalee Randall Commercial Subdistrict— GMPA &Puuz Application — Traffic Impact Statement —July 2023 Turning movements: Site Access: access onto I the site development elan application. Figure 2 —Project Trig Distribution i l s to be nrovi ded i u� a EQ ri c EVERGLADEc o EVERGLADES 4.9 Q N�t l0 m G H LL r1 2.9 10.3 4.9 4.1 ~ EVERGLADES EVERGLADES EVERGLADES EVERGLADES g Z u. J N h O �ntty 4 [L O d J •1y �•i N co In 40 cc 16TH 16, H 0 a N 4.1 0 0 0 1 � 1 16TH 167H o o .. a 4p p c 0 0in 0 0 0 go 33IYIOWWI IM140KALEE 0 0 L60Z 27.4 87r 44.2 A G r 1 s WI SON BL 0 0 Z 649 2,4 9.7 6A WlLSON SL K WILSON BL 440M N O� o� � SQ G 2 {;y Page 4 of 6 Trebilcock Consulting Solutions, PA Page � 19 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 ►�peeial Features: ,(from preliminaryT stl�dy or prior elperience) Accident locations: N/A Sight distance: N/A C�ueung: N/A Access location & configuration: N/A Traffic control: MUTCD Signal system location & progression needs: N/A On -site parking needs: N/A Da#a Sources: CC 202 Base maps: N/A Prior study reports: N/A Access policy and jurisdiction: N/A Review process: N/A Requirements: N/A Miscellaneous: N/A Small Scale Study — No Fee c I�Iinor Study - $750.00 Major Study - $1,500.00 x Includes 0 intersections Additional Intersections - $5�0.00 each All fees rill be agreed to during the Jfethodology meeting and must be paid to Transportation prior to oursign-v, ff on the application. SI�GNATLrF�ES Study Preparer—I'��orman Trebilcocli Reviewers) Applicant Trebilcock Consulting Solutions, PA Page � 20 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Collier County Traffic Impact Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below. I��%thodology Revievc� includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re -submitted, amended methodology statement, and one meeting in Collier County, if needed, "Small Scale Revie�� - No .Additional Fee (Includes one sufficiency review Upon approval of the methodology review, the applicant may submit the study. The review includes: a concurrency determination, site access inspection and confirmation of the study copliance with trip generati mon, distribution and maximum threshold compliance. "1Vlinor Stucl�7 Review" - �75Q i+'ee (Includes one sr1#�c0 ency revi Review of the submitted traffic analysis includes: optional. field visit to site, confirmation of trip generation, distribution, and assignment, concuffency determination, confirmation of committed improvements, review of traffic volume data collected/assembled, review of off -site improvements within the right-of-way, review of site access and circulation, and preparation and review of "sufficiency" comments/questions. "I'Vlaior Studv Review" - $1,500 Fee (Includes two intersection analysis and two sufticien r� Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special trip generation and/or trip length study, distribution and assignment, concurrency determination, confirmation of committed improvements, review of traffic volume data collectedtjassembled, review of traffic growth analysis, review of off -site roadway operations and capacity analysis, review of site access and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or recommended conditions of approval. "Additional intersection Review " _ $500 Fee The review of additional intersections shall include the same parameters as outlined in the `2Vlajor Study Review" and shall apply to each intersection above the first two intersections included in the "k jor Study Review" Adcltianal Sufficiency Reviews" - $500 Fee, additional sufficiency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. Trebilcock Consulting Solutions, PA Page (21 Immokolee Randall Commercial Subdistrict— GMPA &PUDZApplicotion — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page (22 mi (V n O c) C7 O LA r+ mml CrQ V) O_ c r+ O V �I J N W Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 A mini -warehouse is a building in which a number of storage units or vaults are rented for the storage of goods. They are typically referred to as "self -storage" facilities. Each unit is physically separated from other units, and access is usually provided through an overhead door or other common access point. The technical appendices provide supporting information on time -of -day distributions for this land use. The appendices can be accessed through either the ITETripGen web app or the trip generation resource page on the ITE website (hitps://www.ite.org/technical resources/topics/trip- and.narking _generationlj. The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in California, Colorado, Massachusetts, Minnesota, Nevada, New Jersey, Texas, and Utah. 2120 403) 551, 568, 642, 708, 724, 850, 868, 876, 1024, 1035 General UrbanlSuburban and Rural (Land Uses 000-399} 1tI9 Trebilcock Consulting Solutions, PA Page � 24 lmmokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 Vehicle Trip Ends vs: 1000 Sq. Ft. GFA SettinglLocation: General UrbanlSuburban Number of Studies: 16 Avg. 1000 Sq. Ft. GFA: 55 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per 1 nnn Sq. Ft. GFA 11Q Average Rate 200 1.45 0.38 - 3.25 iC X X ' ; j 1 OP 1 X r ' ! ! X ! f ; / X ; X I00, X X A / A ! ' X X i� X XX X ' ! ! / ; X Study Site Fitted Curve Equation: Not Given X = 1000 Sq . Ft. GFA Trip Generation Manual 11th Edition • Valume � Standard Devia#ion 0.92 - - - - -Average Rate Trebilcock Consulting Solutions, PA Page � 25 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 ;r 20 10 Vehicle Trip Ends vs: 11�00 Sq. Ft. GFA Peak Hour of Adjacent Street Traffic, C1ne Hour Between 7 and 9 a.m. Set#ing/Location: General UrbanlSuburban Number of Studies: 13 Avg. 1000 Sq. Ft. ('.FA* 70 Directional Distribution: 59°lo entering, �1 °� exiting o.04 - 0.17 X X X � ' i r l �♦ w i r r OF x X X XX X ,-'r 100 r ; Standard Deviation 200 0 0 X = 1000 Sq. Ft. GFA X Study Site Fitted Curve Equation: Not Given Trebilcock Consulting Solutions, PA Page � 26 Immokalee Randall Commercial Subdistrict— GMPA &vuuz l4pplication — Traffic Impact Statement —July 2023 Average Rate 0.15 Dafia Plot and Equation 112 40 m 10 Mini -Warehouse Vehicle Trip Ends Ws: 1000 Sq. Ft. GFA •Hour Between 4 and 6 p.m. Setting/Location: General Urban/Suburban Number of Studies: 18 Avg. 1000 Sq. Ft. GFA: 59 Directional Distribution: 47% entering, 53% exiting Range of Rates 0.02 - o.64 + a + + + ; X+to + �r + v ' /: I . X + +r 1 r X X ; .,,'" mop X ?�C x .�� X iOF X ; X + X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GFA Trip Generation Manual 11th Edition •Volume � 0.14 200 Trebilcock Consulting Solutions, PA Page � 27 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 ` • • •managed • •unit. •studysite this• f • between / • , • • 150,000 Is 180 • . w feet • gross leasable . .•r area w. (GLA), a term plaza ` • ` • ` • ` • "center" is simply a means of distinction between the different shopping center size ranges. Various other names are commonly used to categorize a shopping plaza within this size range, depending on its specific size and tenants, such as neighborhood center, community center, and fashion center. Its major tenant is often a supermarket but many sites are anchored by home improvement, discount, or other stores. A shopping plaza typically contains more than retail merchandising facilities. Office space, a movie theater, restaurants, a post office, banks, a health club, and recreational facilities are common tenants. A shopping plaza is almost always open-air and the GLA is the same as the gross floor area of the building. The 154,000 square feet GLA threshold value between shopping plaza and shopping center (Land Use 8201 is based on an examination %J trip generation data. For a shopping plaza that is smaller than the threshold value, the presence or absence of a supermarket within the plaza has a measurable effect on site trip generation. For a shopping center that is larger than the threshold value, the trips generated by its other major tenants mask any effects of the presence or absence of an on -site supermarket. The 40,000 square feet GFA threshold between shopping plaza and strip retail plaza (Land Use 822j was selected based on an examination of the overall shopping center/plaza database. No shopping plaza with a supermarket as its anchor is smaller than 40,000 square feet GLA. Shopping center (>150k) Land Use 824), strip retail plaza (<44k) Land Use 822), and factory nutlet center Land Use 823) are related uses. Land Use Subcategar� The presence or absence of a supermarket in a shopping plaza has been determined to have a measurable effect on site trip generation. Therefore, data are presented for two subcategories for this land use: sites with a supermarket anchor and sites without a supermarket. The technical appendices provide supporting information on time -of -day distributions for this land use. The appendices can be accessed through ei#her the ITCTripGen web app or the trip generation resource page on the ITC website khttps://www.iLe.or(4/technical resources/topics/trip: and-p..arking .gener ..ation/). ......,........ . 1.............. Trebilcock Consulting Solutions, PA Page � 28 ImmOkalee Randall Commercial Subdistrict- GMPA &PUDZ,4pplication - Traffic Impact Statement -July 2023 The sites were surveyed in the 1980s, the 1990s, the 2000s, and the 2010s in Alberta (CAN), British Columbia (CAN), California, Connecticut, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Ontario (CAN), Oregon, Pennsylvania, South Dakota, Texas, Vermont, Virginia, Washington, and Wisconsin. 105, 110, 156, 159, 186, 198, 204, 211, 213, 239, 259, 260, 295, 301, 304, 305, 307, 317, 319, 35$, 76,390, 400, 4041 437, 444, 446, 507, 580, 598, 658, 728, 908, 926, 944, 946, 960, 9731 974, 1004, 1009, 1025, 1069 198 Trip Generation Manual 11th Edition Volume 5 Trebilcock Consulting Solutions, PA Page � 29 Immokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 Se#ting/l.oca#ion: General Urban/suburban Number of Studies: 7 Avg. 1000 Sq. Ft. GLA: 50 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generafii�n per 1 nnn Sq. Ft. GLA Average Rate 111 2000 111 67.52 43.29 - 91.06 g .25 1 1 , 1 1 r i r X X i 1 1 , X 1 1 1 Ir r X X# # 1 1 f OF A �• t t t t t ; 1 1 i 1 t , 1 1 1 1 , , t , ! 1 / 1 1 1 t 1 t t / V , 1 V 1 1 1 1 # / 1 1 1 1 1 1 , 1 1 1 , 1 1 1 1 1 1 0 0 20 X = 1000 Sq. Ft. GSA X Study Site Fitted Curve Equation: Not Given 212 Trip Generation Manual 11th Edition • Valume 5 pQ` zse:x Trebilcock Consulting Solutions, PA Page � 30 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 • Vehicle Trip Ends vs: '1000 Sq. Ft, GI.A Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. SettingfLocation: General UrbanlSuburban Number of Studies: 13 Avg, 1000 Sq. Ft. GLA: 67 Directional Distribution: 62% entering, 38% exiting Vehicle Trip Generation per 1 OnO Sq. Ft. GLa Average Rate �Ll 100 1.73 Range of Rates 0.29 - 3.77 X ; -------M W-------- jE - ----- - ---....... ---- --- - ------------------------ x 'X i r r ; x x X.' 1W- - - ---- ----- ft-- ----- ++ X i 0 0 100 200 X = �1000 Sq. Ft. GLA tt X Study Site Fi ed Curve Equation: Not Given Trebilcock Consulting Solutions, PA Page � 31 Irnmokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Vehicle Trip Ends vs: 10Q0 Sq. Ft. GLA Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Setting/Location: General UrbanlSuburban Number of Studies: 42 Avg. 1000 Sq. Ft. GLA: 79 Directional Distribution: 49% entering, 51°,6 exiting Vehicle Trip Generation per 1000 Sq. Ft. GLA ilm 214 Average Rate 5019 1000 :11 .11 r11 200 2.56 - 15.31 X r x r X r X x xXair r. >r' ' r X X f.. i! x j(or'' X x i r X 00 7C ` X X X x 400P x ARr * Xx X Xx I + /r X r /< /\ r r ':" • - - - - r r r r X Study Site Fitted Curve Equation: Not Given X = 1000 Sq. Ft. GLA Trip Generation Manual 11th Edition •Volume 5 2.28 Trebilcock Consulting Solutions, PA Page � 32 Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page � 33 Immokolee Randall Commercial Subdistrict- GMPA &PUDZApplicotion - Traffic Impact Statement -July 2023 TABLE � Lanes 1 2 3 4 Generalized P4zak Hour C�irqZ%oLlVH l 'volumesfor Florida's Urbanized Areas NIL INTERRUPTED FLOWFACILITIES STATE SI�NALI�EI� ARTERIALS Class I (40 mph or hi gher po ste d sp e ed limit Itilledian B C D Undivided * 830 880 Di;rided * 17910 27000 Divi de d * 27940 3, 0 20 Divided * 37970 4,040 Class II (35 mph or slourer posted speed limit) Caries Median B C D 1 Undivided * 370 1 2 Divided + 730 1,630 3 Divided * 1,170 27520 4 Di1rided * 1,610 3,390 Non.StateSignalized Roadway Adjustments (Alterccnespordirtt staie whtrttes by the indir_atedpercent) lion -State Signalizred Roadu{ays -10°1/4 Median �. Turn Lane Adjustments Exclusive E.xclu�re Lane s IVkdian Le fl Laries Pdght Lane:. 1 Dwided Yes No 1 undivided No No I Eti Undivided Yes No I Ati Undivided No No - Yes one-'��av Faci]itv Ad jusbnent h�fultiplythe corresponding directional vo Nunes in this table by 1.2 E Boa 1,700 2,560 3,420 Factors �1d�UStmeilt 46% - rru X0 -5 % -25% +5% BICYCLE MODE (Iti+lultigly ��lv,clP vahtrr�s slti�vmb elow by rwrt�b � of directiort,al roadwaylat�es to dsterztutte tUrv-way rt�xurnitnservioe v�ol�.tme s .) Paved ShoulderfBiG�rcle Lane C overage B C D E o-49% 150 390 17000 50-84% 110 340 l,a0a >17000 85-100% 470 LOW>1,000 ** PE DE STR.IAN MODE' (h,�ultlply veln,cl,e vobitne$ slw�,�,rnbelvw b y rurt�b er of directi,o�l ro�siwaylares b det��zrare t'.�ra-way���+nunserrice volLunes ) Si dear alk Coverage B C D E a - 49 °�o * 1 40*: 480 So-84�a * 80 440� Boa 85 -10 ago 200 540 880 > 17000 B[TS hd OD (Scheduled Fred R.oute? (Buses in peak hair in peak ditpctior� Si dear alk C overage B C D E 0- 84% > 5 4 3 2 85-100% > 4 3 2 F 1 t FRE EARS Core Urhani�ed Lanes B C D E 2 2,230 32100 37740 4,080 3 37230 4,570 57620 67130 4 47310 6,030 7,490 8,170 57390 7,430 92370 107220 6 6,380 87990 11,510 12,760 Urb ani�ed Lanes B C D E 2 2,2733 0 ,100 ,890 4,230 3 37410 4,650 5,780 67340 4 47550 6,200 7,680 3,460 5 57690 77 76 0 97 52 0 1075 70 Freewa�r Adjustments dux iliar� Irrtp Lane IA tering,00 +10 +5% UNINTERRUPTEI) FLOW HI�HA�S Lanes I�Iedian B C D E 1 Undivyzded 580 890 1,200 1,610 2 Divided 12800 27600 37280 37730 3 Divided 2,700 32900 4,920 5,600 Uninterrupted Flaw Higlnv air Adjustments Lease s Median Exclusi�re left lanes Adjustment factors 1 Divided Yes +5% Multi Undivided Yes -51/0 Multi Undivided 140 -25`Ya as s d���tt ar? Ures��ted v?b:lwa da?cti:traln�a%,.e: for �eL4if�>~nnce midfortl�e zut,Jmubilyhurlx. mays ,3�& Essee cYical�;T :t3Ae$. Tlpd; table does r�.ct. crse-Lfi� a i-tard>zd m•►d ��ulib? �i;ed r�•,11 fQ �?r�alpl�tt�•� appli:aii,r�:. Th? comp�Aff morleL. from t LkIeLilack is hl? tr coed liouUbe u� dfQ more spechc phriut app�licdjons. nt tLble and d�q c cmp w made Le _.hvmhrtotl e uledfor- - �:i4rll�}I i= kdkiF. l dp llic ci "� N then more i) lIh edte ch-dques Taxi C. C a1:ijhbzE ue b as? d orL pd�>a� ape hcdtiarts rt $ Le HC 1A md$ve Trans i C aim: k, mad Dai,A �;r c S er?riC e bt arciml. 1 Ipvrl of service fortltd bicaCl? m'�dp?d?�iattmade: ��tl•�s table i; r� d C[•� ra�b� of7ri&1arles,rL,rtrumiber of birx hst: urged?striarLs 1xitgtle ia,cilit,*. air ' bti.�e:pFsY►ms:h�nsiao�e oYl}�.Tf�I$1?p?ab:lvasitttle �i-�.? ��?Cti�lCf $t?Y�,�-tr�ir • Camcrtb? a,chie4edusir�table �ut�abi? d?faa�s. • * Not agrplicable far tl:�at lav?1 of service lettPs '. Fc�rtle metxmobi1% mai?, nulm?s ;v?atertl'►ztt 1??*?1 rff :~n*Y? D b?Cum? F b?coot? Y'tLer!�: Ct4m caplacfie:l-r1*re bedir?adaed. Forth tac;=cL:mode. 11w level of serRic? 1?tterznd? 1;g4chidirL;-zF1knat aCl�ie?rabl? beca�.r=e there i4 r►o maxm�� �?1'�icl? vobm a tl�sl'�ol�iu.�-it�hbLs ix�Ui va�� t�f�orlts. Floridz Depaatmerd. cf Traaup,Qttiom � s Fmplem ata2tarti Offi[ e ht��s:?l��t�.f�ictb�rlplattr��l�s r Trebilcock Consulting Solutions, PA Page � 34 ICnmolColee Kondoll Commercial Subdistrict- GMPA &PUDZApplicotion - Traffic Impact Statement -July zuz3 TSB LE � (continued) Generaliiwed PqU Hour ClIYq;�o%t1%AF" V alum es for FIonda's U rbani red Areas IISTUT VALUEUnmterrup ASSIJNEM ONS teed Flmv Faci1ifim Iirte ted Fb� F�cifities State Arterials QW5 I Fra ys Core Freeways Highways Class I Class II Bi,cymlp. Meshi,an ROADWAY CHARA CTERI SMC S Area type (urban, viral) urban urban Number of through lanes (both dir.) 4A0 4-12 2 4-6 2 4-8 2 4-8 4 4 Posted speed (mph) 70 65 50 50 45 50 30 30 45 45 Free flow spe ed (niph) 75 70 55 55 50 55 35 35 50 50 Amxil Lanes (n, n n Median (d, tlxrlt, n, ni r) d n r n r r r Terrain (l,r) 1 1 1 1 1 1 1 1 1 1 % no passing zone 80 Exclusm' left turn lade impact (n, y) [n] y y y y y Exclusive right turn lanes (n, y) n n n n n n Facilitylergth (mi) 3 3 5 5 2 2 1 L9 1.8 2 2 FRAFFIC CHARACTERISTICS Planning analysis hour factor (K) 0.090 0.085 0.090 0.09ar 0.090 OA9a 0.090 0.090 00090 Directional distribution factor(D) 0.55 0.55 0.55 0.55 0.560 0.565 0.560 a.565 0.565 Peal; hour factor(PHF) 0.95 0.95 0.95 0.95 1.000 1.000 1.000 1.000 1.000 Base saturation flow rate (pcphpl) 2,400 2,400 1,70a 2,200 1,950 17950 17950 17950 17950 Heavyvehicle percent 4.0 4.a 2.0 2.0 1.0 1.0 1.a 1.0 2.5 2.0 Speed P,djustment Factor (S AF) 0.975 0.975 0.975 Capacity Adjustment Factor (GAF) 0.968 0.968 0.969 • left turn 12 12 12 12 12 12 • right turns 12 12 12 12 12 12 CONTROL CHARACTERISTICS Number of signals 4 10 10 4 6 Arrival type (1-6) 3 4 4 4 4 Signal type (a, c, p) +0044 c c c c c GycIe length (G) 150 120 120 120 120 Effective green ratio (gfC) 0.45 0.44 0.44 0.44 1 0.44 >1r1ULTIMODAL CHARACTERISTICS Paved shoulderlbicycle lane (n, 3) n, 50%. y n Outside lane width (n, t, w) t t Pavement condition (cl, t, u) t On -street parking (n, S ide walk (r n, 50%, yj Sidevrcd Jroadv�ay separatiort(a, t, w) t S ide u?alk prote ct re barne r (r4 y) n LEVEL OF SERVICE TITRE MOLD S Lerrelaf Seice rmvays Highways Arterhh Bi,c le Ped Bus Die r,sitr Two -Lane Multilane Glass I Glass II Score Score Buseslhr. °�°ffs Density $tS ats B <17 >83.3 < 17 >31 mph >22mph 2.75 <2.75 <6 G <24 >75.0 <24 >23mph >17mph 3.50 <3.50 <4 D <31 >66.7 <31 >18mph rl3mph <4.25 <4.25 <3 E <39 >58.3 <35 `-15mph >10mph <5.00 <5.aa <2 ft� = Percent free floes weed atv = Average travel speed �Li�LIT`r,LE��L OF �EP'�IrE H�1JC�E��t�f� Trebilcock Consulting Solutions, PA Page 35 Immokalee Randall Commercial Subdistrict— GMPA &PUDZ Application — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page � 36 (D C7 n O n T.' n 0 r+ rq O O D Coirversion Rates for Trai�ic Impact Assessments ,a -•mot- ..f.. `" ! .• p �� A. � L1 �i n e 4� . TTlies e conv er�i on rate s shoal cl only he con clerecl wn en l o cal clata} FTC uT D i An ct 2ui dan ce or more sD ecifi c kn owl edge i s not avail al l e. Immokalee Randall Commercial Subdistrict— GMPA &PUDZApplication — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page � 38 Immokalee Randall Commercial Subdistrict— GMPA &PUD2 Application — Traffic Impact Statement —July 2023 Trebilcock Consulting Solutions, PA Page � 39 [oil d if 1 Prepared for: Hole Montes 950 Encore Way Naples, FL 34110 Phone: 239-254-2000 Collier County, Florida 4/25/2023 Prepared by: Trebilcocl< Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcockCc�trebilcock.biz Immokalee Randall Commercial Subdistrict —Fair-Share Mitigation for Concurrency Impacts —April 2023 • Th &I a 4t .' The proposed Immokalee Randall Commercial Subdistrict is in eastern Collier County. It is located on the south side of Immokalee Rd., west of its intersection with Randall Blvd. The development application seeks to allow up to 125,000 square feet (SF) of commercial space. The Traffic Impact Statement (TIS) analyzed 100,000 SF of mixed retail for concurrency and trip cap purposes. That intensity and use is projected to generate 389 PM Peak Hour two-way trips. The TIS demonstrated that another scenario involving 45,000 SF of mixed retail and 80,000 SF of self -storage would generate far fewer trips (187). That latter scenario did not create a significant impact on the road segment discussed in this report. The developer is responsible to pay appropriate fees required by the County's Road Impact Fee Ordinance, as building permits are issued for the proposed project. Roadway impact fees for the subject project are estimated at $1.38 million (Table 2) for 100,000 SF mixed retail at buildout (projected in 2028). The rates are based on the Collier County Residential Impact Fee Schedule dated April 1, 2023. For more details refer to Appendix A. Proposed internal roads, driveways, internal alleys, internal sidewalks/pathways, and interconnections to adjacent developments are site related improvements and are not subject to impact fee credits. In addition, the developer is required to provide appropriate turn lanes at project entrances as required at the time of site development approval. These improvements are considered site related. If turn lane improvements require the use of County's Right -of -Way (ROW) or easements, compensating ROW along the development frontage may need to be provided without cost to Collier County because of such improvement. Concurrency is a growth management concept intended to ensure that the necessary public facilities and services are available concurrent with the impacts of development. To maintain concurrency, forecasted future traffic volumes may not exceed adopted level of service on the roadway network (area of significant influence of the project). A roadway segment is considered adversely impacted by the project if its future background traffic volume meets the adopted level of service (LOS) standard and the segment becomes deficient with the addition of project traffic. The methodology used to calculate the applicant's proportionate fair share obligation towards concurrency requirements is described in a later section. In general, it estimates the project's consumption of any capacity that must be added due to a level of service failure created by the addition of project traffic. On road segments that are already six lanes, any further improvements will be in the form of intersection improvements. Current methodology is to provide an estimate of the proportionate fair share assuming traditional widening of the road (regardless of configuration) and then revise that by replacing widening costs by intersection improvement costs on six lane segments. The TIS identified the road segments on which the addition of project traffic is projected to cause a future level of service deficiency (distinct from segments that are projected to experience failing level of service before the project traffic is added). The methodology used to calculate the applicant's proportionate fair share obligation towards concurrency requirements is outlined in Florida Statutes (F.S.) Section 163.3180 (Concurrency) and FDOT Trebilcock Consulting Solutions, PA Page � 2 Immokalee Randall Commercial Subdistrict — Fair -Share Mitigation for Concurrency Impacts —April J (Florida Department of Transportation) — CUTR (Center for Urban Transportation Research) Model Ordinance for Proportionate Fair Share Mitigation of Development Impacts on Transportation Corridors. The proposed methodology is also consistent with the Collier County Land Development Code (LDC), Section 6.02.03. As illustrated in F.S. Section 163.3180 — (5)(h)2aI "the proportionate -share contribution shall be calculated based upon the number of trips from the proposed development expected to reach roadways during the peak hour from the stage or phase being approved, divided by the change in the peak hour maximum service volume of roadways resulting from construction of an improvement necessary to maintain or achieve the adopted level of service, multiplied by the construction cost, at the time of development payment, of the improvement necessary to maintain or achieve the adopted level of service". Proportionate Fair -Share = � [(Development Trips/Service Volume Increase) x Cost] Development Trips =those trips from the stage or phase of development under review that are assigned to a roadway segment and have triggered a deficiency. t This does not include the development trips on Service Volume Increase =service volume increase provided by the eligible improvement to roadway segment. Cost =adjusted cost of the improvement to roadway segment. Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. The roadway level of service analysis of the Immokalee Randall Commercial Subdistrict described in TIS assumed the presence of all capacity improvements scheduled to the end Collier County 5-Year Work Program. In Table 1, the first capacity listed is that future capacity and is described as "Unimproved" only to distinguish it from the proposed capacity improvement. Roadway service volumes in any future improved condition use the Collier County AUIR service volume multiplied by the ratio of LOS D service volumes shown in FDOT Generalized Service Volume Table 7 (Urban Condition, Class I Arterial, Appendix B) between the improved and unimproved cross sections (product rounded to the nearest hundred). That ratio reflects the effect of the additional lanes while keeping all other factors affecting service volume constant. Those other factors are reflected in the County's published service volume in the unimproved condition. The projected cost per lane mile is $4.27 million: $3.5 million construction cost from the Collier County Road Impact Fee Update Study dated October 2019, 11% of construction cost for design, and 11% of construction cost for CEL Table 1 contains the proportionate fair share contribution estimated for the one roadway segment on which the addition of project traffic triggers a level of service deficiency in the year 2028: Randall Blvd. from 8t" St NE to Everglades Blvd. The calculations that the table contains are performed with more decimal places than those displayed. Using only the displayed decimals will yield slightly different results. The contribution requirement for concurrency transportation related impacts total $0.332M. Trebilcock Consulting Solutions, PA Page � 3 fD C7 c� O n n O C D IQ t/) O_ C r+ O Z3 v a� rD Immokalee Randall Commercial Subdistrict— Fair -Share Mitigation for Concurrency Impacts —April u23 Table 2 contains the transportation impact fee estimate for ZOO,o00 Sr mixed retail. The impact fee schedule is in Appendix A. Table 2 —Impact Fee Estimate Road •. •. • Impact Fee per Unitm Fees TOTAL 11377,400 SOURCE: CC COMM IMPACT FEES --EFFECTIVE April 1, 2023; CC RESIDENTIAL IMPACT FEES --EFFECTIVE April 1, 2023. To mitigate the $o.332M impact, the proposed mitigation is impact fees of $1.377M. Trebilcock Consulting Solutions, PA Page � 5 Immokalee Randall Commercial Subdistrict— Fair -Share Mitigation for Con currency Impacts —April 2023 Trebilcock Consulting Solutions, PA Page � 6 V COLLIER CC)LTNTY CC)MMERCIAL IMPACT FEES EFFECTIVE APRIL 1, 2423 Cheater Naples Fire Changes LAND USE EMS GU`VDINGS BUMILDINGS JAIL, LAW ENFORCE MGNT ROAD TQTAL (ROT�rNDED) WATER, WASTEWATER. AND FIRE NOT INCLUDED (See P$ge 3) 13.60 Per Square Foot Auto Sales (Luxury) 0*08084 0053622 0028407 0032161 12038000 Auto Sales (New/Used) 0911538 0*76528 OA0542 0*45899 16.62200 18.37 Per Square Foot Bank/Savings: Drive -In** 0017896 1018697 0*62882 0.71191 21025400 23.96 Per Square Foot Bank/Savings: Walk -In** 0*17503 1*16094 0*61504 0969630 12,30000 14.95 Per Square Foot Business Park 0007535 0449978 0026477 0029975 11030100 12.44 Per Square Foot Car Wash - Automated 0.13814 0*91626 0*48540 0.54954 38*30300 40,39 Per Square Foot Car Wash - Self-Service 68029 452.92 239.94 271.65 11,848.00 12,880.80 Per Bay Church 2.35 15.62 8.27 9.37 286A0 321.61 Per Seat College - 7,500 students or less 7085 52.06 27.58 31.22 1,973.00 23,091.71 Per Student College = > 7,500 student 5649 36644 19.31 21.86 1,483.00 1,566.10EPer Student Convenience Stare (24 hours) 0042934 2084768 105086Z 1070795 82017000 88.66r Square Foot Convenience Store w/Gas: 4 or less Fuel Positions 341.43 2,264.61 1,199.72 1,358.24 based on sq $ range *5,164.00 Per Fuel Position 5-6 Fuel Positions 290.41 1,926= 1,020.46 1,15519 based on sq $ range *4,392.38 Per Fuel Position 7-8 Fuel Positions 258.23 1,712.77 907.37 1,027.27 based on sq $ range *3,905.64 Per Fuel Position 9-10 Fuel Positions 230.76 1,530.56 KOM 917.99 based on sq $ range *3,490.16 Per Fuel Position 1142 Fuel Positions 215.85 1,431.65 758.45 858066 based on sq $ range *3,264.61 Per Fuel Position 13 or more Fuel Positions 203.29 1,348.35 714.32 808.70 based on sq $ range *3,074.66 Per Fuel Position < 2,000 sq* fto based on # of fuel pos based on # of fuel pos based on # of fuel pos based on # of fuel pos 610910000 *6,910.00 Per Fuel Position 2,000 - 2099 sq. ft based on # of fuel pos based on # of fuel pos based on # of fuel pos based on # of fuel pos 8,25 2.00 *8,252.00 Per Fuel Position 3,000+ sgft based on # of fuel pos based on # of fuel pos based on # of fuel pos based on # of fuel pos 9,262.00 *9,262.00 Per Fuel Position Dance Studio/Gymnastics 0017425 1*15573 0061228 0669317 9032500 11.96 Per Square Foot Day Care 3.92 26.03 13.79 15.61 1,097.00 1,156.35 Per Student Furniture Store 0.01884 0*12494 0*06620 0007494 3.67400 3.96 Per Square Foot Golf Course 8437 562.25 297.86 33712 11,063.67 12,345.77 Per Hole Golf Course - Bundled 25.42 168.62 89.33 101.13 32318.94 3,703.44 Per Hole Home Improvement Store 0014Z07 0.94229 0.49919 0956515 8.51400 10.66FPer Square Foot Hospital 0010753 0671322 0.37784 0942777 9016800 10.79Square Foot Hotel 63058 421.69 220.63 252991 3,702.00 4,660.81 Per Room Hotel - All Suites 63.58 421.69 220063 25191 21974*00 3,932.81 Per Room Industrial - General Light 0.05416 0*35921 0.19030 0.21545 4.58400 5.40 Per Square Foot Manufacturing 0003925 0.26030 0*13790 0015612 3.62900 4.22 Per Square Foot Marina 14.91 98091 52.41 59.33 2,376.00 7,601,56 Per Dry/Wet Berth MinelCommercial Excavation - - - - 14.00 14.00 Per 1,000 Cubic Yards Mini -Warehouse 0000471 0*03124 0.01655 0.01873 0089100 0.96 Per Square Foot Motel 59065 395.66 209660 237.30 2,074.00 2,976.21 Per Room Movie Theater** 469.37 3,113.19 1,649.27 1,867.20 40,887.00:d 47,986.03 Per Screen M m C- mmomme O 77 n O Z3 r+ � ' m cn O r,; O n Ln COLLIER COUNTY COMMERCIAL IMPACT FEES EFFECTIVE APRIL 15 2023 Greater Naples Fire Changes eel LQ LANDUSE NI ursingHome EMS 82.41 GOVERNMENT BUILDINGS 546.63 JAIL 248.22 LAWENFORCENDENT 327.85 ROAD 1,276.00 2C)TAL (R�Il�7ED) WATEI; WASTEWATER. AND FIRE NOT INCLUDED (See Page 3) L - 2,481.11 Per Bed Office 6,000 sq. ft. or less 0007849 0.52060 0.27580 0031224 8o60500 9.79 Per Square Foot Office 6,001-100,000 sq. ft. 0009340 0.61951 0.32820 0.37157 8.60500 10.02 Per Square Foot Office 100,001-200,000 sq ft, 0.07927 0.5Z581 0.27856 0031536 8060500 9.80 Per Square Foot Office 200,001400,000 sq :ft* 0.06672 0.44251 0.23443 0.26540 8.60500 9061 Per Square Foot Office Greater than 400,000 sq. ft. 0006044 0640086 0021236 0024042 8060500 9.52 Per Square Foot Office - Medical 10,000 sf. or less 0008948 0059348 0631441 0035595 21.95500 23.31 Per Square Foot Office - Medical >10,000 sq. fL 0013029 0086420 0045783 0.51832 31044400 33.41 Per Square Foot Pharmacy/Drug Store 0015384 1002038 0054056 0061199 12061800 14.94 Per Square Foot Quick Lube 91.05 603.90 319.93 362.20 12,198.00 13,575.08 Per Bay Restaurant meFast Food wfDrive- Thru 0.69856 4.63334 2.45460 Z.77894 104.27200 114.84 Per Square Foot Restaurant meHigh Turnover** 21.19 140.56 74.46 84.30 1,814.00 2,134.51 Per Seat Restaurant - Low Tlimover** 17.27 114.53 60.68 68.69 11163000 1,424.17 Per Seat Restaurant - Fast Casual** 0669856 4063334 2.45460 2.77894 68.10700 78.67 Per Square Foot NONE Restaurant -Fast Food wiDrive- Thm (2 meals) 0.69856 4.63334 2.45460 2.77894 95.76200 106.33 Me Per Square Foot Retail 6,000 Sq Ft. or Less 0.19230 1.27547 0.67571 0.76499 5.73700 8.65 Per Square Foot Retail 6,001-25,000 Sq. Ft. 0.19230 1927547 0.67571 0.76499 10.56800 13.48 Per Square Foot Retail 25,001-50,000 Sq Re 0019230 1.27547 0.67571 0076499 13.77400 16.68 Per Square Foot Retail 50,001400,000 Sq Re 0019230 1.27547 0067846 0476499 13.77400 16.69 Per Square Foot Retail 100,001450,000 Sq. Re 0.19230 1.27547 0.62055 0.76499 13.77400 16.63 Per Square Foot Retail 15010001-200,000 Sq. Re 0.18759 1.24423 0.75845 0.74625 13.77400 16.71 Per Square Foot Retail 200,001400,000 Sq. Re 0.18367 1.21820 0064536 0973064 13077400 16.55 Per Square Foot Retail 400,001-600,000 Sq. Ft. 0.18210 1.20779 0.67295 0.72440 13.77400 16,56 Per Square Foot Retail 600,0014,000,000 Sq. Ft. 0.17032 1012970 0.66743 0.67756 13.77400 16.42 Per Square Foot Retail >1,000,000 Sq. Re 0.16404 1.08805 0.57642 0.65258 13.77400 16.26 Per Square Foot School - Elementary (Private) 4.71 31.24 16.55 18.73 815.00 886.23 Per Student School meMiddle (Private) 5.49 36.44 19.31 21.86 921.00 1,004.10 Per StudentNJ WON School me High School (Private) 6.28 41.65 Z2.07 24.98 983.00 1,077.98 Per Student Supermarket** 0016090 1006723 0.56539 0.64009 Z2.56900 25.00 Per Square Foot Tire Store 105.18 697.60 369.57 418.40 %318.00 10,908.75 Per Bay Warehouse 0002198 0.14577 0407722 0.08743 L59900 1.93 Per Square Foot * Fees for Convenience Store wJGas are determined by different criteria. Remember to include ALL fees when calculating **If in a shopping center, or if on an outparcel of a shopping center, use Retail land use. CITY OFNAPLES AND CITY OF MARCO ISLAND: Collier County Law Enforcement, Fire, Water and Sewer are not assessed. Check with the City for theiim r pact fees. CITY OF EVERGLADES: Collier County Road, Water and Sewer are not assessed. Immokalee Randall Commercial Subdistrict —Fair-Share Mitigation for con currency Impacts—Apri12023 Trebilcock Consulting Solutions, PA Page � 9 Immokalee Randall Commercial Subdistrict — Fair -Share Mitigation for Concurrency Impacts —April 2023 T ,e►LE r° Generalized PeaK Hour Direc Iona i volumes for Florida' Urbanized A,re85 Januarr2020 STATE SIGNALIZED ARTERLALS FREEWAYS Cass I (40 mph or hillier posted speed liaut) Care Urbanized ii Lanes Median B c D E Lanes B C D E 1 Un&rided 830 880 �* 2 27230 3,100 3, 740 4,080 2 Divided * L910 27000 3 3280 4.,570 5,620 6,130 3 Divided * 2.940 32020 4 4.310 6T030 7,490 8,170 4 Divided * 3,970 4,040 *'� 5 5.390 74 0 9370 10,?20 � y 6,380 8,990 11,51a 12,7C0 Class II (3 5 mph ©r slower pasted speed limit Lanes I ofedian B c D E Urbanized 1 Und ided * 370 750 800 Lanes B G D E 2 DiT►sided * 730 1,630 1,700 2 2V270 3,100 3,890 42230 3 DiToided 17170 27520 2,5+ 0 3 3,410 4,650 5,180 6,340 4 Divided 113610 3,390 3 V420 4 47550 6200 77680 87460 5 5,690 7,760 9,520 10.570 N. on �Statte Signalized Roadway Adjustments Freeway Adjustments (Altu corespIc &ng, staie ivlu men Awdhai Ramp b-;,r the indicated percent) Lane TAfte g Non -State &Fahzed Roadih ays -10 4 + t,poo M:iedian & Turn Lane Adjustments UNTEIiTERRUPTED FLOW ]EUGHWO AVS ExchMM, Exclumve Adjustment Lam Median Left Lane, Pi Lames Fa�ctars Lanes Median B C D E 1 Divdded Yes No 1 Undiiided 580 890 17200 113610 t Und1Tn'Led No No -��'0 2 Divided L800 21600 3,280 32730 b'�fWfi �Undi1!T6 Yes No -��l 3 Divided 2. �'00 3,9�00a 413920 57600 Multi �L. ndiornided o 1V o �.E5% Yes $ 55to Uninterrupted Flow Highway Adjustments Lanes bfe&m Excl�.mi T left lance ,AL 1wtment facto One-Wi ay Facilio _4Ajustment 1 DiTkzded Yes +5 Il�ultiply the cmespcodmg oliredio al �► _5�; L�� this p Nblti Un,di%ided. Yes {r° '�`CtLt : lIl this table by I_1 Nffidd U'�Tnded No 25 8+ BICT+CLE 11r1OI}E:1 Win M � - I 1 v1 NI :.• N �� 1; H � �1Ill ! YN Y .. :10 ' 4i \ ' J NN 1 Y ' ° � NI IM 1 YI M I i Y Y' P'aT.7 ed �li�ulder_IIBil�cle Lane Unrerage B c D 0-49% '� 150 3190 50_84`//i 1.10 3 1:1000 85-100 470 1,0100 1,000 P'EDE,STRIAI�T �IOI�Ei 1 11 N 11,11.q t IIrN ' 1 W �' \ n � VI IN If \ N � IIYY �Sid�valk C'a�rerage B C D E 0-49�•� � * 140 480 85400P°{fl 200 540 880 - 1,000 BUS MODE (Scheduled Fred Route)' � in peak her >;m peck clesecti,�.j a >Side�vall�. C;a�e�:,ge B C' D E 8540O > 4 _ 3 > 2 f 1 Tahei �".howme �e. ar•rQ..1�.rr�'3►1��e�k��a��s.3���r_.►nr���1,1 �-�M1.►.y�p{ �fy^ar 1�T1�s��fj.����� ac3 ► .:.. � rLi � �W-SJJL.Y1J�LiL1111F� {.iil�' Wii.�+ti iFN�'J` •'�~ �llSl1LW. 1 LJ ��Y.� '•i1V�J dWl. woa�r�e a '3 �n¢ :l�ul:� �e ►� �r� %r �ec�.1 �IaclL]iL a►�Ili':alr�aQ:, The rom .rr.•RT mMeh from ufi�b thLw t tole � � ,biro uld be � far more i �Gannina a�ll�:�rticc The tide bma aEMME, co=wai aiDiEt : LhonE cot be used fear coal' r cT iritesecdr.a ,ft:sj whEm mclm refte3 rr_ctrubques existcak-uhbom art ba oaplar:.nmg a�;Ucadc Ls of the lic"YA mr:d ch& Transit Cga1:r ~ anr` (ftmht7• of xi t Niam al. �aF.r � r►°er:iri�� rrt �r�t� of'�i�,�,.ti::G ,�r ��e�-trims uw� the ��~. , Fps OWE mWE are ULM Em- me fam¢ in Me 5ir.� Q� the �j trd"-l: M atUe*W92 iry=.'fR �V Cavil! brut S31UR . apgicnt~le fcr rim tAVVee1 clf I,niit?7 Vie. Fcr +;ohm auic�u� mode_ ereaM=bec%AIL= F iaer_ac.:e bees reacEzA. Fc{ � ti��tile �.,a�=_, r� le=► =I �f :-���e 1.� Lrace ir�lu¢icff F� is nit �.� Ie aecam&s there js T.��li:l£ ►°cI�t 1Ie."Lti113 7MILM4 tc3t11t:' iM4.UL ��alne,�nclr=_ aJ��Tt hl�. Flceid� ij?qa=finr cif Tr..aqoQt=-m �3:tern� ImblanAntalim ice bttps��!'��.f�o�t eo�rglaruin�.�sFstt�' Trebilcock Consulting Solutions, PA Page � 10 1""] JIM ---�-- Za tsurrtrc I PROPERTY LINE Western Perimeter Buffer GMA CPUD E 10 COMMERCIAL BUILDING 20 50 IN IN40 U0 m v— C.).) Z_ 1H11%11Cn HOLEMONTES ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS 950 Encore Way Naples, Florida 34110 Office: (239) 254-2000 Web: www.HoleMontes.com / www.HMEng.com Florida Certificate Of Authorization No. 1772 PROPERTY 9 � LINE 10 so Southern Perimeter Buffer GMA CPUD IN IN40 UM m v— C.).) Z_ 1H11%11Cn HOLEMONTES ENGINEERS I LANDSCAPE ARCHITECTS I PLANNERS I SURVEYORS 950 Encore Way Naples, Florida 34110 Office: (239) 254-2000 Web: www.HoleMontes.com / www.HMEng.com Florida Certificate Of Authorization No. 1772 rDAT�E� REVISIONS O4-28-2023 �i I 1, .1 i 8' WALL COMMERCIAL — ------ --------- 50' B U FF E R BUILDING PROPERTY U 2° LINE 10 so Southern and Western Perimeter Buffer Immokalee Randall CPUD L 1-IM� .e.......a.W�szvoo HOLEMONTES E M (L) U D O O MIZ M O (n O cam (v G � U_ 11,0 O � U O O Ch � L U Z� .� .0 O O C (L3 � 70 Q U L O D 0 O (n (n O U t� �i ------------ INDICATES SPECIAL TREATMENT OVERLAY SUBDIVISION N0. NAR1E 1 GOLDEH GATE ESTATES UN1T20 2 GOLDEH GATE ESTATES U111T23 3 UNR ZO,TR 25 REPEAT 1 TRACT 3, GOLDEN GATE ESTATES, UNIT N0.20 REPEAT 5 TRACT 4, GOLDEN GATE ESTATES, UNIT NO.20 REPLAT 6 7 9 9 to INDEX N0. NAME P.B. P9. 11 12 73 t/ 15Cn ,s 17 1a is zD GGE056 N M N 0?C�' w a j% 0 j; 5> j � 0 �a.itav �UVNJ `pa$wco9YC? o1 z�� M b#Lo� Z �M;0 Mn 0«NCO ON rNM �10W frm M O�c GG E04D 2 21 27 26 it FU 2 I i 1 71 O9 Do 107 103 115 11T 7J �J 91 10; tog 11; 129 ST III 129 247H AVENUE .E. 1J0 9'1 '105 110 123 131 y5 Od 03 104 111 122 1J1 t� 22ND AVENUE .E. U23 1J. ss 1]5 112 121 +� IIc 95 101 113 i10 136 1J"7 207H AVENUE .E. 1 J3 11!t iJ9 JJ 9, 101 if-t '9 gl 0' 100 115 14J 11 .S w-4 11J 141 AVENUE E. 11, s° 27 26 34 35 1& JU G BOUL V RD GGE05C THIS IS TO CERTIFY THAT THIS IS A PAGE OF THE OFFICIAL ZONING ATLAS REFERRED TO AND ADOPTED BY REFERENCE BY ORDINANCE NO. 04-41 OF THE COUNTY OF COLLIER, FLORIDA, ADOPTED JUNE 22, 2004, AS AMENDED BY THE ZONING NOTES AND SUBDIVISION INDEX REFERENCED HEREON, ATTEST CHAIRMAN CLERK U� � N O � W N COLLIER COUNTY, FLORIDA COMMUNITY DEVELOPMENT DIVISION TWP 48S RNG 27E SEC(S) 27 & 28 N SCALE o 9DD MAP NUMBER: GGE04B 1 1 i • 1 Encore Naples, FL 34110 Immokalee Randall CPUD Phone: (239) 2542000 Treatment Overlay Zones IHOLEMONTES Bowman company V Vi lj&AVAU R F Wq F I ICtUrbillm' Permittee: Project: Application No. Location: South Florida Water Management District Individual Environmental Resource Permit No. 11=108077-P Date Issued: January 13, 2023 GM Advisors LLC Collier County Board Of County Commissioners Immokalee Rd -Basin 8 220427-34180 Collier County, See Exhibit 1 Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency with the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents. This permit is subject to: • Not receiving a filed request for a Chapter 120, F.S., administrative hearing. • The attached General Conditions for Environmental Resource Permits. • The attached Special Conditions. • All referenced Exhibits. All documents are available online through the District's ePermitting site at www.sfwrnd. ov ittina. If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the District's action. The District does not publish notices of action. If you wish to limit the time within which a person may request an administrative hearing regarding this action, you are encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send a copy of the affidavit of publication provided by the newspaper to the District's West Palm Beach office for retention in this file. If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email epermits __sfwmd.gov. .J J l Rich Batewell, III, P.E. Section Administrator Permittees: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board Of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Permit No: 11-108077-P, Page 2 of 18 South Florida Water Management District Individual Environmental Resource Permit No. 11-108077-P Date Issued. January 13, 2023 Expiration Date. January 13, 2028 Project Name: Immokalee Rd -Basin 8 Permittees: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board Of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Operating Entity: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board Of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Location: Collier County Permit Acres: 8.02 acres Project Land Use: Transportation Special Drainage District: N/A Water Body Classification: CLASS III CLASS I I I FDEP Water Body ID: 3278S 3278D Wetland and Surface Water Impacts: 0.01 acres Conservation Easement to District: Sovereign Submerged Lands: No Project Summary This Environmental Resource Permit authorizes the Construction and Operation of a stormwater management (SWM) system serving 8.02 acres of transportation development known as Immokalee Road -Basin 8. The project proposes to relocate the existing dry detention system to southeast of the existing pond. The SWM system will also be converted system to a wet detention system discharging to the Corkscrew Canal. a parcel immediately from a dry detention Construction of additional storm sewer piping is proposed to convey the runoff from the roadway to the new pond. The existing pond outfall to the north into the Cocohatchee Canal will be plugged. Site plans are attached as Exhibit Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C. Permit No: 11-108077-P7 Page 3 of 18 Site Description The site is located on the south side of Immokalee Road, just west of the Corkscrew Canal, in Naples, Collier County, FL. Refer to Exhibit No. 1.0 for a location map. The site for the proposed pond is vacant land. The existing dry detention pond was constructed under Permit No. 11-01737-P. For information On wetland and surface water impacts, please see the Wetlands and Other Surface Water section of this permit. Background: Permit No. 11-01737-P, Application No. 040423-23, issued June 3, 2004, authorized the Construction and Operation of a SWM system serving a 7.9-mile segment of Immokalee Road, between Collier Boulevard and 43rd Avenue NE, with discharge into waters of the Cocohatchee Canal. Ownership, Operation, and Maintenance Perpetual operation and maintenance of the stormwater management system will be the responsibility of GM Advisors, LLC and Collier County Board Of County Commissioners. Upon conveyance or division of ownership or control of the property or the system, the permittee must notify the Agency in writing within 30 days, and the new owner must request transfer of the permit. A Land Exchange Agreement (Exhibit 4.0) has been provided by the Permittees to relocate the existing dry detention system to a parcel immediately southeast of the existing pond. Engineering Evaluation: Water Quality The project provides 1.41 ac-ft of water quality treatment for the 12.63 Immokalee Road. The stormwater management system complies Environmental Resource Permit Applicant's Handbook Volume II. -acre contributing basin from with Section 4.2.1 of the The project includes implementation of an Erosion Control Plan (Exhibithlhlf No. 2.0), a Construction Pollution Prevention Plan (Exhibit No. 2.0, page 2), and an Urban Stormwater Management Program (Exhibit No. 2.0, page 2) as additional reasonable assurance of compliance with water quality criteria during construction and operation. Water Quantity The project site discharges to the Corkscrew Canal. Discharge As found in Water Quanti for the area. ty Data Table on page 6, the project discharge is within the allowable limit Road Design As found in Water Quantity Data Table on page 6, minimum road center line elevations have been set at or above the calculated design storm flood elevation. Perimeter Berm As found in the Water Quantity Data Table on page 6, minimum have been set at Or above the calculated design storm flood elevation. imeter elevations perberm Certification, Operation, and Maintenance Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project Permit No: 11-108077-P, Page 4 of 18 is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1 - 1203) ERP AH Vol. I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2)3 F.S., unless revoked or abandoned, all works permitted under Part IV of Chapter 373, F.S., must be operated perpetuity. SWM systems and and maintained in The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4, ERP AH Vol. I for Minimum Operation and Maintenance Standards. Notable project components requiring routine inspection and maintenance may include but are not limited to: • Side slopes for sfiormwater lakes and ponds —maintain side slopes no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation and nurtured or planted from 2.0 feet below to 1.0 feet above the control elevation pursuant to Section 5.4.2, ERP AH Vol. II. • Conveyance pipes, conveyance structures and discharge structures — all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Exfiltration trenches — all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Swales — maintain the permitted cross-section and vegetative cover. • Underground storage facilities — all facilities must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Pumps — float switches should be inspected and any obstructions removed to ensure proper operation; intake and discharge pipes should be maintained clear of trash, sediment and vegetative debris; motors should be maintained to ensure proper operation. Permit No: 11-108077-P, Page 5 of 18 Engineering Evaluation Tables: Land use Basin Water Quality Basin Type Land Type Impervious Wet Detention Area (ac) of Total Basin 2.35 29.30 Pervious 1.98 f Dry Detention Areas � 3.26 24.69 40.65 Total: 8.02 100% , Treatment System Volume Required (ac-ft) Volume Provided (ac-ft) Area (ac) Site work area � TreatmentDETENTION 1.41 3.94 2.35 Water Quantity Basin Site work area Elevation Storm Type � Event (Yr/Day) Perimeter Berm/ 25YR3D Discharge Road Crown 10YR1 D F Precipitation € Peak Stage (ft Depth (in) NGVD29) 15.37 Overflow Elevation (ft NGVD29) Min. EL (ft Peak � Allowable NGVD29) Discharge Discharge Rate Rate (cfs) (cfs) 16.00 20.38 39077 7.10 14.79 16.75 � N/A Bleeder Control EL (ft I Structure Structure ! Invert EL (ft r Receiving Count Type z Dia.(in) I Basin NGVD29) # Type I NGVD29) Body Site work 13.00 OCS-8 Water 1 Circular 3.00 13.00 Corkscrew I area Quality f Orifice Canal F r Inlets I Control EL (ft Structure Structure =Length I Width Crest EL (ft Receiving Basin I Count Type I i5 NGVD29) # Type (in) (in) 4 NGVD29) [$= Body Site work _ ..__.._._..._...__t _ FDOT MOD D€Corkscrew 13400 OCS 8 Discharge 1 INLET 3700 1 4900 15050 area f ( Canal 3 3 Weir Basin � Control EL (ft ' Structure � Structure Count Type NGVD291 i # � Tvae Site work area 1[C�II17 OCS-8 Discharge 2 Rectangular Rectangular Width € Height � Crest EL (ft Receiving (in) (in) NGVD29) � Body 36.00 10.80 14.60 Corkscrew 48.00 � 10.80 14.60 Canal Permit No: 11-108077-P, Page 6 of 18 Environmental Evaluation: There are no wetlands located within the project site. The site contains 1.32 acres of other surface waters, which is the Corkscrew Canal on the eastern portion of the site. See attached FLUCCS Map, Exhibit 3.0. The project will result in 0.01. acres of other surface water impacts as a result of the installation of an outfall structure to the Corkscrew Canal, see table table below. Please see SWM Plans, Exhibit 2.0 for the location of the outfall structure. No mitigation is required, pursuant to Section 10.2.2.2 of Volume I. Fish, Wildlife, and Listed Species The wetlands or surface waters to be impacted provide minimal habitat for wetland -dependent species. A Listed Species Survey was conducted on March 24, 2022, July 27, 2022 and July 16, 2022, and no listed species were observed on site. Submitted information indicates that potential use of the site by such species is minimal. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if, in the future, endangered or threatened species or species of special concern are discovered on the site. Permit No: 11-108077-P, Page 7 of 18 Environmental Evaluation Tables: Summary Wetlands and Other Surface Waters: 0.01 acres Direct Impacts: 0.01 acres Secondary impacts: 0 acres Net UMAM Functional Loss/ Gain: 0 units Total Onsite Mitigation Area: 0 acres Total Offsite Mitigation Area: 0 acres Total Mitigation Bank Credits Provided Mitigation Bank Type Total Credits 0 otal: 0 Group 1 Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank ID +AcreslAction Community Description Current Score With Project Score UMAM Loss OS.01 IDirect Impact Ditches and Canals 0.000 Total: 0001 00000 Permit No: 11-108077-P, Page 8 of 18 Related Concerns: Water use Permit Status The applicant has indicated that irrigation is not required for construction of this project. The applicant has indicated that dewatering is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. Historical/ Archeological Resources The District received correspondence from the Florida Department of State, Division of Historical Resources on July 29, 2022, indicating that no significant archaeological or historical resources are recorded on the project site; therefore, the project is unlikely to have an effect upon any such resources. This permit does not release the permittee from complying with any other agencies requirements in the event that historical and/or archaeological resources are found on the site. Right of Way Permit Right -of -Way Application No. 220822-35666 has been submitted for this project, for the outfall structure in the Cypress Canal. Issuance of this permit does not constitute authorization to perform any work or install any improvements within the District's right of way (a.k.a. "Works of the )istrict"). Work or improvements within the District's right of way must be authorized by a separate Right of Way Occupancy Permit. Failure to obtain authorization to perform work or install improvements within the District's right of way shall require modification of this permit, as may be required, to ensure that all proposed work is and improvements are situated outside of the District's right of way. Permit No: 11-108077-P, Page 9 of 18 General Conditions for Individual Environmental Resource Permits, 62=330.350, F.A.C. 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violations of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October 1, 2013), (http://www.flrules.org/Gateway/reference.asp?No=Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required. 5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit"[Form 62-330.310(3)]; or b. For all other activities- "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume 1) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as -built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity" Permit No: 11-108077-P, Page 10 of 18 [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 2581 F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed . 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under RUIe 62-330.2011 F.A.C., provides otherwise. Permit No: 11-108077-P, Page 11 of 18 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 1 to This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Permit No: 11-108077-P, Page 12 of 18 Special Conditions for Individual Environmental Resource Permits, 62=330.350, F.A.C. 1. The construction authorization for this permit shall expire on the date shown on page 2. 2. Operation and maintenance Of the stormwater management system shall be the responsibility of GM Advisors, LLC and Collier County Board Of County Commissioners. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property of the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C. 3. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth. 4. Astable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre -construction meeting with field representatives, consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other local government entities as necessary. The purpose of the pre -construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre -construction meeting, please contact ERB staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: precon@sfwmd.gov. When sending a request for a pre -construction meeting, please include the application number, permit number, and contact name and phone number. 6. This permit does not authorize the permittee to cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A.27 of the Florida Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to: FWCConservationPlanningServices@MyFWC.com. Permit No: 11-108077-P, Page 13 of 18 Project Work Schedule for Permit No. 11=1 UBW [=P The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific Conditions for more information. Any deviation from these time frames will require prior approval from the District's Environmental Resources Bureau and may require a modification to this permit. Such requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and (3) progress report on the status of the project. Condition No. Date Added Description (Application Number) GC 4 01/13/2023 €Construction Commencement Notice GCw601/13/2023 ;Submit Certification s _ GC 7 01/13/2023 1 Submit Operation Transfer Request { SC 5 101 /13/2023 Pre -Construction Meeting E GC =General Condition SC =Special Condition Due Date rior Pto Construction 30 Days After Construction Completion Within 30 days of Certification Prior to Construction i Date Satisfied Permit No: 11-108077-P, Page 14 of 18 Distribution List Blair Foley, Blair Foley, PE, LLC Audubon of Florida Div of Recreation and Park -District 4 US Army Corps of Engineers -Permit Section Permit No: 11-108077-P, Page 15 of 18 Exhibits The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website at http://my.sfwmd.gov/ePermitting and searching under this application number 220427-34180 . Exhibit No. 1.0 Location Ma Exhibit No. 2.0 SWM Plans Exhibit No. 3.0 FLUCCS Ma Exhibit No. 4.0 Land Swaq Agreement (Recorded Permit No: 11-108077-P, Page 16 of 18 F RIGHTS As required by Chapter 120, Florida Statutes, the following provides notice of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights. A person whose substantial interests are or may be affected by the South Florida Water Management District's (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119 (1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code. Any person to whom an emergency order is Statutes, shall comply therewith immediately, hearing as soon as possible. irected Section Florida dpursuant to 373.119(2), but on petition to the board shall be afforded a A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District's headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. • Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request Permit No: 11-108077-P, Page 17 of 18 District's Clerk's office will receive and process the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. INITIATION OF ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other District identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner, petitioner's attorney or qualified representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the District's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal. e. Permit No: 11-108077-P, Page 18 of 18 Permittee: Project: Application No. Location: South Florida Water Management District Individual Environmental Resource Permit No. 11-108077-P Date Issued: January 13, 2023 G M Advisors LLC Collier County Board Of County Commissioners Immokalee Rd -Basin 8 220427-34180 Collier County, See Exhibit 1 Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency i wth the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents. This permit is subject to: • Not receiving a filed request for a Chapter 120, F.S., administrative hearing. • The attached General Conditions for Environmental Resource Permits. • The attached Special Conditions. • All referenced Exhibits. All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting. If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights", we will assume that you concur with the District's action. The District does not publish notices of action. If you wish to limit the time within which a person Mn request an administrative hearing regarding this action, you are encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send a copy of the affidavit of publication provided by the newspaper to the District's West Palm Beach office for retention in this file. If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email epermits __sfwmd.gov. Rich Batewell, III, P.E. Section Administrator Permittees: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board Of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Permit No: 11-108077-P, Page 2 of 18 South Florida Water Management District Individual Environmental Resource Permit No. I I =1 o8077-P Date Issued: January 133 2023 Expiration Date: January 133 2028 Project Name: Immokalee Rd -Basin 8 Permittees: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board Of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Operating Entity: GM Advisors LLC 434 Terracina Ct. Naples, FL 34120 Collier County Board of County Commissioners 2885 South Horseshoe Drive Naples, FL 34104 Location: Collier County Permit Acres: 8.02 acres Project Land Use: Transportation Special Drainage District: N/A Water Body Classification: CLASS III CLASS I I I FDEP Water Body ID: 3278S 3278D Wetland and Surface Water Impacts: 0.01 acres Conservation Easement to District: No Project Summary This Environmental Resource Permit authorizes the Construction and Operation of a stormwater management (SWM) system serving 8.02 acres of transportation development known as Immokalee Road -Basin 8. The project proposes to relocate the existing dry detention system to a parcel immediately southeast of the existing pond. The SWM system will also be converted from a dry detention system to a wet detention system discharging to the Corkscrew Canal. Construction of additional storm sewer piping is proposed to convey the runoff from the roadway to the new pond. The existing pond outfall to the north into the Cocohatchee Canal will be plugged. Site plans are attached as Exhibit No. 2.0. Issuance of this permit constitutes certification of compliance with state water quality standards in accordance with Rule 62-330.062, F.A.C. Permit No: 11-108077-P, Page 3 of 18 Site Description The site is located on the south side of Immokalee Road, just west of the Corkscrew Canal, in Naples, Collier County, FL. Refer to Exhibit No. 1.0 for a location map. The site for the proposed pond is vacant land. The existing dry detention pond was constructed under Permit No. 11-01737-P. For information on wetland and surface water impacts, please see the Wetlands Cl" Other Surface Water section of this permit. Background: Permit No. 11-01737-P, Application No. 040423-23, issued June 3, 2004, authorized the Construction and Operation of a SWM system serving a 7.9-mile segment of Immokalee Road, between Collier Boulevard and 43rd Avenue NE, with discharge into waters of the Cocohatchee Canal. Ownership, Operation, and Maintenance Perpetual operation and maintenance of the stormwater management system will be the responsibility of GM Advisors, LLC and Collier County Board Of County Commissioners. Upon conveyance or division of ownership or control of the property or the system, the permittee must notify the Agency in writing within 30 days, and the new owner must request transfer of the permit. A Land Exchange Agreement (Exhibit 4.0) has been provided by the Permittees to relocate the existing dry detention system to a parcel immediately southeast of the existing pond. Engineering Evaluation: Water Quality The project provides 1.41 ac-ft of water quality treatment for the 12.63-acre contributing basin from Immokalee Road. The stormwater management system complies with Section 4.2.1 of the Environmental Resource Permit Applicant's Handbook Volume II. The project includes implementation of an Erosion Control Plan (Exhibit No. 2.0), a Construction Pollution Prevention Plan (Exhibit No. 2.0, page 2), and an Urban Stormwater Management Program (Exhibit No. 2.0, page 2) as additional reasonable assurance of compliance with water quality criteria during construction and operation. Water Quantity The project site discharges to the Corkscrew Canal. Discharge As found in Water Quantity Data for the area. Table on page 6, the project discharge is within the allowable limit Road Design As found in Water Quantity Data Table on page 6, minimum road center line elevations have been set at or above the calculated design storm flood elevation. Perimeter Berm As found in the Water Quantity Data Table on page 6, minimum have been set at or above the calculated design storm flood elevation. perimeter berm elevations Certification, Operation, and Maintenance Pursuant to Chapter 62-330.310, F.A.C., Individual Permits will not be converted from the construction phase to the operation phase until construction completion certification of the project Permit No: 11-108077-P, Page 4 of 18 is submitted to and accepted by the District. This includes compliance with all permit conditions, except for any long term maintenance and monitoring requirements. It is suggested that the permittee retain the services of an appropriate professional registered in the State of Florida for periodic observation of construction of the project. For projects permitted with an operating entity that is different from the permittee, it should be noted that until the construction completion certification is accepted by the District and the permit is transferred to an acceptable operating entity pursuant to Sections 12.1 - 12.31 ERP AH Vol. I and Section 62-330.310, F.A.C., the permittee is liable for operation and maintenance in compliance with the terms and conditions of this permit. In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in perpetuity. The efficiency of SWM systems, dams, impoundments, and most other project components will decrease over time without periodic maintenance. The operation and maintenance entity must perform periodic inspections to identify if there are any deficiencies in structural integrity, degradation due to insufficient maintenance, or improper operation of projects that may endanger public health, safety, or welfare, or the water resources. If deficiencies are found, the operation and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent compromises to flood protection and water quality. See Section 12.4, ERP AH Vol. I for Minimum Operation and Maintenance Standards. Notable project components requiring routine inspection and maintenance may include but are not limited to: • Side slopes for stormwater lakes and ponds —maintain side slopes no steeper than 4:1 (horizontal:vertical) to a depth of 2.0 feet below the control elevation and nurtured or planted from 2.0 feet below to 1.0 feet above the control elevation pursuant to Section 5.4.2, ERP AH Vol. II. • Conveyance pipes, conveyance structures and discharge structures —all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Exfiltration trenches — all pipes and structures must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Swales — maintain the permitted cross-section and vegetative cover. • Underground storage facilities — all facilities must be inspected for structural integrity and be maintained clear of trash, sediment and vegetative debris. • Pumps — float switches should be inspected and any obstructions removed to ensure proper operation; intake and discharge pipes should be maintained clear of trash, sediment and vegetative debris; motors should be maintained to ensure proper operation. Permit No: 11-108077-P, Page 5 of 18 Engineering Evaluation Tables: Land use Basin Water Quality Basin Treatment Type Site work area Treatment Water f_l� �antity Basin Elevation Type Land Type Impervious Area (ac) of Total Basin Wet Detention 2.35 29.30 t Pervious 1.98 24.69 Dry Detention Areas 3.26 40.65 Total: s 8.02 Treatment System WET DETENTION Volume Required (ac=ft) 1.41 Storm I 1 Event � Precipitation � Peak Stage (ft (Yr/Day) Depth (in) i NGVD29) x x Volume Provided (ac-ft) 3.94 100% Area (ac) i � Min. EL (ft NGVD29) I z (( Perimeter 3i?¢ 1 Site work Berm/ 25YR3D 1 11.70 15.37 16.00 Discharge 1 area g Road Crown 10YR1 D� { �7.10 � 14.79 16.75 Overflow Elevation (ft NGVD29) 14.60 i Peak Discharge Rate (cfs) 20.38 Allowable Discharge Rate (cfs) 39.77 NIA �._._ M Control EL (ft � Structure Structure � � ���� Invert EL (ft Receiving �' Basin a � � Count � Type Dia.(in) 1 NGVD29) # I Type i NGVD29) Body { Site work � 1 Water Circular i i Corkscrew ' 13.00 OCS-8 i 1 1 3.00 13.00 1 area r Quality i Orifice Canal a g 5 Basin Inlets Control EL (ft S ucture Structure Count Type 6 Length 1 Width Crest EL (ft Receiving I � NGVD29) # Type (in) (in) NGVD29) Body Site work area Weir Basin Site work area 13.00 OCS-8 Discharge � FDOT MOD D Corkscrew 1 INLET 37.0 49.0 15.50 Canal i Control EL (ft Structure � Structure Count NGVD29) � # � Type 2 13.00 OCS-8 Discharge Type Rectangular 1 Rectangular Width � Height Crest EL (ft Receiving (in) (in) � NGVD29) � Body 36.00 10.80 14.60�~ Corkscrew I Canal 48.00 10.80 14.60 i Permit No: 11-108077-P, Page 6 of 18 Environmental Evaluation: There are no wetlands located within the project site. The site contains 1.32 acres of other surface waters, which is the Corkscrew Canal on the eastern portion of the site. See attached FLUCCS Map, Exhibit 3.0. The project will result in 0.01. acres of other surface water impacts as a result of the installation of an outfall structure to the Corkscrew Canal, see table table below. Please see SWM Plans, Exhibit 2.0 for the location of the outfall structure. No mitigation is required, pursuant to Section 10.2.2.2 of Volume I. Fish, Wildlife, and Listed Species The wetlands or surface waters to be impacted provide minimal habitat for wetland -dependent species. A Listed Species Survey was conducted on March 24, 2022, July 27, 2022 and July 16, 2022, and no listed species were observed on site. Submitted information indicates that potential use of the site by such species is minimal. This permit does not relieve the applicant from complying with all agencies' requirements if, in the future, endangered or threatened concern are discovered on the site. applicable rules and any other species or species of special Permit No: 11-108077-P, Page 7 of 18 Environmental Evaluation Tables: Summary Wetlands and Other Surface Waters: 0.01 acres Direct Impacts: 0.01 acres Secondary impacts: 0 acres Net UMAM Functional Loss/ Gain: 0 units Total Onsite Mitigation Area: 0 acres Total Offsite Mitigation Area: 0 acres Total Mitigation Bank Credits Provided Mitigation Bank Type Total Credits 0 otal: 0 Group 1 Activities in Wetlands or Other Surface Waters, Not Including Mitigation at a Bank ID Acres Action lCommunity Description Current Score With Project Score UMAM Loss OSW1 0.01 IlDirect Impact IlDitches and Canals 0.000 Total: 0.01 00000 Permit No: 11-108077-P, Page 8 of 18 Water Use Permit Status The applicant has indicated that irrigation is not required for construction of this project. The applicant has indicated that dewatering is not required for construction of this project. This permit does not release the permittee from obtaining all necessary Water Use authorizations) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation. Historical/ Archeological Resources The District received correspondence from the Florida Department of State, Division of Historical Resources on July 29, 2022, indicating that no significant archaeological or historical resources are recorded on the project site; therefore, the project is unlikely to have an effect upon any such resources. This permit does not release the permittee from complying with any other agencies requirements in the event that historical and/or archaeological resources are found on the site. Right of Way Permit Right -of -Way Application No. 220822-35666 has been submitted for this project, for the outfall structure in the Cypress Canal. Issuance of this permit does not constitute authorization to perform any work or install any improvements within the District's right of way (a.k.a. "Works of the District"). Work or improvements within the District's right of way must be authorized by a separate Right of Way occupancy Permit. Failure to obtain authorization to perform work or install improvements wifihin the District's right of way shall require modification of this permit, as may be required, to ensure that all proposed work is and improvements are situated outside of the District's right of way. Permit No: 11-108077-P, Page 9 of 18 General Conditions for Individual Environmental Resource Permits, 62=330.350, F.A.C. 1. All activities shall be implemented following the plans, specifications and performance criteria approved by this permit. Any deviations must be authorized in a permit modification in accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject the permittee to enforcement action and revocation of the permit under Chapter 373, F.S. 2. A complete copy of this permit shall be kept at the work site of the permitted activity during the construction phase, and shall be available for review at the work site upon request by the Agency staff. The permittee shall require the contractor to review the complete permit prior to beginning construction. 3. Activities shall be conducted in a manner that does not cause or contribute to violafiions of state water quality standards. Performance -based erosion and sediment control best management practices shall be installed immediately prior to, and be maintained during and after construction as needed, to prevent adverse impacts to the water resources and adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and Sediment Control Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida Department of Transportation, June 2007), and the Florida Stormwater Erosion and Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific erosion and sediment control plan is approved or other water quality control measures are required as part of the permit. 4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October 13 2013), (http://www.fl rules. org/Gateway/reference. asp ?,No= Ref-02505), incorporated by reference herein, indicating the expected start and completion dates. A copy of this form may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., and shall be submitted electronically or by mail to the Agency. However, for activities involving more than one acre of construction that also require a NPDES stormwater construction general permit, submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of commencement of construction under this chapter and, in such a case, submittal of Form 62-330.350(1) is not required. 5. Unless the permit is transferred under rule 62-330.340, F.A.C., or transferred to an operating entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and conditions of the permit for the life of the project or activity. 6. Within 30 days after completing construction of the entire project, or any independent portion of the project, the permittee shall provide the following to the Agency, as applicable: a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex- "Construction Completion and Inspection Certification for Activities Associated With a Private Single -Family Dwelling Unit"[Form 62-330.310(3)]; or b. For all other activities- "As -Built Certification and Request for Conversion to Operational Phase" [Form 62-330.310(1)]. c. If available, an Agency website that fulfills this certification requirement may be used in lieu of the form. 7. If the final operation and maintenance entity is a third party: a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance, or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4 of Volume 1) as filed with the Florida Department of State, Division of Corporations, and a copy of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded with the Clerk of the Court in the County in which the activity is located. b. Within 30 days of submittal of the as -built certification, the permittee shall submit "Request for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance Entity" Permit No: 11.108077-P, Page 10 of 18 [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity, along with the documentation requested in the form. If available, an Agency website that fulfills this transfer requirement may be used in lieu of the form. 8. The permittee shall notify the Agency in writing of changes required by any other regulatory agency that require changes to the permitted activity, and any required modification of this permit must be obtained prior to implementing the changes. 9. This permit does not: a. Convey to the permittee any property rights or privileges, or any other rights or privileges other than those specified herein or in Chapter 62-330, F.A.C.; b. Convey to the permittee or create in the permittee any interest in real property; c. Relieve the permittee from the need to obtain and comply with any other required federal, state, and local authorization, law, rule, or ordinance; or d. Authorize any entrance upon or work on property that is not owned, held in easement, or controlled by the permittee. 10. Prior to conducting any activities on state-owned submerged lands or other lands of the state, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the permittee must receive all necessary approvals and authorizations under Chapters 253 and 258, F.S. Written authorization that requires formal execution by the Board of Trustees of the Internal Improvement Trust Fund shall not be considered received until it has been fully executed . 11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or liabilities that may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any project authorized by the permit. 12. The permittee shall notify the Agency in writing: a. Immediately if any previously submitted information is discovered to be inaccurate; and b. Within 30 days of any conveyance or division of ownership or control of the property or the system, other than conveyance via a long-term lease, and the new owner shall request transfer of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots or units in residential or commercial subdivisions or condominiums where the stormwater management system has been completed and converted to the operation phase. 13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have permission to enter, inspect, sample and test the project or activities to ensure conformity with the plans and specifications authorized in the permit. 14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the vicinity of the discovery. The permittee or other designee shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting agency office. Project activities shall not resume without verbal or written authorization from the Division of Historical Resources. If unmarked human remains are encountered, all work shall stop immediately and the proper authorities notified in accordance with section 872.05, F.S. For project activities subject to prior consultation with the DHR and as an alternative to the above requirements, the permittee may follow procedures for unanticipated discoveries as set forth within a cultural resources assessment survey determined complete and sufficient by DHR and included as a specific permit condition herein. 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit application, including plans or other supporting documentation, shall not be considered binding unless a specific condition of this permit or a formal determination under Rule 62-330.2011 F.A.C., provides otherwise. Permit No: 11-108077-P, Page 11 of 18 16. The permittee shall provide routine maintenance of all components of the stormwater management system to remove trapped sediments and debris. Removed materials shall be disposed of in a landfill or other uplands in a manner that does not require a permit under Chapter 62-330, F.A.C., or cause violations of state water quality standards. 17. This permit is issued based on the applicant's submitted information that reasonably demonstrates that adverse water resource -related impacts will not be caused by the completed permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate the cause, obtain any necessary permit modification, and take any necessary corrective actions to resolve the adverse impacts. 18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public records in accordance with Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance upon the property. Permit No: 11-108077-P, Page 12 of 18 Special Conditions for Individual Environmental Resource Permits, 62=330.350, F.A.C. 1. The construction authorization for this permit shall expire on the date shown on page 2. 2. Operation and maintenance of the stormwater management system shall be the responsibility of GM Advisors, LLC and Collier County Board Of County Commissioners. The permittee shall notify the Agency in writing within 30 days of any conveyance or division of ownership or control of the property of the system, and the new owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C. 3. Lake side slopes shall be no steeper than 4:1 (horizontal vertical) to a depth of two feet below the control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth. 4. Astable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 5. Prior to initiating construction activities associated with this Environmental Resource Permit (ERP), the permittee is required to hold a pre -construction meeting with field representatives, consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other local government entities as necessary. The purpose of the pre -construction meeting is to discuss construction methods, sequencing, best management practices, identify work areas, staking and roping of preserves where applicable, and to facilitate coordination and assistance amongst relevant parties. To schedule a pre -construction meeting, please contact ERB staff from the Fort Myers Service Center at (239) 338-2929 or via e-mail at: precon@sfwmd.gov. When sending a request for a pre -construction meeting, please include the application number, permit number, and contact name and phone number. 6. This permit does not authorize the permittee fio cause any adverse impact to or "take" of state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the take of fish and wildlife is the responsibility of the owner or applicant associated with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected and a "take" permit cannot be issued. Requests for further information or review can be sent to: FWCConservationPlanningServices@MyFWC.com. Permit No: 11-108077-P, Page 13 of 18 Project Work Schedule for Permit No. 11-108077=P The following activities are requirements of this Permit and shall be completed in accordance with the Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific Conditions for more information. Any deviation from these time frames will require prior approval from the District's Environmental Resources Bureau and may require a modification to this permit. Such requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish and/or completion dates, and (3) progress report on the status of the project. Condition No. GC 4 GC 6 GC 7 SC 5 Date Added i Description (Application Number) 01/13/2023 ;Construction Commencement Notice 01 /13/2023 Submit Certification 3 01/13/2023 Submit Operation Transfer Request 01/13/2023 Pre -Construction Meeting GC =General Condition SC =Special Condition Due Date Prior to Construction i 30 Days After Construction Completion Within 30 days of Certification Prior to Construction Date Satisfied Permit No: 11-108077-P, Page 14 of 18 Distribution List Blair Foley, Blair Foley, PE, LLC Audubon of Florida Div of Recreation and Park -District 4 US Army Corps of Engineers -Permit Section Permit No: 11-108077-P, Page 15 of 18 Exhibits The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below or by visiting the District's ePermitting website at http://my.sfwmd.gov/ePermitting and searching under this application number 220427-34180 . Exhibit No. 1.0 Location Ma Exhibit No. 2.0 SWM Plans Exhibit No. 3.0 FLUCCS Ma Exhibit No. 4.0 Land Swaq Aareement (Recorded Permit No: 11-108077-P, Page 16 of 18 ICE OF RIGHTS As required by Chapter 120, Florida Statutes, the following provides notice Of the opportunities which may be available for administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Some of the legal proceedings detailed below may not be applicable or appropriate for your situation. You may wish to consult an attorney regarding your legal rights. A person whose substantial interests are or may be affected by the South Florida Water Management District's (District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a hearing on a District decision which affects or may affect their substantial interests shall file a petition for hearing in accordance with the filing instructions set forth herein within 21 days of receipt of written notice of the decision unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Florida Statutes; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119 (1), Florida Statutes. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, posting, or publication that the District has taken or intends to take final agency action. Any person who receives written notice of a District decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action that materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code. Any person to whom an emergency order is Statutes, shall comply therewith immediately, hearing as soon as possible. irected Section Florida dpursuant to 373.119(2), but on petition to the board shall be afforded a A person may file a request for an extension of time for filing a petition. The District may grant the request for good cause. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and whether the District and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at the District's headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. • Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the District's security desk does not constitute filing. It will be necessary to request e. Permit No: 11-108077-P, Page 17 of 18 District's Clerk's office will receive and process the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. INITIATION OF ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201 and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: 1. Identification of the action being contested, including the permit number, application number, District file number or any other District identification number, if known. 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner, petitioner's attorney or qualified representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the District's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the District's proposed action. 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the District's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and Rules 28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not proposing mediation for this agency action under Section 120.573, Florida Statutes, at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal with the Office of the District Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the appropriate district court of appeals via the Florida Courts E-Filing Portal. Rev. 1/16/20 _ Permit No: 11-108077-P, Page 18 of 18 m v I T U I I AUTHORIZING: LOCATED IN: ISSUED TO: (NON -ASSIGNABLE) Date Issued: February 13 2023 36-INCH CULVERT, FILL, AND RIP -RAP WITHIN THE WEST RIGHT OF WAY OF THE CORKSCREW CANAL APPROXIMATELY 180 FEET NORTH OF THE CENTERLINE OF 24TH AVENUE N.E.. Collier County GM Advisors LLC 434 Terracina Court Naples, FL 34120 This permit is issued pursuant to Application No. 220822-35666 dated August 22, 2022 and permittee's agreement to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, maintenance or use of the work or structure involved in the Permit. Said application, including all plans and specifications attached thereto, is by reference made a part hereof. The permittee, by acceptance of this permit, hereby agrees that he/she shall promptly comply with all orders of the District and shall alter, repair or remove his/her use solely at his/her expense in a timely fashion. Permittee shall comply with all laws and rules administered by the District. This permit does not convey to permittee any property rights nor any rights or privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. All structures and works installed by permittee hereunder shall remain the property of the permittee. This permit is issued by the District as a revocable license to use or occupy District works or lands. It does not create any right or entitlement, either legal or equitable, to the continued use of the District works or lands. Since this permit conveys no right to the continued use of the District works or lands, the District is under no obligation to transfer this permit to any subsequent party. By acceptance of this permit, the permittee expressly acknowledges that the permittee bears all risk of loss as a result of revocation of this permit. WORK PROPOSED MUST BE COMPLETED ON OR BEFORE January 31, 2024 . Otherwise, this permit is void and all rights there under are automatically canceled unless permittee applies for, in writing, a request for extension to the construction period and such request is received by the District on or before the expiration date and such request is granted, in writing, by the District. SPECIAL CONDITIONS (SPECIFIC PROJECT CONDITIONS) AND LIMITING CONDITIONS ON ATTACHED SHEETS ARE A PART OF THIS DOCUMENT. Sincerely, John Hixenbaugh Section Administrator -Right of Way Section Special Conditions 1. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT OF WAY, PERMITTEE SHALL SCHEDULE AND HOLD A PRE -CONSTRUCTION MEETING WITH THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT. NO WORK WITHIN THE RIGHT OF WAY SHALL BE AUTHORIZED WITHOUT FIRST HAVING A MEETING AT WHICH PERMITTEE SHALL BE REQUIRED TO OBTAIN NOTICE TO PROCEED FROM THE FIELD REPRESENTATIVE. IF REQUESTED BY THE FIELD REPRESENTATIVE, PERMITTEE SHALL PREPARE AND PRESENT THE FOLLOWING AT THE MEETING: A) COPIES OF ALL PERMITS THAT MUST BE OBTAINED PRIOR TO THE START OF CONSTRUCTION; B) CONTACT INFORMATION FOR PERMITTEE, THE CONTRACTOR AND/OR THIRD -PARTY INDEPENDENT INSPECTOR, INCLUDING TELEPHONE NUMBERS, EMAIL ADDRESSES AND PHYSICAL ADDRESSES; C) WRITTEN INVENTORY OF ALL VEHICLES AND/OR EQUIPMENT BY TYPE TO ENTER UPON THE RIGHT OF WAY; D) WRITTEN PROCEDURES FOR VACATING THE RIGHT OF WAY WITHIN 24 HOURS NOTICE FROM THE DISTRICT; AND E) CONTACT INFORMATION FOR PERSONS AND/OR VENDORS RESPONSIBLE FOR EMERGENCY VACATION FROM THE RIGHT OF WAY, PERMITTEE SHALL PROVIDE, PREPARE AND/OR PRESENT ANY OTHER DOCUMENTATION, AS MAY BE DIRECTED BY THE FIELD REPRESENTATIVE, IN PREPARATION FOR THE PRECONSTRUCTION MEETING. 2. PRIOR TO CONTACTING THE DISTRICT FORA FINAL INSPECTION, PERMITTEE SHALL REMOVE ALL CONSTRUCTION MATERIALS AND DEBRIS FROM THE DISTRICT'S CANAL AND RIGHT OF WAY AND RESTORE THE RIGHT OF WAY TO THE SATISFACTION OF THE DISTRICT, RESTORATION MAY REQUIRE, BUT NOT BE LIMITED TO, GRADING, COMPACTION OF SOIL, PLACEMENT OF SOD, AND/OR INSTALLATION OF BANK STABLIZATION MATERIALS (E.G., RIP RAP, FILTER FABRIC CLOTH, ETC.). PERMITTEE SHALL BE SOLELY LIABLE FOR ALL COSTS ASSOCIATED WITH RESTORATION OF THE RIGHT OF WAY, ALL RESTORATIVE WORK SHALL BE PERFORMED IN COMPLIANCE WITH DISTRICT AND/OR USACE SPECIFICATIONS AND DIRECTION. 3.IMMEDIATELY UPON COMPLETION OF THE AUTHORIZED WORK, PERMITTEE SHALL CONTACT THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT TO SCHEDULE A FINAL INSPECTION, PERMITTEE SHALL BE REQUIRED TO ATTEND THE FINAL INSPECTION AND PROVIDE COPIES OF ANY DELIVERABLES (E.G., CLOSED BUILDING PERMIT, CERTIFIED AS -BUILT DRAWINGS, ETC.) REQUIRED BY THIS PERMIT AT THAT TIME. PERMITTEE SHALL CORRECT ANY DEFICIENCIES IDENTIFIED DURING THE INSPECTION WITHIN THE TIMEFRAME AND IN THE MANNER DIRECTED BY THE DISTRICT'S FIELD REPRESENTATIVE. 4. WITHIN 30 DAYS OF COMPLETION (OR WITHIN 30 DAYS OF PERMIT ISSUANCE IF THE WORK WAS COMPLETED PRIOR TO THE ISSUANCE OF THE PERMIT), PERMITTEE SHALL SUBMIT TO THE DISTRICT ONE ELECTRONIC AND ONE HARD COPY OF THE REQUIRED DOCUMENTATION CONSISTING OF A CERTIFICATION AND AS -BUILT DRAWING FROM THE ENGINEER OF RECORD, SUCH DOCUMENTATION SHALL INCLUDE THE GPS LOCATION OF THE WORK AND THE DATE THE WORK WAS COMPLETED AND CONFIRM THAT THE WORK WAS PERFORMED IN COMPLIANCE WITH PERMIT CONDITIONS AND ANY OTHER APPLICABLE DISTRICT SPECIFICATIONS, THE DOCUMENTATION MUST BE SUBMITTED TO THE FIELD REPRESENTATIVE ASSIGNED TO THIS PERMIT, PERMITTEE SHALL BE REQUIRED TO COMPLY WITH ANY REQUESTS OR REQUIREMENTS FOR DOCUMENTATION OF THE COMPLETED WORK. 3, AN ENVIRONMENTAL RESOURCE PERMIT (ERP) SHALL BE REQUIRED FOR THE PROPOSE WORK, PERMITTEE SHALL PRESENT A COPY OF ITS ERP PRIOR TO OR AT THE REQUIREJ WITHOUT RECEIPT OF THE ERP AND OTHER REQUIRED REGULATORY PERMITS. Permit No: 16634-R, Page 2 of 13 6. THIS PERMIT IS ISSUED IN RELIANCE UPON PERMITTEE'S PROMISE THAT THE PERMIT WILL BE TRANSFERRED TO COLLIER COUNTY, THE ENTITY THAT WILL BE RESPONSIBLE FOR THE PERPETUAL MAINTENANCE OF THE IMPROVEMENTS AUTHORIZED BY THIS PERMIT. ACCORDINGLY, PERMITTEE SHALL BE OBLIGATED TO ENSURE THAT COLLIER COUNTY INITIATES TRANSFER OF THE PERMIT WITHIN THIRTY (30) DAYS OF FINAL INSPECTION APPROVAL BY THE DISTRICT, IF PERMITTEE FAILS TO ENSURE TRANSFER OF THE PERMIT, PERMITTEE SHALL BE REQUIRED TO POST A CASH FINANCIAL ASSURANCE EQUAL TO THE ESTIMATED COST TO REMOVE THE IMPROVEMENTS FROM THE RIGHT OF WAY AND TO RESTORE THE RIGHT OF WAY, AS DETERMINED BY AN ESTIMATE FROM PERMITTEE AND SUBJECT TO APPROVAL BY THE DISTRICT, PERMITTEE'S FAILURE TO COMPLY WITH THIS CONDITION SHALL RESULT IN VIOLATION OF THE PERMIT CONDITIONS WHICH MAY RESULT IN REVOCATION OF THE PERMIT AND REMOVAL OF THE AUTHORIZED WORK FROM THE DISTRICT'S RIGHT OF WAY. PERMITTEE SHALL BE SOLELY LIABLE FOR ALL COSTS ASSOCIATED WITH DISTRICT REMOVAL OF THE CULVERT, IMPROVEMENTS, AND RESTORATION OF THE RIGHT OF WAY. 7. PRIOR TO COMMENCEMENT OF CONSTRUCTION OR UTILIZATION OF THE DISTRICT'S RIGHT OF WAY, PERMITTEE SHALL BE REQUIRED TO CONTACT SUNSHINE 811 AND LOCAL JURISDICTION(S) TO IDENTIFY ANY EXISTING BURIED UTILITIES BY USE OF ABOVE -GROUND MARKERS (FLAGS) AND/OR COLOR -CODED INDICATOR LINES LOCATED WITHIN THE LIMITS 8. BY PROCEEDING WITH USE OF THE RIGHT OF WAY AUTHORIZED BY THIS PERMIT, PERMITTEE ACKNOWLEDGES AND AGREES THAT THE DISTRICT SHALL, AT ITS SOLE DISCRETION, HAVE AUTHORITY TO DETERMINE THE TYPE, SCOPE AND TIME FRAME FOR MAINTENANCE THAT PERMITTEE IS OBLIGATED TO PERFORM, PERMITTEE SHALL COMPLY WITH THE TERMS AND CONDITIONS OF ANY MAINTENANCE DIRECTIVE ISSUED TO PERMITTEE IN WRITING BY THE DISTRICT. 9• THE INVERT ELEVATION OF THE AUTHORIZED CONNECTION SHALL BE SET AT 6.17' NGVD 1929 (4.91 NAVD 1988) OR LOWER. 10. PERMITTEE SHALL BE RESPONSIBLE FOR ENSURING THAT THE AUTHORIZED CULVERT DOES NOT DISCHARGE DEBRIS, VEGETATION OR AQUATIC MATERIAL INTO THE CANAL. IF THE CULVERT CONNECTION OR PERMITTEE FAILS TO PREVENT SUCH DISCHARGE, THE DISTRICT RESERVES THE RIGHT TO REQUIRE PERMITTEE TO REMOVE AND DISPOSE OF DEBRIS FROM THE CANAL AT ITS SOLE EXPENSE IMMEDIATELY UPON DEMAND BY THE DISTRICT, FAILURE TO PREVENT OR REMOVE DISCHARGE FROM THE CANAL SHALL BE GROUNDS FOR REVOCATION OF THIS PERMIT AND REMOVAL OF THE CULVERT FROM THE DISTRICT'S RIGHT OF WAY. 11. ALL CULVERTS MEASURING 36" IN DIAMETER OR GREATER SHALL BE EQUIPPED WITH A SKIMMER OR BAFFLE WHICH EFFECTIVELY PRECLUDES THE DISCHARGE OF DEBRIS, VEGETATION OR AQUATIC MATERIAL INTO THE CANAL, PERMITTEE SHALL BE RESPONSIBLE FOR MAINTENANCE OF THE REQUIRED SKIMMER OR BAFFLE. 12.1E REQUIRED BY THE DISTRICT'S FIELD REPRESENTATIVE, PERMITTEE SHALL IDENTIFY THE LOCATION OF AUTHORIZED FACILITIES WITH A PERMANENT MARKER PLACED AT A LOCATION AND OF A STYLE APPROVED BY THE DISTRICT. 13. PRIOR TO THE ONSET OF GRADING, PERMITTEE SHALL INSTALL AND MAINTAIN A SILT FENCE ALONG THE TOE OF BANK SLOPE IMMEDIATELY LANDWARD OF THE EDGE OF WATER FOR THE TOTAL LENGTH OF THE PROJECT UNTIL WORK IS COMPLETED. 14. PERMITTEE SHALL TAKE APPROPRIATE PRECAUTIONS DURING WORK ACTIVITIES (E.G., TREE REMOVAL, SPOIL REMOVAL, GRADING, ETC.) TO AVOID DISTURBING THE CANAL BANK SLOPE AND PREVENT SPOIL MATERIAL, DEBRIS, VEGETATION, ETC., FROM ENTERING THE WATER, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS PERMIT, NO PLACEMENT OF ANY MATERIAL IS AUTHORIZED IN THE CANAL. Permit No: 16634-R, Page 3 of 13 15. PERMITTEE SHALL SOD ALL DISTURBED BANK SLOPE AREAS AND ALL AREAS WITHIN 40 FEET OF THE TOP OF BANK WITH ARGENTINE BAHIA SOD (OR OTHER SOD APPROVED BY THE DISTRICT). SOD SHALL BE STAKED/PINNED IN PLACE ON ALL BANK SLOPE AREAS AND THOSE AREAS LYING WITHIN THREE (3) FEET OF THE TOP OF BANK. 16. EXCAVATED MATERIAL FROM THE CANAL SHALL NOT BE STOCKPILED IN THE RIGHT OF WAY, PERMITTEE SHALL REMOVE ALL EXCESS MATERIAL FROM THE RIGHT OF WAY. 17. PRIOR TO THE INSTALLATION OF THE RIP -RAP, PERMITTEE SHALL SHAPE THE CANAL BANK WHERE THE RIP -RAP IS TO BE INSTALLED TO MATCH THE ADJACENT BANK AND COVER THE ENTIRE AREA WITH SECURED FILTER CLOTH OR AN ALTERNATIVE MATERIAL APPROVED BY THE DISTRICT. 18. PERMITTEE SHALL INSTALL AND MAINTAIN THE RIP -RAP IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS FOR THE WORK AUTHORIZED BY THIS PERMIT. NO MODIFICATION OF THE RIP -RAP SPECIFICATIONS IS PERMITTED UNLESS EXPRESSLY AUTHORIZED IN WRITING BY THE DISTRICT. 19. PERMITTEE SHALL INSTALL THE [DIE) DAD AND FILTER FABRIC FROM A POINT 2 FEET ABOVE THE DESIGN WATER ELEVATION TO THE TOE OF SLOPE AND EXTENDING UPSTREAM AND DOWNSTREAM FOR THE ENTIRE PROJECT LIMITS IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS FOR THE WORK AUTHORIZED BY THIS PERMIT. 20. PERMITTEE SHALL REMOVE ALL EXOTIC (I.E., BRAZILIAN PEPPER, AUSTRALIAN PINE, ETC.) AND NON -EXOTIC VEGETATION WITHIN THE DISTRICT'S RIGHT OF WAY THROUGHOUT THE LIMITS OF THE PROJECT USING BOTH PHYSICAL REMOVAL AND HERBICIDAL TREATMENT THAT FOLLOW BEST MANAGEMENT PRACTICES, PERMITTEE SHALL BE RESPONSIBLE FOR MAINTAINING THE LIMITS OF THE PROJECT TO BE FREE OF BOTH EXOTIC AND NON - EXOTIC VEGETATION FOR THE DURATION OF THE PERMIT. 21. PRIOR TO PLACEMENT OF A BARGE WITHIN THE CANAL, PERMITTEE SHALL SECURE AUTHORIZATION FROM THE DISTRICT'S FIELD REPRESENTATIVE ASSIGNED EO THIS PERMIT TO CONFIRM THAT WEATHER CONDITIONS, OPERATIONS, OTHER AUTHORIZED WORK OR OTHER CIRCUMSTANCES DO NOT PRECLUDE PLACEMENT OF THE BARGE IN THE CANAL, UPON AUTHORIZATION TO PLACE THE BARGE, PERMITTEE SHALL HAVE A CRANE ON CALL FOR REMOVAL OF THE BARGE UPON DEMAND BY THE DISTRICT, THE DISTRICT WILL ATTEMPT, WHEN POSSIBLE, TO PROVIDE 24-HOUR NOTICE OF REQUIRED REMOVAL. 22, PERMITTEE SHALL MAINTAIN AT A MINIMUM 10-FOOT SETBACK BETWEEN THE CRANE AND THE TOP OF BANK AT ALL TIMES TO AVOID DAMAGING THE CANAL BANK WHILE DEPLOYING THE BARGE, PERMITTEE SHALL EXERCISE CARE DURING PLACEMENT, UTILIZATION AND REMOVAL OF THE BARGE WITHIN OR FROM THE CANAL $O AS TO NOT DAMAGE THE CANAL BANKS, PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE WITHIN THE DISTRICT'S RIGHT OF WAY. 23, SPUD ANCHORING OF ANY BARGE OR VESSEL SHALL BE LIMITED TO THE FLAT CANAL BOTTOM. ANCHORING IN THE CANAL SIDE SLOPES SHALL BE PROHIBITED. IF ANY BARGE OR VESSEL IS TO REMAIN ANCHORED IN THE CANAL AT NIGHT, IT SHALL BE EQUIPPED WITH AND DISPLAY MOORING LIGHTS. 24, PERMITTEE SHALL ALWAYS BE RESPONSIBLE FOR PROVIDING AND UTILIZING ACCEPTABLE DUST CONTROL MEASURES DURING ITS USE OF THE RIGHT OF WAY. 25. THE WORK OR USE AUTHORIZED BY THIS PERMIT SHALL BE COMPLETED BY JANUARY 31, 2024 UNLESS OTHERWISE EXTENDED BY THE DISTRICT IN WRITING. IF PERMITTEE REQUIRES AN EXTENSION OF THE WORK EXPIRATION DATE, PERMITTEE SHALL SUBMIT A REQUEST FOR AN EXTENSION IN THE MANNER AND FORM AS DIRECTED BY THE DISTRICT, THE DISTRICT RESERVES THE RIGHT TO APPROVE, APPROVE WITH CONDITIONS, OR DENY PERMITTEE'S REQUEST. Permit No: 16634-R, Page 4 of 13 General Conditions 1.1 HIS AUTHORIZATION IS SOLELY FOR THE USE OF PERMITTEE AND PERMITTEE'S CONTRACTORS)/SUB-CONTRACTORS) PERFORMING WORK WITHIN OR USING THE RIGHT OF WAY. 2. AT NO TIME SHALL THE CANAL BE BLOCKED OR FLOWS OTHERWISE RESTRICTED OR IMPEDED. THIS RESTRICTION SHALL INCLUDE, BUT NOT BE LIMITED TO, A PROHIBITION ON THE USE OF DAMS OR FILL IN THE CANAL DURING ALL PHASES OF CONSTRUCTION AND ANY SUBSEQUENT FUTURE MAINTENANCE OPERATIONS. 3. PERMITTEE AND/OR THE PERMITTEE'S CONTRACTORS SHALL ALWAYS MAINTAIN THE DISTRICT'S VEHICULAR ACCESS THROUGHOUT THE PROJECT LIMITS. IF, IN PERMITTEE'S OPINION, IT WILL BE NECESSARY FOR THE DISTRICT'S VEHICULAR ACCESS TO BE BLOCKED, IMPEDED OR ALTERED AT ANY TIME, PERMITTEE SHALL SUBMIT A WRITTEN REQUEST TO THE DISTRICT SETTING FORTH THE PROPOSED ACTIVITIES THAT WILL RESULT IN OBSTRUCTION OF THE RIGHT OF WAY AND THE DATES THAT THE RIGHT OF WAY WILL BE RENDERED INACCESSIBLE, WRITTEN PERMISSION FROM THE DISTRICT SHALL BE REQUIRED PRIOR TO COMMENCEMENT OF PERMITTEE'S PROPOSED OBSTRUCTION OF THE RIGHT OF WAY. THE DISTRICT, AT ITS SOLE DISCRETION, RESERVES THE RIGHT TO APPROVE, APPROVE WITH CONDITIONS OR DENY PERMITTEE'S REQUEST. I. CONSTRUCTION SHALL BE PERFORMED IN ACCORDANCE WITH DISTRICT ENGINEERING SPECIFICATIONS SET FORTH IN "SECTION 02220 - EXCAVATION AND BACKFILLING" (A COPY OF WHICH IS ATTACHED TO THIS PERMIT) OF THE DISTRICT'S ENGINEERING STANDARDS (ATTACHED) AND ANY OTHER APPLICABLE DISTRICT ENGINEERING STANDARDS 5. TURBIDITY BARRIERS SHALL BE PLACED WITHIN THE CANAL IF DIRECTED BY THE DISTRICT'S FIELD REPRESENTATIVE Al THE PRE -CONSTRUCTION MEETING. PERMITTEE SHALL REMOVE THE TURBIDITY BARRIERS IN COMPLIANCE WITH DIRECTION FROM THE DISTRICT WHEN OPERATION, MAINTENANCE OR EMERGENCY CONDITIONS REQUIRE SUCH REMOVAL. 6. THE DISTRICT'S FIELD REPRESENTATIVE SHALL HAVE SOLE AUTHORITY TO DETERMINE WHETHER PERMITTEE'S METHODS OF CONSTRUCTION, INTERIM WORK, CONSTRUCTION ACTIVITY OR USE OF THE RIGHT OF WAY IS IN CONFORMANCE WITH THE PERMIT AUTHORIZATION, INCLUDING TERMS AND CONDITIONS, THE APPLICATION, RESPONSES OR STATEMENTS MADE BY PERMITTEE DURING APPLICATION PROCESSING, AND SUPPORTING DOCUMENTS INCORPORATED INTO THE PERMIT FILE. IF THE DISTRICT'S FIELD REPRESENTATIVE DETERMINES THAT PERMITTEE'S ACTIVITIES ARE NOT IN CONFORMANCE, HE/SHE SHALL ISSUE A STOP WORK ORDER TO PERMITTEE UNTIL SUCH NONCONFORMANCE HAS BEEN RESOLVED TO THE SATISFACTION OF THE DISTRICT. IF PERMITTEE CHOOSES TO PROCEED WITH THE WORK AUTHORIZED BY THIS PERMIT, PERMITTEE ACKNOWLEDGES THIS CONDITION AND AGREES TO CEASE ALL ACTIVITY IN THE DISTRICT'S RIGHT OF WAY IMMEDIATELY UPON RECEIPT OF THE STOP WORK ORDER. 7. NO VEHICULAR MAINTENANCE/REPAIR ACTIVITIES OR SUBSTANCES OR PARTS ASSOCIATED WITH THE REPAIR OR MAINTENANCE OF VEHICLES/EQUIPMENT SHALL TAKE PLACE, OR BE USED, STORED OR DISCARDED WITHIN THE RIGHT OF WAY, VEHICLES THAT BECOME INOPERABLE ON THE RIGHT OF WAY SHALL BE REMOVED AS PROMPTLY AS POSSIBLE. IN ADDITION, NO OVERNIGHT STORAGE OR PARKING OF EQUIPMENT, ASSOCIATED MACHINERY OR CONSTRUCTION TRAILERS IS AUTHORIZED IN THE RIGHT OF WAY, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED HEREIN. Permit No: 16634-R, Page 5 of 13 8. IF THE IMPROVEMENTS, WORK AND/OR USE AUTHORIZED BY THIS PERMIT (EITHER DURING CONSTRUCTION OR FOLLOWING COMPLETION) RESULT IN ANY DAMAGE TO THE DISTRICT'S RIGHT OF WAY (E.G., SHOALING, EROSION OR WASH -OUT OF ANY AREA IN THE RIGHT OF WAY), DISTRICT FACILITIES AND/OR ANY OTHER FACILITIES (AUTHORIZED OR UNAUTHORIZED), PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR REPAIRING SUCH DAMAGE, IN ADVANCE OF PERFORMING ANY REPAIRS, PERMITTEE SHALL CONSULT WITH THE DISTRICT TO DETERMINE THE APPLICABLE DISTRICT PROCESSES AND REQUIREMENTS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, FILING AN APPLICATION FOR A RIGHT OF WAY OCCUPANCY PERMIT TO SECURE AUTHORIZATION TO PERFORM SUCH WORK, PERMITTEE SHALL BE RESPONSIBLE FOR ALL COSTS AND LIABILITY RESULTING FROM SUCH DAMAGE, 9. THE DISTRICT SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS TO ANY IMPROVEMENTS AND/OR RELATED APPURTENANCES AUTHORIZED BY THIS PERMIT RESULTING FROM DISTRICT USE, OPERATION (E.G., GATE, PUMPING AND STRUCTURE OPERATIONS, WATER LEVEL MANAGEMENT, WATER FLOWS, FLUCTUATIONS AND OPERATIONS OF ITS STRUCTURES), ACTIVITY AND/OR MAINTENANCE OF OR IN ITS RIGHTS OF WAY OR OTHER WORKS OF THE DISTRICT. 10.1E STORM, HURRICANE OR EMERGENCY CIRCUMSTANCES DEVELOP, THE DISTRICT IS AUTHORIZED, AT ITS SOLE DISCRETION, TO TEMPORARILY OR PERMANENTLY SUSPEND OR TERMINATE THE AUTHORIZED USE. IN SUCH EVENT, THE DISTRICT WILL CONTACT PERMITTEE TO PROVIDE DIRECTION WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, VACATING THE RIGHT OF WAY, REMOVING AND/OR SECURING EQUIPMENT AND/OR MATERIALS FROM THE RIGHT OF WAY, OR PERFORMING WORK TO ENSURE THAT THE RIGHT OF WAY IS SUFFICIENTLY RESTORED TO ACCOMMODATE DISTRICT OPERATIONS AND MAINTENANCE ACTIVITIES, PERMITTEE, INCLUDING ALL PERSONS, VENDORS, SUB- CONTRACTORS OR AGENTS OF PERMITTEE, SHALL BE REQUIRED TO COMPLY WITH DISTRICT DIRECTION, THE DISTRICT RESERVES THE RIGHT TO TERMINATE THE AUTHORIZED USE IF PERMITTEE FAILS TO MAKE SURE THAT ALL PARTIES COMPLY WITH THIS CONDITION. 11. PERMITTEE SHALL NOT STOCKPILE SOIL, MATERIALS OR DEBRIS IN THE RIGHT OF WAY. SUCH MATERIALS SHALL BE REMOVED FROM THE RIGHT OF WAY UNLESS OTHERWISE SET FORTH BY THE CONDITIONS OF THIS PERMIT, PERMITTEE SHALL EXERCISE BEST MANAGEMENT PRACTICES TO PREVENT EROSION OR SOILS FROM ENTERING THE CANAL DURING THE AUTHORIZED WORK, INCLUDING, BUT NOT LIMITED TO, THE TEMPORARY INSTALLATION OF SILT FENCE OR OTHER MEANS OF CONTAINMENT ACCEPTABLE TO THE DISTRICT. 12, THE DISTRICT'S REVIEW OF PERMITTEE'S PLANS IS LIMITED TO DETERMINING WHETHER THE PROPOSED WORK WILL IMPACT THE DISTRICT'S OPERATIONS AND MAINTENANCE OF ITS RIGHTS OF WAY OR FLOOD CONTROL SYSTEM, ISSUANCE OF THIS PERMIT BY THE DISTRICT SHALL NOT BE CONSTRUED BY PERMITTEE OR ANY OTHER PARTY AS APPROVAL BY THE DISTRICT OF THE DESIGN, ENGINEERING OR CONSTRUCTION OF THE PROPOSED IMPROVEMENTS, PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR ENSURING THAT THE PROPOSED WORK IS DESIGNED, ENGINEERED AND CONSTRUCTED TO SERVE ITS INTENDED PURPOSE. Permit No: 16634-R, Page 6 of 13 13. THE DISERICT RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REQUIRE AN INSPECTION REPORT FROM A PROFESSIONAL ENGINEER OR CONTRACTOR LICENSED IN THE STATE OF FLORIDA AT ANY TIME DURING WHICH THE AUTHORIZED WORK REMAINS IN THE RIGHT OF WAY TO VERIFY THAT THE AUTHORIZED WORK COMPLIES WITH INDUSTRY STANDARDS, PERFORMS THE FUNCTION FOR WHICH IT WAS DESIGNED AND IS SOUND AND POSES NO THREAT TO THE DISTRICT'S RIGHT OF WAY AND/OR OPERATION AND MAINTENANCE OF ITS FLOOD CONTROL SYSTEM. IF THE DISTRICT DETERMINES THAT REPAIR, REPLACEMENT OR REFURBISHMENT OF THE AUTHORIZED WORK IS REQUIRED, PERMITTEE SHALL IMMEDIATELY COMPLY WITH DISTRICT DIRECTION TO SECURE APPROVALS/PERMITS, AS MAY BE REQUIRED, AND TO PERFORM SUCH WORK WITHIN THE TIMEFRAME SET FORTH BY THE DISTRICT. 14. PERMITTEE SHALL BE SOLELY RESPONSIBLE FOR PERFORMING REGULAR AND ROUTINE INSPECTIONS OF THE IMPROVEMENTS AUTHORIZED BY THIS PERMIT AND CORRECTING ANY DEFICIENCIES IDENTIFIED BY SUCH INSPECTIONS TO ENSURE THAT THE IMPROVEMENTS CONTINUE TO COMPLY WITH THE PERMIT AND PERFORM, AS NEEDED, TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE. 15. PERMITTEE SHALL MAKE PROSPECTIVE BIDDERS AWARE OF THE TERMS AND CONDITIONS OF THIS PERMIT, PERMITTEE SHALL BE RESPONSIBLE FOR ALL ACTIONS OF ITS CONTRACTORS AND AGENTS AND TO ENSURE THAT PARTIES ACTING ON BEHALF OF PERMITTEE COMPLY WITH THE TERMS AND CONDITIONS OF THIS PERMIT. 16. PERMITTEE SHALL NEITHER CONSTRUCT, INSTALL OR PLACE ADDITIONAL IMPROVEMENTS WITHIN THE DISTRICT'S RIGHT OF WAY, NOR USE THE RIGHT OF WAY FOR ANY ACTIVITY (UNLESS EXPRESSLY AUTHORIZED BY THIS PERMIT) WITHOUT FIRST HAVING OBTAINED A MODIFICATION OF THIS PERMIT. OF PARTICULAR NOTE, THAT AREA MEASURING 40 FEET LANDWARD FROM THE TOP OF BANK SHALL REMAIN FREE AND CLEAR OF ANY OBSTRUCTIONS, IMPROVEMENTS OR USE, UNLESS OTHERWISE AUTHORIZED BY THIS PERMIT. 17. THIS PERMIT SHALL NOT BECOME VALID UNTIL ALL OTHER REQUIRED SOUTH FLORIDA WATER MANAGEMENT DISTRICT, LOCAL, COUNTY AND/OR STATE PERMITS OR OTHER AFFECTED PARTIES' APPROVALS HAVE BEEN OBTAINED, IF THERE IS A CONFLICT BETWEEN THE WORK AUTHORIZED BY THIS PERMIT AND A PERMIT OBTAINED FROM A DIFFERENT PUBLIC OR PRIVATE ENTITY, THE TERMS AND CONDITIONS OF THIS PERMIT SHALL PREVAIL AND HAVE SUPERIORITY. 18• A COPY OF THE PERMIT PACKAGE WILL BE KEPT AT THE JOB SITE UNTIL COMPLETION OF ALL PHASES OF CONSTRUCTION AND APPROVAL OF THE FINAL INSPECTION. 19. BASED ON THE DISTRICT'S RECORDS, THE DISTRICT IS NOT THE UNDERLYING FEE OWNER OF PORTIONS OF OR ALL THE LANDS SUBJECT TO THIS PERMIT; THEREFORE, PERMITTEE SHALL BE REQUIRED TO OBTAIN ALL NECESSARY APPROVALS FROM THE UNDERLYING FEE OWNER AS REQUIRED UNDER STANDARD LIMITING CONDITION NO. 5. Permit No: 16634-R, Page 7 of 13 40E-6.381. Limiting Conditions The District's authorization to utilize notice general permits and standard agree to be bound by the following issued pursuant to this chapter: lands and other works constitutes a revocable license (including both permits). In consideration for receipt of that license, Permittees shall standard limiting conditions, which shall be included within all permits 1. All structures on District works for lands constructed by Permittee shall remain the property of Permittee, who shall be solely responsible for ensuring that such structures and other uses remain in good and safe condition. Permittees are advised that other federal, state and local safety standards may govern the occupancy and use of the District's lands and works. The District assumes no duty with regard to ensuring that such uses are so maintained and assumes no liability with regard to injuries caused to others by any such failure. 2. Permittee solely acknowledges and accepts the duty and all associated responsibilities to incorporate safety features, which meet applicable engineering practice and accepted industry standards, into the design, construction, operation and continued maintenance of the permitted facilities/authorized use. This duty shall include, but not be limited to, Permittee's consideration of the District's regulation and potential fluctuation, without notice, of water levels in canals and works, as well as the Permittee's consideration of upgrades and modifications to the permitted facilities/authorized use which may be necessary to meet any future changes to applicable engineering practice and accepted industry standards. Permittee acknowledges that the District's review and issuance of this permit, including, but not limited to, any field inspections performed by the District, does not in any way consider or ensure that the permitted facilities/authorized use is planned, designed, engineered, constructed, or will be operated, maintained or modified so as to meet applicable engineering practice and accepted industry standards, or otherwise provide any safety protections. Permittee further acknowledges that any inquiries, discussions, or representations, whether verbal or written, by or with any District staff or representative during the permit review and issuance process, including, but not limited to, any field inspections, shall not in any way be relied upon by Permittee as the District's assumption of any duty to incorporate safety features, as set forth above, and shall also not be relied upon by Permittee in order to meet Permittee's duty to incorporate safety features, as set forth above. 3. Permittee agrees to abide by all of the terms and conditions of this permit including any representations made on the permit application and related documents. This permit shall be subject fio the requirements of Chapter 373, F.S., and Chapter 40E-6, F.A.C., including all subsequent rule and criteria revisions. Permittee agrees to pay all removal and restoration costs, investigative costs, court costs and reasonable attorney's fees, including appeals, resulting from any action taken by the District to obtain compliance with the conditions of the permit or removal of the permitted use. If District legal action is taken by staff counsel, "reasonable attorney's fees" is understood to mean the fair market value of the services provided, based upon what a private attorney would charge. 4. This permit does not create any vested rights, and except for governmental entities and utilities, is revocable at will upon reasonable prior written notice. Permittee bears all risk of loss as to monies expended in furtherance of the permitted use. Upon revocation, the Permittee shall promptly modify, relocate or remove the permitted use and properly restore the right of way to the District's satisfaction. In the event of failure to so comply within the specified time, the District may remove the permitted use and Permittee shall be responsible for all removal and restoration costs. 5. This permit does not convey any property rights nor any rights or privileges other than those specified herein and this permit shall not, in any way, be construed as an abandonment or any other such impairment or disposition of the District's property rights. The District approves the permitted use only to the extent of its interest in the works of the District. Permittee shall obtain all other necessary federal, state, local, special district and private authorizations prior to the start of any construction or alteration authorized by the permit. Permittee shall comply with any more stringent conditions or provisions which may be set forth in other Permit No: 16634-R, Page 8 of 13 required permits or other authorizations. The District, however, assumes no duty to ensure that any such authorizations have been obtained or to protect the legal rights of the underlying fee owner, in those instances where the District owns less than fee. 6. Unless specifically prohibited or limited by statute, Permittee agrees to indemnify, defend and save the District (which used herein includes the District and its past, present and/or future employees, agents, representatives, officers and/or Governing Board members and any of their successors and assigns) from and against any and all lawsuits, actions, claims, demands, losses, expenses, costs, attorneys fees (including but not limited to the fair market value of the District's in-house attorneys' fees based upon private attorneys' fees/ rates), judgments and liabilities which arise from or may be related to the ownership, construction, maintenance or operation of the permitted use or the possession, utilization, maintenance, occupancy or ingress and egress of the District's right of way which arise directly or indirectly and are caused in whole or in part by the acts, omissions or negligence of the Permittee or of third parties. Permittee agrees to provide legal counsel acceptable to the District if requested for the defense of any such claims. 7. The District does not waive sovereign immunity in any respect. 8. The Permittee shall not engage in any activity regarding the permitted use which construction, alteration, maintenance or operation of the works of the District, including: (a) discharge of debris or aquatic weeds into the works of the District; (b) causing erosion or shoaling within the works of the District; interferes with the (c) planting trees or shrubs or erecting structures which limit or prohibit access by District vehicles, except as may be authorized by the permit. Permittee shall be responsible for an the District resulting from any such interference, as set forth in (a), (b), and (c), above. (d) leaving construction or other debris on the District's right of way or waterway; (e) damaging District berms and levees; (f) the removal of District owned spoil material; (g) removal of or damage to District locks, gates, and fencing; (h) opening of District rights of way to unauthorized vehicular access; or (i) running or allowing livestock on the District's right of way. equipment and y costs incurred by 9. The District is not responsible for any personal injury or property damage which may directly or indirectly result from the use of water from fihe District's canal or any activities which may include use or contact with water from the District's canal, since the District periodically sprays its canals for aquatic weed control purposes and uses substances which may be harmful to human health or plant life. 10. Permittee shall allow the District to inspect the permitted use at any reasonable time. 11. Permittee shall allow, without charge or any interference, the District, its employees, agents, and contractors, to utilize the permitted facilities before, during and after construction for the purpose of conducting the District's, routine and emergency, canal operation, maintenance, and construction activities. To the extent there is any conflicting use, the District's use shall have priority over the Permittee's use. 12. This permit is anon -exclusive revocable license. Permittee shall not interfere with any other existing or future permitted uses or facilities authorized by the District. 13. The District has the right to change, regulate, limit, schedule, or suspend discharges into, or withdrawals from, works of the District in accordance with criteria established by the Big Cypress Basin, the District, or the U.S. Army Corps of Engineers for the works of the District. 14. If the use involves the construction of facilities for a non exempt water withdrawal or surface water discharge, the applicant must apply for and obtain a water use or surface water management permit before or concurrently with any activities which may be conducted pursuant to the right of way occupancy permit. 15. The District shall notify the local ad valorem taxing authority of the lands affected by the permitted use, Permit No: 16634-R, Page 9 of 13 where the Permittee owns the underlying fee and derives a substantial benefit from the permitted use. The taxing authority may reinstate such lands on the tax roll. Failure to pay all taxes in a timely manner shall result in permit revocation. Such permit revocation shall not alleviate the responsibility of the Permittee to pay all taxes due Cl" payable. 16. Permittee shall provide prior written notice to their successors in title of the permit and its terms and conditions. 17. Permittee authorizes the District to record a Notice of Permit through filing the appropriate notice in the public records of the county or counties where the project is. Governmental entities and utilities are not subject to this provision. 18. Permittee shall be responsible for the repair or replacement of any existing facilities located within the District's right of way which are damaged as a result of the installation or maintenance of the authorized facility. 19. All obligations under the terms of this permit authorization and any subsequent modifications hereto shall be joint and several as to all owners. 20. It is the responsibility of the Permittee to make prospective bidders aware of the terms and conditions of this permit. It shall be the responsibility of the Permittee's contractors to understand the terms and conditions of this permit and govern themselves accordingly. 21. It is the responsibility of the Permittee to bring to the attention of the District any conflict in the permit authorization or permit conditions in order that they may be resolved prior to the start of construction. In resolving such conflicts the District's determination will be final. 22. Special Conditions that are site specific shall be incorporated into every Permit as may be necessary in the best interest of the District. 23. The District is not responsible for the repair of or claims of damage to any facilities and uses which may incur damage resulting from the District's utilization of its rights of way or use by third parties. Improvements placed within the right of way are done so at the sole risk of the owner. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.085(1), 373.086, 373.103, 373.109, 373,129,373.1395, 373.603, 373.609, 373.613 FS. History --New 9-3-81, Formerly 16K-5.01(2), 16K-5.02(2), 16K-5.03(2)1 16K-5.04(4)1 16K-5.05, Amended 5-30-82, 12-29-86, 12-24- 91, 9-15-99, 8-12-13. Permit No: 16634-R, Page 10 of 13 Exhibits The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by clicking on the links below Revised Plan and Profile 1-30-23.pdf SURVEY -Revised 01 30 23. pdf C10 01 Bank Stabilization Treatment.pdf 02220 Excavation and Backfillinq.pdf Permit No: 16634-R, Page 11 of 13 Sol As required by Sections 120.569 and 120.60(3), ON Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373,427, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry. Any person to whom an emergency order is directed pursuanfi to Section 373.119(2), Fla. Stat, shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to fihe deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon. FILING INSTRUCTIONS A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand -delivery, or e-mail. Filings by facsimile will not be accepted. A petition for administrative hearing or other document is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD headquarters in West Palm Beach, Florida. The District's normal business hours are 8:00 a.m. — 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: • Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's Permit No: 16634-R, Page 12 of 13 security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file the petition. • Filings by e-mail must be transmitted to the Office of the District Clerk at clerk6d sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed. INITIATION OF ADMINISTRATIVE HEARING Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 1/2 by 11 inch white paper. All petitions shall contain: lIdentification of the action being contested, including the permit number, application number, SFWMD file number or any other SFWMD identification number, if known. 2 The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioner's representative, if any. 3 An explanation of how the petitioner's substantial interests will be affected by the agency determination. 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5 A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. MEDIATION The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401—.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision filing with the Office of the District Clerk of the SFWD i by flng a notice of appeal we M n accordance with the filing instructions setforth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the appropriate district court of appeal. Rev. 06/21 /15 Permit No: 16634-R, Page 13 of 13 NIM Documents NIM SUMMARY Immokalee Randall Commercial Subdistrict GMPA (PL-20230002460) Immokalee Randall CPUD (PL-20230002458) Monday, August 7 at 5:30 p.m. Collier County OF/IFAS Extension, Multi -Purpose Room 14700 Immokalee Road, Naples, FL 34120 The NIM was held for the above referenced petitions. The petitions are described as follows: 1. Immokalee Randall Commercial Subdistrict (PL-20230002460) The land use designation is currently Estates — Mixed Use District, Residential Estates Subdistrict. This is a request for a Small -Scale Growth Management Plan Amendment (SSGMPA) to create the Immokalee Randall Commercial Subdistrict to allow a maximum of 125,000 square feet of gross floor area of C-3 Commercial Intermediate District uses including up to 80,000 square feet of indoor air conditioned self -storage; and 2. Immokalee Randall CPUD (PL-20230002458) The property is zoned E-Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W-3 and E-ST/W-4). This is a request to rezone the property to a Commercial Planned Unit Development (CPUD) to allow a maximum of 125,000 square feet of gross floor area of C-3 Commercial Intermediate District uses including up to 80,000 square feet of indoor air conditioned self -storage. Note: This is a summary of the NIM. An audio and video recording are also provided. Attendees On behalf of Applicants: Robert J. Mulhere, FAICP, President/CEO, Hole Montes, a Bowman Company Norman Trebilcock, AICP, PTOE, PE, Trebilcock Consulting Solutions, PA Jeremie Chastain, AICP, Planner III, Hole Montes, a Bowman Company Nicholas Pearson, Turrell, Hall & Associates, Inc. County Staff: Laura DeJohn, AICP, Zoning Services Katherine Eastly, AICP, Planner III, Comprehensive Planning Seven members of the public attended. Two members of the public attended via Zoom. Mr. Mulhere started the presentation by introducing himself, the property owner, the other consultants, and county staff. He explained the NIM process, the process for approval, and provided a brief history of the project. The following comments/questions were raised by the members of the public in attendance: Page 1 of 2 1-1:\2023\2023025\WP\PUDZ\NIM\NIM Summary (8-15-2023).docx Commercial Development Questions were asked about the proposed commercial uses. The applicant is proposing 125,000 square feet of smaller scale C-3 neighborhood scale commercial uses and indoor self -storage. If developed, the indoor self -storage use will result in less traffic generated when compared to the other C-3 uses requested. Questions were asked regarding commercial development in the surrounding area. Mr. Mulhere explained that the Comp Plan allows for commercial development to the east; however, the property is zoned Estates and a rezoning would be required. It is unlikely that property adjacent to the north, across Immokalee Road, will be developed with commercial uses. Traffic Questions were asked about the project's traffic generation. Mr. Trebilcock explained that the TIS calculates the traffic generated by the proposed development based on the highest and best use of the site, which is 100,000 square feet of C-3 commercial uses. The proposed indoor self -storage would result in a reduction in trips. Mr. Trebilcock went on to explain that background trips are included in the TIS analysis. Design Questions were asked regarding the design of the site, specifically the western interconnection and the indoor self -storage. Mr. Mulhere explained that the project allows for an interconnect to the west if the property is developed with non-residential uses. The proposed maximum building height is 40', which would allow for three stories. Outdoor storage is not permitted. The meeting concluded at approximately 6:00 PM. Page 2 of 2 H:A2023\2023025\WP\PUDZ\NIM\NIM Summary (8-15-2023).doex PART OF T14E USA TODAY NETWORK Published Daily Naples, FL 3*110 HOLE rNONTESASSOCIATES INC 95OENCORE WAY #200 NAPLElFL34110 A7TW5TEPHAN|EKARUL Affidavit ofPublication STATE opmxnnowa|w COUNTY oFBROWN Before the undersigned authority personally appae/ed, who onoath says that hoorshe is the Legal Coordinator of the Naples Daily Nowe, published in Collier County. Florida; that the attached copy ofadvertisement, being o PUBLIC NOT|CE, was published on the publicly aooeamb|ewebaito ofCollier and Lee Counties, Florida, orinonewspaper byprint inthe issues of, on: Issue(s) dated: 7/21/2023 Affiant further says that the website or newspaper complies with all legal requirements for publication in ohapter50. Florida Statutes. Subscribed and sworn tobefore me, bythe legal clerk, who is personally Known to me, on July 21st, 2023: My commission expires: -011 Publication Cost: $1.002,96 8uNo: GC|1O85863 Customer wo588r1z PD#PUBLIC NOTICE — DISPLAY xD3X1O This |nnot eninvoice The public is invited to attend a neighborhood information meeting held by Robert J. Mulhere, FAICP, Senior Vice President, and Jeremie Chastain, AICP, Planner III of Hole Montes, a Bowman Company, on behalf of the applicant at the following time and location - Monday, August 7, 2023 at 5.30 p.m. Collier County OF/IFAS Extension 14700 Immokalee Road, Multi -Purpose Room Naples, FL 34120 The following two concurrent applications have been made to Collier County Growth Management: Immokalee Randall Commercial Subdistrict (PL-20230002460) The land use designation is currently Estates — Mixed Use District, Residential Estates Subdistrict, This is a request for a Small -Scale Growth Management Plan Amendment (SSGMPA) to create the Immokalee Randall Commercial Subdistrict to allow a maximum of 125,000 square feet of gross floor area of C-3 Commercial Intermediate District uses including up to 80,000 square feet of indoor air conditioned self -storage; and 2. Immokalee Randall CPUD (PL-202.30002458) The property is zoned E-Estates with Wellfield Risk Management Special Treatment Overlay Zone W-3 and W-4 (E-ST/W-3 and E-ST/W-4).This is a request to rezone the property to a Commercial Planned Unit Development (CPUD) to allow a maximum of 125,000 square feet of gross floor area of C-3 Commercial Intermediate District uses including up to 80,000 square feet of indoor air conditioned self -storage. The subject property is comprised of three parcels totaling t9.86 acres in size and located in Section 2.7, Township 48, Range 27, Collier County, Florida, The subject property is located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. vsac,nVVMly Location Map KINO, Phunt:(734j tS4>2:'�?E1 Immokalee Randall Commercial Subdistrict Vl�on Immokalee Randall CPUD WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the applicant and Collier County staff. Zoom is being provided as an option to those unable to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via Zoom or view a video of the meeting, please email us at Neigh borhoodMeetinq@hmenc corn and we will send zoom invite or a link of the video. You may also email any comments or questions to Neiahbo..rhoodMeetingCa?hmenjcom. Please reference Immokalee Randall SSGMPA & CPUD in subject line. Robert J, Mulhere, FAICPP, Senior Vice President Hole Montes, a Bowman Company 4 950 Encore Way, Naples, FL. 34110; Phone: 239-254••2000, email. bobrnulhere@hmeng.corn NAPLESNEWS.COM I FRIDAY, JULY 21, 2023 1 1SA A key issue in the lawsuit Is what former Droward Deputy Scot Peterson could It.. during the Feb. 14, 2018, shooting at Marjory Stoneman Douglas Nigh School in Parkland, Fla., in which 17 people died and 17 morn war. wounded with an AR-15-style title, CCRALU neRacRT/AP Fitt 1,1101-10 Penes FORTLAUDGRDALG, Fla. - Tire rc- ucim. is A�o(n 2018 mass shnotingnt a .,,,[a high school will felt, place early next month as part of a civil I .... it and will use Ilse mnmunitian with a bullet safety devtce, a Irdge Was told Thursday, Circuit Judge Carol-L ur Phillips e s- <lorsed an. tv-,aeni reached by attor- neys for 6.0 ns' fcmiltcs and former duceanon- t Ueputy Sea Pzteesan to c till retrui anmu Aug. 4 at a Onee- ste,y dassrram building at Marjory S asncrnall Dough¢ High School. A ballistics expert for the farniln t, fussier FBI agent Bruce Koenig, testi- fied that Ilse romlds make a difierent sound or blanks. A key issue in the lawsuit is vim Peters.,, could hear during the Shooting br1 Fob. 14, 2038, in whfelt 17 people died and 17 more were wounded with an AR-15-style rifle. "Yuu want to imitate the situation as close as Possible;' Koenig said, Blanks, he added, arc "almost as loud, but titer. dOffin" ly la a difference:' Petersun, the school's on-canspus deputy, was sequined last ..,,its of criminal charges accusing hum of inac- sion during the shooting. but the civil case agalum hire thus makes slrnllnr ac. t eusations is proceeding, Family attorney David Brill said the live rounds would be fired into a ballls- tic bullet trap that Is commonly used at Ann ranges and by law enforcement labs to catch the ammunition safely. "It is in fact perfectly safe and con- trolled;' Brilt said. Petersoix attorney, Michael Piper, said One agreement will moms, only one loneacim.nt rather than two as truthn- Ily ju,pasvd, An attorney for the Dro- wud County school beard also no derserl the picot. "We think this Is the beat rimy to ap- pronch h. • Piper said, -We doll t want to put rise community through that t,ion." The building, left visnoally w1- reached rinse the shooting, will be de- molished once the legal action is Com- pleted, sellout offiemis sold. The reen- arsment,cold be based on school sur- veiNaneu videos that show second -by -second the actions and I.- cathime of Peterson and shooter Nikolae Cruz during the sex -minute attack In which some 140 .aside were find. Cruz, 24, a former Stmlemmal Doug- Lasseudent, receivodaiifesentence last year title, his fury could not Onenl- mously agree that tic, downs d the death penalty, Sane Reslnt, =s Apply New Balance. Naples raw btdcenc. B799 N.. T-a—i T-I • N.pr.s, FL 34103 ZjQydry et SW Corner Vand-bilt Bench Rd. & 41, Naar Pabiix M-F 10.5 1 Sat 10.4 I Sun 12.3 1 239-596-0788 SHOP LOCAL Snake Vice President, and Jeourne Chastain, NCP, Planner III Of Asia Master, a Rowman Company, an behalf Of the appW-aut at tlw fallowing fire and location, Monday, August 7, 2023 at 5:33 p.m- COMO,County UFAFAS Extension 147001mmokelee Read, Multi -Purpose Room Napier, FL 34120 Thi nffoWng ewe cannot rse appl-teses have been merle M Cdlie, Canny (u-M Management. 1. imnrokales Randall Commercial Subdistrict (PL-20230002460) The land u:s de*nation is turrenliy E?atea-Mlzcb EK.s tiis'kilcL Pstldsnllai ESCius SObdLsirlCLThis le n teanc5l fox a Small--£calo Growth Management Plan Amendment (SSCMPAI Ie creel¢ the Is moloU Randall Consistent Subdlund to allow a msvmum of 125000 square fee( a per•„; flaw area 0 C-3 Commercial Instantiate Dutton L,es Including up to 80,000 square feet of Instant air canddigned self -storage, and 2 Immokzlm Randall CPUD (PL-20230002450) The pmpOdy Is zoned E-Estate:- wig, Wellbeld Risk Management Special? eatmrnt 0vcsiay Zone W-3 and W-4 (E-STAW-3 and E-STM-4).7b k a request to rezone the property to a Commensal Planned Unit Development (CPUD) to allow a maximum Of 12.5,000 square lee' of gross floor area of C-3 Co crandal Inicamedlate District ass Including up to 80,000 square Pest of Im;oer air readmoned self.,tong¢. The subject pusessty is comprised of I nteo Pptrek totaling 19.e3 acres In size and located In Session 27, Tams en, 48, flange 27, Collier County, Florida, The sauji,t propcaty fs 1—ted ¢lucent to and s.Us of Immakatk Road, approttlmateiy 773 !Bet west of One frues lion Of Immokslee Raid and RaMall (Boulevard. Locahion Map " Immokalee: Randall Commercial Subdistriss Randall CPUD LLL WE VALUE YOUR INPUT Dusiness and property ownsis, residents and visitors ate welcome to allend are masantallne and discuss; Use protect wish the applicant and Collar County staff. Zoom Is being play',,, as an option 1. Mon,unable to intend Use rneeling in par—. However, si techmcal dslhculies arise mlh Zuml. the technical difficullice, wil not be grounds to Invalidate the meeting, V you Would lake to paillelpate via Zoom a vies, a vide, of the me llig, please small as at j{gighgngg-M aad wa will :and zoom In -Me or a link Of the video You may also emit any comments or questions t0 Ne'..0.lg4duegilMexqOR phmt[t4c001. Please retaren[e Inrmok0ca Randall SSGMPA & CPUD In subjtel fine. Robed J. Mulhere, FAICP, 52nllx Vito President It Bole M"Id" a Bowman Company e g5g EncmeWsq,Napk*s,FL 3411U, Phonn.2Js-254-ZUIXl,emalP 4oUmulherf.,chmeng aom NEIGHBORHOOD INFORMATION MEETING IMMOKALEE RANDALL COMMERCIAL PLANNED UNIT DEVELOPMENT (PL-20230002458) & IMMOKALEE RANDALL COMMERCIAL SUBDISTRICT (PL-20230002460) MONDAY, AUGUST 7, 2023 AT 5:30PM PLEASE PRINT CLEARLY ***vlease be advised*** The information on this sheet is to contact you regarding this project and future puhlic meetings. Under Florida law, a -mail addresses, phone numbers and certain home addresses are puhlic records once received by a government agency. If you do not want your a -mail address, phone number or home address released if the County receives a public records request, you can refrain from including such Information on this sheet. You have the option of checking with the County staff on your own to ohtain updates an the project as well as checking the County Web site for additional information. L�,l O E' W -IFI � NEIGHBORHOOD INFORMATION MEETING IMMOKALEE RANDALL COMMERCIAL PLANNED UNIT DEVELOPMENT (PL-20230002455) & IMMOKALEE RANDALL COMMERCIAL SUBDISTRICT (PL-20230002460) MONDAY, AUGUST 7, 2023 AT 5:30PM PLEASE PRINT CLEARLY ***please be advised*** the information on this sheet is to contact you regarding this project and future public meetings. Under Florida law, a -mail addresses, phone numbers and certain home addresses are public records once received by a government agenry. If you do not want your a -mail address, phone number ar home address released if the County receives a public records request, you can refrain from including such information on this sheet. You have the option of checking with the County staff on your own to obtain updates on the project as well as checking the County Weh site for additional Information. Name Address City, State Zip E-Mail Address a �(�SCorrzg ao(• =12n/�•i roo-S .f��1 c''IJ °�'I'f� ♦'r✓'t Ne •.1a0 \es 3�{i7J Cnn:Z 45 vSan� a,i.W IHM • HOLEXwman comOO LI a Bopany July 21, 2023 Re: Immokalee Randall Commercial Subdistrict (PL-20230002460) Immokalee Randall CPUD (PL-20230002458) HM File No. 2023.025 Deaz Property Owner: Please bdMnJ.teMs, ualhBemCP, Senior Vice Presidnaneremie Chatain, AP,PCo on behalf of the applicant, have made the following two concurrent applications to Collier County Growth Management: I. Immokalee Randall Commercial Subdistrict (PL-20230002460) The land use designation is currently Estates —Mixed Use District, Residential Estates Subdistrict. This is a request fora Small -Scale Growth Management Plan Amendment (SSGMPA) to create the Immoltalee Randall Commercial Subdistrict to allow a maximum of 125,000 squaze feet of gross floor azea of C-3 Commercial Intermediate District uses including up to 80,000 squaze feet of indoor air conditioned self -storage; and 2. Immokalee Randall CPUD (PL-20230002458) Thep, is caned E-Estates with Wellfield Risk M anagement Special Treatment Overlay Zone W-3 and W-4 (E-ST/W-3 and E-ST/W-4). This is a request to rezone the property to a Commercial Plaaned Unit Development (CPUD) to allow a maximum of 125,000 square feet of gross floor azea of C-3 Commercial Intermediate District uses including up to SQ,000 squaze feet of indoor air oonditioned self -storage. The subject property is comprised of three pazcels totaling t9.86 acres in size and located in Section 27, Township 48, Range 27, Collier Co- Florida. The subject property is located adjacent to and south of Immokalee Road, approximately 773 feet west of the intersection of Immokalee Road and Randall Boulevard. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to hm a presentation about this petition and ask questions. The Neighborhood Information Meeting will beheld on Monday, August 7, 2023 at 5:30 p.m. at Collier County UF/IFAS Extension, 14700 Immokalee Road, Multi - Purpose Room, Naples, Florida 34120. Zoom is being provided as an option to those unable to attend the meeting in person. However, if technical difficulties arise with Zoom, the technical difficulties will not be grounds to invalidate the meeting. If you would like to participate via; oom or view a video of the meeting please email us at NeighborhoodMeeting_(dhmene.com and we will send zoom invite or a link of the video. You may also email any comments or questions to Nei P.hborhoodMeetina(a�,hmene.com. Please reference Immokalee Randall SSGMPA &CPUD in subject line. 950 Encore Way, Naples, FL 34720 P: 239.254.2000 holemantes.<om � bowman.com H �2p23U.023025\VlNPnDZWIMNroperty Owner Letter (7-21-2023).docx I-IM� HOLEa BoMTONES wman company Very holy yours, HOLE MONTES, a BOWMAN COMPANY Robert 7. Mulhere, FAICP Senior Vice President I2JM/sek FIM959EamreWay Location Map Naples, FL 36110 Immokalee Randall Commercial Subdistrict HOLEMON mE3 Phone: �239)2542000 Immokalee Randall CPUD 950 Encore Way, Naples, FL 34110 P: 239.254.2000 holemontes.com I howman.com H:\2023\2023025\WP\PUnZWINNroperty Owner Letter ('/-21-2023).ducx Per heretbhye mhaepdrt rtowner's lis, and copy of -paper advertisement which are davit of Compliance. xz (Signature of Applicant) STATE OF FLORIDA COUNTY OF COLLIER The foregoing Affidavit of Compliance was acknowledged before me this 21st day of July 2023 by means of pbysical presence or _online notarization, by Robert J. Mulhere, FAICP Senior Vice President of Hole Montes a Bowman Com an , who is personally known tome or who has produced as identification. Signature f Notary Public �JeoVYe�nl! t/ �� � (1VotarySead) Printed ame of Notary ,��"'s%�"F.; STEPHANIE IUIOI '_ Natary Pyblb5tate ai Fbriba ';�'," Cammnsim MGG 9658J9 .,a,ry: ` My Camm. Eaplrn Nar 9, 282a BOndad tNrauBN Na[bnal Nmary Assn, n:\2023\2023025\WP\PUDZ\NIA1\Affidavi[ofComplience ('/-21-2023J,dac 1110 GGE LLC 1993 SCHMITT FAMILY TRUST 221 18TH AVE NW NAPLES LLC 12543 COLLIER5 RESERVE DR 735 MOLLY KNOLL CIR 15275 COLLIER BLVD # 116 NAPLES, FL 34110---0 LAS VEGAS, NV 89123---701 NAPLES, FL 34119--- 6750 241 24TH AVE NE LAND TRUST 261 20TH AVE NE LLC 2850 RANDALL LLC C/O C LEE 6011 WESTPORT LANE 2430 VANDERBILT BEACH RD 3526 SUNGARI CT NAPLES, FL 34116 --- 0 #108 425 NAPLES, FL 34119 --- 0 I NAPLES, FL 34109 --- 0 2859 BLOSSOM CT LAND TRUST 390 20TH AVE NW LLC 531 20TH AVE NE LLC 9468 FOXGLOVE LANE 6011 WETPORT LANE 85 31ST ST 5W � NAPLES, FL 34120 --- 0 I NAPLES, FL 34116 --- 0 NAPLES, FL 34117 --- 0 707 MEYER DR ORANGETREE LLC 895 24TH AVE ANNEX LLC 895 24TH AVE ANNEX LLC 1673 SERRANO CIR 5621 WHISPERWOOD BLVD #901 5621 WHI5PERWOOD BLVD #901 NAPLES, FL 34105 --- 0 NAPLES, FL 34110 --- 0 NAPLES, FL 34110 --- 0 ACCILIO, LESLIE ACEVEDO MUNIZ, GABRIEL & NUBIA 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CHANCERY CRESCENT 2631 4tr' Street NW ORLEANS K4A 4N3 CANADA Naples, FL 34120 j i Citrus Greens at Orange Tree Owners Association, Inc. 1130 Grove Drive Naples, FL 34120 i it II Valencia Lakes Property Owners Association, Inc. 2223 Grove Drive Naples, FL 34120 ! I Neighborhood Information Meetin August 1 ............. PL-20230002460 2 Project leam. • Applicant: GM Advisors, LLC • Robert Mulhere, FAICP, Hole Montes, a Bowman Company • Norman Trebilcock, AICP, PTOE, PE, Trebilcock Consulting Solutions, PA Jeremie Chastain, AICP, Hole Montes, a Bowman Company Nicholas Pearson, Turrell, Hall & Associates, Inc. Ulm 141W HOLEMONTES a o- -P-y General Information 3 • Required Neighborhood Information Meeting (must be held after 1st round of staff review & prior to Planning Commission public hearing). • Public hearings (CCPC & BCC) have not been scheduled. • We offer Zoom participation as a courtesy. On occasion there have been issues associated with this technolog. We have worked hard to avoid such issues, arrivin� hours before this mee , ng to be sure everything is functioning proper y. • We are also recording this meeting (both audio and video). After the team presentation, we will open the meeting for comments and questions. You must use the microphone, identify yourself, and indicate where you live. • No comments or questions will be recognized if not made on the microphone. We will be happy to make this recording available to anyone. You can email us at Neighborhood meeting @hmeng.com to request a 12 or to ask any additional questions you may have. HOLEMONTES . 13- -P-y Location NM� HOLEMa OMNTES 5 Small -Scale Ie Growth Management Plan Amendment (SSGMPA) to create - • I I - Randall Commercial Subdistrict I • I companion rezone Commercial Planned Unit Development (CPUD) to allow for up to 125,000 square feet of gross floor area of C-3 — Commercial Intermediate uses, of • to 80,000 square feetof gross floor may consist of Indoor Air -Conditioned Mini and Self Storage. .. IHM I HOLEMONTES a Bowman company - ESTATES DESIGNATION Rural Setllemenl Area Disbict -LI1.1iTS OFS UF,JECT SITE- ��• EM�NTES • � NM� HOLEMONTES W10 USE UNDEVELOPED NGLE-FAMILY _ _ NC yy �FFERON/ ��vA� � EABEMEM NATNE II; FF£ •IJ ON I �uMl BUFFER i I I� ZONING: ESTANJ ZONING ESfAW lANO USE. GGLNOLE-FM11LY IAND UBE FURIRE COLLIER COUNTY MANAOENIENTLVU: ZONING: ESTM4jCU1 LAND USE NORTH COWER FIRE RESCUE Cf STATNIN f0 IANDUBESUMMARY ED NATNEVEGETATION BUFfER TRACIB 1.Z6 AC TRACK 8.6p AC TOTAL 9.80 AC MN.OPENSPACE REpUREDPRWNE013P%Y 3.13 AC MN. NAINEVFGETATOX RElEH110H REpCIRED4ROA0EDOBBAC DVCTB RETNNS NAINE�EGETA1roX 60WVLPHONIpE1ME PEWIREp MNINUN NAINFVEGETA1gNRE1ENROX pF0.MAG IMMONALEERANDALL �=Z CPUD I� �_ IMAsrER PUN �. ExfsnNC NATrvEVECETAnfmwTRAcrBMAr eE UBEDTD MEET REOMRED LANDSCME BUFFERS IN HLBIT F. DEVELOPER DOMMITMEM'1B. Z RETAINED NATrvE VEGETATION WITHIN TPACTBMAY BE USED TO SATISFYTHE PERIMETEp IANDSGPE BUFFER PIANi1NG REW IRFMENTS AFTER EYOTIC VEGETATION RfMWAL IN ACCORDANCE WITH LOC SEC.0.LW.03 &dA6.BSEi. SUPPIEMEMAL PLANTNGS UTILIZING NATrvF PLANT MATERIALS MAY BE 0.EOUIRED IN ACCORDANCE WfIH lDC SECTION 3.DS.BT. i0 ENSURE THATBB%OPACItt R ACHIEVED WITHIN ONE TYPE SIZE&NUMBER OF SUCH PIANIINGS, IF NECESSARY, WILL BE DEnPMINED AT THE OF IN LTML SOP OR PLAT & INC W DED ON THE LANDSCAPE PLANS FDR THE SDP OR PLAT. S UP T025%OF THE WIDTH OFTPA[TB MAY BE UntIZED FOR STORMWATFR MANAGEMENT A MA%IMUM BUILDING HFIGHT.ZONFD dO'/ACTUAUdi' S iF, AT THETIMETNE FIRST BUILDING PERMIT (S I$$UED, THE PRDPERtt TOTHE WEST IS NO LONGERZONED (OR RESIDENTIAL USES A tD TYPE A BUFFER LOCATED EITHER PAM10EL OR SNARED WNN EACH ABtfRING PROPERtt CONTNIBUnNG 6' SHALL BF PROVIDED. oELn L 1 IMMOKIILEE RANDALL —G�"' �A" �'"' CPUD II���� MAsien Pux Shopping Plaza 40k — 150k 100,000 SF 1 1 1 Total 6,752 254 265 519 107 66 173 No Supermarket Pass -By 173 25 64 66 130 24.9 27 16 43 Net New 6,579 190 199 389 80 50 130 • The maximum total daily trip generation for the proposed development shall not exceed 389 two-way PM peak hour net new trips. FIM HOLEMONTES