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CCPC Agenda 02/06/2025
COLLIER COUNTY Planning Commission AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 6, 2025 9:00 AM Joseph Schmitt, Environmental - Chairman Chuck Schumacher - Vice-Chair Paul Shea, Environmental - Secretary Randy Sparrazza Charles (Chap) Colucci Michelle L. McLeod Mike Petscher Amy Lockhart, Collier County School Board Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on an item if so recognized by the chairman. Persons wishing to have written or graphic materials included in the CCPC agenda packets must submit said material a minimum of 10 days prior to the respective public hearing. In any case, written materials intended to be considered by the CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the public hearing. All material used in presentations before the CCPC will become a permanent part of the record and will be available for presentation to the Board of County Commissioners if applicable. Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 1. Pledge of Allegiance 2. Roll Call 3. Addenda to the Agenda 4. Planning Commission Absences 5. Approval of Minutes 6. BCC Report - Recaps 7. Chairman's Report Page 1 of 886 8. Consent Agenda 9. Public Hearings 9.A. PL20230011384 - Ochopee Fire Control Station Communication Tower Conditional Use - A resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a 350-foot-tall communications tower on an essential service site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code, located on approximately 5,217+/- square feet of a 5.34+/- acre tract located at the Ochopee Fire Control Station 66, 40808 Tamiami Trail E, Ochopee, in Section 35, Township 52 South, Range 30 East, Collier County, Florida.[Coordinator: Ray Bellows, Planning Manager] (2025-28) 9.B. PL20220005195- Hope Home II Subdistrict GMPA- 3150 62nd Street S.W. - An Ordinance of The Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Urban Golden Gate Estates Sub-Element of the Golden Gate Estates Master Plan Element and Urban Golden Gate Estates Future Land Use Map and map series to create The Hope Home II Institutional Subdistrict by changing the land use designation from Mixed Use District, Residential Estates Subdistrict to Estates-Commercial District, Hope Home II Institutional Subdistrict to allow a recovery residence limited to 23 residents and three resident supervisors, a single family dwelling and a family care facility, and furthermore directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is ±4.47 acres and located at 3150 62nd Street SW in Section 29, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Parker Klopf, Planner III] (Companion Item PL20220005096) (2025-160) 9.C. PL20220005096 - Hope Home PUDZ- 3150 62nd Street S.W. - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning district for the project to be known as the Hope Home II CFPUD, to allow a recovery residence limited to 23 residents and 3 resident supervisors, or in the alternative a single-family dwelling and a family care facility, for property located at 3150 62nd Street S.W., in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.47+/- acres; and by providing an effective date. [Coordinator: Nancy Gundlach, Planner III] (Companion Item PL20220005195) (2025-37) 10. Old Business 11. New Business 12. Public Comments 13. Adjourn Page 2 of 886 2/6/2025 Item # 9.A ID# 2025-28 PL20230011384 - Ochopee Fire Control Station Communication Tower Conditional Use - A resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use to allow a 350-foot- tall communications tower on an essential service site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code, located on approximately 5,217+/- square feet of a 5.34+/- acre tract located at the Ochopee Fire Control Station 66, 40808 Tamiami Trail E, Ochopee, in Section 35, Township 52 South, Range 30 East, Collier County, Florida.[Coordinator: Ray Bellows, Planning Manager] ATTACHMENTS: 1. Ochopee Tower CU Staff ReportDDP 2. Att A - Resolution - 011425 3. Att B - 5.05.09___Communications_Towers Rev. 4-30-2021 4. Att C - County Manager Statement 5. Att D - FALL RADIUS LETTER SS 6. Att E - MOSQUITO CONTROL EMAIL 7. Att F - Application Backup-CCPC PACKET 8. Sign Affidavit and Photo Page 3 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 1 of 11 January 22, 2025 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING DIVISION – ZONING SERVICES SECTION GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT HEARING DATE: FEBRUARY 6, 2025 SUBJECT: PL20230011384; OCHOPEE FIRE CONTROL STATION COMMUNICATION TOWER (CU) ______________________________________________________________________________ PROPERTY OWNER/AGENT: Owner: Collier County Board of County Commissioners Agent: Jeff Davidson, P.E. Ochopee Fire District Davidson Engineering, Inc. 3301 Tamiami Trail E, Bldg. F 4365 Radio Road, #201 Naples, FL 34112 Naples, FL 34104 REQUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider establishment of a Conditional Use to allow a 350-foot-tall communication tower on the Ochopee Fire District essential service site within the Conservation zoning district (CON) and Big Cypress Area of Critical State Concern Special Treatment Overlay (ACSC/ST) pursuant to Sections 2.03.09.B.1.c.5 and 5.05.09 of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The property is 5.34± acres located on the south side of Tamiami Trail East, approximately 5.4 miles east of the Tamiami Trail East intersection with State Road 29. The property address is 40808 Tamiami Trail East, Ochopee, in Section 35, Township 52 South, Range 30 East, Collier County, Florida. (See location map on the following page) Page 4 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 2 of 11 January 22, 2025 PURPOSE/DESCRIPTION OF PROJECT: The subject site is 5.34± acres in Ochopee in southern Collier County. The site is within the Conservation designation and Big Cypress Area of Critical State Concern (ACSC) on the Future Land Use Map and is zoned Conservation zoning district and Big Cypress Area of Critical State Concern Special Treatment Overlay (CON-ACSC/ST). The site is partially developed as Ochopee Fire Control Station 66. The Collier County Board of County Commissioners is the governing Board of the Ochopee Fire District. The proposed communication tower is an essential service for fire protection and will enable transmissions of the State of Florida State Law Enforcement Radio System (SLERS) and Collier County P25 800Mhz Public Safety critical communications radio system. The tower is proposed because of a forced relocation from the tower that exists approximately 5.4 miles to the west at the intersection of Tamiami Trail East and State Road 29, known as “Carnestown.” See Attachment B to explain the proposed tower's public safety purpose. The site has been improved with the 3,480-square-foot fire station since 1977. The Concept Plan submitted with the petition depicts the proposed tower to the rear of the Fire Station, with a proposed 20-foot-wide ingress/egress and utility easement connecting to Tamiami Trail along one of the two existing driveways. Page 5 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 3 of 11 January 22, 2025 Concept Plan 1, Compound Layout by Davidson Engineering Land Development Code Section 4.02.14 and the Florida Administrative Code establish strict design standards for development in the Big Cypress ACSC/ST Overlay district. Absent an agreement between Collier County and the state land planning agency (formerly Florida Department of Economic Opportunity, now Florida Department of Commerce) pursuant to Section 380.032(3), Florida Statutes, site alteration is limited to 10% of the site (but with a minimum allowance of 2,500 s.f.) and non-permeable surfaces cannot exceed 50% of that 10%. The petitioner indicates that compliance will be maintained with the applicable design standards. The Concept Plan submitted with the Conditional Use request indicates that alteration is limited to approximately 10% of the site; the non-permeable surface is limited to 0.27 acres or 50% of the altered area. Page 6 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 4 of 11 January 22, 2025 The petition was originally submitted prior to the February 27, 2024, adoption of Ordinance 2024-05, an LDC Amendment related to wireless communication facilities. The petitioner opted to proceed with the conditional use review process subject to the LDC provisions that applied prior to the LDC Amendment. See Attachment C for the standards of LDC section 5.05.09 that applied (effective through Ordinance 21-05) prior to the enactment of Ordinance 2024-05. Per LDC 5.05.09.G.3. effective through Ordinance 21-05: Specified conditional uses – Towers may be allowed to any height as a conditional use on sites approved for a conditional use essential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff’s substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. Per LDC section 5.05.09.G.7. effective through Ordinance 21-05, towers on essential service sites were excepted from separation requirements. Therefore, the proposed separations displayed on the Concept Plan comply with applicable standards. Per the petitioner’s fall zone letter (see Attachment D), the fall zone radius is 250 feet measured from the base of the tower. Per LDC section 5.05.09.G.8. effective through Ordinance 21-05, all owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. Staff recommends including this as a condition of approval. Several other petitions have been submitted in addition to the Conditional Use request: • Administrative Variance (PL20240010755) was approved allowing a fence waiver. • Site Development Plan (PL20230016462) is pending review. • Zoning Verification Letter (PL20230003893) was issued verifying the radio tower for public safety communications is a Conditional Use per LDC sections 2.03.09.B.1.c.2. and 2.01.03.G.4., subject to Section 5.05.09. Section 4.02.14.F. of the LDC sets forth that approval of a site alteration plan or site development plan for development in the ACSC/ST district requires review by the Planning Commission and Environmental Advisory Council and approval by the Board of County Commissioners, except that the site development plan may be administratively approved if a conditional use has been approved. (The remainder of this page is intentionally blank.) Page 7 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 5 of 11 January 22, 2025 SURROUNDING LAND USE AND ZONING: This section of the staff report identifies the land uses and zoning classifications for properties surrounding the subject property's boundaries, which is zoned Conservation with Big Cypress Area of Critical State Concern Special Treatment Overlay (CON-ACSC/ST). North: Big Cypress National Preserve, zoned CON-ACSC/ST South: Big Cypress National Preserve, zoned CON-ACSC/ST West: Big Cypress National Preserve, zoned CON-ACSC/ST, beyond which is a residential property East: Skunk Ape Research Headquarters and Trail Lakes Campground, zoned CON- ACSC/ST GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Conservation as depicted on the Future Land Use Map (FLUM) of the Future Land Use Element (FLUE). The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental, recreational, and economic benefits. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier Islands, coastal bays, wetlands, and habitats for listed species deserve particular attention because of their ecological value and sensitivity to perturbation. Because of this, all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destroy or unacceptably degrade the inherent functional values. Relevant to this petition, Conservation designated lands allow for essential services necessary to ensure public safety. The proposed petition for a communication tower at the Ochopee Fire Page 8 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 6 of 11 January 22, 2025 Control Station, which was initiated by Collier County Emergency Management, is considered to be essential for providing direct assistance on matters of security, fire safety, and personal welfare. According to the FLUE, this use is deemed allowed within the Conservation designation, and thus, the proposed Conditional Use is deemed consistent with the Future Land Use Element. Transportation Element: The project is consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan, which states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occur: a. For links (roadway segments) directly accessed by the project where project traffic is equal to or exceeds 2% of the adopted LOS standard service volume; 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 information provided by the applicant, the proposed EMS Communication Tower Ochopee will generate a de minimis number of maintenance-related trips monthly based on similar facilities in Florida. Normally, this can be approximately 1 trip per month, depending on the facility. Therefore, the subject Conditional Use is found to be consistent with Policy 5.1 of the Transportation Element of the GMP. Conservation & Coastal Management Element (CCME): Environmental review staff has found this project to be consistent with the Conservation & Coastal Management Element (CCME). The project site is located within the ACSC overlay and consists of 4.43 acres of native vegetation onsite. A minimum of 0.66 acres of preserve is required; the preserve shall be placed under preservation and dedicated to Collier County. Page 9 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 7 of 11 January 22, 2025 GMP Conclusion: This Conditional Use, as proposed, will be consistent with the GMP. Federal Law It should be noted that Section 704 of the Telecommunications Act of 1996, codified at 47 USC 332(c)(7)(B)(iv), prohibits environmental concerns (or health concerns) as a reason for denial of cell towers by a local jurisdiction. If the CCPC recommends denial of the petition, it should not be based on health effects but rather on one of the five areas of analysis below for Conditional Use. STAFF ANALYSIS: Staff has completed a comprehensive evaluation of this land use petition, including the criteria on which a recommendation must be based. This evaluation is completed as part of the Zoning and Land Development Review provided below. In addition, staff offers the following analyses: Environmental Review: Environmental Services staff has reviewed the Conditional Use petition to address environmental concerns. The property is located within the Area of Critical State Concern-Conservation/Special Treatment Overlay (CON-ACSC/ST). A portion of the property has been cleared and used for Fire Station 66. The ACSC/ST limits site alteration to 10 percent of the site, which is 0.53 acres (the property is 5.3 acres); the applicant indicates site alteration of 0.52 acres. The required preserve is 0.66 acres (15% of 4.43 acres). The Concept Plan provides more than the area of preserve needed. The environmental data indicates the proposed project is in an area that has the potential to contain a variety of protected plant and animal species. The proposed project is located within core foraging ranges for eight Wood Stork (Mycteria americana) colonies; the nearest colony is 18.5 miles from the subject property; no Wood Storks were observed on-site. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted bats (Eumops floridanus). Although there are native vegetated areas present onsite, no evidence was found indicating Bonneted Bat was utilizing the trees or structures. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data indicate the presence of Black bears (Ursus americanus floridanus) in the area. The Environmental Data indicates the subject property falls within (the FWS) Primary Florida Panther (Felis concolor coryi) habitat. There were no observations of panthers on-site, and the telemetry data indicates Florida panthers are not present within the boundaries of the proposed project. However, because of the property’s location and the surrounding areas contain habitats preferred by the Florida panther (freshwater forest), consultation with FWS to obtain panther mitigation may be required. Consultation with the US Federal Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding guidelines and permitting requirements will be required prior to construction for impacts to all listed species. This project does require Environmental Advisory Council (EAC) review, as this project did meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, the subject property is located within ACSC Overlay. Environmental Services staff recommends approval of the petition, with the following condition of approval: Page 10 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 8 of 11 January 22, 2025 • All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. Transportation Review: Transportation Planning staff has reviewed the petition for compliance with the GMP and recommends approval. Landscape Review: During Site Development Plan review, a landscape plan will be reviewed to ensure compliance with the LDC requirements for perimeter landscape buffers and plantings. Historic/Archeological Review: Zoning staff reviewed GIS Historical Probability Maps and found no Historical Structures, Historical Districts, Historical/Archaeological Probability Areas, or Archaeological Sites in the area proposed for the telecommunications project. The State Historic Preservation Office also reviewed and stated in a letter dated August 10, 2023, that no historic properties will be affected (directly or indirectly) by the proposed tower. Mosquito Control District Review: Per LDC Section 5.05.09.G.24. effective through Ordinance 21-05 (current LDC Section 5.05.09.I.3.), the applicant must supply a copy of the application to the Collier Mosquito Control District (CMCD) or designee for towers greater than 150 feet in height. See Attachment E for correspondence from the CMCD indicating the proposed tower is outside of current CMCD boundaries, needs no approval from CMCD, and should not negatively affect the CMCD airborne efforts. Conditional Use Findings: Before any Conditional Use recommendation can be offered to the BZA/BCC, the Collier County Planning Commission (CCPC) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of the neighborhood, and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Section 2.03.09.B.1.c.5, of the LDC permits wireless communication facilities as conditional uses in the Conservation zoning district, subject to LDC Section 5.05.09. The proposed tower is allowed for conditional use in the Conservation zoning district, subject to the standards established in section 5.05.09 governing wireless communication facilities. Also, LDC section 2.01.03.G.4. governing essential services establishes that communications towers, subject to all applicable provisions of LDC section 5.05.09, are conditional uses in the Conservation zoning district. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP). Staff has found this request is consistent with the Growth Management Plan (GMP). The development of conditional uses shall be in compliance with the applicable provisions of the Land Development Code (LDC). No deviations are requested. Page 11 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 9 of 11 January 22, 2025 Per LDC section 4.02.01.A., any non-conforming platted lot of record in the Conservation zoning district that existed before November 13, 1991, is subject to a minimum front yard setback of 40 feet; minimum side yard setback of 10% of the lot width (the subject site’s lot width is 136.5 feet) but no more than 20 feet on each side; and minimum rear yard setback of 30 feet. The Concept Plan indicates compliance with these setbacks. Per LDC section 5.05.09.G.7. effective through Ordinance 21-05, towers on essential service sites were excepted from separation requirements. Therefore, the proposed separations displayed on the Concept Plan comply with applicable standards. Per the petitioner’s fall zone letter (see Attachment D), the fall zone radius is 250 feet measured from the base of the tower. Staff recommends including the provision from LDC section 5.05.09.G.8. effective through Ordinance 21-05 as a condition of approval: • All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 3. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site has been improved with the 3,480-square-foot fire station since 1977. The Concept Plan submitted with the petition depicts the proposed tower to the rear of the Fire Station, with a proposed 20-foot-wide ingress/egress and utility easement connecting to Tamiami Trail along one of the two existing driveways. The relatively limited scale of the development ensures that no significant traffic impacts are anticipated. Operational impacts will be addressed at the time of the first development order (SDP or Plat). Additionally, the project’s development must comply with all other applicable concurrency management regulations when development approvals are sought. 4. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. During Site Development Plan review, the development will be reviewed to ensure compliance with the LDC requirements for perimeter landscape buffers and setbacks. This compliance with the compatibility standards imposed by the LDC will assist in mitigating any effects the proposed Conditional Use will have on the neighboring properties. The petitioner’s backup material includes documentation prepared to address review requirements of the National Environmental Policy Act (NEPA). The review concluded with a recommendation of finding no adverse visual effects on historic properties in the area of potential effects. Per LDC section 5.05.09.G.7. effective through Ordinance 21-05, towers on essential service sites were excepted from separation requirements. Therefore, the proposed separations displayed on the Concept Plan comply with applicable standards. Per Page 12 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 10 of 11 January 22, 2025 the petitioner’s fall zone letter (see Attachment D), the fall zone radius is 250 feet measured from the base of the tower. Staff recommends including the provision from LDC section 5.05.09.G.8. effective through Ordinance 21-05 as a condition of approval: • All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 5. Compatibility with adjacent properties and other properties in the district. The petitioner proposes the tower on an already impacted site. Most of the surrounding area is undeveloped, natural lands. The petitioner’s backup material includes documentation prepared to address review requirements of the National Environmental Policy Act (NEPA). The review concluded with a recommendation of finding no adverse visual effects on historic properties in the area of potential effects. To ensure lighting on the property and the tower conforms to safety requirements at levels compatible with the surrounding natural area, staff recommends the following conditions of approval: • All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project does require Environmental Advisory Council (EAC) review, as this project does meet the EAC scope of land development project reviews as identified in Section 2-1193 of the Collier County Codes of Laws and Ordinances. Specifically, the project is a conditional use within the Area of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay. Environmental Services staff recommends approval of the petition, with the following condition of approval: • All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent conducted a NIM on Thursday, May 9 at 5:30 p.m. The meeting was held at Everglades City Hall in the council chambers, located at 102 Copeland Ave, Everglades City, FL 34139. As no members of the public attended, no presentation was given. The project team left at 6:00 PM. A NIM summary is included in Attachment F. Page 13 of 886 CU- PL20230011384; Ochopee Fire Control Station Communication Tower Conditional Use Page 11 of 11 January 22, 2025 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office reviewed the staff report for PL20230011384 on January 14, 2025. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward Petition CU- PL20230011384 to the Board of County Commissioners (BCC) with a recommendation of approval subject to the following conditions: 1. All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 2. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. Attachments: A. Draft Resolution B. County Manager Letter C. LDC section 5.05.09, Communication Towers (effective through Ordinance 21-05) D. Fall Zone Certification letter E. Collier Mosquito Control District (CMCD) correspondence F. Application/Backup Material Page 14 of 886 RESOLUTION NO.2025 - A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A 3s0-FOOT-TALL COMMUNICATIONS TOWER ON AN ESSENTIAL SERVICE SITE WITHIN THE CONSERVATION ZONING DISTRICT (CON) AND BIG C}?RESS AREA OF CRITICAL STATE CONCERN SPECIAL TRE,ATMENT OVERLAY (ACSC/ST) PURSUANT TO SECTIONS 2.03.09.8.1.c.5 AND 5.05.09 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, LOCATED ON APPROXIMATELY 5,217+ SQUARE FEET OF A 5.34+ ACRE TRACT LOCATED AT THE OCHOPEE FIRE CONTROL STATION 66,,10808 TAMIAMI TRAIL E, OCHOPEE, IN SECTION 35, TOWNSHIP 52 SOUTH, RANGE 30 EAST, COLLIER COT]NTY, FLORIDA. (PL2023001r384) WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has confened on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection ofthe public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County. among which is the granting ofConditional Uses; and WHEREAS, pursuant to Collier County Code of Laws Section 2- I I 93(m)(5)b., the Collier County Planning Commission, also sitting as the Environmental Advisory Council (EAC), on February 6, 2025, considered the proposed conditional use application and recommended approval olsaid amendment to the Board of County Commissioners; and WHEREAS, the Board of Zoning Appeals (BZA), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability ofa Conditional Use to allow a 350-foot-tall communications tower on an Essential Service Site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concem Special Treatment Overlay (ACSCiST) pursuant to sections 2.03.09.B.1.c.5 and 5.05.09 (prior to Ord' No. 24-05, $ 3.N) of the Coltier County Land Development Code on the property hereinafter described, and the Coltier County Planning Commission has made findings that the granting of the Conditional Use will not adversely alfect the public interest and the specific requirements goveming the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. of the Land Development Code; and [24-CPS-02458/ 1912822/ I ] 58 EMS Communications Tower Ochopee cu-PL2023001 1384 l/14/2024 Page I of2 c{rt Page 15 of 886 NOW, THEREFORE, BE IT RESOLVED BY APPEALS OF COLLIER COUNTY, FLORIDA, that: THE BOARD OF ZONING Petition Number PL2023001 1384 filed by Jeff Davidson, P.E., of Davidson Engineering. Inc., on behalf of the Board ol County Commissioners ol Collier County, Florida, as Goveming Board of Ochopee Fire District, with respect to the property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use to allow a 350-foot-tall communications tower on an Essential Service Site within the Conservation Zoning District (CON) and Big Cypress Area of Critical State Concem Special Treatment Overlay (ACSCiST) pursuant to sections 2.03.09.B.1.c.5 and 5.05.09 (prior to Ord. No. 24-05, $ 3.N) of the Collier County Land Development Code, in accordance with the Conceptual Site Plan described in Exhibit "B", and subject to the Conditions of Approval in Exhibit "C". Exhibits "A", "B", and "C" are attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of the Board of Zoning Appeals. This Resolution adopted after motion, second, and super-majority vote, this _ day of 2025. ATTEST: CRYSTAL K. KINZEL, CLERK By: . Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attomey [24-CPS-02458/ 1912822/ I ] 58 EMS Communications Tower OchoPee cu-PL2023001 138.1 I /l,l/2024 BOARD OF ZONING APPEALS COLLIER COLJNTY, FLORIDA By: Burt L. Saunders, Chairman Aftachments Exhibit "A" - Legal Description Exhibit "B" - Conceptual Site Plan Exhibit "C" - Conditions ofApproval qPage 2 of 2 WHEREAS, all interested parties have been given opportunity to be heard by this BZA in a public meeting assembled and the BZA having considered all matters presented. Page 16 of 886 I All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. Towers located in the Big Cypress Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 2 o'{o124-CPS -024 5 I t 19 | 4322 t 1)Page 1 of I EXHIBIT "C" Conditions of Approval Page 17 of 886 cpaFEEIi9't069 0I sgltsSt E90n rfx-i-sU]gVNW lrorDrl 5 0l:slsl1fllDs SUINr{YtdISU ll|CN] :{ill,{H.sEiFiE volao'U',uNnoc lrlrroc'('ucc oe6 ce'll! a!o) ls.a oa llt,li!'Hrnos ac drHsNro.r (T,l1 [rrryl) rr, sn Jo Hrno6 cNL\r'ec roll!]s ro(z/L 3) -'Mr-rsvj rHl ro (a/r l) JMr-rsr3 3Hr .Jo (z/r ) ..lr}Frs{3|u lo (z/l r) JrH-rsr 3lr1 lo (z/r 3),rll}i-isvl 3Hr lo Norsor.nlrr E E,E I6E J31a66;Ez5/y\0' r o9x-0s -A\ovc\,\r^r ns\ r o9x-N^\o1slNUV3 - v \aouo10t\-v 6 I z00ez L0 \srorroud cO OO\Nc E- l!'= O@@h-q*-.o slre'NF3 xs-o9=F ;E =n*0. coE 3 n9 -_L ad t4 BiF (J F. tlO oQ",f,6fEecUl?FlqeBii?=efr*EHk9sar:YF;sHEr.=EEi3€rtsEO6b'=EEEe3;P=?Hs"'+:u9i=hO-IYLtsrjhts!-o-iiooRfrc'QHPH+qk+i$'si I -Ae3F-o -tr85 -A$q -:FXl EEUSisfr,^6ir<6i'-:s956b';a -PFfrcQ0g6etr&5 E>N>-5..p -cs1tsx>Eu .5^2248eld,o,za ?tr:3<.< > \zzz iPz i o!Yl i!*K=9 60i!I i>I! < b a:;>o;oEa9a64z <)z9*<Etr-dE<i'4ra3ao>EcE96*=t*" 3":Etsq;<UBA9+E- -=86:i=3ant* 6BZe g t =E d c=LIPIP#"taE3.-6 zP lz Zq )p-UPH io{I <a,-3 sEE 683 -?o go8 38"' ooS EZ\ .i- E<o <iIi q q ri E,q*iiE2'ilr=;o. <u5 rlt-E23" E9? 6i n & >E >; ?B !g E= -li 9E 2o E< o a7r,le rt oql c.t 1 d E - z z Z a 5 H z a 9 i :3 = tr za s a 2 iiEZ q! -\4-ur 5 .=- u H 6 5 k ---qE=!I SeUEE.cp s-,=EtrbE i3.$en!: ;r;pIHn oS!s:gk-gE--H+t *iE*.=Es KFEEE;* =;ait gq ,.,s;,,),{pFz-'*219tr-t=Yxl.:l ?,. 9 -.- - ;g-#IHEfi !l=!frHk };-6t{..--: rtz;i i a ,=-cEtEE F.!6,1i--@tic=5$u E+B?+3ES -hoz< oHq d-e_:..- Eirs5 9rz -g3; 5aco .ES =aE d(-|)x_ zxE .fb."3 ko3 468 e!d ,.tb OEA .<39 9E'-9 o & sUt*B ry9 41 2 tr &oar{e FI E -EL!J(rL:!2/, * aIr'rusEr)?..'o3;zH EsF'E-=398. 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"i:f t'Btr, oa_".o..hH:rEIFfl-! 3i= r; P; g; ;;;sigisE or9bl.l. i..: z>il1rro.-o- Ut66F'oHb< Fr \< =f ++J;rj 6g fi.o\z = uSi-is fs; *\d Z !i-c 95i F X af.lF z r't &p U) a l a q z F(.) &F ET2titr A xd262 ;-,1486bEE!i=i-61<H;E;IH5"s?*'<dSoo5-'636E*aa 'A=auyfrlEt=s?Esi3e9 A,^!io 6szb=zqEqifrs:q\>.2<E6P'==or!<'e 3EFEE9Eitfuu r - -=na<'32;E= ==x<'EPr=EH2: - 99 N0t1v1S ]oU.LNOC l8U l3dOHCONOIJdIU)SXO '' HJJOIS Page 18 of 886 cAosul9vY}l[0Dnul5l{0] :sls[ilnn | $]t{Nvu I sul}ltgill :**.".,.rv.r,TJffiI f x-r-a Iil2 {d11{I.arlpEE,{Yl No-u ^rNnoo Emoa ('r'r'r'996 cd z s'to)'hirG zc aHsMor (]nur rfinvr) lt, sn lo {lr\os 9 t et Mxrt:}s -to(a/r at tIrr-,s'j +u ro (z/l :) rwH-rsa1 ,Hr ro (2,/. r) JmFLsr?Hr ro (z/r r):rlrrFrs3lr rru { (a/r 3) :nfi-$v3 3ar,30 NollloJ lYHr I HE JrflE4ft99 NOT-j'VIS ]OU]No' IUB lldoHCoNOIIdIUJSEO )8 HCIf,XSnoud,M0 t 09x-0s-A 0vc NS [ 09x-N^\o-LSfNUVC-v \.touo10n-v 6 I z00ez t0 L)ofiE€=I€#sr3 tl 4q f h,-lUv):(Atra/fisi?Erd"glg+/ t-s,? $H,'.' a7di, EEAz Elg. tz,z< E t P Ex =frE E6 eUH-i,aL EE = 8g gBi iE:reli ssE E+= E:aEEeeA;HEgEg s - *: a? u E t PE J + iAE E E d 61!a6ax,.tsE -g9eEa88*Eal0a^ ts=5EBE 9tr0 tI E I I L -*b / q il m -z/ttl-a/L I lNn Is]flz/.99 9tI t-z9.I0.Ios 1- -o9 3h':Ee =:: n'aa I 0"00.00.00N Il 2 .00 08 E;: -f4'9r/I s"00.00.00s I li I 1 I E t-^--sIt t-00,00.00N I h I o.).F trIz J r,.i aI,I J O [itr 8[mn€L-:r = I U) O16 =HOff1Fcl;EArE!ep$[HsE=ed z. (J El A: , Y .89 07 '92IL g-00,oo.oos .zr" \ g 0N otrnE ltttu]Ylfh llols-!Page 19 of 886 sm ALTERNATTON FOR ACSC/Sr oVERLAY u)C SECT|oN 1-O2.11: SITE ALIERATION UMIED TO 1OZ OF SITE Sm ALTER TION ALLOWED = 0.53 AC SITE ALIERATION PROPOSEO = 0.52 AC SIIE NON_PERUEAELE SURFACE UMrrED TO 5OZ OF O.5J AC NON-PERMEABLE SURFACES ALLowO = 0.27 AC NON-PERMEABLE SURFACE PROPOSED = 0.27 AC NOTE: MINIM,AL vEGflAnON MAY 8E TRIMMED OR REMOVED WIBIN THE EXISTNC LANDSCAPE ISLANOS TO ACCOUMOOATE TOWER EREC]ION AS NECESSAFY. NOTE: SURFACE WATER MANAGEMENT TO MEET SFWMD STANDARDS. tJ.b5 SIOE SETBACK 4", 4< \\,o 13.65', SIDE SFTBACK x l * ioto8 to S,S(o o-o* &h,o- o,>< 38.58' PROVIDEDS BACK t-t RQVDEA SEIBACK x 70.a4' PROV]DED SETBACK 35.98' PROVIDED SEIBACK ::l:.'t F t I -.o,- -o-.Jw'^,6)<aT- ! d *^tr€t; ff !Li r)' .-'6a2 - "8",. o-- gl ut(..!e oro c.'l (x .l' "l I' PARKING REOU]REMEN-IS;BUILDING SETBACKS COMMUNICA]ION TOWER 2 SPACES REQUIRED 2 SPACES PROMDED PRESERVE CALCULATIONS: ' 152 = C .3aS Rrr. Ro# Sd. 201 DAVIDSON IF AREA IS ALTERED DURING CONSTRUCTION IT WlLL BE RE-VEGETATED PER COLLIER COUNTY LDC REQUIREMENTS PROPERTY LINE PROPOSEO 10'x20' LEASE AREAS PROPOSED 12' WDE ACCESS GATE PROPOSED T364 LF FENCE COI\,IPOUND15,217 SF OF COMPOUND (INSIDE FENCE)PROPOSED GENERATOR (T52 SF GENERATOR PAD) AND (2) 5OO GAL PROPANE TANKS (T'40 SF PAD) PROPOSED 350'SELF SUPPORTING TOWER (18s sF oF TOWER FOOTER) 4tl_x PROPOSED 12'x24' EQUIPIUENT SHELTER PROPERTY LINE I Iiii RfAR YARD (sourH)(NOR]H) SIDE YARD (E ST/^ilEST) REOU RED JO 166.27 1,245_12PRovIDED (SHELTER) 70.04'l38.s8'1,291.29'PRO\1DED (TOWER) EXHIBIT A CONCEPT PLAN 1 PROPERTY LINE PROVIDED PARKING . dr" UES ERA u$fi 7a ARE^ (EX. NArrvE VEGETAION ) 4.43 ACRES ' 152 = 0.66 ACRES (REoUIRED) = 4.43 ACRES (PROVIOEO) C EXHIBIT "B" €,'\9,?eo I I CONDITIONAL USE MASTER PLAN (JANUARY 9, 2025) PROPOSED 2O' NON-EXCLUSIVE INGRESS,EGRESS AND UTILITY EASEMENT TO RIGHT.OF-WAY 4l 1!W PRESERVE AREA 14.43 AC 4a'13.65'l13.65' 35.98'l73.4s' r68.64' Page 20 of 886 I 2 All outdoor lighting must be held to the minimum necessary for security and safety in accordance with state and federal guidelines for listed species. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. o 7o [24 -CP 3-024 5 8 I \ 9 I 4322 I | ]Page I of I EXHIBIT "C" Conditions of Anproval Page 21 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 1 of 14 5.05.09 Communications Towers A. Purpose and intent. This section applies to specified communication towers that support any antenna designed to receive or transmit electromagnetic energy, such as, but not limited to, telephone, television, radio, or microwave transmissions. This section sets standards for construction and facilities siting; and is intended to minimize, where applicable, adverse visual impacts of towers and antennas through careful design, siting, and vegetation screening; to avoid potential damage to adjacent properties from tower failure; to maximize the use of specified new communication towers and, thereby, to minimize the need to construct new towers; to maximize the shared use of specified tower sites to minimize the need for additional tower sites; to lessen impacts new ground mounted towers could have on migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or disturbance in siting and designing new towers; and to consider the concerns of the Collier Mosquito Control District as to low flying mosquito control aircraft safety. B. Definitions unique to commu nications towers, section 5.05.09. 1. As used herein "antenna" does not include (a) wire antennas or (b) "receive only" dishes that have an outside diameter of less than 40 inches. 2. Effective radius means a radius of 6 miles from the respective tower unless a lesser radius is approved. 3. Lesser effective radius means an approved radius of less than 6 miles. 4. "Unavailable to theapplicant" means a tower that cannot accommodate the applicant's proposed antenna or a site that cannot accommodate the applicant'stower, antenna, and related facilities. 5. "Unavailable" means that no additional tower or site capacity is available to anyone. C. Migratory Birds and other Wildlife Considerations. 1. Ground Mountedtowers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of 75 feet (above ground), exclusive of antennas, but will not exceed a height of 199 feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after February 20, 2004, greater then 75 feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 3 and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. 4. Security Lighting. When feasible, security lighting to protect on-ground facilities/equipment shall be down-shielded to try to keep such light within the outermost geographic boundaries of the tower's footprint. D. Shared use of towers. A tower with a height in excess of 185 feet above natural grade shall not be approved, unless the applicant demonstrates that no old or approved tower within the effective radius can accommodate the applicant's proposed antenna and ancillary equipment. Towers owned by or leased to any government are exempt from these shared use provisions, except as to sharing with other governments. Page 22 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 2 of 14 1. For the purpose of discovering availability for use of towers within the effective radius, the applicant shall contact the owner of all old and approved towers, within the effective radius, that can possibly accommodate the needs of the applicant. The county manager or designee may preapprove the minimum allowable height to determine which towers may be available for use by the applicant. A list of all owners contacted, the date of each contact, the form and content of each contact, and all responses shall be a part of the conditional use application. As an accommodation to applicants, the county manager or designee shall retain all shared use plans, records of past responses, and a list of old and approved towers. If the owner of an old tower does not respond to the applicant's inquiry within a reasonable time, generally 30 days or less, or the owner of an old tower will not rent space to the applicant at a reasonable rental for a reasonable time period, such old tower shall be deemed unavailable to that applicant. If the old tower is a nonconformingstructure, additional antennas may be installed thereon in accordance with an approved shared use plan, provided however, no structural alterations may be made to the tower, and the height of the tower inclusive of its antennas may not be increased. 2. Lesser effective radius. If the applicant asserts that the effective radius for the intended use is less than 6 miles, the applicant shall provide evidence that the asserted lesser effective radius is based on physical and/or electrical characteristics. Based on the evidence submitted by the applicant, the County Manager or designee may establish a lesser effective radius. If a radius can be increased by signal amplification or other means, such means must be considered in determining the lesser effective radius. The antenna manufacturer's specifications shall be conclusive, unless the applicant can prove they are incorrect in the specific case. 3. If an approved tower within the applicant's approved effective radius may have capacity available for the antenna proposed by the applicant, the application for a new tower shall not be complete without the following information regarding each such possibly available approved tower. Such information shall also be provided for old towers to the extent it can be obtained. Identification of the site of each possibly available tower by coordinates, street address or legal description, existing uses, and tower height. Whether shared use by the applicant of the tower is prohibited (or is not feasible) for any reason. If it has been determined that the tower owner will allow structural changes, whether the tower can accommodate the proposed antenna if reasonable structural changes are made. If so, the applicant shall specify what structural changes would be required and an approximation of the costs of such changes. If the costs of the required changes are financially impracticable, such tower shall be deemed unavailable to the applicant. 4. The applicant shall contact the owner of each possibly available approved tower to request the needed information. To enable the tower owner to respond, the applicant shall provide the following information regarding the applicant's proposed antenna and equipment: a. All output frequencies of transmitter. b. Type of modulation, polarization of radiation, and proposed use of antenna. c. Manufacturer, type, manufacturer's model number, a diagram of the antenna's radiation pattern, and the manufacturer's specifications. d. Power input to antenna and gain of antenna in decibels with respect to an isotopic radiator. e. Range in feet of maximum and minimum height of antenna above base of tower. f. A list of necessary ancillary equipment and description of the type of transmission cab le to be used. Page 23 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 3 of 14 g. Any other pertinent information needed to enable the owner to respond in full to the inquiry. E. Shared use of tower sites. A tower with a height in excess of 185 feet above natural grade shall not be approved on a new tower site unless the applicant demonstrates that the proposed tower,antennas, and accessory structures or uses cannot be located on any conforming old site or approved site situated within the effective radius. Sites owned by any government or leased to any government are exempt from these shared use provisions except to other governments. 1. Except as to each old site or approved site determined by the County Manager or designee, or in a shared use plan to be unavailable to the applicant, the applicant shall contact the owner of all other conforming old sites and approved tower sites, within the effective radius, containing sufficient land area to possibly accommodate the needs of the applicant. 2. For each such possibly available tower site, the application for a new tower site shall not be complete without the following information: a. Identification of the proposed new tower site by coordinates, street address or legal description, area, existing uses, topography, and significant natural features. b. Evidence that no old and no approved tower site within the effective radius can accommodate the applicant's needs. c. If the owner of an old tower site does not respond to the applicant's simple letter of interest inquiry within thirty (30) days, or the owner of an old tower site will not rent land to accommodate the applicant's needs for a reasonable period of time at reasonable rentals, such old tower site shall be deemed unavailable to the applicant. d. The applicant is not required to supply this information to owners of conforming old sites unless the old site appears to be available to the applicant by a shared use plan or the site's owner has responded positively to the applicant's initial letter of inquiry. To enable the site owner to respond, the applicant shall provide the site owner (and the owner of any tower on the site) with the dimensional characteristics and other relevant data about the tower, and a report from a professional engineer licensed in the State of Florida, or other qualified expert, documenting the following: e. tower height and design, including technical, engineering, and other pertinent factors governing the intended uses and selection of the proposed design. An elevation and a cross section of the towerstructure shall be included. f. Total anticipated capacity of the tower, including number and types of antennas and needed transmission lines, accessory use needs including specification of all required ancillary equipment, and required building and parking space to accommodate same. g. Evidence of structural integrity of the proposed tower as required by the building official and, for metal towers, a statement promising full compliance with the then latest edition of the standards published by the Electronic Industries Association (currently EIA/TIA 222 -E), or its successor functional equivalent, as may be amended for local application. 3. If the site owner, or owner of a tower on the respective site, asserts that the site cannot accommodate the applicant's needs, the respective owner shall specify in meaningful detail reasons why the site cannot accommodate the applicant. To the extent information is current and correct in the respective tower site's approved shared use plan, the site owner or tower owner can refer the applicant to the respective shared use plan. If the shared use plan is not then up -to-date, the plan shall be brought up- to-date immediately by the owner and the written reply to the applicant shall specify to what extent the shared use plan is incorrect, incomplete, or otherwise not up-to-date. Page 24 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 4 of 14 4. No provision in a shared use plan, land lease, mortgage, option to purchase, lease-option, contract for deed, or other controlling document shall provide, or have the effect, that the site is exclusive to one (1) tower, unless there is good reason for such restriction, other than the prevention of competition or a desire or inclination not to cooperate in good faith. If the site size is physically and electrically compatible with the installation on-site of any other tower, no such document shall prevent other towers, except for reasons approved by the County Manager or designee. An unapproved document provision of tower exclusivity shall be grounds to disapprove an application for tower site approval. F. Required sharing. Each new tower in excess of 185 feet in height (shared use tower), except towers that are approved to be perpetually unavailable, shall be designed to structurally accommodate the max imum amount of additional antenna capacity reasonably practicable. Although it is not required that a new tower be constructed at additional expense to accommodate antennas owned by others, no new tower shall be designed to accommodate only the tower owner's proposed antennas when, without additional expense, antenna space for other owners can be made available on the tower. 1. Shared use plans. Each shared use plan shall be in a standard format that has been approved by the County Manager or designee. Each shared use plan shall specify in detail to what extent there exists tower and/or site capacity to accommodate additional antennas and/or additional towers, ancillary equipment, and accessory uses. Available antenna capacity on a tower shall be stated in detailed clearly understandable terms, and may be stated in equivalent flat plate area and total additional available transmission line capacity. The tower owner (as to tower shared use plans) and the landowner (as to site shared use plans) shall update its respective approved shared use plans by promptly filing pertinent update information with the County Manager or designee. Owners of old towers and/or old sites may file shared use plans in accord with this section. 2. Reservation of capacity. If an applicant for a shared use tower does not plan to install all of its proposed antennas during initial construction of the tower, the applicant must specify the planned schedule of installing such later added antennas as part of the shared use plan. An applicant cannot indefinitely prevent the use of unused available antenna space on a tower by reserving to itself such space. No available space can be reserved for the owner or anyone else, unless approved in the shared use plan. If an antenna is not installed by the scheduled deadline, the reserved space shall automatically be rendered available for use by others, unless the shared use plan has, by the deadline, been amended with the approval of the County Manager or designee. Deadlines may be extended even if the tower is a nonconformingstructure. If space has been reserved in a shared use plan for future additional antenna use by the tower owner and it becomes clear that such space will not be utilized by the owner, the shared use plan shall be amended promptly to reflect the availability of such space. 3. Reservation of site capacity. The policy stated above applies also to additional tower space on an approved tower site to prevent indefinite reservation of available site space. 4. Height bonus for sharing. Notwithstanding anything to the contrary in any County ordinance, any existing conforming or nonconformingtower may be permitted a one-time increase in height, provided: a. Any such increase in height does not exceed thirty (30) feet or twenty (20) percent of the height of the existing tower, whichever is less; b. The cost of such increase in height does not exceed fifty (50) percent of the actual replacement cost of the tower at the time of the application; c. A shared use plan covering the tower with the increased height is first approved by the County Manager or designee; Page 25 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 5 of 14 d. The increase in height does not cause the proposed tower to exceed any required maximum height requirement for towers or make a legally conforming tower become nonconforming; e. Substantiated proof that such proposed antenna(s) may not be placed on the existing tower by relocating or adjusting existing antennas and equipment shall be submitted by an appropriate professional engineer certified to practice in the State of Florida; and f. A site development plan shall be submitted for review and approval if an increase in tower height requires placement of, or addition to, an antenna equipment building or support building. 5. Filing shared use plans. Each approved shared use plan shall be filed and recorded in the Office of the Collier County Clerk of Court prior to any site development plan approval. A copy of the initial shared use plan shall be filed with, and approved by, the County Manager or designee prior to conditional use approval. 6. Shared use plans for old towers and old tower sites. Initial shared use plans and amendments for old towers require approval of the County Manager or designee. Initial shared use plans a nd amendments for old tower sites require approval of the BCC, except where an amendment reduces site and/or antenna capacity. 7. Transmitting and receiving equipment serving similar kinds of uses shall, to the extent reasonable and commercially practicable, be placed on a shared use tower in such a manner that any of the users in a group can operate approximately equal to other users in the group utilizing substantially similar equipment. 8. Once a shared use plan for a tower is approved, additional antennas may be added to that tower in accordance with the approved shared use plan without additional conditional use approval even if the tower is then a nonconformingstructure. The shared use plan shall be immediately updated to reflect each such change. Likewise, once a new shared use plan for a tower site is approved, additional towers and accessorybuildings and uses may be added to that site in accordance with the plan without additional conditional use approval, even if the site is then nonconforming. The shared use plan shall be immediately updated to reflect each change. 9. For each tower with a height in excess of 185 feet that is approved, the towerowner shall be required, as a condition of approval, to file an approved shared use plan, except when a government tower is approved to be perpetually unavailable. To the extent that there is capacity for other antennas on the tower, the plan shall commit the towerowner and all successor owners to allow shared use of the tower in accordance with the shared use plan for antennas of others at reasonable rates. The initial proposed rates (or a range of reasonable rates) shall be specified in the shared use plan, and shall be amended each time the rates are changed. When antenna space on a tower is rented to others, each rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve antenna space for future use must be approved by the County Manager or designee. 10. For each new shared use tower site that is approved, the owner shall be required, as a condition of approval, to file an approved shared use plan, except as to a government site that is approved to be perpetually unavailable. If there is land available on the site to accommodate additional towers and accessory facilities, the plan shall commit the landowner and successor owners to accommodate such additional facilities on the site at reasonable rents (or a range of reasonable rents) which shall be specified in the shared use plan. When land is rented for facilities on the site, the rental agreement shall be filed with the shared use plan. Any agreement that purports to reserve land for future use of a tower and other facility space must be approved by the County Manager or designee. 11. Each new tower owner or site owner, as the case may be, shall agree, as a condition of approval, to respond, in writing, in a comprehensive manner within thirty (30 days) to each request for information from a potential shared use applicant. Government owners need to reply only to requests from Page 26 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 6 of 14 another government. To the extent that correct and up -to-date information is contained in an approved shared use plan, the owner may refer the applicant to the shared use plan for the information. If the shared use plan is incorrect, incomplete, or otherwise not up-to-date, the respective owner shall, in the response, specify, in detail, such information, and shall immediately bring the shared use plan up-to-date. 12. The tower owner or site owner, as the case may be, shall, as a condition of approval, negotiate in good faith for shared use of tower space and/or site space by applicants in accordance with its shared use plan. 13. All conditions of approval regarding a tower shall run with the ownership of the tower and be binding on all subsequent owners of the tower. All conditions of approval regarding an approved tower site shall run with the land and be binding on all subsequent owners of the tower site. G. Development standards for communication towers. 1. Except to the extent that amateur radio towers, and ground-mounted antennas with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09 herein, no new tower of any height shall be permitted in the RSF-1 through RSF-6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other provisions of this section, including the separation requirements of subsection 5.05.09 G.7. below, towers may be allowed to any height as a conditional use in the Estate (E) zoning district only on parcels designated as Urban or Rural Golden Gate Estates Sub-Element in the Golden Gate Area Master Plan or sites approved for a specified essential service listed in subsection 5.05.09 G.3. below. There shall be no exception to this subsection except for conditional use applications by a government for a governmental use. 2. Permitted ground-mounted towers. Towers not exceeding the stated maximum heights are a permitted use, subject to other applicable provisions of this section, including separate requirements and shared use provisions. towers that exceed those specified maximum heights require a variance in accordance with section 9.04.00. a. All commercial and industrial zoning districts and urban designated area agricultural zoning districts: Any tower up to seventy-five (75) feet in height is a permitted use, provided the base of such tower is separated a minimum distance of seventy-five (75) feet from the nearest boundary with any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD permitting six (6) residential dwelling units or less. Any tower that exceeds seventy-five (75) feet in height, up to a height of 185 feet, is a lawful use, only if permitted or otherwise provided in the respective zoning district, and the base of such tower is separated from the nearest boundary of any parcel of land zoned RSF-1 through RSF-6, RMF-6, E, RMF-12, RMF-16, RT, VR, MH, TTRVC, or PUD zoning of six (6) residential dwelling units or less, by a minimum distance in feet determined by multiplying the height of the tower (in feet) by a factor of two and one-half (2.5). (The minimum separation distance is two and one-half (2 ½) times the height of the tower.) towers which do not meet the separation requirement may apply for a variance in accordance with section 9.04.00. b. Agricultural zoning districts within the rural designated area: Towers shall not exceed 250 feet in height. c. All agricultural zoning districts: No tower that exceeds 250 feet in height exclusive, of any antenna affixed thereto, shall be allowed on any site comprising less than ten (10) acres under common ownership or control, except such towers can be approved as a conditional use on sites of less than ten (10) acres if the applicant cannot, with economic feasibility, acquire title to, or control of, a suitable tower site of at least ten (10) acres in the required geographic vicinity of the proposed tower site. Page 27 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 7 of 14 3. Essential services—Specified conditional uses Except in the RSF-1 through RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a conditional use on sites approved for a conditional useessential service for any of the following conditional uses: safety service facilities including, but not necessarily limited to, fire stations, sheriff's substation or facility, emergency medical services facility, and all other similar uses where a communications tower could be considered an accessory or logically associated use with the safety service conditional use on the site. In addition, communications towers can be approved as a conditional use for a stand-alone essential service facility, provided the tower is to be owned by, or to be leased to, a governmental entity, and the primary uses of the tower are for governmental purposes. 4. New towers shall be installed only on rooftops in the RMF-12, RMF-16, and RT zoning districts, except amateur radio towers with a height not to exceed seventy-five (75) feet above the natural grade, and ground-mounted antennas with a height not to exceed twenty (20) feet above the natural grade, are permitted within these zoning districts. 5. Ground-mounted monopole communication towers up to 150 feet in height above the natural grade, including antennas affixed thereto, may be allowed as a conditional use within these zoning districts. The height of each monopole communication tower shall be limited to the height necessary for its use at its location. 6. Rooftop towers, antenna structures, and antennas. a. Rooftop towers, antenna structures, and antennas are allowed in all zoning districts except the RSF-1 through RSF-6, RMF-6, and E zoning districts. b. Rooftop towers, antenna structures, and antennas are, as specified, subject to the following: i. Permitted uses. Rooftop antenna structures and antennas are a permitted use up to a height of twenty (20) feet above the maximum roofline, provided the height of the maximum roofline is twenty (20) feet or more above the average natural grade. If the maximum roofline is less than twenty (20) feet above the average natural grade, an antenna structure and/or antenna is a permitted use up to a height that equals the distance from the average natural grade to the maximum roofline. For example, if the distance from the average natural grade to the maximum point of the roofline is fifteen (15) feet, an antenna structure and/or antenna is a permitted use up to a height of fifteen (15) feet above the maximum roofline. Any antenna structure, tower, or antenna that exceeds its permitted use height, as provided herein, shall require conditional use approval, and the maximum allowable height of the structure, tower, and all antennas shall be determined in each specific case. Distance from RSF-1 through RSF-6, and RMF-6 zoning districts shall be a major consideration in determining the allowable height of rooftop facilities. ii. Towers and antenna structures shall be set back from the closest outer edge of the roof a distance of not less than ten (10) percent of the rooftop length and width, but not less than five (5) feet, if the antenna can function at the resulting location. iii. Antenna structures and dish type antennas shall be painted to make them unobtrusive. iv. Except for antennas that cannot be seen from street level, such as panel antennas on parapet walls, antennas shall not extend out beyond the vertical plane of any exterior wall. v. Where technically feasible, dish type antennas shall be constructed of open mesh design. vi. Where feasible, the design elements of the building (i.e., parapet wall, screen enclosures, other mechanical equipment) shall be used to screen the communications tower, structure, and antennas. Page 28 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 8 of 14 vii. The building and roof shall be capable of supporting the roof-mounted antenna, structure, and tower. viii. No rooftop shall be considered a tower site. This section does not require any sharing of any rooftop, rooftop tower, or antenna structure. 7. With the exception of rooftop towers and towers on essential services sites, each new communication tower shall meet the following separation requirements: a. Each new tower that exceeds 185 feet in height shall be located not less than two and one-half (2.5) times the height of the tower from all RSF-1 through RSF-6, and RMF-6 zoning districts, including PUDs where the adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and RMF-6 zoning districts. If a part of a PUD is not developed, and it is inconclusive whether the part of a PUD area within such minimum separation distance from the proposed tower site may be developed with a density of six (6) units per acre or less, it shall be presumed that the PUD area nearest to the proposed site will be developed at the lowest density possible under the respective PUD. b. In addition, each such new tower that exceeds a height of seventy-five (75) feet, excluding antennas, shall be separated from all boundaries of surrounding property zoned RMF -12, RMF- 16, E, RT, VR, MH, TTRVC, H, and the residential areas of PUDs with existing or planned densities greater than six (6) units per acre by not less than the total height of the tower including its antennas; and from all other surrounding property boundaries by a distance not less than one- half (½) the height of the tower and its antennas, or the tower's certified collapse area, whichever distance is greater. c. Communication towers in the Estate (E) zoning district shall be separated from residentially zoned properties as follows: i. New towers up to 75 feet in height shall be located not less than the total h eight of the tower and antennas from all residentially zoned properties. ii. New towers over 75 feet in height shall be located not less than two and one -half times the height of the tower and antennas, or the certified collapse area, whichever distance is greater, from all residentially zoned properties. 8. All owners of approved towers are jointly and severally liable and responsible for any damage caused to off-site property as a result of a collapse of any tower owned by them. 9. Placement of more than one (1) tower on a land site is preferred and encouraged, and may be permitted, provided, however, that all setbacks, design, and landscape requirements are met as to each tower. structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not likely result in multiple tower failures in the event that one (1) tower fails, or will not otherwise present an unacceptable risk to any other tower on the site. It shall be the policy of the County to make suitable County -owned land available for towers and ancillary facilities at reasonable rents. 10. Any accessory buildings or structures shall meet the minimum yard requirements for the respective zoning district. accessory uses shall not include offices, long-term vehicle storage, outdoor storage, broadcast studios except for temporary emergency purposes, or other structures and/or uses that are not needed to send or receive transmissions, and in no event shall such uses exceed twenty -five (25) percent of the floor area used for transmission or reception equipment and functions. Transmission equipment shall be automated, to the greatest extent economically feasible, to reduce traffic and congestion. Where the site abuts, or has access to, a collector street, access for motor vehicles shall be limited to the collector street. All equipment shall comply with the then applicable noise standards. Page 29 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 9 of 14 11. For new commercial towers exceeding 185 feet in height, a minimum of two (2) parking spaces shall be provided on each site. An additional parking space for each two (2) employees shall be provided at facilities which require on-site personnel. Facilities which do not require on-site personnel may utilize impervious parking. 12. All new tower bases, guy anchors, outdoor equipment, accessory buildings, and accessory structures shall be fenced. This provision does not apply to amateur radio towers, or to ground-mounted antennas that do not exceed twenty (20) feet above grade. 13. Tower lighting. Towers and antennas with a height greater than 150 feet shall be required to have red beacon or dual mode lights, unless exempted, in writing, by the Collier County Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration ("FAA") technical standards. No other towers or antennas shall be artificially lighted, except as required by the FAA, the Federal Communications Commission, or other applicable laws, ordinances, or regulations. If the FAA rules require lighting, then the applicant shall comply with such rules. New towers exceeding 199 feet. Each new tower that will have a height in excess of one hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower shall be lighted no more than is otherwise required by state and/or federal law, rule, or re gulation. Unless otherwise then required by law, rule or regulation, only white strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. Such lights shall not exceed the minimum number, minimum intensity, and minimum light flashes per interval of time (requiring the longest allowable duration between light flashes) required by state or federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be used at night. 14. All guyed towers exceeding 185 feet in height shall be inspected every three (3) years. Self -supporting towers shall be inspected every five (5) years. Each inspection shall be conducted by a qualified professional engineer or other qualified professional inspector, and any inspector-recommended repairs and/or maintenance should be completed without unnecessary delay. At a minimum, each inspection shall include the following: a. Towerstructure: Including bolts, loose or damaged members, and signs of unusual stress or vibration. b. Guy wires and fittings: Check for age, strength, rust, wear, general condition, and any other signs of possible failure. c. Guy anchors and foundations: Assess for cracks in concrete, signs of corrosion, erosion, movement, secure hardware, and general site condition. d. Condition of antennas, transmission lines, lighting, painting, insulators, fencing, grounding, and elevator, if any. e. For guyed towers: Tower vertical alignment and guy wire tension (both required tension and present tension). 15. A copy of each inspection report shall be filed with the County Manager not later than December 1 of the respective inspection year. If the report recommends that repairs or maintenance are required, a letter shall be submitted to the County Manager to verify that such repairs and/or maintenance have been completed. The County shall have no responsibility under this section regarding such repairs and/or maintenance. 16. Any tower that is voluntarily not used for communications for a period of one (1) year shall be removed at the tower owner's expense. If a tower is not removed within three (3) months after one (1) year of such voluntary non-use, the County may obtain authorization, from a court of competent jurisdiction, to remove the tower and accessory items, and, after removal, shall place a lien on the Page 30 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 10 of 14 subject property for all direct and indirect costs incurred in dismantling and disposal of the tower and accessory items, plus court costs and attorney's fees. 17. For all ground-mounted guyed towers in excess of seventy-five (75) feet in height, the site shall be of a size and shape sufficient to provide the minimum yard requirements of that zoning district between each guy anchor and all property lines. 18. All new metal towers, including rooftop towers, except amateur radio towers, shall comply with the standards of the then latest edition published by the Electric Industries Association (currently EIA/TIA 222-E) or the publication's successor functional equivalent, unless amended for local application by resolution of the BCC. Each new amateur radio tower with a height of seventy-five (75) feet or less shall require a building permit specifying the exact location and the height of the tower exclusive of antennas. Each new ground-mounted dish type antenna that does not exceed a height of twenty (20) feet shall require a building permit. 19. Within the proposed tower'seffective radius, information that specifies the tower's physical location, in respect to public parks, designated historicbuildings or districts, areas of critical concern, and conservation areas, shall be submitted as part of the conditional use application. This shall also apply to site plan applications and/or permit applications for rooftop installations that do not require conditional use approval. 20. No communication tower shall be located on any land or water if such location thereon creates, or has the potential to create, harm to the site as a source of biological productivity, as indispensable components of various hydrologic regimes, or as irreplaceable and critical habitat for native species of flora or fauna. 21. Any existing native vegetation on the site shall be preserved and used to meet the minimum landscape requirements as required by section 4.06.00. The site plan shall show existing significant vegetation to be removed and vegetation to be replanted to replace that lost. native vegetation may constitute part or all of the required buffer area if its opacity exceeds eighty (80) percent. 22. As to communications towers and antennas, including rooftop towers, antenna structures, and antennas, the height provisions of this section supersede all other height limitations specified in this Code. 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lights shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights, lightening rods, or any other accessory device that would extend the height of the tower. All existing towers shall have six months (180 days) from June 16, 2005, to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A copy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. 25. Communication towers in the Estates (E) Zoning District. Communication towers are allowed on parcels designated as Urban or Rural Golden Gate Estates Sub - element in the Golden Gate Area Master Plan and are subject to the following: a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector road. b. The communications provider has provided evidence that the communication provider's search radius for tower placement requires placement of the tower in the Estates Zoning District to Page 31 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 11 of 14 meet its coverage requirements and the tower cannot be co -located on an existing tower and provide the same service coverage. c. All security and site lighting shall be less than 20 feet above grade, fully shielded, and directed away from neighboring properties. d. Fencing height and landscaping. The required perimeter wall or fence height shall be a minimum of eight feet from finished grade of base supporting structure and no greater than 10 feet. A minimum 15 feet landscape Type B buffer along the perimeter of wall or fence is required and tree plantings within the buffer shall be 12 feet tall at time of planting. e. Equipment cabinets. Overall height of ground-mounted equipment or equipment enclosure shall not exceed 12 feet. H. Alligator Alley communication towers. 1. Notwithstanding other provisions of section 5.05.09, and irrespective of the zoning classification(s) of the underlying fee at each respective tower site, two (2) new communication towers shall be permitted at locations and heights herein specified within the I -75 right-of-way east of the toll booth (Alligator Alley). Two (2) of the four (4) towers shall be constructed to replace two (2) existing Florida Department of Transportation towers. The four (4) new telecommunication tower sites shall be located approximately at: a. Mile marker 52.2. The height of the tower shall not exceed 250 feet, including antennas; b. Mile marker 92.6 (Everglades Blvd). The height shall not exceed 250 feet, including antennas; c. The site of an existing FDOT tower located on State Road 29. The height shall not exceed 310 feet, including antennas; d. The site of an existing FDOT tower located at mile marker 63.2 at the I-75 Rest Area. It will replace an existing tower located on the north side of I-75 at mile marker 63.3. The height shall not exceed 280 feet, including antennas; e. Each tower shall be constructed with a capacity to provide for a minimum of four (4) to eight (8) co-users, including Florida Department of Transportation ("FDOT"), the U.S. Fish and Wildlife Service ("FWS"), the National Park Service ("NPS"), the Department of Forestry ("DOF"), and County agencies, where practical. 2. Each tower shall be constructed in accordance with the standards and requirements of section 5.05.09 and other applicable sections of this Code, except as expressly provided otherwise in this section. 3. Minimum yard requirements. There shall be no minimum yard requirement for these towers at these locations because each tower and all ancillary facilities must be contained within the I-75 right-of-way, and each proposed tower must maintain a separation distance from all adjacent residential property lines equal to one-half (½) of the tower's height or equal to a Florida professional engineer's certified collapse area (fall zone), whichever is greater, or a clear zone is mainta ined on adjoining property by a use easement applicable to such adjoining property owner. No habitable residential or non-residential structure, including offices, shall be allowed within any certified collapse area (fall zone) for any of these towers. 4. Access. Physical access to each tower site shall be as approved by FDOT. 5. Parking. Sufficient unpaved area shall be provided on, or adjacent to, each tower site to accommodate temporary parking for one (1) vehicle for servicing or maintaining the communication tower. 6. Landscape buffer. A landscape buffer no less than ten (10) feet wide with trees planted twenty-five (25) feet on center shall be developed and maintained around the perimeter of each tower site and Page 32 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 12 of 14 other related equipment, structures, and buildings. This buffer shall encompass all structures including the tower base. At least one (1) row of native vegetation shall be planted within the buffer to form a continuous hedge of at least three (3) feet in height at planting. The buffer must be maintained in good condition. This landscape buffer may be waived by the County Manager or designee where the buffer is not practical due to public safety concerns. 7. A site development plan and construction plans shall be submitted to the County Manager or designee for review and approval prior to any construction of any such tower. No changes, additions, or alterations may be made to any approved site development plan or construction plans for any such tower without County approval. 8. Tower lighting. In addition to the requirements for tower lights specified in section 5.05.09 of this Code, towers located in the Big Cypress Preserve and the Florida Panther National Wildlife Preserve shall be lighted in accordance with the USFWS guidance system requirements for tower lighting. 9. Notwithstanding any other provision in this Code, and notwithstanding the underlying zoning of the respective tower site, subject to the following, the communication towers and accessory facilities ("facilities") listed above, and all such future facilities, are lawful uses, if located within the confines of the I-75 right-of-way east of the Alligator Alley toll booth to the eastern boundary of Collier County. 10. The tower and related facilities shall be subject to conditional use approval whenever the tower is to exceed a height of twenty (20) feet. Towers that are to be twenty (20) feet or less in height require only building permit approval from the County. a. As all such facilities must be located within the I-75 right-of-way, the facilities must be subject to approval from the owner of that right-of-way, including such conditions as may be required by that owner. The owner of said right-of-way is the State of Florida, by and through the Florida Department of Transportation. b. The facilities must be owned by, or leased to, a governmental entity. The primary uses of the facilities shall be governmental uses. Private uses of the facilities, if any, shall always be incidental and subordinate to the governmental uses. c. Notwithstanding any other provision in section 5.05.09, the facilities shall be subject to the tower sharing requirements of section 5.05.09 if the tower is to exceed a height of 120 feet, unless the tower is a monopole. If the tower is to be used only for governmental uses, the tower need be shared only with other governmental entities. If the tower is to be occupied by an antenna under control of a non-governmental occupant of the tower and is to be used for any non- governmental use(s), the tower sharing requirements that apply to non-government occupants shall be adhered to as a prerequisite to occupancy of the tower. I. Wireless emergency telephone service. Notwithstanding any other provisions of this section 5.05.09, the following provisions shall apply to communications towers that provide wireless emergency telephone service. 1. These facilities are essential services. 2. Each applicant for these permits is required to clearly inform County staff by means of an emboldened "notice" in a cover letter or on the first page of the permit application, substantially as follows: This Application is subject to the expedited timelines specified in Chapter 365.172, Florida Statutes. 3. Applicants for these permits need not provide staff with evidence that a proposed wireless communications facility complies with federal regulations, but staff may require from such applicant proof of proper FCC licensure, and staff may request the FCC to provide informat ion as to the provider's compliance with federal regulations to the extent then authorized by federal law. The Page 33 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 13 of 14 County has no permitting jurisdiction with regard to wireless communications facilities located (or to be located) on property owned by the State of Florida, including State-owned rights-of-way. 4. Co-located facilities. Provided the then existing zoning applicable to the proposed site allows E911 facilities without a need to rezone, a need to obtain conditional use approval, or any other required process (such as, for example, having an agreement amended), the County shall grant or deny a properly completed application requesting co-location of E911 Service, or co-location for wireless telephone service, not later then forty-five (45) business days after the date that a properly completed application is initially submitted to staff in accordance with all applicable permit application requirements in this section 5.05.09. Co-location of such facilities on a then existing above-ground tower or other above-ground structure shall not be subject to the land development regulations pursuant to Section 163.3202, Florida Statutes, provided the height of the then existing tower or structure is not thereby increased. Co-location of such antenna, or co-location of related equipment, shall be subject to applicable building regulations, and with all then existing permits or agreements applicable to that tower or to the underlying property. Nothing herein, including the forty-five (45) business days timeline, shall relieve the permit holder for, or owner of, the then existing tower or structure from complying with applicable permit requirements, or applicable agreement(s), or with applicable land development regulation (including aesthetic requirement), or compliance with any other then applicable law(s). 5. New towers or antennas. Pursuant to Section 365.172, Florida Statutes, the County shall grant or deny an application requesting location of a new wireless telephone service tower, or for location of antenna(s) for wireless telephone service, not later then ninety (90) business days after the date that an application that fully complies with the requirements of this section 5.05.09 is submitted, provided the then existing zoning applicable to the proposed site allows the E911 facilities without need to rezone, the need to apply for conditional use approval, or other required procedures. Provided further that nothing herein shall affect permit compliance of such facilities with applicable federal regulations, applicable zoning and/or land development regulations (including aesthetic requirements), or with applicable building regulations. 6. Sufficiency notice. Within twenty (20) business days of receiving the permit application for any facility listed above in paragraphs (4) and (5) above, staff shall in writing notify the permit applicant whether the application is, or is not, properly completed. If such permit application is not properly completed, staff shall with specificity notify the applicant of any and all deficiencies, which if cured will thereby render the application being properly completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) without rezoning, without conditional use approval, or without any other related ancillary approval process or permission. 7. Default approval. a. An application for E911 service, co-location of wireless telephone service, or new location for wireless telephone service or antennae shall be deemed to have been automatically granted provided that: i. Such service or facility is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without the need to apply for some other permit; ii. The County fails to either grant or deny the applied -for permit within the time frames set forth in paragraphs (4) and (5) above, as applicable; and iii. The applicant has not agreed to an extension of time, as provided in paragraph (8) below. b. However, the applied-for permit shall not be deemed granted if final action requires action by the BCC, but such action is prevented due to emergency conditions beyond the County's control. Page 34 of 886 Created: 2021-04-30 10:12:09 [EST] (Supp. No. 23) Page 14 of 14 In such instance, the time for final action on the application shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed t o be granted if the BCC fails to take final action at that time. 8. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not be effective except to the extent voluntarily agreed to by the permit applicant. Narrow exception: a one-time timeline waiver may be required if there then exists an emergency that directly affects the administration of all of the County's communications tower permitting activities which had been formally declared by the County, by the State of Florida, or by the federal government. (Ord. No. 05-27, § 3.HH; Ord. No. 20-16 , § 3.H; Ord. No. 21-05 , § 3.K) Page 35 of 886 Collier County )uly 15, 2024 Collier County Growth Management & Community Devetopment Department 2800 N. Horseshoe Drive Naptes, FL 34104 Re:Letter of No Objection - Ochopee Communications Tower (PL2023001 1384) Address - 40808 Tamiami Trait E., Ochopee, Fl 34141 To Whom lt May Concern: Ptease accept this tetter of no obiection on behatf of the Cottier County Board of County Commissioners, as governing Board of the Ochopee Fire District, for the proposed Conditionat Use apptication f or the instatlation of a 91 1 commu nications tower at Fire Station 66 in Ochopee, FL. Th is tower is essentiat for ensuring the safety and effective response of Pubtic Safety-First Responders in Cottier County, inctuding the State of Ftorida State Law Enforcement Radio System (SLERS). The project is being pursued because of a forced relocation from an existing tower tocated at the southeast corner of Tamiami Trait East and State Road 29 (known as "Carnestown"). Faiture to retocate the tower woutd result in the significant loss of pubtic safety radio coverage in southeastern Cottier County, atong US 41 towards the Dade County tine. ln addition, the Cottier County Board of County Commissioners, as governing Board ofthe Ochopee Fire District, confirms the proposed communication tower use is an essentiat service for fire protection and associated uses, and is consistent with the reverter cta use contained in the warranty deed, oR Book 677 PG 986, conveyingthe tand to Cottier County. Respectfu tty, Amy Patt son County Manager Office 3299 Tamiami Trail East. Naples, FL 34772 . Phone: (239) 252-4311 www.colliercountyfl.gov County Manager Page 36 of 886 Page 37 of 886 April 21, 2024 Jake Hebert Custom Tower LLC 402 Facile Road Scott, LA 70583 RE: Tower 250-ft Fall Radius Carnestown, Collier County, Florida Dear Mr. Hebert, KCI Technologies, Inc. has reviewed and ensured that the tower will be in compliance with the 250-ft fall zone radius for Collier County. The tower has been designed to comply with TIA-222-H and the 2020 Florida Building Code. The tower design incorporates a section within the to be the highest capacity. Therefore, under the TIA design criteria, if the design limits are exceeded, the tower member with the highest capacity will lead to failure at that particular section of the tower. This tower has been designed with the diagonal bolts at the 100-ft elevation of the 350-ft tall tower, which is the highest capacity member. The bracing bolts will fail in shear and will cause the tower to “fold over” and reduce the wind load in the remainder of the tower. This will allow the tower to remain within the desired fall radius per the zoning criteria as the maximum distance of tower “folding over” will be 250-ft measured from the base of the tower. Please note that this assumes that the steel members and bolts have meet the AISC standards, the tower has been properly fabricated and installed and that the loading on the tower is identical to the loading the tower was designed for. Any deviations may result in a failure mechanism different from that which was designed. If you have any questions or concerns, please contact the undersigned at (919) 278-2478. Sincerely, Eric Kohl, P.E. Senior Associate / Practice Leader 04/21/2024 Page 38 of 886 Tocia Hamlin From:Patrick Linn <PLinn@cmcd.org> Sent:Tuesday, October 29, 2024 1:14 PM To:Jeff Davidson Cc:Tocia Hamlin; Brandon Copper; Kevin Dunleavy Subject:RE: New Tower for Collier EMS - Ochopee Afternoon Jeff: The information you sent serves nicely. Please consider this email as confirmation that the proposed project is, in fact, outside of our current District boundaries, needs no approval from CMCD, and should not negatively affect our airborne efforts. Indeed, if you’ve been here long enough to remember the DC-3’s, you know just how much times have changed. Thanks kindly for the response, and best for a pleasant day, Patrick Linn, MS, MSHAPI Executive Director Collier Mosquito Control District 600 North Road, Naples, FL 34104 239.436.1000 | Main 239.293.3685 | Mobile Direct 239.436.1005 | Fax www.cmcd.org 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 phone or in writing. From: Jeff Davidson <Jeff@davidsonengineering.com> Sent: Tuesday, October 29, 2024 12:56 PM To: Patrick Linn <PLinn@cmcd.org> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com>; Kevin Dunleavy <KDunleavy@cmcd.org> Subject: RE: New Tower for Collier EMS - Ochopee Patrick, Thanks for the reply to my email. Attached please find a few items that will show you more about the proposed Ochopee tower. Rather than send our engineering drawings I sent a few pages out of the environmental report and a survey with a location map, due to the large size of our files, The proposed tower site looks to be out of your area. Page 39 of 886 I think all we need is an email from you stating that. We can provide any additional information you need now or in the future. I sure miss the early morning DC-3 raids like in the old days. Thanks for your help. Je( Jeff Davidson, P.E. President Davidson Engineering, Inc. Main: 239.434.6060 Jeff@davidsonengineering.com www.DavidsonEngineering.com From: Patrick Linn <PLinn@cmcd.org> Sent: Monday, October 28, 2024 4:00 PM To: Jeff Davidson <Jeff@davidsonengineering.com> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com>; Kevin Dunleavy <KDunleavy@cmcd.org> Subject: RE: New Tower for Collier EMS - Ochopee Good afternoon Jeff: Thanks for your note and questions. I’m also glad to hear that you were treated nicely – that is a point of pride with this team . Indeed, several years ago, we requested to be a stop in the approval process for new towers in our area (read: Collier County), not because we were looking to halt progress, but so that we may be made aware of new “obstacles” in the County. Our pilots keep a GPS database of obstacles (and their respective heights AGL) within the District and beyond (where appropriate and necessary). Although we do engage in frequent obstacle reconnaissance flights, it is helpful to be made aware of what’s expected to be built, and when. As you might conclude, we do a lot of flying in the so-called "wire environment”, where unknown obstacles could make for disastrous consequences. Most of our nighttime flying is completed at 300 feet above ground level. Daylight missions may be as low at treetop level. Although The District recently expanded its boundaries (October 1) to include Port of the Islands, we are still well west of the Ochopee area, as well as the intersection of 29 and 41. A map of the new boundaries (shown in green) is attached. Historically, we’ve received a copy of the basic plans for towers (including height, expected construction timing, and lighting status) from the responsible entity. If you’d be so kind, please provide the aforementioned (information in parentheses) when convenient. I/we would be happy to provide any process-required approval/acknowledgement once we have same. We’ll also make a note in our GPS database. The District certainly does not wish to hinder progress in constructing this important communications tower. Please correspond directly with me and I will be sure to turn things around quickly. Please also let me know if can answer any questions or concerns you may have in the interim. The District’s Chief Pilot, Kevin Dunleavy, is copied on this email. Regards, Patrick Linn, MS, MSHAPI Executive Director Page 40 of 886 Collier Mosquito Control District 600 North Road, Naples, FL 34104 239.436.1000 | Main 239.293.3685 | Mobile Direct 239.436.1005 | Fax www.cmcd.org 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 phone or in writing. From: Jeff Davidson <Jeff@davidsonengineering.com> Sent: Monday, October 28, 2024 2:42 PM To: Patrick Linn <PLinn@cmcd.org> Cc: Tocia Hamlin <Tocia@davidsonengineering.com>; Brandon Copper <brandon@davidsonengineering.com> Subject: New Tower for Collier EMS - Ochopee Mr. Linn, I got your name from Jenn there your o(ice (real nice lady by the way). We are working to get county approval for a new 350’ communication tower just east of Ochopee. It is for Collier County Emergency Management for communication purposes. The Feds purchases the land at Carnes Town (us.41 and sr 29) and are requiring that existing tower to be demolished, therefore the push to get this new tower up and running. The county code requires that we provide someone at your o(ice with the plan and get feedback. I assume it has to do with air safety. Please let me know where we can send our plans etc. It sounds like the county needs proof that this happened before they will approve our plan. Thanks for your assistance. Je( Jeff Davidson, P.E. President Main: 239.434.6060 Jeff@davidsonengineering.com www.DavidsonEngineering.com Page 41 of 886 Revised 2023 Page 1 of 12 A CONDITIONAL USE TO BE HEARD BY THE PLANNING COMMISSION AND BOARD OF ZONING APPEALS A MINOR CONDITIONAL USE TO BE HEARD BY THE OFFICE OF THE HEARING EXAMINER APPLICANT CONTACT INFORMATION Name of Property Owner(s): ______________________________________________________ Name of Applicant if different than owner: __________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: ____________________ Fax: ___________________ E-Mail Address: ________________________________________________________________ Name of Agent(s): _____________________________________________________________ Firm: _________________________________________________________________________ Address: ____________________________City: _____________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Application for Public Hearing for Conditional Use LDC subsection 10 Chapter 3 of the Administrative Code Page 42 of 886 Page 2 of 12 ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ PROPERTY INFORMATION On separate page, provide a detailed legal description of the property covered by the application: •If the request involves changes to more than one zoning district, the applicant shall include separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Property I.D. Number: ____________________________ Plat Book: _______ Page #: _______ Section/Township/Range: _______ /_______ /_______ Subdivision: __________________________________________Lot: ________ Block: ________ Metes & Bounds Description: _____________________________________________________ Size of Property: _____ft. X ______ ft. = _______ Total Sq. Ft. Acres: _____________ Address/ General Location of Subject Property: ______________________________________________________________________________ ______________________________________________________________________________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 43 of 886 Page 3 of 12 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property: (If space is inadequate, attach on a separate page) Section/Township/Range: / / Lot: Block: Subdivision: __________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________ Metes & Bounds Description: ________________________________________________ CONDITIONAL USE REQUEST DETAIL Type of Conditional Use: This application is requesting a conditional use as allowed, pursuant to LDC section 2.03.00, of the _______________________ zoning district for _______________________ (type of use). Present Use of the Property: __________________________________________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 44 of 886 Page 4 of 12 EVALUATION CRITERIA Pursuant to LDC section 10.08.00 and Chapter 3 C.1 of the Administrative Code, staff’s recommendation to the reviewing body shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met. Further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. On a separate page, provide a narrative statement describing a request for a conditional use and a detailed response to the criteria listed below. Specify how and why the request is consistent with each of the criteria. a.Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan. Include information on how the request is consistent with the applicable section or portions of the Future Land Use Element. b.Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. c.Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact, and odor. d.Describe the site’s and the proposed use’s compatibility with adjacent properties and o ther properties in the district. e.Please provide any additional information which you may feel is relevant to this request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? _____________________________________________________________________________________ _____________________________________________________________________________________ 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? No Yes (If yes please provide copies.) Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 45 of 886 Page 5 of 12 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST APPLICANT INFORMATION Name of Applicant(s): ___________________________________________________________ Address: ______________________________City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: __________________ E-Mail Address: ________________________________________________________________ Address of Subject Property (If available): ___________________________________________ City: ________________ State: __________ ZIP: ___________ LEGAL DESCRIPTION Section/Township/Range: / / Lot: Block: Subdivision: _______________________________________________ Plat Book: Page #: Property I.D. Number: _________________________________ Metes & Bounds Description: _____________________________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: ____________________ d.Package Treatment Plant (GPD Capacity): ___________________ e.Septic System TYPE OF WATER SERVICE TO BE PROVIDED a.County Utility System b.City Utility System c.Franchised Utility System PROVIDE NAME_______________ d.Private System (Well) Total Population to be served: ____________________________________________________ Peak and Average Daily Demands: A.Water-Peak: _______ Average Daily: ________ B.Sewer-Peak: _______ Average Daily: ________ Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 No utility connections proposed, only a communication tower is proposed. Page 46 of 886 Page 6 of 12 If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________ 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. ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 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. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 47 of 886 Page 7 of 12 RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of F.S. §695. A recorded copy of the Memorandum or Notice shall be provided to the assigned Principal Planner, Zoning Services Department, within 15 days of recording of said Memorandum or Notice. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 48 of 886 Page 8 of 12 Pre-Application Meeting and Final Submittal Requirement Checklist for: A Conditional Use to be heard by the Planning Commission and Board of Zoning Appeals A Minor Conditional Use to be heard by the Office of the Hearing Examiner Chapter 3 of the Administrative Code The following Submittal Requirement Checklist is to be utilized during the Pre-Application Meeting, and at time of application submittal. At time of submittal, the checklist is to be completed and submitted with the application packet. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. Requirements for Review Required Not Required Completed Application Cover letter briefly explaining the project Pre-Application Notes Affidavit of Authorization, signed and notarized Completed Addressing Checklist Property Ownership Disclosure Form Warranty Deed(s) Boundary Survey Conceptual Site Plan 24” X 36” plus (one 8 ½ X 11 copy) Plans showing proposed location for utilities, if required Plans for screening and buffering the use with reference as to type, dimensions, and character, if required Plans showing the proposed landscaping and provisions for trees protected by County regulations, if required Plans showing the proposed signs and lighting, including type, dimensions, and character, if required Architectural Rendering of Proposed Structure(s), if applicable Current aerial photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. Statement of utility provisions (with all required attachments & sketches) Environmental Data Requirements, pursuant to LDC section 3.08.00 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) at time of public hearings. Coordinate with project planner at time of public hearing. Listed Species Survey; less than 12 months old. Include copies of previous surveys. Traffic Impact Study (TIS) or waiver Historical and Archeological Survey, or waiver Electronic copy of all documents and plans Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 No utilities proposed no screening required no LB required Page 49 of 886 Page 9 of 12 ADDITIONAL REQUIREMENTS FOR THE PUBLIC HEARING PROCESS: •Following the completion of the review process by County review staff, the applicant shall submit all materials electronically to the designated project manager. •Please contact the project manager to confirm the number of additional copies required. Planners: Indicate if the petition needs to be routed to the following additional reviewers: Bayshore/Gateway Triangle Redevelopment: Executive Director Emergency Management or EMS: Conservancy of SWFL: GMD Graphics City of Naples: Utilities Engineering: Drew Cody Parks and Recreation: Immokalee Water/Sewer District: Other: School District (Residential Components): Communication Towers: Mosquito Control Collier County Airport Authority Naples Airport Authority Commercial Mining: Impact Fees Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 50 of 886 Page 10 of 12 FEE REQUIREMENTS Pre-Application Meeting: $500.00 (to be credited towards the application fee if the application is filed within 9 months of pre-application meeting) Conditional Use Application Fee: $4,000.00 o When filed with Rezone Petition: $1,500.00 o Additional fee for 5th and subsequent reviews: 20% of original fee Comprehensive Planning Consistency Review: $300.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species survey review fee (when an EIS is not required): $1,000.00 Transportation Fee, if required: o Methodology Review Fee: $500.00 o Minor Study Review Fee: $750.00 o Major Study Review Fee: $1,500.00 Estimated Legal Advertising Fee for the Hearing Examiner or CCPC: $1,125.00 Estimated Legal Advertising Fee for the BZA, if required: $500.00 Fire Code Plans Review Fees are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Revised 2023 Page 51 of 886 Page 11 of 12 Public Participation Requirements LDC Section 10.03.06 B. or C. Chapter 8 of the Administrative Code Notice for Minor Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the Hearing Examiner’s receipt of the staff report and application materials in accordance with the applicable sections of the Administrative Code. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised Hearing Examiner hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised Hearing Examiner hearing in a newspaper of general circulation. The advertisement shall include at a minimum: •Date, time, and location of the hearing; •Description of the proposed land uses; and •2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised Hearing Examiner hearing date. Public Hearing for Minor Conditional Use Petitions Hearing Examiner: The Hearing Examiner shall hold at least 1 advertised public hearing. See Chapter 9 of the Administrative Code for the Office of the Hearing Examiner procedures. Notice for Conditional Use Petitions Neighborhood Information Meeting (NIM) Requirements: Applicant must conduct a NIM at least 15 days prior to the advertised public hearing. The NIM shall be advertised and a mailed written notice shall be given to the property owners in the notification area at least 15 days prior to the NIM meeting. Revised 2023 Need Help? GMCD Public Portal Online Payment Guide E-Permitting Guides Page 52 of 886 Page 12 of 12 Mailed Notice: Written notice shall be sent to property owners in the notification area at least 15 days before the advertised public hearing. Newspaper Advertisements: The legal advertisement shall be published at least 15 days before the advertised public hearing in a newspaper of general circulation. The advertisement shall include at a minimum: •Date, time, and location of the hearing; •Description of the proposed land uses; and •2 in. x 3 in. map of the project location. Sign: A sign shall be posted at least 15 days before the advertised public hearing date. Public Hearing for Conditional Use Petitions Environmental Advisory Committee (EAC): The EAC shall hold at least 1 advertised public hearing, if required. Collier County Planning Commission (CCPC): The CCPC shall hold at least 1 public hearing. Board of Zoning Appeals (BZA): The BZA shall hold at least 1 advertised public hearing. Revised 2023 Page 53 of 886 PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. 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 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 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 3 Page 54 of 886 d.If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership e.If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership Date of Contract: ___________ f.If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address g.Date subject property acquired _______________ Leased: Term of lease ____________ years /months If, Petitioner has option to buy, indicate the following: Page 55 of 886 Date of option: _________________________ Date option terminates: __________________, or Anticipated closing date: ________________ AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form. Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition’s final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. ____________________________________________ ____________ Agent/Owner Signature Date ____________________________________________ Agent/Owner Name (please print) *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 Jeff Davidson, P.E. - Agent for Owner 1/9/2025 Page 56 of 886 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)P1202300r r364 Aw,q Elttrson ,", 0;wnlrt l'lonoqer(print name)(title, ift, a U pplcaotM nder oath, that I am the (choose one) owner applicant contra lcdmpany, lf app*able), swear or affirm ct purchaserIand that: f collter colnty 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions jn this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honesl 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 that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l aUthOfiZe oavdson Ensine€nng,lnc to act as our/my representative in any matters regarding this petition including 1 through 2 above *Nores: . lf the applicant is a corporation, then it is usually executed by the corp. pres. orv. pres. . lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typica y be signed by the Company's "Managing Member.". lf the applicant is a paftnership, then typically a partner can sign on behalf of the partnership.. lf the applicant is a limited painership, then the general paftner must sign and be identified as the "general padner" of the named partnership. c lf the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's sratus, e.9,, individual, corporate, trust, paftnership, and then use the appropriate format for that ownership. Under penalties of periury, I declare that I have read the foregoing Affidavit of Authorization and that the s stated in it a true. fi lrc1l 73 Signature Date I he foregoing instrument was acknowleged before me by means of lfinysicatpre ence or Eonline notarization this STATE OF FLORIDA COUNry OF COLLIER Such person(s) Notary Public must check applicable box 6e personally *nown to me lilAFlA PIZARRO Notary Publlc Stat. of Flodd. Comm# HHf768/t E4lrt6 9n027I Has produced a current drivers license Notary Signature C cP\0&coA-001l5\155 Rfv 3/4/2020 E Has produced _ as identification. ) Page 57 of 886 F.F.E. = 4.07'©2023 GOOGLEU.S. 41S.R. 29 I-75GULF OFMEXICOPage 58 of 886 Page 59 of 886 F.F.E. = 4.07' Page 60 of 886 ATLAS TECHNICAL CONSULTANTS, LLC CARNESTOWN X601 NEW COMMUNICATION TOWER PROJECT COLLIER COUNTY, FLORIDA BIOLOGICAL ASSESSMENT IPAC PROJECT CODE 2023-0092905 DECEMBER 2023 Prepared for: U.S. Fish and Wildlife Service Florida Ecological Services Field Office 777 37th Street, Suite D-101 Vero Beach, Florida 32960 Prepared by: EcoWild Consulting Group, LLC 4425 West Pearl Avenue Tampa, Florida 33611 Florida Ecological Services Field Office Service Project Code No. The U.S. Fish and Wildlife Service has reviewed the information provided and finds that the proposed action is not likely to adversely affect any federally listed species or designated critical habitat protected by the Endangered Species Act of 1973 (Act), as amended (16 U.S.C. 1531 et. seq.). A record of this consultation is on file at the Florida Ecological ServiceV )LHOGOffice. This fulfills the requirements of section 7 of the Act and further action is not required. If modifications are made to the project, if additional information involving potential effects to listed species becomes available, or if a new species is listed, reinitiation of consultation may be necessary. Environmental Review Supervisor 2023-0092905 Page 61 of 886 Carnestown X601 Biological Assessment Collier County, Florida Project Code: 2023-0092905 i DOCUMENT CERTIFICATION This report, data collection, and final results have been performed under the supervision and reviewed by the persons named below. DRAFT Signature January 23, 2024 Date Colleen M. Reilly Principal/Technical Director EcoWild Consulting Group, LLC (813) 410-1713 creilly@ecowildconsulting.com Page 62 of 886 Carnestown X601 Biological Assessment Collier County, Florida Project Code2023-0092905 ii TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 1 2.0 BACKGROUND INFORMATION 2 3.0 DESCRIPTION OF PROPOSED ACTION 3 4.0 ECOLOGICAL SITE DESCRIPTION 4 4.1 SOILS 4 4.2 LAND COVER 4 5.0 FEDERALLY LISTED SPECIES 6 5.1 FLORIDA BONNETED BAT 8 5.2 FLORIDA PANTHER 11 5.3 CRESTED CARACARA 13 5.4 EASTERN BLACK RAIL 15 5.5 SNAIL KITE 16 5.6 RED-COCKADED WOODPECKER 18 5.7 EASTERN INDIGO SNAKE 19 6.0 MIGRATORY BIRDS 22 6.1 BIRDS OF CONSERVATION CONCERN 22 6.2 BALD EAGLE 24 7.0 SUMMARY 25 8.0 REFERENCES 26 LIST OF TABLES Table 4.1-1. Soil Summary for the Carnestown X601 Project Site. Table 4.2-1. Land Use/Land Cover Summary for the Carnestown X601 Project Site. Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Page 63 of 886 Carnestown X601 Biological Assessment Collier County, Florida Project Code2023-0092905 ii LIST OF FIGURES Figure 1. Location Map Figure 2. NRCS Soils Map Figure 3. Land Use/Land Cover Map Figure 4. Florida Bonneted Bat Desktop Evaluation Map Figure 5. Florida Panther Desktop Evaluation Map (Telemetry) Figure 6. Florida Panther Desktop Evaluation Map (Mortality) Figure 7. Crested Caracara Desktop Evaluation Map Figure 8. Snail Kite Desktop Evaluation Map Figure 9. Red-cockaded Woodpecker Desktop Evaluation Map Figure 10. Eastern Indigo Snake Desktop Evaluation Map Figure 11. Bald Eagle Desktop Evaluation Map APPENDICES APPENDIX A – USFWS Correspondence APPENDIX B – Compound Layout and Elevation View for Carnestown X601 APPENDIX C – Site Photographs APPENDIX D – Florida Bonneted Bat Survey Report APPENDIX E – USFWS Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Page 64 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 1 1.0 INTRODUCTION This Biological Assessment (BA) report was prepared by EcoWild Consulting Group, LLC (EcoWild) on behalf of Atlas Technical Consultants, LLC (Atlas) in support of the Carnestown X601 communication tower project (Project) proposed by the Florida Department of Management Services (Applicant). The purpose of the Project is to provide public safety communications through the construction of a new tower that will replace the function of a nearby tower that is being decommissioned. The owner and operator of the Project shall be the State of Florida. A Project Site (±0.94 acres) is defined based on the footprint of the tower and its associated components (±0.20 acres), and any temporary work areas needed for construction (±0.74). The Project Site is located within Section 35, Township 52S, Range 30E in Collier County, Florida. More specifically, the Project Site can be located at 40808 Tamiami Trail East (US Highway 41/State Road 90), on the south side of Tamiami Trail East, approximately 5.3 miles east of County Road 29 (Figure 1). The Project Site is under the ownership of the Collier County Board of County Commissions (i.e., Parcel No. 01148440000) and is the location of Ochopee Fire Control Station 66, which is no longer operational and currently being utilized for storage. The Project Site is situated within the Big Cypress National Preserve. The purpose of this report is to provide necessary information to the U.S. Fish and Wildlife Service (USFWS) Florida Ecological Services Field Office (FESFO) in support of a review of the potential direct, indirect, and cumulative impacts to federally listed species (50 CFR Part 17) as part of the action in accordance with obligations under the Endangered Species Act (ESA). Under Section 7 of the ESA and its implementing regulations (50 CFR 402 et seq.), federal agencies, such as the Federal Communications Commission (FCC), are required to utilize their authorities to carry out programs for the conservation of listed species and to determine whether activities may affect listed species and/or designated critical habitats. Federal agencies further have obligations to minimize impacts to avian resources under the Migratory Bird Treaty Act (MBTA), the Bald and Golden Eagle Protection Act (BGEPA), and Executive Order (EO) 13186. Accordingly, this report provides the USFWS FESFO with information regarding a description of the proposed Project; ecological conditions found on the Project Site; status of listed species and/or critical habitat within the Project Site as documented through desktop evaluation and/or field surveys; an evaluation of the potential effects of the proposed Project on listed species and/or critical habitat and/or avian species of conservation concern; a description of avoidance and conservation measures that will be included as part of the action; and a determination of effects in accordance with ESA definitions (i.e., “No effect”, “May affect, not likely to adversely affect”, and “May affect, likely to adversely affect”). Page 65 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 2 2.0 BACKGROUND INFORMATION On behalf of the FCC, Atlas obtained an Official Species List from the USFWS FESFO on June 13, 2023 (IPaC Project Code: 2023-0092905) (Appendix A). The Official Species List identified 17 listed species, 1 extent of critical habitat, and 10 birds of conservation concern (BCC) as occurring on, or in the vicinity of, the Project Site. The USFWS provides a consultation key for new communication towers that allows for streamlined consultation when a proposed action will have no effect on listed species; however, it was determined that the USFWS Determination Key for Clearance to Proceed with Communication Tower Projects in Florida (January 26, 2022) is not applicable for this Project because the Project is located within the Consultation Area for the endangered Florida bonneted bat (FBB) (Eumops floridanus) (Appendix A). On behalf of Atlas and the Applicant, EcoWild contacted staff from the USFWS FESFO to determine the appropriate methods and level of survey for the FBB on the Project Site. The USFWS (i.e., Ms. Sandra Sneckenberger) was contacted via email by EcoWild on August 21, 2023 (Appendix A) and a subsequent phone conversation occurred on September 6, 2023 between EcoWild (i.e., Ms. Colleen Reilly) and Ms. Sneckenberger. Through this coordination and a discussion of the project location, available habitats, and the proposed activity, it was determined that a combination of a limited roost survey and acoustic survey would provide the information needed regarding FBB presence and use of the Project Site to evaluate the potential impacts under the ESA. Results from the FBB survey (see Section 5.1) were presented to USFWS FESFO during a phone conversation on December 7, 2023. Results from the survey and subsequent conversation with USFWS regarding best management practices (BMPs) for projects of this type indicate that consultation between the FCC and the USFWS FESFO is required for the Project with regard to the FBB. EcoWild and Atlas have also coordinated with staff from the National Park Service (NPS) (i.e., Mr. Scott Pardue) on behalf of the Applicant. Initial coordination was made with the NPS regarding the Project plan, listed species survey plan, and to request survey access (where needed) to address any buffers of the Project Site that may occur on NPS land. It is understood that the NPS is supportive of the Project, and they have requested information be shared with them regarding the survey results and listed species impact evaluation. Page 66 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 3 3.0 DESCRIPTION OF PROPOSED ACTION The Project is a new communication tower proposed by the Florida Department of Management Services. The tower is needed to provide public safety communications and will replace the function of a nearby tower that is being decommissioned. The owner and operator of the tower shall be the State of Florida. The lead federal agency responsible for the action is the Federal Communications Commission (FCC). A compound layout and elevation view for the Project are provided in Appendix B. The Project is a proposed 350-foot self-support (i.e., no guy wires) tower structure located behind the existing fire control building. The tower will have antennas installed near the top of the structure at 250 feet, 260 feet, 280 feet, 290 feet, 320 feet, and 325 feet in height above ground level. Lighting on the tower shall be compliant with Federal Aviation Administration (FAA) regulations and will include the minimum amount of pilot warning and obstruction avoidance lighting required. Lighting will likely include one dual light at the top and 3 dual lights at the middle of the tower. Associated Project components include one equipment shelter (12’ x 24’) that is approximately 10.8 feet in height but, to be built above the flood elevation (7’), will stand approximately 17 feet in height upon completion. Other components include one generator, two 500-gallon propane tanks, and two future lease areas (10’ x 10’). Future lease areas may include elevated equipment platforms with communication cabinets, but future use is not known at this time. All components will be enclosed within a fenced compound that is estimated to be 5,235 square feet (or ±0.12 acres) in total area with a 12-foot-wide access gate. Fencing is expected to consist of 8-foot chain link fence with 3-strand barb wire at the top for security. Access will be along the easternmost asphalt drive in a 20-foot non-exclusive ingress/egress corridor. Power and telco will be installed via overhead lines that will follow the same corridor. The exact route and installation methods will be confirmed with the utility provider prior to construction. No land clearing, grading, fill work, or demolition is proposed as part of the Project. Construction activities associated with the tower and its components are scheduled to start within the next 6 months and are anticipated to last for a duration of 3-5 months. The Project will be operational by the end of 2024. Typical lifespan can be around 30 years or more, depending on tower loading. Page 67 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 4 4.0 ECOLOGICAL SITE DESCRIPTION 4.1 SOILS According to the Collier County Soil Survey provided by the U.S. Department of Agriculture (USDA) Natural Resource Conservation Service (NRCS), 1 soil type occurs on the Project Site (Figure 2). In its undisturbed state, the Biscayne series consists of shallow, poorly to very poorly drained, moderately or moderately rapidly permeable soils over limestone in fresh water and tidal marshes and sloughs, as well as in broad, low, coastal flats and elongated sloughs in Southern Peninsular Florida (Figure 2, Table 4.1-1). According to a review of available aerial imagery in Googe Earth, the Project Site was previously filled and disturbed to accommodate the fire control building which was present at least as far back as 1994. Table 4.1-1. Soil Summary for the Carnestown X601 Project Site. Code Description Project Work Area Acres Percent Acres Percent 2 Biscayne-Rock Outcrop Complex, 0-1 % slopes, frequently flooded 0.20 100 0.74 100.00 TOTAL 0.20 100.00 0.74 100.00 4.2 LAND COVER Habitats within the Project Site were assigned a land use classification in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) - Florida Natural Area Inventory (FNAI) Cooperative Land Cover (CLC) (FWC-FNAI 2023) and the South Florida Water Management District (SFWMD) Florida Land Use, Cover, and Forms Classification System (FLUCFCS) (FDOT 1999) (Figure 3, Table 4.2-1). Representative habitat photographs are provided in Appendix C. All habitats within the Project Site (±0.94 acres) are mapped as either Mixed Scrub-Shrub Wetland (CLC 2112) or Rural Residential (FLUCFCS 118); however, habitats found on the Project Site as described in the field primarily consist of open grassy and weedy vegetation situated around an abandoned metal fire control building with two paved entry/exit ways and parking area. Debris and other trash items are present on the ground. A few cabbage palm trees are present on the Project Site, and an area of herbaceous wetland marsh is situated between the paved entryways along U.S. Highway 41. The edges of the open habitat, where the Project Site meets the adjacent cypress and shrub swamplands, are dominated by Brazilian pepper shrubs and occasional pine trees. Page 68 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 5 Table 4.2-1. Land Use/Land Cover Summary for the Carnestown X601 Project Site. Code Description Project Work Area Acres Percent Acres Percent 2112/118 Mixed Scrub-Shrub Wetland/Rural Residential 0.20 100.00 0.74 100.00 TOTAL 0.98 100.00 0.74 100.00 Page 69 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 6 5.0 FEDERALLY LISTED SPECIES EcoWild conducted a desktop evaluation and subsequent field surveys for the Project to document the occurrence and relative abundance of those species listed as Threatened or Endangered by the USFWS under 50 CFR Part 17, designated or proposed critical habitats, and birds of conservation concern (BCC) identified by the USFWS FESFO as having potential to occur on or in the vicinity of the Project Site (Appendix A). In addition to the IPaC Official Species List obtained for the Project, EcoWild referenced available agency information including: • USFWS Environmental Conservation Online System (ECOS), List of Species by County; • Florida Natural Areas Inventory (FNAI), Tracking List by County; • Geographic Information Systems (GIS) data, including Proposed and Designated Critical Habitat (USFWS, Federal Register), Consultation Area boundaries (USFWS), and various species occurrence data (USFWS, FWC-FWRI); • Consultation Guidelines by Species (USFWS); • Survey Guidelines by Species (USFWS); • Cooperative Land Cover (CLC) data, Version 3.7 (FWC-FNAI 2023); • Land Use (FLUCFCS) data (SFWMD); and • Soils data (USDA-NRCS). Information obtained was then used to prepare a survey plan for the Project, with a focus on those species known or likely to occur in habitats found on the Project Site and in the immediate vicinity. Qualified biologists conducted a general pedestrian survey and habitat evaluation on the Project Site (and 250-foot buffer) on October 11, 2023 and October 28, 2023 to document occurrence by listed species. Surveys were performed in accordance with the general methodologies provided and developed by the Florida Fish and Wildlife Conservation Commission (FWC), USFWS, and FNAI. Biologists canvassed the Project Site for direct observations or signs (e.g., tracks, burrows, nests, scat, whitewash, sheds, and other various indicators) of potential occurrence by listed species. Any observations were noted on an aerial image of the Project Site and locations were recorded using a GPS. Representative habitat photos were obtained. A species-specific limited roost survey and acoustic survey for the FBB were also completed on the Project Site by EcoWild during October 11 - October 28, 2023 in accordance with methods found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a) and guidance provided by staff from the USFWS FESFO. Page 70 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 7 Results from these evaluation efforts are incorporated into the information provided by species below. Please note that for any listed species identified by agency resources but for which preferred, or potentially suitable, habitat is not present on the Project Site or vicinity including those species considered strictly marine or coastal and no downstream impacts are reasonably expected as a result of the action (i.e., green sea turtle [Chelonia mydas], loggerhead sea turtle [Caretta caretta], and Gulf sturgeon [Acipenser oxyrinchus desotoi]); species without regulatory requirements (i.e., American alligator [Alligator mississippiensis]); and federally listed species of insects and/or plants (i.e., Florida prairie clover [Dalea carthagenensis floridana]) with restricted ranges and/or habitat needs that do not overlap the Project Site, specific field surveys were not conducted, and these species are not discussed further in the BA. All other potentially occurring listed species are evaluated below. Effect determinations were applied as defined in the glossary (p. xv and xvi) of the Final ESA Section 7 Consultation Handbook (USFWS and NMFS 1998) as follows: • No effect - the appropriate conclusion when a proposed action will not affect a listed species or designated critical habitat. • May affect - the appropriate conclusion when a proposed action may pose any effects on listed species or designated critical habitat; must either initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect" listed species. • Not likely to adversely affect - the appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. • Likely to adversely affect - the appropriate finding if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not: discountable, insignificant, or beneficial. In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action "is likely to adversely affect" the listed species. If incidental take is anticipated to occur as a result of the proposed action, an "is likely to adversely affect" determination should be made and requires the initiation of formal consultation. Page 71 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 8 5.1 FLORIDA BONNETED BAT The FBB is listed by the USFWS as Endangered and is protected pursuant to the ESA. The FBB is known to roost in a variety of man-made structures and natural roosts, including shafts of palms and cavities excavated by woodpeckers. Important foraging areas include wetlands and open, fresh water sources such as ponds and streams where bats will also fly low to drink water (USFWS 2019a). FBB may travel considerable distances when foraging around a roost. Relatively little is known about the species, but recent studies are beginning to provide valuable information critical for management of the species. Habitat loss and modification and other natural and manmade factors appear to be the primary threats to the FBB. The Project Site is situated within the designated Consultation Area for the FBB and within proposed critical habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 4). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. Action Area To complete the analysis of potential impacts to FBB as a result of the Project, an action area was defined to include the Project Site and a 250-foot buffer. The 250-foot buffer accounts for any FBB roosts that may be located nearby and susceptible to disturbance. Impacts to FBB CH are evaluated by looking at the area associated with all units of CH proposed for the species within its range of occurrence. Occurrence A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS FESFO as described in Appendix D. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts that may occur near the proposed activity. Surveys were conducted Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey within the Project Site and 250-foot buffer, 3 potentially suitable roosting structures were recorded and inspected. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the 10 valid nights of acoustic survey. The majority of calls were classified by Kaleidoscope Pro (KPro) as Noise or as one of two common bat species: Mexican free tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz). Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some FBB activity on the Project Site. Page 72 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 9 Based on the number and type of FBB calls confirmed during the acoustic survey, it is determined that, while FBB are using the Project Site, data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. Determining the likelihood of FBB roosting is challenging. The USFWS (2019a) considers the following evidence indicative that roosting is likely nearby (i.e., reasonably certain to occur): • FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset, or within 1.5 hours before sunrise; • Emergence calls are recorded; • Human observers see or hear FBB flying to or from potential roosts; • Human observers see and identify FBB within a natural or artificial roost; or • Other bat sign (e.g., guano, staining, etc.) are found to be identified as FBB. Results from the combination roost search and acoustic survey do not indicate that FBB are roosting on the Project Site or in the immediate vicinity. The Project Site is located within proposed CH for the FBB as part of “Unit 6” which is associated in part with the surrounding Big Cypress National Park (87 FR 71466). CH is defined by the USFWS as specific habitat within the geographical area occupied by the species that contain those physical or biological features essential to the conservation of the species and which may require special management considerations or protections. Unit 6 is considered occupied by the FBB based on documented species presence. High quality roosting habitat and areas of high conservation value are found within the vast expanses of forested habitats in this region (87 FR 71466). Effects and Conservation Measures Results from the field surveys completed for the FBB (Appendix D) do not indicate that roosting is likely on the Project Site or in the immediate vicinity. Therefore, no roost disturbances or direct impacts to known FBB roosts are reasonably expected to occur as a result of the Project. No land clearing is proposed as part of the Project action; therefore, no potentially suitable roost trees or roosting habitat on the Project Site will be removed or lost as part of the action. Little to no scientific information or guidance was found regarding bat collisions specifically with self-supported communication towers. Data suggest that the collision risk for these types of projects is likely greater for avian species (see Section 6.1) and for which specific BMPs are designed. At this time, effects to the FBB as a result of the Project (i.e., additional structures being added to the landscape with lighting) may include avoidance of the Project Site by foraging FBB and missed feeding opportunities. It is difficult to quantify the extent of missed feeding opportunities by the FBB; however, considering the amount and quality of Page 73 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 10 available habitats to the FBB in the vicinity of the Project Site, these impacts are expected to be minor and are not reasonably expected to result in negative population level impacts. The location and placement of the tower was chosen by the Applicant because it is on County-owned land and was previously disturbed for human use. The habitat that will be converted for the Project consists of open, weedy vegetation. No wetlands will be impacted, and no native trees will be lost as a result of the Project. Because a communication tower is needed to provide public safety communications in this general area, it may be challenging to find an alternative location that would not affect the FBB. Moving the Project to another location in this general area could potentially result in loss of roosting habitat or habitat that supports a higher level of FBB activity (i.e., an area of higher importance for the species). Considering the distance that FBB may travel from a roost for foraging on any given night, and the extent of occupied habitat found in CH Unit 6, it is considered unlikely that an alternative location in this general area would result in no FBB detections found as part of an acoustic survey. Because only 3 FBB detections were found during the acoustic survey for the Project, no roosts were found or indicated as a result of the surveys, and considering the habitat type and quality within the Project Site and immediate vicinity, this location is considered to be the suitable location for the Project. Generally, in applying the Florida Bonneted Bat Consultation Key to a project that is less than 5 acres in size, when some FBB activity is recorded during an acoustic survey but data do not indicate “high activity” in accordance with USFWS definitions, it is determined that a project “may affect” but is “not likely to adversely affect” the species if/when standard BMPs can be implemented (USFWS 2019a). The USFWS identifies a set of BMPs for the FBB that can be implemented on development projects to provide a benefit to the species (USFWS 2019). However, it is not practicable to implement all necessary BMPs for the Project considering the activity type proposed, the location of the Project, and the overall Project size. For similar reasons, offsite restoration activities are also not a viable option for the Applicant. The Applicant has proposed the following conservation measures to benefit the FBB. Conservation measures are intended to minimize impacts to the species during construction and operation of the Project. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Install and use wildlife-friendly lighting on the tower compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 4. Design and construct the new equipment shelter in a way that discourages the FBB and other bat species from roosting in the structure (e.g., eliminating structural voids, seam roofing, screens on vents, no downspouts, or gutters, etc.); 5. Avoid or limit the application of insecticides at the Project Site; Page 74 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 11 6. Notify the USFWS FESFO of any identified or suspected FBB roosting activities on the Project Site within 48 hours of discovery; 7. Coordinate with the USFWS FESFO and/or the FWC if/when it comes time to decommission the Project to determine if any additional steps should be taken to ensure additional adverse impacts to FBB or other native bat species do not occur; and 8. Provide a voluntary, one-time contribution in the amount of $10,000.00 to the Florida Bat Fund administered by the Fish and Wildlife Foundation of Florida. There are 1,174,011 acres over 13 Florida counties included by USFWS in the proposed CH designation for the FBB. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties. The Project will convert a total of 0.12 acres for the tower compound. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and the entire extent of CH for the FBB. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the FBB. The majority of land surrounding the Project Site and those included in FBB CH Unit 6 are permanently protected as federal (533,179 acres) and state-owned (152,494 acres) conservation lands. Effect Determination The Project as proposed “may affect” but is “not likely to adversely affect” the FBB. Conservation measures are provided by the Applicant to minimize impacts to the FBB during construction and throughout operation to the extent practicable given the Project type and location. The proposed action is not reasonably expected to destroy or adversely modify proposed CH for the FBB. 5.2 FLORIDA PANTHER The Florida panther (Puma concolor coryi) is listed as Endangered by the USFWS and protected pursuant to the ESA. Panthers require expansive wilderness areas to meet their needs and depend upon habitat of sufficient quantity, quality, and spatial configuration for long-term persistence. The species historical range included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee. Today, the breeding population is primarily limited to areas of South Florida but breeding females have been dispersing north of the Caloosahatchee River in recent years. Primary threats include habitat loss/conversion and fragmentation, vehicular mortality, and disease. The Project Site is situated within the occupied Primary Zone of the designated Panther Focus Area (Figure 5, Figure 6). Lands within the Primary Zone are considered essential for the survival of the species in the wild. Critical Habitat has not been designated for the species. Page 75 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 12 Action Area To complete the analysis of potential impacts to the Florida panther as a result of the Project, an action area was defined to include the Project Site and a 2-mile buffer in accordance with guidance found in the Panther Effect Determination Key (USFWS 2007b). Occurrence No Florida panthers or evidence of the species (e.g., scat, tracks) were observed during the field surveys of the Project Site. A review of telemetry data confirms panther occurrence in the immediate vicinity and in Big Cypress National Park (Figure 5) (FWC-FWRI 2023b). Mortality data confirms deaths by vehicle along Tamiami Trail East in the vicinity of the Project (Figure 6) (FWC-FWRI 2023a). Effects and Conservation Measures Florida panthers occur in the area of the Project Site. The habitat found on the Project Site and the immediate area adjacent to the Project Site do not provide optimal panther denning habitat (i.e., old growth palmetto) but may provide some open space and edge effects for hunting and ambushing prey. The forested cypress and shrub/brush swamp areas found adjacent to the Project Site may be utilized as corridors for movement and for cover. The fencing proposed around the tower compound is necessary for security purposes and will exclude panthers from the Project. Lighting used on the tower compound may result in avoidance of the Project Site by panthers. No removal or loss of native habitats, including wetlands or mature tree cover will occur as part of the Project action. In accordance with the Panther Effect Determination Key, individual projects that are less than 1-acre in size are not expected to have a measurable effect on panthers (USFWS 2007b). Panthers are a wide-ranging species, and individually, a less than 1-acre habitat change is not likely to adversely affect panthers or reasonably expected to result in negative population level impacts. Vehicular mortality is a significant threat to the species. Only minor traffic increases will occur during construction of the Project but will occur during the daytime hours. No long-term changes to the existing traffic patterns or intensity are reasonably expected as a result of operation of the Project. Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the Florida panther. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 4. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; Page 76 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 13 5. Provide educational training for contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that will affect the Florida panther. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Considering the above information, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the Florida panther. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.3 CRESTED CARACARA The crested caracara (caracara) (Caracara plancus) is listed by the USFWS as Threatened and protected pursuant to the ESA. In Florida, the listed population of caracara occurs from Orlando south to the Everglades. Primary habitat includes open pasturelands with short herbaceous vegetation and seasonal wetlands that are used for foraging. Suitable habitats include native wet and dry prairies, improved, unimproved, and woodland pastures, sod farms, row crops, levees, and rangeland. Juvenile caracaras may use citrus and tree farms. Primary nesting substrate is cabbage palms, although there have been reports of caracara nesting in pines and hardwoods and atypical locations such as human-engineered structures (USFWS 2016). The main threat to the species remains habitat loss for conversion to development and agriculture. The Project Site intersects the designated Consultation Area for the species and contains minimal open foraging habitat (Figure 7). A cluster of mature cabbage palms is present. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the caracara as a result of the Project, an action area was defined to include the Project Site and 1,500-meter buffer in accordance with guidance found in the Species Conservation Guidelines South Florida (USFWS 2004b). The 1,500-meter buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No caracara were observed during the field surveys of the Project Site and vicinity. Mature cabbage palms on the Project Site were inspected by experienced biologists for any evidence Page 77 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 14 of use by the species. No nests or nest material, food material, or whitewash were observed in the trees and on the surrounding ground. A review of caracara sightings in eBird show 3 records within 1,500-meters of the Project Site along Tamiami Trail East; in March of 2017, one caracara was reported at the nearby Trail Lakes Campground, and once caracara was reported near the Turner River Canoe Launch both in December of 2019 and January of 2022 (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project Site provides minimal open habitat to support foraging by the caracara. The habitat in the vicinity of the Project is heavily forested and not considered suitable for the species (USFWS 2004b). Occasional occurrence by the caracara in the vicinity and foraging along Tamiami Trail East are likely. There are no data to suggest caracara nesting occurs on site or in the vicinity. Construction is expected to commence in June of 2024 and last for approximately 3-5 months. Therefore, activities associated with construction of the Project will not occur during the typical breeding season for the species (i.e., primary nesting season is between November and April). Nest disturbance is not reasonably expected to occur. Further, no land clearing activities will occur as part of the Project and no mature cabbage palms onsite will be removed or lost. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any caracara nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the caracara. The majority of land surrounding the Page 78 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 15 Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of caracara or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of breeding caracara within the Project Site or vicinity but considering the caracara may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the caracara, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.4 EASTERN BLACK RAIL The eastern black rail (rail) (Laterallus jamaicensis jamaicensis) is listed as Threatened by the USFWS and protected pursuant to the ESA. The rail is subspecies of small, cryptic wetland-dependent marsh bird that occurs in salt, brackish, and freshwater wetlands in the eastern U.S. (east of the Rocky Mountains), Mexico, Brazil, Central America, and the Caribbean. Habitat associations vary by location and can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. In Florida Gulf Coast marshes, habitat occupied by rails is comprised of black needle rush and limited elevational bands supporting cordgrass and possibly saltbush inland and adjacent to these marshes. Rail nests are typically well hidden in a dense clump of vegetation over moist soil or shallow water. Geographically isolated freshwater emergent wetlands have been associated with supporting rails. Threats to the species include habitat fragmentation, alteration, and conversion; altered hydrology; land management; climate change; oil and chemical spills, as well as environmental contaminants; disease; altered food webs and predation; and human disturbance (USFWS 2019b). No optimal nesting or foraging habitat is present on the Project Site. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the rail as a result of the Project, an action area was defined to include the Project Site and 250-foot buffer, surveyed as part of the effort for the FBB. Occurrence No rails were seen or heard during field surveys of the Project Site and vicinity, and no suitable foraging and nesting habitats were observed. Water depths in the adjacent forested and shrub/brush swamps were greater than 3 centimeters at the time of survey and grasslands on the site were dry (USFWS 2019b). Dense emergent vegetation and shallow water depths and flooded grasslands are required to support the rail resource needs. Page 79 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 16 Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the rail. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of rails and their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of rails or suitable habitat within the Project Site and immediate vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.5 SNAIL KITE The snail kite (Rostrhamus sociabilis) is listed as Endangered by the USFWS and protected pursuant to the ESA. The snail kite once occupied a large range in Florida but is now restricted to portions of central and south Florida. Snail kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems or in lake littoral zones with emergent vegetation, where apple snails are found and kites can see their prey. Snail kites nest in a variety of vegetation types including both woody species such as willows, cypress, pond apple, and melaleuca, as well as cattails (USFWS 2006). Primary threats include the loss and degradation of wetlands and water quality in south and central Florida. The Project Site intersects the Consultation Area for the species, but no preferred nesting or foraging habitat is present on the Project Site (Figure 8). Critical Habitat has been designated but is not intersected by the Project. Action Area To complete the analysis of potential impacts to the snail kite as a result of the Project, an action area was defined to include the Project Site and 500-foot buffer in accordance with guidance found in the Snail Kite Survey Guidance (USFWS n.d.). The 500-foot buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No snail kites or nests were observed during the field surveys of the Project Site and vicinity. A review of snail kite sightings in eBird show no records within 500-feet of the Project Site. The closest records are near Trail Lakes Campground in March of 2017 and April of 1984. There are also observations near the Turner River and Canoe Lauch (December and February, 2019) (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project is situated within previously disturbed uplands and will not directly impact snail kite habitat. Occasional snail kite occurrence along Tamiami Trail East and adjacent wetland forests habitats is possible. However, there are no data to suggest snail kite nesting occurs Page 80 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 17 on site and habitat within the vicinity is not conducive to kite foraging. Construction is expected to commence during June of 2024 and last for approximately 3-5 months. Peak nesting season is between the months of February and July. Disturbance of kite nest sites is not likely to occur. Critical habitat has been designated for the snail kite but is not intersected by the Project. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any snail kite nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the snail kite. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of snail kites or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of snail kites within the Project Site and vicinity but considering the species may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. Critical habitat is not intersected by the Project; therefore, none will be impacted. Page 81 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 18 5.6 RED-COCKADED WOODPECKER The red-cockaded woodpecker (RCW) (Dryobates borealis) is listed as Threatened by the USFWS and protected pursuant to the ESA. Historically, the RCW occurred in mature pine forests throughout the southeastern coastal plain and piedmont, including all 67 Florida counties. The current distribution is highly fragmented and characterized by a majority of relatively small, isolated populations in remaining suitable forests, primarily located on public lands (USFWS 2003). The primary threat to the RCW continues to be destruction or degradation of habitat in association with timbering operations and other land clearing operations and, more recently, the loss of habitat as a result of fire suppression and exclusion. The Project Site intersects the Consultation Area for the species, but no suitable nesting or foraging habitat is present. Critical Habitat has not been designated for the RCW. Action Area To complete the analysis of potential impacts to the RCW as a result of the Project, an action area was defined to include the Project Site and 0.5-mile buffer in accordance with guidance found in the Red-cockaded Woodpecker South Florida Survey Protocol (USFWS 2003). The 0.5-mile buffer accounts for any nesting territories that may overlap the Project Site. Occurrence Suitable foraging habitats in south Florida consist of a pine or pine/hardwood stand of forest, woodland, or savannah in which 50 percent or more of the dominant trees are pines and the dominant pine trees are generally 60 years in age or older. Suitable nesting habitat consists of pine, pine/hardwood, and hardwood/pine stands that contain pines 60 years in age or older and that are within 0.5 miles of suitable foraging habitat (USFWS 2003). No RCW, RCW cavities, or suitable foraging and nesting habitats were observed during the field surveys of the Project Site and vicinity. Field surveys were designed specifically to evaluate the area for presence of mature native tree species and to search these trees for cavities. One pileated woodpecker was observed in association with a dead maple tree in the 250-foot buffer of the Project Site covered as part of the FBB survey. Other avian species observed on the Project Site include northern mockingbird and black vulture. Nearly all RCW populations are known and managed. A review of RCW occurrence data shows no records within 0.5-miles of the Project Site (FWC-FWRI 2005). The closest RCW records are located starting approximately 5.3 miles to the northeast of the Project Site associated with vast areas of the Big Cypress Wildlife Management Area (WMA) (Figure 9). Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the RCW. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 82 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 19 Effect Determination Incidental take of RCW or their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of RCW or habitat within the Project Site and vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.7 EASTERN INDIGO SNAKE The eastern indigo snake (EIS) (Drymarchon couperi) is listed by the USFWS as Threatened and protected pursuant to the ESA. Historically, the EIS occurred throughout Florida and in the coastal plain of Georgia, Alabama, and Mississippi (Krysko et al. 2019). Today, the only remaining viable populations occur in southern Georgia and Florida where the snake uses a wide variety of natural and altered habitats, including scrub, pine flatwoods, dry prairie, pine rocklands, tropical hardwood hammocks, edges of freshwater marshes, mangrove swamps, coastal dunes, pine plantation, farmlands, agricultural lands, canal banks in sugarcane fields, and citrus groves (Krysko et al. 2019). The EIS maintains a large home range and travels seasonally between wetland and upland habitats. Habitat loss and fragmentation remain the greatest threat to the species (Krysko et al. 2019). Potentially suitable habitats are found on the Project Site and on the large tracts of adjacent undeveloped conservation lands in the vicinity. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the EIS as a result of the Project, an action area was defined to include the Project Site and 1-mile buffer to account for the diameter of a male EIS home range for EIS occurrence that may overlap the Project Site. Occurrence No EIS or evidence of the species (e.g., sheds) were observed during the field surveys of the Project Site. Pieces of an invasive Burmese python (Python molurus bivittatus) shed were identified and collected in the open area of the Project Site. This observation was reported via the “IveGot1” app (Version 5.6.1) and during a phone call with the USFWS FESFO. A review of sightings for Burmese pythons in the app show numerous observations along Tamiami Trail East in the vicinity of the Project Site. A review of EIS occurrence data show no records within 1-mile of the Project Site (Figure 10) (FWC-FWRI 2008). The closet records are located approximately 5.2 miles to the north/northwest (2005) and 13.6 miles to the northeast (1980). FWC was contacted by EcoWild via email on August 8, 2023 to confirm if additional (or more recent) sightings were known from Collier County (Krysko et. al. 2019). Specific locations were not shared but general locations were provided and confirm 13 known records for Collier County between 2005 and 2011 (Enge, personal communication 2023). About half of the records came from Page 83 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 20 Rookery Bay and most of the remainder from the CREW Wildlife and Environmental Area (WEA). There is 1 record each from Big Cypress and Fakahatchee Strand. The lack of practical methods to survey for the EIS, in conjunction with its wide-ranging activity, usage of a variety of habitat types, and a lack of available information on density, makes it difficult to estimate the approximate number of EIS (if any) that occur within the Project Site and the vicinity. Effects and Conservation Measures EIS are known to occur in the region. Although EIS are known to use some disturbed areas, there is considered to be a low probability of occurrence for the Project as the Project Site has no known holes, gopher tortoise burrows, or other refugia where a snake could be buried, trapped, or injured during Project activities. There is very little cover for protection from predators. No EIS or signs of the species (i.e., sheds) were observed within the Project Site during field surveys. Further, there will be no loss of native habitats, including wetlands or native tree cover as part of the Project. According to the USFWS Consultation Key for the Eastern Indigo Snake for South Florida (Revised 2017) individual projects that will impact less than 25 acres of potential EIS habitat, provide no refugia sites, and are conditioned to follow the standard BMPs for EIS to limit injury and mortality will not have a measurable effect on the species (USFWS 2017). Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the EIS. Specifically, the Applicant will: 1. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 2. Implement the USFWS Standard Protection Measures for the Eastern Indigo Snake (USFWS 2022c). At least 30 days prior to any clearing/land alteration activities, the Applicant will notify the USFWS FESFO via e-mail and confirm use of the protection including use of informational materials (i.e., posters and pamphlets) and contractor training. The plan will include instructions for identifying EIS and what to do in the case live or dead EIS are confirmed on the Project Site. As long as the plan is followed as directed, no further approval from USFWS is needed, and the Applicant will move forward with the Project. A final report will be sent to USFWS within 60 days of Project completion; 3. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery; and 4. Immediately report any invasive Burmese python sightings within the Project Site so that agency response can be initiated to treat (i.e., remove) the species from the wild. Cumulative Impacts At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect EIS. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 84 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 21 Effect Determination Incidental take of EIS is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of EIS within the Project Site and vicinity but considering the snake may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the EIS, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. Page 85 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 22 6.0 MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703–711) is the federal statute that protects nearly all native birds, their eggs, and nests. The statute makes it unlawful "to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations." The USFWS concludes that the take of migratory birds resulting from an otherwise lawful activity (i.e., incidental take) is prohibited. There are currently no permits available that authorize incidental take of migratory birds under the MBTA. Bald eagles are further afforded protection under the federal Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668) which provides for the protection “by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. ‘Take’ includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” Incidental take and nest take are prohibited without a federal permit issued by the USFWS Regional Migratory Bird Program. Executive Order (EO) 13186 (66 Federal Register 3853) (2001) directs federal agencies to evaluate effects to migratory birds as a result of their actions and implement measures to promote conservation of the resource. The EO states that an emphasis should be placed on species of concern, priority habitats, and risk factors while addressing population-level impacts. Migratory birds are species that nest in the U.S. and Canada during the summer, and migrate south to the tropical regions of Mexico, Central and South America, and the Caribbean for the non-breeding season. All migratory bird species in the vicinity of the Project are protected under the MBTA; however, in accordance with EO13186, the geographic and environmental scope of analysis on direct and indirect impacts focuses on Birds of Conservation Concern (BCC) within the vicinity of the Project Site and Audubon-designated Important Bird Areas (IBAs). BCC species are considered priority species for conservation action and may include resident species. IBAs are designated areas that provide essential habitats for breeding, wintering, or migrating birds. 6.1 BIRDS OF CONSERVATION CONCERN According to a review of the USFWS Official Species List, 10 BCC species occur within the general region of the Project Site (Appendix A) (USFWS 2021a). These species may occur or breed within the Project Site or the vicinity during some portion of the year (Appendix A). Desktop evaluation shows that the Project Site is situated within a Global Important Bird Area (IBA) associated with the Big Cypress Swamp Watershed (Audubon n.d.). Page 86 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 23 During construction, birds are expected to avoid or leave the Project Site, if present, and retreat into surrounding habitats in the vicinity which may be of higher quality depending on individual habitat needs. Nesting habitats for BCC species that breed in the region in Florida are considered very limited within the Project Site. Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. Nest abandonment and disturbance to BCC nests is not reasonably expected to occur as most of the BCC species identified in the Official Species List do not have a breeding season that overlaps with the anticipated construction schedule, or else no suitable breeding habitat is available in the Project Site. Further, no native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Project activities will not result in direct intentional taking of migratory birds or their eggs. The only avian species identified during field surveys include the pileated woodpecker, northern mockingbird, and black vulture. None of these species are identified as BCC. Communication towers are some of the tallest structures found across the landscape. It is not definitively understood why bird mortality may occur at these locations, but evidence suggests that night-migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast, foggy, or other low visibility conditions (USFWS 2021b). Birds aggregate in larger numbers at towers with non-flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they disperse during the “off” phase. Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas (USFWS 2021b). USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable as part of the Project action to benefit bird resources in the area. This includes, but is not limited to, siting the tower in a location with lower quality avian habitats, the use of wildlife friendly lighting on the compound and associated components, a reduction in artificial lighting to the extent practicable, avoidance of insecticide uses within the Project site, and use of only those lighting and markings on the tower that are required in accordance with FAA regulations. Pre-clearing surveys will determine if any BCC species are present or actively nesting within the Project Site in order to provide assurances that direct take of migratory birds, their nests, or young will not occur. Incidental take permits are currently not authorized by the USFWS for migratory birds; therefore, the Applicant is not requesting authorization at this time or providing mitigation as part of the action. Population level impacts to BCC species within the region are not expected to be significant. Appropriate conservation measures and BMPs will be implemented to the extent practicable to benefit bird resources in the vicinity of the Project. Page 87 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 24 6.2 BALD EAGLE One of the 10 BCC species identified as occurring within the vicinity of the Project by IPaC is the bald eagle (Haliaeetus leucocephalus) (Appendix A). The bald eagle may occur or breed in the vicinity of the Project Site during a portion of the year. Desktop evaluation shows two known bald eagle nesting territories occur within 5 miles of the Project Site including CO012 (2.7 miles to the southeast, last recorded in a pine tree) and CO044 (3.7 miles to the west, last recorded in a cypress tree) (Figure 11) (Audubon 2023). No bald eagle nests are known within 660 feet of the Project, which is the largest management zone where nest disturbance is considered possible as a result of an activity (USFWS 2007a). Field surveys for the Project occurred during the early portion of the breeding season for the bald eagle in October of 2023. No bald eagles were seen or heard during the surveys, and no bald eagle nests were located on the Project Site or vicinity. Suitable nesting habitat for the bald eagle is present in the vicinity of the Project Site (e.g., occasional mature pine and dense cypress trees). Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. No native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Construction will commence in June of 2024 and is expected to last for a duration of 3-5 months. Bald eagle nesting season is generally from October to May in the southeast region. At this time, disturbance of bald eagles, their nests, and young is not reasonably certain to occur. If at any time bald eagles are observed nesting on the Project Site, the Applicant will coordinate with the USFWS Migratory Bird Program. Communication towers are some of the tallest structures found across the landscape. Bald eagles have adapted to utilizing these manmade structures for nesting and for perching. The USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable to benefit bird resources in the Project area. If any birds, including bald eagles, are nesting on the tower and maintenance activities are required, the Applicant will contact the USFWS for permits, recommendations, and requirements. The Applicant will schedule construction and maintenance activities around the nesting and activity schedule of protected birds including the bald eagle to the extent practicable. The Applicant may consider installation of a bird nest exclusion device on the tower if occurrence by nesting birds creates a safety hazard or operational conflict. Page 88 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 25 7.0 SUMMARY Desktop review and field surveys were completed for the Project in accordance with agency protocols and as otherwise discussed in coordination with the USFWS FESFO. As a result of these efforts, federally listed species were identified on or near the Project. The Applicant has proposed appropriate conservation measures to avoid and/or minimize incidental take of listed species to the extent practicable and has provided within this report an analysis of direct, indirect, and cumulative impacts and justification for the appropriate effect determinations in accordance with ESA obligations (Table 7.0-1). Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Scientific Name Common Name Effect Determination Eumops floridanus Florida Bonneted Bat May affect, not likely to adversely affect. Puma concolor coryi Florida Panther May affect, not likely to adversely affect. Caracara plancus Crested Caracara May affect, not likely to adversely affect. Laterallus jamaicensis Eastern Black Rail No effect. Rostrhamus sociabilis Snail Kite May affect, not likely to adversely affect. Dryobates borealis Red-cockaded Woodpecker No effect. Drymarchon couperi Eastern Indigo Snake May affect, not likely to adversely affect. The Project overlaps proposed CH Unit 6 for the FBB. In total, there are 1,174,011 acres in 13 Florida counties included in the proposed CH designation by USFWS. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties that is considered to be occupied by the species. The Project will convert a total of 0.12 acres of disturbed grassland for the tower compound which does not provide critical habitat features for the FBB. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and in the entire extent of CH for the FBB within its range. For this reason, FBB CH will not reasonably be destroyed or adversely modified as a result of the Project. No other CH designations overlap the Project Site. The Applicant will implement BMPs to benefit migratory birds and bald eagles in the Project area to the extent practicable using the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021) (Appendix E). Population level impacts to BCC species within the region are not expected to be significant. No bald eagles are known to nest within 660 feet of the Project Site and Project activities will occur primarily during the non-breeding season for the species; therefore, disturbance to bald eagles, their nests, or young is not reasonably expected to occur and further coordination with the USFWS Migratory Bird Program regarding BGEPA compliance is not warranted at this time. Page 89 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 26 8.0 REFERENCES Audubon. 2023. Audubon Florida. Eagle Watch Nest Locator Map. Accessed December 2023. https://cbop.audubon.org/conservation/about-eaglewatch-program?_gl=1*1hztqld*_ga*MTIzMjMyMjE5Ny4xNjc4MTM4NDAy*_ga_X2XNL2MWTT*MTcwMjkxNDYyNC40OC4xLjE3MDI5MTQ4NjUuMjAuMC4w Audubon. n.d. Important Bird Areas. Public Mapping Tool. Accessed December 2023. https://www.audubon.org/important-bird-areas Avian Knowledge Network. 2023. Beneficial Practices. Available online: https://avianknowledge.net/index.php/beneficial-practices/ Bat Conservation International. 2023. Bats in Homes and Buildings. Web page. https://www.batcon.org/about-bats/bats-in-homes-buildings/ Collier County. 2023. Property Appraiser. GIS Maps. https://www.collierappraiser.com/ Cornell Lab of Ornithology. 2023. eBird. Maps. Explore by Species. Accessed December 2023. https://ebird.org/map Eddleman, W. R., R. E. Flores, and M. Legare (2020). Black Rail (Laterallus jamaicensis), version 1.0. In Birds of the World (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bow.blkrai.01 Enge, Kevin. Personal Communication. Email. August 8, 2023. Federal Register. 2022a. Volume 87. Number 224. November 22, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Endangered Florida Bonneted Bat. Revised Proposed Rule. 71466-71501. Federal Register. 2022b. Volume 87. Number 198. October 14, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover). Proposed Rule. 62564-62611. Federal Register. 2020. Volume 85. Number 196. October 8, 2020. Endangered and Threatened Wildlife and Plants; Threatened Species Status for Eastern Black Rail With a Section 4(d) Rule. Final Rule. 63764-63803. Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2023. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ Page 90 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 27 FWC-FWRI. 2023a. Florida Panther Mortality. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-mortality/explore?location=25.884257%2C-81.270882%2C14.83 FWC-FWRI. 2023a. Florida Panther Telemetry. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-telemetry/explore FWC-FWRI. 2008. Eastern Indigo Snake locations. GIS data. FWC-FWRI. 2005. Red Cockaded Woodpecker Locations. GIS data. Krysko, K.L., K.M. Enge, and P.E. Moler. 2019. Amphibians and Reptiles of Florida. University of Florida Press. Gainesville, Florida. Morrison, J. L. and J. F. Dwyer. 2023. Crested Caracara (Caracara plancus), version 1.1. In Birds of the World (N. D. Sly, Editor). Cornell Lab of Ornithology, Ithaca, New York. https://doi.org/10.2173/bow.y00678.01.1 USDA-NRCS. 2023. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx U.S. Fish and Wildlife Service (USFWS). 2023a. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2023b. Critical Habitat for Threatened and Endangered Species. Web Mapping Tool. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77 USFWS. 2022a. Environmental Conservation Online System (ECOS). Accessed November 2023. https://ecos.fws.gov/ecp/ USFWS. 2022b. Four Everglades Plants Proposed Critical Habitat. Frequently Asked Questions. Web Page. https://www.fws.gov/story/2022-10/faq-proposed-critical-habitat-4-everglades-plants USFWS. 2022c. Standard Protection Measures for the Eastern Indigo Snake. https://www.fws.gov/story/eastern-indigo-snake-conservation USFWS. 2021a. Birds of Conservation Concern 2021. Migratory Bird Program. Available online: https://www.fws.gov/sites/default/files/documents/birds-of-conservation-concern-2021.pdf USFWS. 2021b. Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning. Migratory Bird Program. Page 91 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 28 Falls Church, Virginia. USFWS. 2019a. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. USFWS. 2019b. Species Status Assessment Report for the Eastern Black Rail (Laterallus jamaicensis jamaicensis). Version 1.3. Southeast Region. Atlanta, Georgia. USFWS. 2017. Consultation Key for the Eastern Indigo Snake – Revised. Letter to the U.S. Army Corps of Engineers. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2007a. National Bald Eagle Management Guidelines. Available online: https://www.fws.gov/media/national-bald-eagle-management-guidelines USFWS. 2007b. Panther Effect Determination Key. Letter to the U.S. Army Corps of Engineers dated February 19, 2007. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2004a. Species Conservation Guidelines South Florida. Red-cockaded Woodpecker. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2004b. Species Conservation Guidelines South Florida. Audubon’s Crested Caracara. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2003. Red-cockaded Woodpecker South Florida Survey Protocol. Adapted from Service 2003. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. n.d. Snail Kite Survey Guidelines. Florida Ecological Services Field Office. Gainesville, Florida. USFWS-NMFS. 1998. Endangered Species Consultation Handbook. Available online: https://media.fisheries.noaa.gov/dam-migration/esa_section7_handbook_1998_opr5.pdf Page 92 of 886 FIGURES Page 93 of 886 12/15/2023 10:27 AM Sources: ESRI, 2022; EcoWild Consulting Group, 2023±0 0.5 1 Miles Figure 1 Location Map Carnestown Tower Collier County, Florida Project Boundary Le ft HandTurne r R i v e r Le ft HandTurne r R i v e r Collier County £¤41 Everglades National Park Big Cypress National Preserve Big Cypress Wildlife Management Area Tami a m i T r a i l Burns RoadBirdon RoadTurner River RoadPage 94 of 886 D:\UNash_Local\Personal\EW_CarnestownTower\CarnestownTower_Soils.aprx 12/15/2023 10:59 AM ± Sources: USDA, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 25 50 FeetCarnestown Tower Collier County, Florida Figure 2 Soils Project Boundary Work Area Hydric Soil 2 2 Symbol Description Hydric Work Area Acres Outside Work Area Acres 2 Biscayne-Rock outcrop complex, 0 to 1 percent slopes, frequently flooded Yes 0.20 0.74 Page 95 of 886 D:\UNash_Local\Personal\EW_CarnestownTower\CarnestownTower_LULC.aprx 12/15/2023 11:19 AM ± Sources: SFWMD, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 25 50 FeetCarnestown Tower Collier County, Florida Figure 3 Land Use/Land Cover Project Boundary Work Area Land Use/Land Cover & CLC Land Cover 118/2112 118/2112 FLUCCS FLUCCS Description CLC CLC Land Cover Work Area Acres Outside Work Area Acres 118 Rural Residential 2112 Mixed Scrub- Shrub Wetland 0.20 0.74 Page 96 of 886 12/15/2023 11:46 AM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 3 6 MilesCarnestown Tower Collier County, Florida Figure 4 Florida Bonneted Bat Desktop Evaluation Project Boundary Florida Bonneted Bat Consulatation Area Florida Bonneted Bat Critical Habitat SITE Page 97 of 886 12/15/2023 12:05 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1,000 2,000 FeetCarnestown Tower Collier County, Florida Figure 5 Florida Panther Desktop Evaluation Project Boundary Florida Panther Focus Area Primary Florida Panther Telemetry £¤41 Tami a m i T r a i lBass Lake RoadBirdon RoadTurner River RoadSITE Page 98 of 886 12/19/2023 7:21 AM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1,000 2,000 FeetCarnestown Tower Collier County, Florida Figure 6 Florida Panther Mortality Desktop Evaluation Project Boundary Florida Panther Focus Area Primary Florida Panther Mortality £¤41 Tami a m i T r a i lBass Lake RoadBirdon RoadTurner River RoadSITE Page 99 of 886 12/15/2023 12:10 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 750 1,500 FeetCarnestown Tower Collier County, Florida Figure 7 Crested Caracara Desktop Evaluation Project Boundary Crested Caracara Consultation Area Site Buffer (1500 m) £¤41 Tami a m i T r a i lDonaDriveBirdon RoadBass Lake RoadTurner River RoadSITE Page 100 of 886 12/15/2023 7:54 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 750 1,500 FeetCarnestown Tower Collier County, Florida Figure 8 Everglades Snail Kite Desktop Evaluation Project Boundary Everglades Snail Kite Consultation Area Site Buffer (500 ft) £¤41 Tami a m i T r a i lDonaDriveBirdon RoadBass Lake RoadTurner River RoadSITE Page 101 of 886 12/15/2023 12:36 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 0.5 1 Miles Figure 9 Red-cockaded Woodpecker Desktop Evaluation Carnestown Tower Collier County, Florida Project Boundary Site Buffer (0.5 miles) Red-cockaded Woodpecker Observation Red-cockaded Woodpecker Consultation Area £¤41 Tami a m i T r a i lBirdon RoadTurner River RoadSITE Page 102 of 886 12/15/2023 12:21 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 1 2 MilesCarnestown Tower Collier County, Florida Figure 10 Indigo Snake Desktop Evaluation Project Boundary Indigo Snake Observation £¤41 Tami a m i T r a i l Wagon Wheel Road BirdonRoadWest J J a n e s Memorial S c e n i c D r i v e Loop RoadTurner River RoadWil d ern e s s Water w a y SITE 1980 2005 Page 103 of 886 12/15/2023 12:51 PM ± Sources: USFWS, 2023; FDOT Imagery, 2020; EcoWild Consulting Group, 2023 0 2,000 4,000 US FeetCarnestown Tower Collier County, Florida Figure 11 Bald Eagle Nest Desktop Evaluation Project Boundary !P Bald Eagle Nest Site Buffer (660 ft) !P !P £¤41 Tami a m i T r a i lBirdon RoadTurner River RoadSITE CO012 CO044 Page 104 of 886 APPENDIX A Page 105 of 886 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 106 of 886 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 107 of 886 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 108 of 886 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 109 of 886 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 110 of 886 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 111 of 886 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 112 of 886 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 113 of 886 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 114 of 886 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 115 of 886 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 116 of 886 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 117 of 886 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 118 of 886 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 119 of 886 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 120 of 886 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 121 of 886 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 122 of 886 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 123 of 886 Page 124 of 886 Page 125 of 886 From:Colleen Reilly To:Sneckenberger, Sandra Subject:Carnestown Tower (Collier County) Date:Monday, August 21, 2023 11:21:00 AM Attachments:image001.png CARNESTOWN Rev 3 LE_060623.pdf Tower Site.kmzHi Sandra, Please see attached for a site plan associated with the Carnestown communication towerproject located at the site of the Ochopee Fire Station on US41 in Collier County. Theowner of this tower will be the Florida Department of Management Services and thetower will be used for public safety communication. It is understood that this project wasdetermined to be outside of the scope of the Communication Tower Projects keyprovided by the USFWS. The Project Code from the official species list is: 2023-0092905. Do you have a few minutes available this week to discuss the field efforts that may bewarranted for the Florida bonneted bat? The project is in proposed critical habitat for the species and the self-support towerstructure will be approximately 350 feet in height. No land clearing is proposed as part ofthe construction, and I am told that the temporary workspaces will only include theexisting asphalt drives. It looks like there are some mature native trees near the workareas. I am planning to visit the site in the next week or two and want to ensure we collect theinformation needed to evaluate potential impacts to the FBB. I appreciate the chance tocoordinate with you in advance considering the unique project and location. Thank you,Colleen Colleen M. Reilly PrincipalEcoWild Consulting GroupTampa, Florida(813) 410-1713 Page 126 of 886 APPENDIX B Page 127 of 886 SUBMITTALS NOT TO SCALE COMPOUND LAYOUT N SHEET 1 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 128 of 886 NOT TO SCALE ELEVATION VIEW SUBMITTALS SHEET 2 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 129 of 886 APPENDIX C Page 130 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 1. Fire Control Building. Page 131 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 2. Representative Habitat (1). Page 132 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 3. Representative Habitat (2). Page 133 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 4. Representative Habitat (3). Page 134 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 5. Representative Habitat (Adjacent Buffer) (1). Page 135 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 6. Representative Habitat (Adjacent Buffer) (2). Page 136 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 7. Representative Habitat (Adjacent Buffer) (3). Page 137 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 8. Representative Habitat (Adjacent Buffer) (4). Page 138 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 9. Representative Habitat (Adjacent Buffer) (5). Page 139 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 10. Representative Habitat (Adjacent Buffer) (6). Page 140 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 11. Representative Habitat (Canal). Page 141 of 886 APPENDIX D Page 142 of 886 ATLAS TECHNICAL ASSISTANT CONSULTANTS, LLC CARNESTOWN X601 NEW COMMUNICATION TOWER PROJECT COLLIER COUNTY, FLORIDA FLORIDA BONNETED BAT SURVEY REPORT DECEMBER 2023 Prepared for: U.S. Fish and Wildlife Service Florida Ecological Services Field Office 777 37th Street, Suite D-101 Vero Beach, Florida 32960 Prepared by: EcoWild Consulting Group, LLC 4425 West Pearl Avenue Tampa, Florida 33611 Page 143 of 886 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code: 2023-0092905 i DOCUMENT CERTIFICATION This report, data collection, and final results have been performed under the supervision and reviewed by the persons named below. Signature December 20, 2023 Date Colleen M. Reilly Principal/Technical Director EcoWild Consulting Group, LLC (813) 410-1713 creilly@ecowildconsulting.com Page 144 of 886 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 iii TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 3 2.0 BACKGROUND 4 3.0 ECOLOGICAL CONDITIONS 5 4.0 METHODOLOGY 6 4.1 LIMITED ROOST SURVEY 6 4.2 ACOUSTIC SURVEY 6 4.3 DATA ANALYSIS 7 5.0 RESULTS 9 5.1 LIMITED ROOST SURVEY 9 5.2 ACOUSTIC SURVEY 9 5.3 DATA ANALYSIS 10 6.0 CONCLUSION 12 7.0 REFERENCES 13 LIST OF TABLES Table 3.0-1. Land Cover Summary for the Carnestown X601 Survey Area. Table 5.2-1. Acoustic Survey Summary for the Carnestown X601 Project. Table 5.3-1. Summary of KPro Auto-Identification for the Carnestown X601 Project. Table 5.3-2. Summary of Manual FBB Identification for the Carnestown X601 Project. LIST OF FIGURES Figure 1. Project Location Map Figure 2. Florida Bonneted Bat Consultation Area and Critical Habitat Map Figure 3. Land Use/Land Cover Map Figure 4. Florida Bonneted Bat Survey Map Page 145 of 886 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 iii APPENDICES APPENDIX A – Compound Layout and Elevation View for Carnestown X601 APPENDIX B – USFWS Correspondence APPENDIX C – Site Photographs APPENDIX D – NOAA Weather Data APPENDIX E – KPro Data Tables (Valid Nights)APPENDIX F – Screen Capture of KPro Sonogram for FBB Identification Page 146 of 886 Carnestown X601 Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 2 1.0 INTRODUCTION EcoWild Consulting Group, LLC (EcoWild) was contracted by Atlas Technical Consultants, LLC (Atlas) to conduct a field survey to determine the presence or probable absence of the endangered Florida bonneted bat (FBB) (Eumops floridanus) at the location of a proposed communication tower (Project Site) referred to as Carnestown X601 in Collier County, Florida. For purposes of this survey, the Project Site (±0.98 acres) is described based on the estimated construction area that includes the new tower footprint and temporary work areas. The Project Site is located on the south side of Tamiami Trail East (US Highway 41/State Road 90), approximately 5.3 miles east of County Road 29 (Figure 1). The Project Site is under the ownership of Collier County Board of County Commissioners at the location of Ochopee Fire Control Station 66. The Project Site is situated within the designated Consultation Area for the FBB and within proposed Critical Habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 2). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the U.S. Fish and Wildlife Service (USFWS) Florida Ecological Services Field Office (FESFO) as described in Section 2.0. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts near the project activity. Results from these surveys will be included in the Biological Assessment (BA) to support coordination with the USFWS and determine project effects to the species as part of the Section 7 review for Carnestown X601 under the Endangered Species Act (ESA) (Project Code 2023-0092905). Page 147 of 886 Carnestown X601 Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 2 2.0 BACKGROUND Carnestown X601 is a new communication tower (i.e., 350-foot-tall, self-supporting structure) that will replace a nearby tower that is being decommissioned. The new tower is needed to provide public safety communications. The owner and operator of the tower shall be the State of Florida. Construction of the tower is scheduled to start within the next 6 months and anticipated to last for a duration of 3-5 months. The compound layout and elevation view for Carnestown X601 are provided in Appendix A. Atlas obtained an Official Species List from the USFWS FESFO via the Information for Planning and Consultation (IPaC) tool on June 13, 2023 (Project Code 2023-0092905) (Appendix B). The FBB was identified as a potentially occurring species and FBB Proposed CH was identified as occurring within the Project Site. The Florida Bonneted Bat Consultation Guidelines (USFWS 2019) were provided as part of the environmental review process. Because the Project Site is located within the Consultation Area for the FBB, the USFWS ESA Determination Key for Clearance to Proceed with Communication Tower Projects in Florida is not applicable (Appendix B). Therefore, project-level consultation is required between the Federal Communication Commission (FCC) and the USFWS regarding listed species impacts, including those to the FBB, as a result of the proposed activity. On behalf of Atlas, EcoWild contacted staff from the USFWS FESFO to determine the appropriate level of survey for the FBB on the Project Site. The USFWS (i.e., Ms. Sandra Sneckenberger) was contacted via email by EcoWild on August 21, 2023 (Appendix B) and a subsequent phone conversation occurred on September 6, 2023 between EcoWild (i.e., Ms. Colleen Reilly) and Ms. Sneckenberger. Through this coordination and a discussion of the project location, available habitats, and the proposed activity, it was determined that a combination of a limited roost survey on the Project Site and a 250-foot buffer (Survey Area) and an acoustic survey should provide the information needed regarding FBB presence and use of the Project Site to evaluate the project under the ESA. Page 148 of 886 Carnestown X601 Florida Bonneted Bat Survey Report Collier County, Florida Project Code2023-0092905 3 3.0 ECOLOGICAL CONDITIONS Habitats within the FBB Survey Area (±11.48 acres) were assigned a land use classification in accordance with the Florida Fish and Wildlife Conservation Commission (FWC) and Florida Natural Area Inventory (FNAI) Cooperative Land Cover (CLC) (FWC-FNAI 2022) (Figure 3, Table 3.0-1). Representative habitat photographs are provided in Appendix C. The majority of habitats within the Project Site (±0.98 acres) are mapped as Mixed Scrub-Shrub Wetland (2112) and Transportation (1840); however, habitats found on the Project Site as described in the field primarily consist of open, overgrown grassy and weedy vegetation situated around a metal fire building with two paved entry/exit ways and parking area. The fire control building is not actively in use and is being utilized for storage. Debris and other trash items were observed on the ground. A few cabbage palm trees are present on the Project Site, and an area of herbaceous wetland marsh is situated between the paved entryways along Tamiami Trail East. The majority of habitats within the 250-foot buffer (±10.50 acres) of the Project Site are mapped as forested/shrub wetlands (2112, 2210, 2211, 2240). On the south side of Tamiami Trail East, the buffer consists of cypress swamp with occasional native hardwoods and melaleuca trees, in addition to areas of shrub swamp that are dominated by dahoon holly. Grasses dominated the understory. Occasional native pine trees and Brazilian pepper shrubs are present along the outer edges of the swamp at the edge of the Project Site. On the north side of Tamiami Trail East, the buffer area consists of a large canal and cypress swamp. Table 3.0-1 Land Cover Summary for the Carnestown X601 Survey Area. Code Description 250-ft Buffer Project Site Total Acres Acres Percent Acres Percent 2112 Mixed Scrub-Shrub Wetland 3.80 36.19 0.89 90.82 4.69 2210 Cypress/Tupelo (Cypress/Tupelo mixed) 1.53 14.57 0.00 0.00 1.53 2211 Cypress 2.15 20.48 0.00 0.00 2.15 2240 Mixed Hardwood-Coniferous Swamps 1.91 18.19 0.00 0.00 1.91 4210 Canal 0.03 0.29 0.00 0.00 0.03 22322 Prairie Hydric Hammock 0.05 0.48 0.00 0.00 0.05 1840 Transportation 1.03 9.81 0.09 9.18 1.12 TOTAL 10.50 100.00 0.98 100.00 11.48 Page 149 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 4.0 METHODOLOGY A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS as further described below. 4.1 LIMITED ROOST SURVEY EcoWild conducted a pedestrian survey to determine the presence and location of any potentially suitable roosting structures for the FBB within the Project Site and a 250-foot buffer referred to collectively as the Survey Area (±11.48 acres). In accordance with the USFWS Florida Bonneted Bat Consultation Guidelines (2019), potentially suitable roosting structures included mature trees, snags, and manmade structures generally taller than 30 feet with a DBH of 8 inches or greater, that displayed cavities, crevices, hollows, loose bark, etc. occurring at least 15 feet above ground level. All habitats in the Survey Area were included in the pedestrian survey. Transects were adequately spaced to ensure all mature trees and snags were inspected. Biologists visually inspected the canopy for potential roost areas and utilized binoculars and cameras with zoom lenses to examine the structures. If potential roost areas were identified, the structure type, roost area type (e.g., cavity, hollow, loose bark, etc.), and roost area height were documented. Biologists also searched for evidence of bat usage at the structures (e.g., guano, staining, audible sound, etc.). GPS coordinates were recorded, and photographs were obtained of the structures, potential roost areas, and surrounding habitats. EcoWild then visually inspected each identified roost area using a video “peeper” camera that extended up to 35 feet on a fiberglass pole to ensure all contents of the roost area were viewed. All visual inspections occurred during daylight hours. EcoWild obtained video and/or still photos of each roost area to assist with identification by species and estimate number of individuals (if present). 4.2 ACOUSTIC SURVEY EcoWild conducted an acoustic survey on the Project Site in accordance with the guidance obtained from the USFWS FESFO during a phone call on September 6, 2023 and using methods outlined in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). Through coordination it was determined that 1 detector deployed for 9-10 valid nights of survey was an appropriate level of survey effort to determine the level of FBB activity that may occur on or near the Project Site. Final placement for the detector was determined in the field during the limited roost survey effort and was based on habitat suitability, access availability, and security of the equipment. EcoWild collected pertinent habitat data and Page 150 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 collected photographs to document current conditions in the area of the deployed acoustic detector. The acoustic survey was conducted using a Song Meter (SM4BATFS [Full Spectrum]) ultrasonic recorder equipped with high frequency microphone (SMM-U2) (Wildlife Acoustics, Inc.) mounted approximately 10 feet above ground level. The detector was calibrated and programmed to record 30 minutes prior to sunset until 30 minutes after sunrise each day and to trigger for data collection at low frequency (7 kHz). EcoWild monitored hourly weather conditions on a daily basis for the duration of the deployment by referencing the nearest available NOAA weather station (i.e., Southwest Florida International Airport Station [KRSW]) to provide assurances that data collected during acceptable weather conditions (i.e., “valid night”) as specified in Florida Bonneted Bat Consultation Guidelines (USFWS 2019) were used for analyses and reporting. Once the required valid nights of data were collected, EcoWild removed the detector from the Project Site. 4.3 DATA ANALYSIS All acoustic data were downloaded and processed using Kaleidoscope Pro (KPro) software (Kaleidoscope Pro version 5.6.3). KPro extracts parameters including the frequency, time, and slope components of each pulse to help filter out calls by the targeted species. As part of the auto-identification processing each pulse is assigned to a species, and species-level identifications are based on the most frequently identified species. In accordance with the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023), 10 classifiers were included in the analysis representing the following species that may within the distribution of the FBB in Collier County: Rafinesque’s big-eared bat (Corynorhinus rafinesquii), big brown bat (Eptesicus fuscus), FBB, eastern red bat/seminole bat (Lasiurus borealis/L. seminolus), northern yellow bat (L. intermedius), Pallas’s mastiff bat (Molossus molossus), southeastern myotis (Myotis austroriparius), evening bat (Nycticeius humeralis), Tricolored bat (Perimyotis subflavus), and Mexican free-tailed bat (Tadarida brasiliensis). Minimum number of identifying pulses was set at “2” with a classifier setting of “0” or “Balanced (Neutral)” for analysis in KPro. The Bats of North America 5.4.0 classifier package was used allowing calls to be classified to the species level based on the greatest percentage of the call sequence classified as a single species. Low-frequency call files and noise files were then visually and audibly examined. Methods used for qualitative vetting of the calls include identification to species by focusing on morphological call characteristics such as frequency, slope, duration, and intensity in addition to listening to calls at normal and reduced speeds. If KPro identified detections for FBB (i.e., low frequency [≤20 kHz] call sequence commonly associated with the species), each call was examined to determine if classification was correct and/or then manually re-classified, when possible, as another species (e.g., TADBRA) or noise (e.g., avian noise). This review was done for all low frequency calls (≤20 kHz) including calls that were classified by Page 151 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 KPro as other bat species to ensure no FBB calls were misclassified by KPro. Because detectors may record ambient noise that can be misread as bats, these calls were also reviewed to confirm whether they were false positives. Specific data sets were reviewed for any FBB detections (i.e., reviewing calls collected during certain periods of date/time around positive FBB detection) to ensure proper identification and that other FBB calls were not classified by KPro as another species, noise, or with no ID. Page 152 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 5.0 RESULTS Results from the combination FBB survey effort are provided below. Results confirm some FBB activity on the Project Site but do not indicate roosting in likely on the Project Site or in the immediate vicinity. 5.1 LIMITED ROOST SURVEY EcoWild conducted the pedestrian survey and visual inspection of potential roost areas over 2 field days on October 11, 2023 and October 28, 2023. Representative photographs are provided in Appendix C. Three (3) potentially suitable roosting structures were recorded in the Survey Area (Figure 4). This included 2 dead trees/snags (i.e., “PR2” [pine] and “PR1” [maple]) and 1 metal building (i.e., “PR3”) that is just under 15 feet in total height along the edges and estimated at 15 feet at the center. Potential roost areas for the FBB included cavities, loose bark, and other open areas that extended 15 feet (or greater) in height in addition to open gaps or structural voids associated with the onsite building. All roost areas identified within the Survey Area were adequately viewed with binoculars and using a video “peeper” camera. Images and footage were viewed both in the field and on a computer screen to ensure adequate review. No FBB (or other bats) were found occupying any of the structures and no other evidence of FBB (or other bat) usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures identified within the Survey Area were considered to have a low to moderate probability of supporting the FBB, based on their physical condition, but were visually inspected as part of a conservative survey effort to detect FBB roosting considering known occurrences of the species in the general vicinity. A pileated woodpecker (Dryocopus pileatus) was observed in association with PR1, but no avian nest sites were identified at PR1 at the time of visual inspection. 5.2 ACOUSTIC SURVEY EcoWild deployed 1 detector (“CT-1”) on the Project Site on October 11, 2023 for 10 survey nights (Figure 4). Detector placement was determined in the field based on conditions (i.e., prioritizing areas with limited acoustic clutter, near potential roosting habitat, and considering visibility/security of equipment). Valid nights of survey were determined using the weather data from the Southwest Florida International Airport Station [KRSW] (Appendix D). Examination of the summary log file(s) indicated that the detector functioned as programmed (i.e., no unusual occurrences) and the detector was removed from the Page 153 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 Project Site on October 28, 2023. Location information and valid nights of the acoustic survey are provided below in Table 5.2-1. Table 5.2-1 Acoustic Survey Summary for the Carnestown X601 Project. Valid Nights Detector ID Sampling Location Habitat Latitude Longitude 10/11/2023 10/14/2023 10/15/2023 10/18/2023 10/19/2023 10/20/2023 10/21/2023 10/22/2023 10/23/2023 10/26/2023 CT-1 25.89506 81.28128 Open habitat on the Project Site near the southeastern forested edge where potential roosting habitat (i.e., mature pines, cabbage palms, and abandoned building) are in the vicinity. 5.3 DATA ANALYSIS A total of 6,075 files were collected during the valid nights of survey at CT-1. Based on the KPro analysis of species identification, 9 of 10 potentially occurring species were identified during the survey (Table 5.3-1, Appendix E). The majority of calls were classified by KPro as noise (n=3,111) or as one of two common bat species: Mexican free-tailed bat (n=1,010) and the evening bat (n=805). Of the total recorded calls, 13 were identified as FBB based on low frequencies (<20kHz) and call sequences. Table 5.3-1 Summary of KPro File Identification for the Carnestown X601 Project. SITE CORRAF* EPTFUS EUMFLO LABOLASE* LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRA Noise NO ID TOTAL CT-1 0 126 13 23 203 14 1 850 205 1,010 3,111 519 6,075 CORRAF* = Rafinesque’s big-eared bat (Corynorhinus rafinesquii), EPTFUS = big brown bat (Eptesicus fuscus), EUMFLO = Florida bonneted bat (Eumops floridanus), LABOLASE* = eastern red bat/seminole bat (Lasiurus borealis/L. seminolus), LASINT = northern yellow bat (L. intermedius), MOLMOL = Pallas’s mastiff bat (Molossus molossus), MYOAUS = southeastern myotis (Myotis austroriparius), NYCHUM = evening bat (Nycticeius humeralis), PERSB = Tricolored bat (Perimyotis subflavus), and TADBRA = Mexican free-tailed bat (Tadarida brasiliensis). *Species ID changed manually for reporting purposes based on USFWS 2023 guidance. Electronic survey data have been provided to USFWS as part of the Section 7 consultation process in accordance with the guidance provided in the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023). Page 154 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 The manual review of low frequency data by EcoWild resulted in reclassification of 10 of the total calls that were identified as FBB by KPro with a correct identification as being avian (n=4) or TADBRA (n=6) (Appendix E). Three (3) of the 13 calls identified by KPro as FBB during the valid nights of survey are determined to be representative of the FBB and confirm FBB activity on the Project Site (Appendix E). A summary of the FBB calls identified during the survey are provided below in Table 5.3-2. A copy of the sonograms as viewed in KPro (normal and compressed views) are provided in Appendix F. Table 5.3-2 Summary of Manual FBB Identification for the Carnestown X601 Project. SITE IN FILE DATE TIME AUTO ID MATCH RATIO MANUAL ID CT-1 CT1_20231026_214226_000.wav 10/26/2023 21:42:26 EUMFLO 1 EUMFLO CT-1 CT1_20231011_204931_000.wav 10/11/2023 20:49:31 EUMFLO 1 EUMFLO CT-1 CT1_20231011_204940_000.wav 10/11/2023 20:49:40 EUMFLO 1 EUMFLO If FBB feeding buzzes, social calls, or 9 or more calls are recorded in one night, results indicate that a survey area is actively used and important to the FBB. However, based on the number and type of FBB calls confirmed during the survey it is determined that while bats are using the Project Site, collected data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). According to the USFWS, roosting is likely occurring if FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset or within 1.5 hours before sunrise and if emergence calls are recorded. The type of FBB calls identified and the date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site (i.e., sunset was at 7:02 PM on 10/11/23 and sunset was at 6:48 PM on 10/26/23). Page 155 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 6.0 CONCLUSION A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in coordination with guidance from staff from the USFWS ESFO. The purpose of the surveys was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts near the project activity to support evaluation under the ESA. EcoWild conducted a limited roost survey and acoustic survey on the Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey, 3 potentially suitable roosting structures were recorded in the Survey Area. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures identified within the Survey Area were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the valid nights of acoustic survey. The majority of calls were classified by KPro as noise or as one of two common bat species: Mexican free-tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz) and call sequences. Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some activity on the Project Site by the species. Based on the number and type of FBB calls confirmed during the survey, it is determined that, while bats are using the Project Site, collected data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. According to the USFWS (2019), determining the likelihood of roosting is challenging, but the results from the combination surveys do not indicate FBB are roosting on the Project Site or in the immediate vicinity. Electronic survey data will be provided to USFWS as part of the Section 7 consultation process in accordance with the guidance provided in the Florida Bonneted Bat Regulatory Survey Data Submission Protocol (KPro) (USFWS 2023). Results from these surveys will be included in the Biological Assessment (BA) to support coordination with the USFWS and to determine effects to the species as part of the Section 7 review for Carnestown X601 under the ESA. Page 156 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 8 7.0 REFERENCES Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2022. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ National Oceanic and Atmospheric Administration (NOAA). 2023. Climate Data Online. National Centers for Environmental Information. https://www.ncdc.noaa.gov/cdo-web/ U.S. Fish and Wildlife Service (USFWS). 2023. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2019. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. Page 157 of 886 FIGURES Page 158 of 886 ^Tower Site Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community 0 1 2 3 40.5 Miles Figure 1 - Location Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend ^Project Location Page 159 of 886 ^Tower Site Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 6 12 18 243Miles Figure 2 - Florida Bonneted Bat Consultation Area and Critical Habitat Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend ^Project Location Florida Bonneted Bat - Proposed Critical Habitat Florida Bonneted Bat Consultation Area Page 160 of 886 2112 2240 2210 2211 1840 2211 2112 22322 2211 4210 22322 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.015 0.03 0.045 0.060.0075 Miles Figure 3 - Land Use/Land Cover Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend Approximate Project Area (±0.98 ac.) 250' Buffer Area (±10.50 ac.) Habitat Descriptions (Buffer Area/Project Area) 1840 - Transportation (±1.03 ac/±0.09 ac.) 2112 - Mixed Scrub-Shrub Wetland (±3.80 ac./±0.89 ac.) 2210 - Cypress/Tupelo (Cypress/Tupelo mixed) (±1.53 ac./±0.00 ac.) 2211 - Cypress (±2.15 ac./±0.00 ac.) 2240 - Mixed Hardwood-Coniferous Swamps (±1.91 ac./±0.00 ac.) 4210 - Canal (±0.03 ac./±0.00 ac.) 22322 - Prairie Hydric Hammock (±0.05 ac./±0.00 ac.) Page 161 of 886 !. !. !. %2 PR-3 PR-2 PR-1 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community 0 0.015 0.03 0.045 0.060.0075 Miles Figure 4 - FBB Survey Map Carnestown (X601) Tower Site EcoWild Consulting Group Collier County, Florida J Legend Approximate Project Area (±0.98 ac.) 250' Buffer Area (±10.50 ac.) %2 Acoustic Detector Location !.Potential Roost Sites (3) Page 162 of 886 APPENDIX A Page 163 of 886 SUBMITTALS NOT TO SCALE COMPOUND LAYOUT N SHEET 1 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 164 of 886 NOT TO SCALE ELEVATION VIEW SUBMITTALS SHEET 2 OF 2 LEASE EXHIBIT 05/10/23 HARRIS CARNESTOWN KCI JOB# 012300219K REV 1 LE 05/12/23 REV 2 LE 05/17/23 REV 3 LE 06/06/23 Page 165 of 886 APPENDIX B Page 166 of 886 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 167 of 886 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 168 of 886 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 169 of 886 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 170 of 886 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 171 of 886 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 172 of 886 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 173 of 886 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 174 of 886 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 175 of 886 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 176 of 886 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 177 of 886 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 178 of 886 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 179 of 886 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 180 of 886 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 181 of 886 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 182 of 886 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 183 of 886 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 184 of 886 Page 185 of 886 Page 186 of 886 From:Colleen Reilly To:Sneckenberger, Sandra Subject:Carnestown Tower (Collier County) Date:Monday, August 21, 2023 11:21:00 AM Attachments:image001.png CARNESTOWN Rev 3 LE_060623.pdf Tower Site.kmzHi Sandra, Please see attached for a site plan associated with the Carnestown communication towerproject located at the site of the Ochopee Fire Station on US41 in Collier County. Theowner of this tower will be the Florida Department of Management Services and thetower will be used for public safety communication. It is understood that this project wasdetermined to be outside of the scope of the Communication Tower Projects keyprovided by the USFWS. The Project Code from the official species list is: 2023-0092905. Do you have a few minutes available this week to discuss the field efforts that may bewarranted for the Florida bonneted bat? The project is in proposed critical habitat for the species and the self-support towerstructure will be approximately 350 feet in height. No land clearing is proposed as part ofthe construction, and I am told that the temporary workspaces will only include theexisting asphalt drives. It looks like there are some mature native trees near the workareas. I am planning to visit the site in the next week or two and want to ensure we collect theinformation needed to evaluate potential impacts to the FBB. I appreciate the chance tocoordinate with you in advance considering the unique project and location. Thank you,Colleen Colleen M. Reilly PrincipalEcoWild Consulting GroupTampa, Florida(813) 410-1713 Page 187 of 886 APPENDIX C Page 188 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 1. Potential Roost 1 (1). Page 189 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 2. Potential Roost 1 (2). Page 190 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 3. Potential Roost 2. Page 191 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 4. Potential Roost 3 (1). Page 192 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 5. Potential Roost 3 (2). Page 193 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 6. Potential Roost 3 (3). Page 194 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 7. Potential Roost 3 (4). Page 195 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 8. Area of CT-1. Page 196 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 9. Representative Habitat (CT-1) (1). Page 197 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 10. Representative Habitat (CT-1) (2). Page 198 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 11. Representative Habitat (CT-1) (3). Page 199 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 12. Representative Habitat (Buffer) (1). Page 200 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 13. Representative Habitat (Buffer) (2). Page 201 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 14. Representative Habitat (Buffer) (3). Page 202 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 15. Representative Habitat (Buffer) (4). Page 203 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 16. Representative Habitat (Buffer) (5). Page 204 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 17. Representative Habitat (Buffer) (6). Page 205 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX C – SITE PHOTOGRAPHS Photograph 18. Representative Habitat (Buffer) (7). Page 206 of 886 APPENDIX D Page 207 of 886 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Daily Summary October 2023 Generated on 12/01/2023 Maximum Wind Speed = MPH Temperature (F) Degree Days (base 65F) Sun (LST)Weather Precipitation (in)Pressure (inHg)Wind Direction = Degrees D a t e Max Min Avg Dep ARH ADP AWB Heat Cool Rise Set Weather Type TLC Snow Fall Snow Depth Avg Stn Avg SL Avg Speed Peak Speed Peak Dir Sust. Speed Sust. Dir 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 01 91 75 83 2.0 0 18 0619 1814 TS RA FG BR 0.01 0.0 0 29.91 7.8 30 060 23 050 02 88 74 81 0.1 0 16 0620 1813 T 0.0 0 29.90 13.2 36 060 26 070 03 87 72 80 -0.7 0 15 0620 1811 BR HZ 0.00 0.0 0 29.90 11.5 29 060 22 050 04 90 72 81 0.4 0 16 0621 1810 T 0.0 0 29.88 10.0 26 060 21 050 05 91 73 82 1.6 0 17 0621 1809 0.00 0.0 0 29.86 6.8 16 090 12 080 06 91* 73 82 1.8 0 17 0622 1808 0.00 0.0 0 29.85 3.6 12 300 8 300 07 90 74 82 1.9 0 17 0622 1807 0.00 0.0 0 29.85 5.8 20 250 16 220 08 86 72 79 -0.9 0 14 0623 1806 0.00 0.0 0 29.83 5.1 21 350 14 350 09 81 69 75 -4.7 0 10 0623 1805 T 0.0 0 29.86 6.6 19 030 13 360 10 87 70 79 -0.5 0 14 0624 1804 0.00 0.0 0 29.85 5.7 15 070 12 070 11 89 74 82 2.7 0 17 0624 1803 RA 0.08 0.0 0 29.78 7.5 31 150 22 120 12 88 79 84 5.0 0 19 0625 1802 RA BR 0.61 0.0 0 29.71 17.8 42 210 30 220 13 85 78 82 3.2 0 17 0625 1801 TS RA FG BR 1.95 0.0 0 29.77 5.5 20 320 16 240 14 86 75 81 2.4 0 16 0626 1800 RA T 0.0 0 29.80 4.9 20 300 13 310 15 84 70 77 -1.3 0 12 0626 1759 T 0.0 0 29.77 5.0 28 300 16 310 16 77 62 70 -8.1 0 5 0627 1758 T 0.0 0 29.82 7.7 27 310 17 310 17 74 56 65 -12.8 0 0 0627 1757 0.00 0.0 0 29.98 7.8 23 350 15 350 18 80 56* 68 -9.6 0 3 0628 1756 0.00 0.0 0 30.03 5.6 20 080 13 060 19 83 63 73 -4.3 0 8 0628 1755 0.00 0.0 0 29.98 8.6 33 060 16 080 20 85 66 76 -1.1 0 11 0629 1754 0.00 0.0 0 29.85 4.6 18 300 12 290 21 87 67 77 0.2 0 12 0630 1753 0.00 0.0 0 29.86 4.0 19 320 14 230 22 83 66 75 -1.6 0 10 0630 1753 MIFG BR FG 0.00 0.0 0 29.93 2.2 9 310 7 250 23 87 64 76 -0.3 0 11 0631 1752 0.00 0.0 0 29.98 7.9 19 070 15 070 24 86 67 77 1.0 0 12 0631 1751 0.00 0.0 0 30.06 12.0 33 100 24 070 25 85 65 75 -0.8 0 10 0632 1750 0.00 0.0 0 30.06 12.1 35 070 26 060 26 87 67 77 1.5 0 12 0632 1749 0.00 0.0 0 30.04 11.7 30 060 23 070 27 86 66 76 0.7 0 11 0633 1748 0.00 0.0 0 30.05 11.0 29 070 23 070 28 86 68 77 2.0 0 12 0634 1748 0.00 0.0 0 30.03 11.3 29 040 23 070 29 87 67 77 2.2 0 12 0634 1747 0.00 0.0 0 29.96 10.8 28 080 22 070 30 89 68 79 4.5 0 14 0635 1746 0.00 0.0 0 29.86 5.9 16 090 12 070 31 88 70 79 4.7 0 14 0636 1745 0.00 0.0 0 29.83 5.6 17 340 12 310 85.9 69.0 77.5 Monthly Averages | Totals 2.64 29.90 29.92 7.8 -0.5 0.0 -0.2 Departure from Normal (1981-2010)-0.44s Degree Days Number of days with... Monthly Season-to-date Temperature Total Departure Total Departure Max Min Precipitation Snow Weather Heating 0 -2 0 >=90° <=32° <=32°<=0° >=0.01" >=0.1" >=1" T-Storms Heavy Fog Cooling 386 -9 4035 5 0 0 0 3s 2 0 2 1 Date of 5-sec to 3-sec wind equipment change Sea Level Pressure Greatest... Date Time 24-Hr... Maximum 30.13 27 0926 Precip Snowfall Snow Depth2009-02-09 Minimum 29.70 12 1600 1.98 Date 12-13 Station Augmentation Name:N/A Lat: N/A Lon: N/A Elevation: N/A Distance: N/A Elements: N/A Equipment: N/A Page 208 of 886 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Hourly Observations October 2023 Generated on 12/01/2023 Weather Type (see documentation)Dry Bulb Temp Wet Bulb Temp Dew Point TempD a t e Time (LST) Sta- tion Type Sky Conditions Visi- bility AU | AW | MW (F) (C) (F) (C) (F) (C) Rel Hum % Wind Spee d (MPH) Wind Dir (Deg) Wind Gusts (MPH) Station Press (inHg) Press . Tend Net 3- Hr Change (inHg) Sea Level Press . (inHg) Report Type Precip Total (in) Alti- meter Setting (inHg) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 11 0053 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 5 080 29.84 8 +0.03 29.85 FM-15 0.00 29.87 11 0153 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 5 080 29.81 29.83 FM-15 0.00 29.84 11 0253 7 CLR:00 10.00 75 23.9 74 23.3 73 22.8 94 3 070 29.81 29.83 FM-15 0.00 29.84 11 0353 7 CLR:00 10.00 75 23.9 74 23.3 74 23.3 96 3 020 29.80 6 +0.03 29.82 FM-15 0.00 29.83 11 0453 7 CLR:00 10.00 74 23.3 73 22.8 73 22.8 97 5 040 29.81 29.83 FM-15 0.00 29.84 11 0553 7 CLR:00 10.00 74 23.3 73 22.8 73 22.8 97 6 050 29.82 29.84 FM-15 0.00 29.85 11 0653 7 CLR:00 10.00 74 23.3 74 23.3 74 23.3 100 6 080 29.82 1 -0.02 29.84 FM-15 0.00 29.85 11 0753 7 CLR:00 10.00 77 25.0 76 24.4 75 23.9 94 8 110 29.84 29.86 FM-15 0.00 29.87 11 0853 7 CLR:00 10.00 82 27.8 77 25.0 75 23.9 79 8 110 29.85 29.88 FM-15 0.00 29.88 11 0953 7 CLR:00 10.00 84 28.9 78 25.6 75 23.9 74 14 130 29.85 0 -0.02 29.87 FM-15 0.00 29.88 11 1053 7 BKN:07 31 BKN:07 39 10.00 86 30.0 78 25.6 75 23.9 70 10 110 29.84 29.86 FM-15 0.00 29.87 11 1153 7 FEW:02 31 10.00 89 31.7 79 26.1 75 23.9 63 10 140 29.81 29.83 FM-15 0.00 29.84 11 1237 7 FEW:02 29 BKN:07 35 BKN:07 48 2.00 -RA:02 |RA |RA 82 27.8 78 25.6 77 25.0 85 8 100 31 29.79 FM-16 0.07 29.82 11 1246 7 FEW:02 28 SCT:04 35 10.00 84 28.9 80 26.7 79 26.1 85 9 070 29.78 FM-16 0.07 29.81 11 1253 7 SCT:04 33 10.00 84 28.9 80 26.7 78 25.6 82 8 070 29.78 8 +0.06 29.80 FM-15 0.07 29.81 11 1353 7 SCT:04 34 BKN:07 43 10.00 86 30.0 79 26.1 76 24.4 72 11 160 29.76 29.78 FM-15 0.00 29.79 11 1453 7 FEW:02 37 FEW:02 60 10.00 87 30.6 78 25.6 75 23.9 67 10 190 29.73 29.75 FM-15 0.00 29.76 11 1553 7 FEW:02 46 FEW:02 80 10.00 88 31.1 79 26.1 76 24.4 68 3 080 29.73 6 +0.05 29.75 FM-15 T 29.76 11 1653 7 FEW:02 75 FEW:02 95 10.00 85 29.4 79 26.1 77 25.0 77 10 180 29.73 29.75 FM-15 0.00 29.76 11 1753 7 CLR:00 10.00 83 28.3 79 26.1 77 25.0 82 9 160 29.74 29.76 FM-15 0.00 29.77 11 1853 7 CLR:00 10.00 81 27.2 77 25.0 76 24.4 85 6 150 29.74 2 -0.01 29.76 FM-15 0.00 29.77 11 1953 7 CLR:00 10.00 80 26.7 77 25.0 76 24.4 87 7 150 29.74 29.76 FM-15 0.00 29.77 11 2053 7 CLR:00 10.00 79 26.1 77 25.0 76 24.4 90 7 150 29.75 29.77 FM-15 0.00 29.78 11 2153 7 CLR:00 10.00 79 26.1 78 25.6 77 25.0 94 8 150 29.75 3 -0.02 29.78 FM-15 0.00 29.78 11 2253 7 CLR:00 10.00 79 26.1 78 25.6 78 25.6 97 9 160 29.75 29.77 FM-15 0.00 29.78 11 2353 7 FEW:02 30 SCT:04 55 9.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 8 160 29.73 29.75 FM-15 0.01 29.76 12 0051 6 FEW:02 16 BKN:07 28 BKN:07 95 3.00 RA:02 BR:1 |RA |RA 81 27.2 80 26.7 79 26.1 94 8 170 29.71 FM-16 29.74 12 0053 7 FEW:02 16 BKN:07 28 BKN:07 95 4.00 RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 9 160 29.71 8 +0.05 29.73 FM-15 0.11 29.74 12 0101 7 SCT:04 17 BKN:07 30 OVC:08 95 5.00 -RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 11 180 29.72 FM-16 0.02 29.75 FEW:02 17 12 0105 7 2.50 +RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 8 200 29.72 FM-16 0.13 29.75 Page 209 of 886 OVC:08 26 12 0110 7 FEW:02 6 FEW:02 15 OVC:08 21 1.50 +RA:02 BR:1 |RA |RA 80 26.7 79 26.1 79 26.1 97 29.71 FM-16 0.23 29.74 12 0119 7 FEW:02 6 BKN:07 19 OVC:08 32 3.00 -RA:02 BR:1 |RA |RA 79 26.1 78 25.6 78 25.6 97 5 230 29.70 FM-16 0.29 29.73 12 0136 7 SCT:04 21 10.00 81 27.2 80 26.7 79 26.1 94 8 180 29.70 FM-16 0.30 29.73 12 0153 7 FEW:02 19 SCT:04 35 BKN:07 75 10.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 10 170 29.70 29.72 FM-15 0.32 29.73 12 0253 7 FEW:02 17 10.00 81 27.2 80 26.7 80 26.7 97 10 200 29.70 29.72 FM-15 0.03 29.73 12 0328 7 SCT:04 17 BKN:07 27 BKN:07 100 8.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 11 190 29.69 FM-16 0.07 29.72 12 0349 7 FEW:02 19 SCT:04 27 10.00 81 27.2 80 26.7 79 26.1 94 13 200 29.69 FM-16 0.07 29.72 12 0353 7 FEW:02 16 FEW:02 27 10.00 81 27.2 80 26.7 79 26.1 94 14 200 29.69 6 +0.01 29.71 FM-15 0.07 29.72 12 0453 7 FEW:02 16 FEW:02 60 10.00 81 27.2 81 27.2 81 27.2 100 14 200 29.71 29.73 FM-15 0.01 29.74 12 0553 7 FEW:02 13 SCT:04 29 BKN:07 50 9.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 15 210 29.71 29.73 FM-15 0.04 29.74 12 0653 7 FEW:02 17 10.00 82 27.8 81 27.2 80 26.7 94 16 210 24 29.72 1 -0.03 29.74 FM-15 T 29.75 12 0753 7 FEW:02 19 10.00 83 28.3 81 27.2 80 26.7 91 20 210 29.73 29.75 FM-15 0.00 29.76 12 0853 7 SCT:04 19 SCT:04 24 10.00 85 29.4 81 27.2 80 26.7 85 24 210 34 29.74 29.76 FM-15 0.00 29.77 12 0953 7 SCT:04 22 BKN:07 28 10.00 86 30.0 81 27.2 79 26.1 80 29 210 39 29.75 3 -0.03 29.77 FM-15 0.00 29.78 12 1013 7 FEW:02 22 10.00 87 30.6 81 27.2 79 26.1 77 25 220 37 29.75 FM-16 29.78 12 1053 7 SCT:04 23 SCT:04 30 10.00 87 30.6 81 27.2 79 26.1 77 29 220 40 29.75 29.77 FM-15 0.00 29.78 12 1153 7 SCT:04 20 SCT:04 26 BKN:07 32 10.00 87 30.6 82 27.8 80 26.7 80 26 210 34 29.74 29.75 FM-15 0.00 29.77 12 1232 6 BKN:07 24 10.00 86 30.0 81 27.2 79 26.1 80 24 220 36 29.73 FM-16 29.76 12 1253 6 BKN:07 24 10.00 87 30.6 81 27.2 79 26.1 77 20 220 36 29.72 8 +0.03 29.74 FM-15 0.00 29.75 12 1308 6 SCT:04 23 10.00 87 30.6 80 26.7 78 25.6 75 28 220 37 29.72 FM-16 29.75 12 1324 6 BKN:07 25 10.00 87 30.6 81 27.2 79 26.1 77 23 220 33 29.72 FM-16 29.75 12 1349 6 SCT:04 25 BKN:07 34 10.00 88 31.1 81 27.2 79 26.1 75 21 220 33 29.70 FM-16 29.73 12 1353 6 SCT:04 26 BKN:07 34 10.00 88 31.1 81 27.2 79 26.1 75 24 210 34 29.70 29.72 FM-15 0.00 29.73 12 1453 6 FEW:02 25 10.00 86 30.0 80 26.7 78 25.6 77 24 220 32 29.69 29.71 FM-15 0.00 29.72 12 1553 7 CLR:00 10.00 86 30.0 80 26.7 77 25.0 75 21 210 28 29.68 8 +0.02 29.70 FM-15 0.00 29.71 12 1653 7 CLR:00 10.00 85 29.4 80 26.7 78 25.6 80 17 220 29.70 29.72 FM-15 0.00 29.73 12 1753 7 CLR:00 10.00 84 28.9 80 26.7 78 25.6 82 13 220 29.70 29.72 FM-15 0.00 29.73 12 1853 7 CLR:00 10.00 83 28.3 79 26.1 78 25.6 85 10 220 29.72 1 -0.04 29.74 FM-15 0.00 29.75 12 1953 7 FEW:02 48 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 29.73 29.75 FM-15 0.01 29.76 12 1958 7 FEW:02 46 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 17 210 29.73 FM-16 T 29.76 12 2053 7 FEW:02 55 FEW:02 90 10.00 -RA:02 |RA |RA 83 28.3 80 26.7 79 26.1 88 11 220 29.75 29.77 FM-15 0.01 29.78 12 2124 7 FEW:02 23 BKN:07 28 OVC:08 36 10.00 -RA:02 |RA |RA 82 27.8 80 26.7 79 26.1 90 13 210 29.76 FM-16 T 29.79 12 2142 7 SCT:04 23 BKN:07 55 OVC:08 75 10.00 -RA:02 |RA |RA 82 27.8 79 26.1 78 25.6 88 15 240 29.76 FM-16 0.01 29.79 Page 210 of 886 12 2153 7 FEW:02 19 SCT:04 50 BKN:07 60 10.00 -RA:02 |RA |RA 81 27.2 79 26.1 78 25.6 91 14 240 29.76 1 -0.04 29.78 FM-15 0.01 29.79 12 2253 7 SCT:04 21 BKN:07 43 BKN:07 55 10.00 -RA:02 |RA |RA 80 26.7 79 26.1 79 26.1 97 11 250 29.76 29.78 FM-15 T 29.79 12 2353 7 BKN:07 75 10.00 81 27.2 80 26.7 79 26.1 94 10 240 29.74 29.76 FM-15 0.00 29.77 13 0053 7 BKN:07 34 BKN:07 50 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 79 26.1 94 7 240 29.74 5 +0.01 29.76 FM-15 T 29.77 13 0153 7 BKN:07 41 BKN:07 55 10.00 80 26.7 80 26.7 80 26.7 100 6 230 29.73 29.75 FM-15 0.02 29.76 13 0200 7 FEW:02 11 BKN:07 41 10.00 VCTS:7 ||81 27.2 80 26.7 80 26.7 97 7 220 29.73 FM-16 29.76 13 0215 7 FEW:02 10 SCT:04 31 BKN:07 41 10.00 81 27.2 80 26.7 80 26.7 97 10 210 29.74 FM-16 29.77 13 0226 7 FEW:02 10 BKN:07 29 BKN:07 40 10.00 80 26.7 79 26.1 79 26.1 97 10 200 29.73 FM-16 29.76 13 0253 7 BKN:07 25 10.00 VCTS:7 ||80 26.7 79 26.1 78 25.6 94 5 190 29.73 29.75 FM-15 0.00 29.76 13 0308 7 SCT:04 23 BKN:07 29 BKN:07 36 10.00 TS:7 |TS TS |79 26.1 78 25.6 78 25.6 97 6 190 29.72 FM-16 29.75 13 0315 7 FEW:02 23 BKN:07 31 10.00 TS:7 -RA:02 |RA TS TS |RA 79 26.1 78 25.6 78 25.6 97 6 200 29.72 FM-16 T 29.75 13 0323 7 SCT:04 23 BKN:07 31 10.00 -RA:02 |RA |RA 79 26.1 78 25.6 78 25.6 97 7 210 29.72 FM-16 T 29.75 13 0342 7 FEW:02 21 BKN:07 29 BKN:07 60 2.50V +RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 5 260 29.72 FM-16 0.07 29.75 13 0351 6 FEW:02 13 BKN:07 21 OVC:08 60 3.00 RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.73 FM-16 29.76 13 0353 7 SCT:04 16 BKN:07 25 OVC:08 60 3.00 +RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.72 6 +0.02 29.75 FM-15 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000 29.78 FM-16 T 29.81 13 0751 6 BKN:07 15 BKN:07 37 10.00 -RA:02 |RA |RA 81 27.2 81 27.2 81 27.2 100 3 320 29.78 FM-16 29.81 FEW:02 11 13 0753 7 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 6 340 29.78 29.80 FM-15 0.04 29.81 Page 211 of 886 BKN:07 15 BKN:07 37 13 0801 7 BKN:07 14 BKN:07 32 BKN:07 40 2.50 TS:7 RA:02 BR:1 |RA TS |RA 80 26.7 79 26.1 79 26.1 97 7 VRB 29.79 FM-16 0.05 29.82 13 0808 7 SCT:04 8 BKN:07 14 1.25 TS:7 RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 5 VRB 29.79 FM-16 0.18 29.82 13 0815 7 BKN:07 10 OVC:08 18 0.50 TS:7 +RA:02 FG:2 |FG RA TS |RA 79 26.1 79 26.1 79 26.1 100 6 310 29.80 FM-16 0.39 29.83 13 0851 6 OVC:08 18 1.50 TS:7 +RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 0 000 29.81 FM-16 29.84 13 0853 7 FEW:02 16 OVC:08 21 1.75 TS:7 +RA:02 BR:1 |RA TS |RA 79 26.1 79 26.1 79 26.1 100 3 020 29.81 29.83 FM-15 1.09 29.84 13 0855 7 FEW:02 16 OVC:08 23 2.00 RA:02 BR:1 |RA |RA 79 26.1 79 26.1 79 26.1 100 3 350 29.81 FM-16 0.01 29.84 13 0900 7 FEW:02 16 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7 SCT:04 7 BKN:07 12 BKN:07 50 10.00 81 27.2 80 26.7 79 26.1 94 6 170 29.81 FM-16 29.84 13 1153 7 SCT:04 7 BKN:07 12 BKN:07 50 10.00 80 26.7 79 26.1 79 26.1 97 6 170 29.81 29.83 FM-15 0.00 29.84 13 1206 7 SCT:04 7 SCT:04 14 10.00 81 27.2 80 26.7 80 26.7 97 8 210 29.81 FM-16 29.84 13 1211 7 BKN:07 9 BKN:07 14 10.00 82 27.8 81 27.2 80 26.7 94 9 210 29.81 FM-16 29.84 13 1221 7 SCT:04 10 BKN:07 14 10.00 83 28.3 82 27.8 81 27.2 94 11 220 29.80 FM-16 29.83 13 1237 7 SCT:04 11 BKN:07 16 BKN:07 22 10.00 83 28.3 81 27.2 80 26.7 91 14 230 29.80 FM-16 29.83 13 1239 7 BKN:07 13 BKN:07 19 BKN:07 24 10.00 83 28.3 81 27.2 80 26.7 91 11 230 29.80 FM-16 29.83 13 1251 7 BKN:07 16 BKN:07 24 BKN:07 40 10.00 84 28.9 82 27.8 81 27.2 89 14 230 29.79 FM-16 29.82 13 1253 7 BKN:07 16 BKN:07 32 BKN:07 40 10.00 83 28.3 81 27.2 80 26.7 91 15 240 29.79 6 +0.01 29.81 FM-15 0.00 29.82 13 1300 7 FEW:02 16 SCT:04 20 BKN:07 35 10.00 83 28.3 81 27.2 80 26.7 91 13 250 29.79 FM-16 29.82 Page 212 of 886 13 1333 7 FEW:02 12 BKN:07 18 10.00 82 27.8 81 27.2 80 26.7 94 11 250 29.78 FM-16 29.81 13 1342 7 FEW:02 12 SCT:04 18 10.00 83 28.3 81 27.2 80 26.7 91 11 250 29.78 FM-16 29.81 13 1353 7 FEW:02 18 10.00 83 28.3 80 26.7 79 26.1 88 8 250 17 29.77 29.79 FM-15 0.00 29.80 13 1453 7 FEW:02 42 SCT:04 50 SCT:04 60 10.00 84 28.9 80 26.7 79 26.1 85 9 250 29.78 29.80 FM-15 0.00 29.81 13 1553 7 CLR:00 10.00 85 29.4 80 26.7 78 25.6 80 7 260 29.78 6 +0.02 29.80 FM-15 0.00 29.81 13 1653 7 CLR:00 10.00 83 28.3 81 27.2 80 26.7 91 7 240 29.79 29.81 FM-15 0.00 29.82 13 1753 7 CLR:00 10.00 82 27.8 81 27.2 80 26.7 94 7 240 29.80 29.82 FM-15 0.00 29.83 13 1853 7 BKN:07 11 10.00 -RA:02 |RA |RA 81 27.2 80 26.7 80 26.7 97 5 220 29.81 1 -0.03 29.83 FM-15 T 29.84 13 1953 7 BKN:07 11 10.00 81 27.2 80 26.7 80 26.7 97 6 220 29.83 29.85 FM-15 T 29.86 13 1958 7 FEW:02 9 SCT:04 14 BKN:07 25 10.00 81 27.2 80 26.7 80 26.7 97 6 230 29.83 FM-16 29.86 13 2019 7 FEW:02 9 SCT:04 25 BKN:07 50 10.00 80 26.7 80 26.7 80 26.7 100 7 240 29.83 FM-16 T 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26.1 97 5 330 29.84 29.86 FM-15 0.00 29.87 14 0830 7 BKN:07 12 10.00 81 27.2 79 26.1 78 25.6 91 7 320 29.84 FM-16 29.87 14 0853 7 BKN:07 14 10.00 82 27.8 79 26.1 78 25.6 88 6 320 29.85 29.87 FM-15 0.00 29.88 14 0953 7 BKN:07 14 10.00 84 28.9 79 26.1 77 25.0 80 7 300 29.85 1 -0.02 29.87 FM-15 0.00 29.88 14 1000 7 SCT:04 20 BKN:07 26 10.00 83 28.3 79 26.1 77 25.0 82 6 280 29.86 FM-16 29.89 14 1053 7 BKN:07 24 BKN:07 32 10.00 84 28.9 79 26.1 77 25.0 80 7 300 29.85 29.87 FM-15 0.00 29.88 14 1153 7 BKN:07 24 10.00 84 28.9 78 25.6 76 24.4 77 7 270 29.83 29.85 FM-15 0.00 29.86 Page 213 of 886 14 1200 7 CLR:00 10.00 84 28.9 78 25.6 76 24.4 77 8 270 29.83 FM-16 29.86 14 1253 7 CLR:00 10.00 84 28.9 78 25.6 75 23.9 74 7 290 29.80 8 +0.06 29.82 FM-15 0.00 29.83 14 1353 7 CLR:00 10.00 84 28.9 77 25.0 74 23.3 72 8 280 29.78 29.80 FM-15 0.00 29.81 14 1453 7 CLR:00 10.00 85 29.4 77 25.0 74 23.3 70 9 310 29.78 29.80 FM-15 0.00 29.81 14 1553 7 FEW:02 26 10.00 84 28.9 77 25.0 74 23.3 72 9 280 29.78 6 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CLR:00 10.00 73 22.8 72 22.2 71 21.7 94 0 000 29.78 8 +0.02 29.80 FM-15 0.00 29.81 15 0453 7 CLR:00 10.00 72 22.2 71 21.7 71 21.7 97 0 000 29.78 29.80 FM-15 0.00 29.81 15 0553 7 CLR:00 10.00 71 21.7 71 21.7 71 21.7 100 0 000 29.78 29.80 FM-15 0.00 29.81 15 0653 7 CLR:00 10.00 72 22.2 71 21.7 71 21.7 97 0 000 29.78 5 0.00 29.80 FM-15 0.00 29.81 15 0753 7 CLR:00 10.00 76 24.4 74 23.3 73 22.8 91 6 230 29.79 29.80 FM-15 0.00 29.82 15 0853 7 CLR:00 10.00 81 27.2 75 23.9 72 22.2 74 10 260 29.78 29.80 FM-15 0.00 29.81 15 0857 7 FEW:02 33 10.00 81 27.2 74 23.3 71 21.7 72 9 270 29.78 FM-16 29.81 15 0953 7 SCT:04 34 SCT:04 43 10.00 82 27.8 74 23.3 70 21.1 67 11 280 24 29.78 8 0.00 29.80 FM-15 0.00 29.81 15 1053 7 FEW:02 28 BKN:07 36 BKN:07 47 10.00 82 27.8 75 23.9 72 22.2 72 9 330 29.77 29.79 FM-15 0.00 29.80 15 1153 7 SCT:04 32 BKN:07 40 10.00 83 28.3 75 23.9 71 21.7 67 10 310 20 29.76 29.78 FM-15 0.00 29.79 15 1253 7 FEW:02 33 FEW:02 44 10.00 84 28.9 74 23.3 70 21.1 63 9 290 21 29.74 8 +0.04 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29.80 FM-15 0.00 29.81 16 0053 7 SCT:04 41 10.00 70 21.1 66 18.9 63 17.2 79 0 000 29.79 5 +0.01 29.81 FM-15 0.00 29.82 16 0153 7 FEW:02 40 BKN:07 65 10.00 70 21.1 66 18.9 64 17.8 82 3 040 29.78 29.80 FM-15 0.00 29.81 16 0253 7 FEW:02 40 SCT:04 65 10.00 70 21.1 66 18.9 63 17.2 79 0 000 29.78 29.80 FM-15 0.00 29.81 16 0353 7 FEW:02 42 SCT:04 50 OVC:08 60 10.00 70 21.1 66 18.9 64 17.8 82 0 000 29.77 6 +0.02 29.79 FM-15 T 29.80 16 0453 7 FEW:02 43 SCT:04 55 OVC:08 70 10.00 70 21.1 65 18.3 62 16.7 76 9 360 21 29.79 29.81 FM-15 0.00 29.82 16 0553 7 BKN:07 75 10.00 68 20.0 63 17.2 60 15.6 76 9 010 29.81 29.83 FM-15 0.00 29.84 Page 214 of 886 16 0653 7 BKN:07 70 10.00 67 19.4 63 17.2 60 15.6 79 22 360 36 29.82 2 -0.05 29.84 FM-15 0.00 29.85 16 0706 7 SCT:04 70 10.00 67 19.4 62 16.7 59 15.0 76 8 360 29.82 FM-16 29.85 16 0753 7 BKN:07 70 10.00 68 20.0 63 17.2 60 15.6 76 7 010 29.83 29.85 FM-15 0.00 29.86 16 0853 7 FEW:02 70 10.00 69 20.6 64 17.8 60 15.6 73 3 030 29.86 29.88 FM-15 0.00 29.89 16 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56 13.3 70 6 350 29.89 29.91 FM-15 0.00 29.92 16 2053 7 CLR:00 10.00 65 18.3 58 14.4 53 11.7 66 7 360 29.91 29.93 FM-15 0.00 29.94 16 2153 7 CLR:00 10.00 63 17.2 57 13.9 53 11.7 70 8 360 29.93 1 -0.06 29.95 FM-15 0.00 29.96 16 2253 7 CLR:00 10.00 62 16.7 56 13.3 51 10.6 67 7 360 29.94 29.96 FM-15 0.00 29.97 16 2353 7 CLR:00 10.00 62 16.7 55 12.8 50 10.0 65 6 010 29.94 29.96 FM-15 0.00 29.97 17 0053 7 CLR:00 10.00 61 16.1 55 12.8 50 10.0 67 8 020 29.95 3 -0.03 29.97 FM-15 0.00 29.98 17 0153 7 CLR:00 10.00 60 15.6 55 12.8 50 10.0 70 7 010 29.95 29.96 FM-15 0.00 29.98 17 0253 7 CLR:00 10.00 60 15.6 54 12.2 49 9.4 67 8 010 29.95 29.97 FM-15 0.00 29.98 17 0353 7 CLR:00 10.00 59 15.0 54 12.2 49 9.4 69 7 020 29.95 3 0.00 29.97 FM-15 0.00 29.98 17 0453 7 CLR:00 10.00 56 13.3 53 11.7 50 10.0 81 7 060 29.96 29.98 FM-15 0.00 29.99 17 0553 7 CLR:00 10.00 56 13.3 53 11.7 50 10.0 81 6 020 29.98 30.00 FM-15 0.00 30.01 17 0653 7 CLR:00 10.00 57 13.9 53 11.7 50 10.0 78 6 030 30.00 3 -0.04 30.02 FM-15 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27.2 70 21.1 64 17.8 57 9 070 29.91 6 +0.05 29.93 FM-15 0.00 29.94 19 1653 7 SCT:04 43 SCT:04 50 10.00 79 26.1 70 21.1 65 18.3 62 11 080 29.92 29.94 FM-15 0.00 29.95 19 1753 7 CLR:00 10.00 77 25.0 68 20.0 63 17.2 62 9 080 29.93 29.95 FM-15 0.00 29.96 19 1853 7 SCT:04 60 10.00 75 23.9 67 19.4 63 17.2 66 8 070 29.93 3 -0.02 29.95 FM-15 0.00 29.96 19 1953 7 BKN:07 60 10.00 74 23.3 67 19.4 63 17.2 69 9 080 29.94 29.96 FM-15 0.00 29.97 19 2053 7 OVC:08 70 10.00 73 22.8 66 18.9 62 16.7 69 9 080 29.94 29.96 FM-15 0.00 29.97 19 2153 7 CLR:00 10.00 71 21.7 66 18.9 63 17.2 76 8 080 29.95 1 -0.01 29.97 FM-15 0.00 29.98 19 2253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 5 080 29.94 29.96 FM-15 0.00 29.97 19 2353 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 110 29.92 29.93 FM-15 0.00 29.95 20 0053 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 030 29.90 8 +0.05 29.92 FM-15 0.00 29.93 20 0153 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 5 090 29.88 29.91 FM-15 0.00 29.91 20 0253 7 BKN:07 95 10.00 69 20.6 65 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29.86 FM-15 0.00 29.87 21 0153 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 320 29.84 29.86 FM-15 0.00 29.87 21 0253 7 CLR:00 10.00 70 21.1 67 19.4 65 18.3 84 6 310 29.84 29.86 FM-15 0.00 29.87 21 0353 7 CLR:00 10.00 71 21.7 68 20.0 66 18.9 84 0 000 29.84 5 0.00 29.86 FM-15 0.00 29.87 21 0453 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 0 000 29.86 29.88 FM-15 0.00 29.89 21 0553 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 6 260 29.87 29.89 FM-15 0.00 29.90 21 0653 7 CLR:00 10.00 70 21.1 68 20.0 67 19.4 90 0 000 29.89 3 -0.05 29.91 FM-15 0.00 29.92 21 0753 7 SCT:04 49 10.00 76 24.4 71 21.7 69 20.6 79 5 290 29.90 29.92 FM-15 0.00 29.93 21 0853 7 FEW:02 25 SCT:04 31 BKN:07 40 10.00 77 25.0 72 22.2 69 20.6 77 5 320 29.91 29.93 FM-15 0.00 29.94 21 0953 7 CLR:00 10.00 81 27.2 72 22.2 68 20.0 65 7 010 29.92 1 -0.03 29.94 FM-15 0.00 29.95 21 1053 7 FEW:02 35 10.00 83 28.3 72 22.2 66 18.9 57 8 320 29.90 29.92 FM-15 0.00 29.93 21 1153 7 CLR:00 10.00 85 29.4 70 21.1 62 16.7 46 6 VRB 29.88 29.91 FM-15 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69 20.6 87 0 000 29.92 29.94 FM-15 0.00 29.95 21 2353 7 CLR:00 10.00 70 21.1 69 20.6 69 20.6 97 0 000 29.92 29.94 FM-15 0.00 29.95 22 0053 7 CLR:00 10.00 70 21.1 69 20.6 69 20.6 97 0 000 29.92 8 +0.01 29.94 FM-15 0.00 29.95 22 0153 7 CLR:00 10.00 68 20.0 67 19.4 67 19.4 96 0 000 29.91 29.93 FM-15 0.00 29.94 22 0253 7 CLR:00 10.00 68 20.0 67 19.4 67 19.4 96 0 000 29.91 29.93 FM-15 0.00 29.94 22 0353 7 CLR:00 10.00 67 19.4 66 18.9 66 18.9 97 0 000 29.91 5 0.00 29.93 FM-15 0.00 29.94 22 0401 7 FEW:02 2 10.00 66 18.9 66 18.9 66 18.9 100 0 000 29.91 FM-16 29.94 22 0453 7 CLR:00 9.00 67 19.4 67 19.4 67 19.4 100 0 000 29.92 29.94 FM-15 0.00 29.95 22 0536 7 SCT:04 2 6.00 BR:1 ||67 19.4 66 18.9 66 18.9 97 0 000 29.93 FM-16 29.96 22 0553 7 FEW:02 1 8.00 67 19.4 67 19.4 67 19.4 100 0 000 29.94 29.96 FM-15 0.00 29.97 22 0653 7 CLR:00 10.00 MI:1 FG:2 |FG |67 19.4 67 19.4 67 19.4 100 3 030 29.96 3 -0.05 29.98 FM-15 0.00 29.99 22 0706 7 BKN:07 3 2.00 MI:1 FG:2 |FG |68 20.0 67 19.4 67 19.4 96 6 040 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CLR:00 10.00 81 27.2 71 21.7 66 18.9 61 3 110 29.94 8 +0.05 29.96 FM-15 0.00 29.97 22 1353 7 CLR:00 10.00 83 28.3 71 21.7 65 18.3 55 0 000 29.92 29.93 FM-15 0.00 29.95 22 1453 7 CLR:00 10.00 81 27.2 70 21.1 64 17.8 57 3 270 29.91 29.93 FM-15 0.00 29.94 22 1553 7 CLR:00 10.00 82 27.8 70 21.1 63 17.2 53 3 300 29.91 6 +0.03 29.93 FM-15 0.00 29.94 22 1653 7 CLR:00 10.00 80 26.7 69 20.6 63 17.2 56 5 230 29.91 29.93 FM-15 0.00 29.94 22 1753 7 CLR:00 10.00 78 25.6 70 21.1 65 18.3 64 5 260 29.92 29.94 FM-15 0.00 29.95 22 1853 7 CLR:00 10.00 75 23.9 69 20.6 66 18.9 74 5 310 29.94 3 -0.04 29.96 FM-15 0.00 29.97 22 1953 7 CLR:00 10.00 74 23.3 67 19.4 63 17.2 69 0 000 29.96 29.98 FM-15 0.00 29.99 22 2053 7 CLR:00 10.00 72 22.2 66 18.9 62 16.7 71 0 000 29.97 29.99 FM-15 0.00 30.00 22 2153 7 CLR:00 10.00 70 21.1 66 18.9 63 17.2 79 3 330 29.98 1 -0.04 30.00 FM-15 0.00 30.01 22 2253 7 CLR:00 10.00 70 21.1 66 18.9 63 17.2 79 3 360 29.98 30.00 FM-15 0.00 30.01 22 2353 7 CLR:00 10.00 68 20.0 64 17.8 62 16.7 81 5 360 29.97 29.98 FM-15 0.00 30.00 23 0053 7 CLR:00 10.00 68 20.0 64 17.8 62 16.7 81 5 010 29.96 8 +0.02 29.98 FM-15 0.00 29.99 23 0153 7 CLR:00 10.00 67 19.4 63 17.2 61 16.1 81 6 020 29.96 29.98 FM-15 0.00 29.99 23 0253 7 CLR:00 10.00 65 18.3 61 16.1 59 15.0 81 5 040 29.95 29.97 FM-15 0.00 29.98 23 0353 7 CLR:00 10.00 66 18.9 63 17.2 61 16.1 84 8 020 29.96 3 0.00 29.98 FM-15 0.00 29.99 23 0453 7 CLR:00 10.00 65 18.3 63 17.2 61 16.1 87 6 030 29.97 29.99 FM-15 0.00 30.00 23 0553 7 CLR:00 10.00 65 18.3 62 16.7 60 15.6 84 7 030 29.99 30.01 FM-15 0.00 30.02 23 0653 7 CLR:00 10.00 64 17.8 62 16.7 61 16.1 90 5 060 30.01 3 -0.05 30.03 FM-15 0.00 30.04 23 0753 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 5 080 30.03 30.05 FM-15 0.00 30.06 23 0853 7 CLR:00 10.00 73 22.8 67 19.4 64 17.8 74 5 060 30.04 30.06 FM-15 0.00 30.07 23 0953 7 CLR:00 10.00 78 25.6 68 20.0 62 16.7 58 9 060 30.03 0 -0.02 30.05 FM-15 0.00 30.06 23 1053 7 CLR:00 10.00 81 27.2 68 20.0 61 16.1 51 10 060 30.03 30.05 FM-15 0.00 30.06 23 1153 7 CLR:00 10.00 84 28.9 68 20.0 59 15.0 43 7 090 30.01 30.03 FM-15 0.00 30.04 23 1253 7 CLR:00 10.00 85 29.4 69 20.6 60 15.6 43 8 050 29.99 8 +0.04 30.01 FM-15 0.00 30.02 23 1353 7 CLR:00 10.00 85 29.4 70 21.1 61 16.1 45 10 060 18 29.97 29.99 FM-15 0.00 30.00 23 1453 7 CLR:00 10.00 87 30.6 70 21.1 61 16.1 42 13 070 29.95 29.97 FM-15 0.00 29.98 23 1553 7 CLR:00 10.00 86 30.0 70 21.1 61 16.1 43 15 060 29.95 5 +0.04 29.97 FM-15 0.00 29.98 23 1653 7 CLR:00 10.00 84 28.9 70 21.1 63 17.2 49 13 060 29.97 29.98 FM-15 0.00 30.00 23 1753 7 CLR:00 10.00 79 26.1 69 20.6 64 17.8 60 7 060 29.98 30.00 FM-15 0.00 30.01 23 1853 7 CLR:00 10.00 77 25.0 69 20.6 64 17.8 64 5 060 29.99 3 -0.04 30.01 FM-15 0.00 30.02 23 1953 7 CLR:00 10.00 74 23.3 68 20.0 65 18.3 74 7 060 30.01 30.03 FM-15 0.00 30.04 23 2053 7 CLR:00 10.00 74 23.3 68 20.0 65 18.3 74 9 080 30.03 30.05 FM-15 0.00 30.06 23 2153 7 CLR:00 10.00 73 22.8 70 21.1 68 20.0 84 9 050 30.04 1 -0.05 30.06 FM-15 0.00 30.07 23 2253 7 CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 9 060 30.04 30.06 FM-15 0.00 30.07 23 2353 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 8 050 30.03 30.05 FM-15 0.00 30.06 24 0053 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 7 060 30.03 8 +0.01 30.05 FM-15 0.00 30.06 24 0153 7 CLR:00 10.00 70 21.1 66 18.9 64 17.8 82 7 040 30.03 30.05 FM-15 0.00 30.06 24 0253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 040 30.03 30.05 FM-15 0.00 30.06 24 0353 7 CLR:00 10.00 69 20.6 65 18.3 63 17.2 81 7 040 30.03 3 -0.01 30.05 FM-15 0.00 30.06 24 0453 7 CLR:00 10.00 68 20.0 64 17.8 62 16.7 81 6 030 30.04 30.06 FM-15 0.00 30.07 Page 218 of 886 24 0553 7 CLR:00 10.00 68 20.0 65 18.3 63 17.2 84 6 030 30.07 30.09 FM-15 0.00 30.10 24 0653 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 30.08 3 -0.05 30.10 FM-15 0.00 30.11 24 0657 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 9 030 30.08 FM-16 30.11 24 0753 7 CLR:00 10.00 72 22.2 68 20.0 65 18.3 79 9 030 30.10 30.12 FM-15 0.00 30.13 24 0853 7 CLR:00 10.00 77 25.0 70 21.1 67 19.4 71 10 060 30.11 30.13 FM-15 0.00 30.14 24 0953 7 CLR:00 10.00 81 27.2 72 22.2 67 19.4 62 16 090 26 30.10 0 -0.02 30.12 FM-15 0.00 30.13 24 1053 7 SCT:04 36 10.00 82 27.8 72 22.2 67 19.4 60 17 070 30.10 30.12 FM-15 0.00 30.13 24 1153 7 BKN:07 46 10.00 85 29.4 72 22.2 65 18.3 51 17 080 25 30.07 30.09 FM-15 0.00 30.10 24 1253 7 SCT:04 45 10.00 85 29.4 72 22.2 66 18.9 53 16 050 26 30.04 8 +0.06 30.06 FM-15 0.00 30.07 24 1353 7 FEW:02 46 10.00 86 30.0 73 22.8 66 18.9 51 20 050 28 30.02 30.04 FM-15 0.00 30.05 24 1453 7 SCT:04 49 10.00 83 28.3 71 21.7 65 18.3 55 21 060 32 30.02 30.04 FM-15 0.00 30.05 24 1553 7 FEW:02 48 10.00 83 28.3 71 21.7 64 17.8 53 20 080 28 30.02 5 +0.02 30.04 FM-15 0.00 30.05 24 1653 7 CLR:00 10.00 82 27.8 70 21.1 64 17.8 55 18 060 30.03 30.05 FM-15 0.00 30.06 24 1753 7 CLR:00 10.00 78 25.6 69 20.6 64 17.8 62 18 070 26 30.05 30.07 FM-15 0.00 30.08 24 1853 7 CLR:00 10.00 76 24.4 68 20.0 63 17.2 64 11 070 30.07 3 -0.05 30.09 FM-15 0.00 30.10 24 1953 7 CLR:00 10.00 74 23.3 68 20.0 64 17.8 71 9 070 30.08 30.10 FM-15 0.00 30.11 24 2053 7 CLR:00 10.00 72 22.2 67 19.4 64 17.8 76 8 050 30.09 30.11 FM-15 0.00 30.12 24 2153 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 9 040 30.10 3 -0.04 30.12 FM-15 0.00 30.13 24 2253 7 CLR:00 10.00 71 21.7 68 20.0 66 18.9 84 9 050 30.10 30.12 FM-15 0.00 30.13 24 2353 7 CLR:00 10.00 70 21.1 68 20.0 67 19.4 90 8 040 30.09 30.11 FM-15 0.00 30.12 25 0053 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 8 040 30.08 8 +0.02 30.10 FM-15 0.00 30.11 25 0153 7 CLR:00 10.00 68 20.0 66 18.9 65 18.3 90 9 050 30.07 30.09 FM-15 0.00 30.10 25 0253 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 7 040 30.06 30.08 FM-15 0.00 30.09 25 0353 7 CLR:00 10.00 67 19.4 65 18.3 63 17.2 87 7 040 30.07 5 +0.01 30.09 FM-15 0.00 30.10 25 0453 7 CLR:00 10.00 66 18.9 64 17.8 63 17.2 90 8 040 30.07 30.09 FM-15 0.00 30.10 25 0553 7 CLR:00 10.00 66 18.9 64 17.8 63 17.2 90 6 030 30.08 30.10 FM-15 0.00 30.11 25 0653 7 CLR:00 10.00 66 18.9 64 17.8 62 16.7 87 7 050 30.09 3 -0.02 30.11 FM-15 0.00 30.12 25 0753 7 CLR:00 10.00 70 21.1 66 18.9 63 17.2 79 9 050 30.10 30.12 FM-15 0.00 30.13 25 0853 7 CLR:00 10.00 76 24.4 68 20.0 64 17.8 67 9 050 30.11 30.13 FM-15 0.00 30.14 25 0953 7 CLR:00 10.00 80 26.7 71 21.7 66 18.9 62 18 080 26 30.10 0 -0.01 30.12 FM-15 0.00 30.13 25 1053 7 FEW:02 45 10.00 82 27.8 71 21.7 65 18.3 56 16 080 30.10 30.12 FM-15 0.00 30.13 25 1153 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 17 090 26 30.07 30.09 FM-15 0.00 30.10 25 1253 7 FEW:02 49 FEW:02 60 10.00 85 29.4 72 22.2 65 18.3 51 20 070 30.04 8 +0.06 30.06 FM-15 0.00 30.07 25 1353 7 FEW:02 44 10.00 85 29.4 73 22.8 67 19.4 55 22 070 29 30.02 30.03 FM-15 0.00 30.05 25 1453 7 FEW:02 43 10.00 83 28.3 72 22.2 67 19.4 59 17 070 30.01 30.03 FM-15 0.00 30.04 25 1553 7 CLR:00 10.00 83 28.3 72 22.2 67 19.4 59 17 090 25 30.02 5 +0.02 30.04 FM-15 0.00 30.05 25 1653 7 CLR:00 10.00 82 27.8 70 21.1 64 17.8 55 15 070 29 30.03 30.05 FM-15 0.00 30.06 25 1753 7 CLR:00 10.00 79 26.1 69 20.6 64 17.8 60 13 070 21 30.04 30.06 FM-15 0.00 30.07 25 1853 7 CLR:00 10.00 77 25.0 70 21.1 66 18.9 69 13 060 30.06 3 -0.04 30.08 FM-15 0.00 30.09 25 1953 7 CLR:00 10.00 75 23.9 70 21.1 67 19.4 76 14 060 30.08 30.10 FM-15 0.00 30.11 25 2053 7 CLR:00 10.00 74 23.3 69 20.6 67 19.4 79 11 060 30.08 30.10 FM-15 0.00 30.11 25 2153 7 CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 10 050 30.09 1 -0.03 30.11 FM-15 0.00 30.12 25 2253 7 CLR:00 10.00 72 22.2 69 20.6 67 19.4 84 8 050 30.08 30.10 FM-15 0.00 30.11 25 2353 7 CLR:00 10.00 71 21.7 68 20.0 66 18.9 84 8 050 30.07 30.09 FM-15 0.00 30.10 26 0053 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.06 8 +0.02 30.08 FM-15 0.00 30.09 26 0153 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 6 030 30.05 30.07 FM-15 0.00 30.08 26 0253 7 CLR:00 10.00 68 20.0 67 19.4 66 18.9 93 7 050 30.03 30.05 FM-15 0.00 30.06 26 0353 7 CLR:00 10.00 68 20.0 67 19.4 67 19.4 96 7 040 30.03 5 +0.03 30.05 FM-15 0.00 30.06 26 0453 7 CLR:00 10.00 69 20.6 68 20.0 67 19.4 93 7 040 30.04 30.06 FM-15 0.00 30.07 26 0553 7 CLR:00 10.00 69 20.6 68 20.0 67 19.4 93 8 030 30.05 30.07 FM-15 0.00 30.08 26 0653 7 FEW:02 60 10.00 69 20.6 68 20.0 67 19.4 93 9 040 30.06 3 -0.03 30.09 FM-15 0.00 30.09 Page 219 of 886 26 0753 7 SCT:04 65 10.00 71 21.7 69 20.6 68 20.0 90 8 050 30.08 30.10 FM-15 0.00 30.11 26 0853 7 BKN:07 65 10.00 75 23.9 70 21.1 68 20.0 79 14 070 30.09 30.11 FM-15 0.00 30.12 26 0953 7 CLR:00 10.00 80 26.7 72 22.2 68 20.0 67 21 080 28 30.09 0 -0.02 30.11 FM-15 0.00 30.12 26 1053 7 CLR:00 10.00 83 28.3 72 22.2 66 18.9 57 17 080 30.07 30.09 FM-15 0.00 30.10 26 1153 7 CLR:00 10.00 85 29.4 71 21.7 63 17.2 48 20 070 28 30.05 30.07 FM-15 0.00 30.08 26 1253 7 FEW:02 50 10.00 86 30.0 71 21.7 63 17.2 46 21 080 29 30.02 8 +0.06 30.04 FM-15 0.00 30.05 26 1353 7 CLR:00 10.00 87 30.6 71 21.7 63 17.2 45 18 060 28 30.01 30.03 FM-15 0.00 30.04 26 1437 7 FEW:02 55 10.00 85 29.4 71 21.7 63 17.2 48 20 080 30.01 FM-16 30.04 26 1453 7 FEW:02 55 10.00 86 30.0 71 21.7 63 17.2 46 21 080 29 30.01 30.03 FM-15 0.00 30.04 26 1553 7 FEW:02 50 10.00 84 28.9 71 21.7 64 17.8 51 21 070 28 30.01 5 +0.01 30.03 FM-15 0.00 30.04 26 1653 7 CLR:00 10.00 82 27.8 69 20.6 61 16.1 49 18 080 26 30.02 30.04 FM-15 0.00 30.05 26 1753 7 CLR:00 10.00 78 25.6 67 19.4 61 16.1 56 9 080 30.04 30.06 FM-15 0.00 30.07 26 1853 7 SCT:04 55 10.00 76 24.4 67 19.4 62 16.7 62 9 080 30.05 3 -0.04 30.07 FM-15 0.00 30.08 26 1953 7 CLR:00 10.00 74 23.3 67 19.4 63 17.2 69 8 070 30.07 30.09 FM-15 0.00 30.10 26 2053 7 CLR:00 10.00 72 22.2 67 19.4 64 17.8 76 8 080 30.08 30.09 FM-15 0.00 30.11 26 2153 7 CLR:00 10.00 71 21.7 67 19.4 64 17.8 79 7 060 30.08 1 -0.03 30.10 FM-15 0.00 30.11 26 2244 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 070 30.08 FM-16 30.11 26 2253 7 CLR:00 10.00 69 20.6 66 18.9 64 17.8 84 6 060 30.07 30.09 FM-15 0.00 30.10 26 2353 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 6 070 30.07 30.09 FM-15 0.00 30.10 27 0053 7 CLR:00 10.00 68 20.0 66 18.9 65 18.3 90 6 050 30.06 6 +0.02 30.08 FM-15 0.00 30.09 27 0153 7 CLR:00 10.00 67 19.4 66 18.9 65 18.3 93 6 050 30.05 30.07 FM-15 0.00 30.08 27 0253 7 CLR:00 10.00 68 20.0 66 18.9 64 17.8 87 9 050 30.04 30.06 FM-15 0.00 30.07 27 0353 7 CLR:00 10.00 66 18.9 65 18.3 64 17.8 93 7 060 30.04 5 +0.02 30.06 FM-15 0.00 30.07 27 0453 7 CLR:00 10.00 66 18.9 65 18.3 64 17.8 93 6 050 30.05 30.07 FM-15 0.00 30.08 27 0553 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 6 030 30.07 30.09 FM-15 0.00 30.10 27 0653 7 CLR:00 10.00 67 19.4 65 18.3 64 17.8 91 6 040 30.08 3 -0.04 30.10 FM-15 0.00 30.11 27 0753 7 CLR:00 10.00 71 21.7 67 19.4 65 18.3 81 9 050 30.09 30.11 FM-15 0.00 30.12 27 0853 7 10.00 76 24.4 70 21.1 66 18.9 72 13 080 30.11 30.13 FM-15 0.00 30.14 27 0953 7 CLR:00 10.00 81 27.2 70 21.1 64 17.8 57 13 090 30.10 0 -0.02 30.12 FM-15 0.00 30.13 27 1053 7 CLR:00 10.00 83 28.3 70 21.1 62 16.7 49 15 100 20 30.10 30.11 FM-15 0.00 30.13 27 1153 7 FEW:02 45 FEW:02 50 10.00 85 29.4 72 22.2 66 18.9 53 10 090 30.07 30.09 FM-15 0.00 30.10 27 1253 7 FEW:02 45 10.00 85 29.4 73 22.8 67 19.4 55 15 050 24 30.04 8 +0.06 30.06 FM-15 0.00 30.07 27 1353 7 FEW:02 45 10.00 86 30.0 73 22.8 67 19.4 53 17 070 25 30.02 30.04 FM-15 0.00 30.05 27 1453 7 FEW:02 45 10.00 84 28.9 73 22.8 68 20.0 59 17 090 30.02 30.04 FM-15 0.00 30.05 27 1553 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 21 070 28 30.01 6 +0.03 30.03 FM-15 0.00 30.04 27 1653 7 CLR:00 10.00 82 27.8 71 21.7 66 18.9 58 20 060 28 30.02 30.04 FM-15 0.00 30.05 27 1753 7 CLR:00 10.00 79 26.1 70 21.1 65 18.3 62 13 080 30.03 30.05 FM-15 0.00 30.06 27 1853 7 CLR:00 10.00 76 24.4 69 20.6 65 18.3 69 30.04 3 -0.03 30.06 FM-15 0.00 30.07 27 1857 7 CLR:00 10.00 76 24.4 69 20.6 65 18.3 69 9 070 30.04 FM-16 30.07 27 1953 7 CLR:00 10.00 74 23.3 69 20.6 66 18.9 76 10 060 30.05 30.07 FM-15 0.00 30.08 27 2053 7 CLR:00 10.00 73 22.8 69 20.6 66 18.9 79 11 070 30.07 30.09 FM-15 0.00 30.10 27 2153 7 FEW:02 35 FEW:02 49 SCT:04 55 10.00 74 23.3 69 20.6 66 18.9 76 10 050 30.08 1 -0.04 30.10 FM-15 0.00 30.11 27 2253 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 7 040 30.08 30.10 FM-15 0.00 30.11 27 2353 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.06 30.08 FM-15 0.00 30.09 28 0053 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 030 30.05 8 +0.03 30.07 FM-15 0.00 30.08 28 0153 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 5 020 30.03 30.05 FM-15 0.00 30.06 28 0253 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 8 040 30.02 30.04 FM-15 0.00 30.05 28 0353 7 BKN:07 50 10.00 70 21.1 67 19.4 66 18.9 87 8 030 30.02 5 +0.03 30.04 FM-15 0.00 30.05 28 0453 7 FEW:02 55 10.00 69 20.6 67 19.4 66 18.9 90 7 030 30.03 30.05 FM-15 0.00 30.06 Page 220 of 886 28 0553 7 CLR:00 10.00 68 20.0 67 19.4 66 18.9 93 6 030 30.03 30.05 FM-15 0.00 30.06 28 0653 7 CLR:00 10.00 69 20.6 67 19.4 66 18.9 90 5 040 30.05 3 -0.03 30.07 FM-15 0.00 30.08 28 0753 7 CLR:00 10.00 72 22.2 69 20.6 67 19.4 84 9 050 30.06 30.09 FM-15 0.00 30.09 28 0853 7 CLR:00 10.00 77 25.0 71 21.7 68 20.0 74 10 060 30.07 30.09 FM-15 0.00 30.10 28 0953 7 CLR:00 10.00 81 27.2 72 22.2 68 20.0 65 18 080 25 30.08 1 -0.02 30.09 FM-15 0.00 30.11 28 1053 7 FEW:02 41 10.00 83 28.3 72 22.2 67 19.4 59 16 090 30.07 30.09 FM-15 0.00 30.10 28 1153 7 FEW:02 49 10.00 84 28.9 72 22.2 65 18.3 53 15 060 25 30.05 30.07 FM-15 0.00 30.08 28 1253 7 SCT:04 48 10.00 85 29.4 72 22.2 66 18.9 53 18 060 30.02 8 +0.06 30.04 FM-15 0.00 30.05 28 1353 7 SCT:04 48 10.00 85 29.4 72 22.2 65 18.3 51 16 070 30.00 30.02 FM-15 0.00 30.03 28 1453 7 FEW:02 50 10.00 86 30.0 72 22.2 64 17.8 48 22 090 29 29.98 30.01 FM-15 0.00 30.01 28 1553 7 CLR:00 10.00 84 28.9 72 22.2 65 18.3 53 18 080 29.98 6 +0.04 30.00 FM-15 0.00 30.01 28 1653 7 CLR:00 10.00 82 27.8 71 21.7 65 18.3 56 20 070 29.98 30.00 FM-15 0.00 30.01 28 1753 7 CLR:00 10.00 79 26.1 71 21.7 66 18.9 65 13 070 29.99 30.01 FM-15 0.00 30.02 28 1853 7 CLR:00 10.00 77 25.0 70 21.1 66 18.9 69 11 070 30.01 3 -0.03 30.03 FM-15 0.00 30.04 28 1953 7 CLR:00 10.00 75 23.9 70 21.1 67 19.4 76 11 070 30.02 30.04 FM-15 0.00 30.05 28 2053 7 CLR:00 10.00 74 23.3 69 20.6 67 19.4 79 8 060 30.03 30.05 FM-15 0.00 30.06 28 2153 7 CLR:00 10.00 73 22.8 69 20.6 67 19.4 81 7 050 30.03 1 -0.02 30.05 FM-15 0.00 30.06 28 2253 7 CLR:00 10.00 72 22.2 68 20.0 66 18.9 82 6 040 30.02 30.04 FM-15 0.00 30.05 28 2353 7 CLR:00 10.00 70 21.1 67 19.4 66 18.9 87 7 040 30.00 30.02 FM-15 0.00 30.03 Page 221 of 886 U.S. Department of Commerce National Centers for Environmental Information National Oceanic & Atmospheric Administration 151 Patton Avenue National Environmental Satellite, Data, and Information Service Asheville, North Carolina 28801 Current Location: Elev: 27 ft. Lat: 26.5381° N Lon: 81.7567° W Station: FORT MYERS SW FLORIDA REGIONAL AIRPORT, FL US WBAN:12894 (ICAO:KRSW) Local Climatological Data Hourly Precipitation October 2023 Generated on 12/01/2023 For Hour (LST) Ending at Date 1 AM 2 AM 3 AM 4 AM 5 AM 6 AM 7 AM 8 AM 9 AM 10 AM 11 AM NOON 1 PM 2 PM 3 PM 4 PM 5 PM 6 PM 7 PM 8 PM 9 PM 10 PM 11 PM MID Date 01 T T 0.01 T T 01 02 M M M M M M M M M M M M M M T 02 03 03 04 T T 04 05 05 06 06 07 07 08 08 09 T 09 10 10 11 0.07 T 0.01 11 12 0.11 0.32 0.03 0.07 0.01 0.04 T 0.01 0.01 0.01 T 12 13 T 0.02 0.12 0.04 T 0.04 1.09 0.63 0.01 T T T T 13 14 T T T T T 14 15 T 15 16 T 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 Maximum Short Duration Precipitation Time Period (Minutes)5 10 15 20 30 45 60 80 100 120 150 180 Precipitation (inches)0.34 0.50 0.56 0.59 0.84 1.10 1.44 1.69 1.69 1.75 1.77 1.77 Ending Date Time (yyyy-mm-dd hh:mi) 2023-10-13 09:05 2023-10-13 09:09 2023-10-13 09:14 2023-10-13 09:14 2023-10-13 08:37 2023-10-13 09:09 2023-10-13 09:06 2023-10-13 09:14 2023-10-13 09:14 2023-10-13 09:57 2023-10-13 10:15 2023-10-13 10:15 Hourly, daily, and monthly totals on the Daily Summary page and the Hourly Precipitation Table are shown as reported by the instrumentation at the site. However, NWS does not edit hourly values for its ASOS sites, but may edit the daily and monthly totals for selected sites which will be reflected on the Daily Summary page. T = Trace s = Suspect * = Erroneous blank = No precipitation observed M = Missing Page 222 of 886 APPENDIX E Page 223 of 886 KALEIDOSCOPE 5.6.3Bats of North America 5.4.0 S/A: 0 CORTOW EPTFUS EUMFLO LASBOR LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRANOID NOISEPresence PCORTOW EPTFUS EUMFLO LASBOR LASINT MOLMOL MYOAUS NYCHUM PERSUB TADBRA* * *126 13 23 203 14 1 850 205 1010519 31111 0.060656 0 1 010000Data * *126 13 23 203 14 1 850 205 1010519 31111 0.0606560101000020231011 *13 2 12 141 79 20 3639 1201 0.009602 0 0.058524 0.021938 1 0 0 3.7E06 020231014 *7 1 1 18 256 52 7746 4171 1 0 1 0.101235 1 1 0 0 020231015 *43 6 292 2 9050 2341 1 1 1 1 1 1 0 1 020231018 *352 72 357 30 12088 1841 0.004319 1 1 01100020231019 *151 36 1139 19 15063 4271 1 1 1 0.006556 1 1 0 0.000738 020231020 *12 14 265 7 14943 2831 1 0 1 1 1 1 0 0.181261 020231021 *4 1 1 4 389 25 13133 2251 1 0 1 1 1 1 0 0 020231022 *9 3 1 1775 7 10437 4281 1 0 1 0.661293 1 1 0 0.294472 020231023 *9 2 2 19133 31 8667 2681 1 0 1 0.128427 1 1 0 0 020231026 *18 313 165 12 6753 5251 0.003806 0 1 0.6531100.001048 0*Species for Auto ID (n=10) that fall within the range of the Florida bonneted bat in Collier County (USFWS). Page 224 of 886 INDIR OUTDIR FOLDER IN FILE CHANNEL OFFSET DURATIONOUT FILE FSOUT FILE ZCDATE TIME HOUR AUTO ID*PULSES MATCHINGMATCH RATIOMARGIN ALTERNATE 1N Fc Sc Dur Fmax Fmin Fmean TBC Fk Tk S1 Tc Qual FILES MANUAL ID D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231020_222048.wav0 0 4.378 CT1_20231020_222048_000.wav10/20/2023 22:20:48 22 EUMFLO 20 8 0.4 0.074732 TADBRA 20 20.589 18.12 6.032 25.269 19.154 21.508 176.495 21.114 2.471 164.61 3.782 6.28 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_233324.wav0 0 15 CT1_20231022_233324_000.wav10/22/2023 23:33:24 23 EUMFLO 17 6 0.353 0.093527 TADBRA 17 19.575 1.44 6.56 19.781 19.45 19.578 930.973 19.593 1.479 39.29 5.106 2.83 1 TADBRA 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D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231026_185341.wav0 0 8.404 CT1_20231026_185341_000.wav10/26/2023 18:53:41 18 EUMFLO 3 3 1 0.453382 3 8.499 8.5 3.641 8.754 8.146 8.422 2406.125 8.552 0.935 18.67 2.03 0.38 1 Noise D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231026_192337.wav0 0 5.1 CT1_20231026_192337_000.wav10/26/2023 19:23:37 19 EUMFLO 4 3 0.75 0.1502 4 19.248 8.88 4.776 19.722 19.143 19.33 1441.086 19.422 2.177 52.84 4.213 1.09 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231011_204940.wav0 0 2.01 CT1_20231011_204940_000.wav10/11/2023 20:49:40 20 EUMFLO 2 2 1 0.697102 2 14.354 12.43 6.363 15.489 14.287 14.783 1002.946 14.702 3.754 28.41 6.222 0.31 1 EUMFLO D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_045916.wav0 0 2.006 CT1_20231022_045916_000.wav10/22/2023 4:59:16 4 EUMFLO 2 1 0.5 0.949475 2 19.976 -9.17 6.244 20.101 19.656 19.851 692.286 19.829 0.4 -58.74 1.604 1.14 1 TADBRA D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Raw\CT1D:\FBB_2023_COLL_ECOWILD_CARNESTOWNX601_2023-0092905\Processed\CT1CT1_20231022_212759.wav0 0 2.01 CT1_20231022_212759_000.wav10/22/2023 21:27:59 21 EUMFLO 2 1 0.5 0.534251 2 19.443 7.48 7.791 19.829 19.348 19.546 763.058 19.586 2.954 35.87 6.448 0.54 1 TADBRA Page 225 of 886 APPENDIX F Page 226 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231026_214226_000.wav (normal) Page 227 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231026_214226_000.wav (compressed) Page 228 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204931_000.wav (normal) Page 229 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204931_000.wav (compressed) Page 230 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204940_000.wav (normal) Page 231 of 886 Carnestown X601Tower Florida Bonneted Bat Survey Report Collier County, Florida Project Code 2023-0092905 APPENDIX F – SCREEN CAPTURE OF KRPO SONOGRAM FOR POSITIVE FBB IDENTIFICATION CT-1_20231011_204940_000.wav (compressed) Page 232 of 886 APPENDIX E Page 233 of 886 1 Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Migratory Bird Program U. S. Fish and Wildlife Service Falls Church, Virginia March 2021 NOTE: These recommendations replace all previous recommendations for communication tower construction and operation. These recommendations have been modified and updated from previous versions to incorporate the state of the science and the 2020 Federal Aviation Administration Obstruction Marking and Lighting Advisory Circular AC 70/7460‐1M. Communication towers are some of the tallest structures across the landscape and birds are regularly found dead around these towers (Longcore et al. 2012a). It is not definitively understood why this mortality occurs, but evidence suggests that night‐migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast (i.e., low cloud ceiling), foggy, or other low visibility conditions (Cochran and Graber 1958, Avery et al. 1976, Ball et al. 1995, Erickson et al. 2005, Evans et al. 2007, Manville 2014, Gehring et al. 2009 and 2011, Longcore et al. 2012a). Birds aggregate in larger numbers at towers with non‐flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they dispe rse during the “off” phase (Larkin and Frase 1988; Gauthreaux and Belser 1999, 2006; Evans et al. 2007; Poot et al. 2008). Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas. Given the height, structural engineering needs (i.e., guy wires), and obstruction lighting requirements, communication towers may cause direct and indirect bird mortality through: 1. Collisions ‐ Birds that are attracted to tower lights and aggregate in the lighting zone, circle the tower and collide with the tower, guy wires, other birds, or fall to the ground from exhaustion (Longcore et al. 2012b, Gauthreaux and Belser 2006, Erickson et al. 2005). 2. Construction, operation, and maintenance activities ‐ Adults, eggs, or nestlings can experience direct mortality through: a. Trauma or death during vegetation removal; b. Trauma or death during tower maintenance; and c. Death of eggs or nestlings when actions or activities cause adults to abandon nests. 3. Significant loss of fat reserves in adults due to the energy expenditure of circling towers, leading to reduced survival during long migrations (Norris and Taylor 2006, Gehring and Walker 2012). The following avoidance and minimization measures, when used comprehensively, reduce the risk of bird mortality at communication towers: SITING AND CONSTRUCTION OF NEW TOWERS 1. Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office. http://www.fws.gov/offices/index.html 2. Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape. Page 234 of 886 2 3. Placement. All new towers should be sited to minimize environmental impacts to the maximum extent practicable. a. Place new towers within existing "antenna farms" (i.e., clusters of towers) when possible; b. Select already degraded areas for tower placement; c. Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal refuges, staging areas, rookeries, and Important Bird Areas), or in known migratory bird movement routes, daily movement flyways, areas of br eeding concentration, in habitat of threatened or endangered species, key habitats for Birds of Conservation Concern, or near the breeding areas (“leks”) of prairie grouse; d. Towers should avoid ridgelines, coastal areas, wetlands or other known bird concentration areas; and e. Towers and associated facilities should be designed, sited, and constructed so as to avoid or minimize habitat loss within and adjacent to the tower "footprint". In addition, several shorter, un‐guyed towers may be preferable to one, tall guyed, lit tower. 4. Construction. During construction, the following considerations can reduce the risk of t ake of birds: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of the project site, avo id the site until nestlings have fledged or the nest fails. If the activity must occur, establish a buffer zone around the nest and no activities will occur within that zone until nestlings have fledged. The dimension of the buffer zone will depend on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. c. Prevent the introduction of invasive plants during construction to minimize vegetation community degradation by: i. Use only native and local (when possible) seed stock for all temporary and permanent vegetation establishment; and ii. Use vehicle wash stations prior to entering sensitive habitat areas to prevent accidental introduction of non‐native plants. 5. Tower Design. Tower design should consider the following attributes: a. Tower Height. It is recommended that new towers should be not more than 199 ft. above ground level (AGL). This height increases the mean free airspace between the top of the tower and average bird flight height, even in weather conditions with reduced cloud ceiling; b. Guy Wires. We recommend using free standing towers such as lattice towers or monopole structures. If guy wires are required for tower design: i. The minimum number of guy wires necessary should be used; and ii. Guy wired towers that are proposed to be located in known raptor or waterbird concentrations areas, daily movement routes, major daytime migratory bird movement routes, staging areas, or stopover sites should have daytime visual markers or bird flight diverters installed on the guy wires to attempt to prevent daytime collisions. Page 235 of 886 3 c. Lighting System. Lights are a primary source of bird aggregation around towers, thus minimizing all light is recommended: i. No tower lighting is the preferred option if Federal Aviation Administration (FAA) regulations and lighting standards (FAA 2015, 2020, Patterson 2012) permit. ii. For some towers, the FAA can permit an Aircraft Detection Lighting System (ADLS), which maintains a communication tower of any height to be unlit until the ADLS radars detect nearby aircraft, at which time the tower lighting system is triggered to illuminate until the aircraft is out of radar range. iii. If taller (> 199 ft. AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting req uired by the FAA should be used. Unless otherwise required by the FAA, only white or red flashing lights should be used at night, and these should follow FAA obstruction and marking standards with regards to the minimum number of lights, minimum intensity (< 2,000 candela), and minimum number of flashes per minute (i.e., longest duration between flashes and "dark phase"). Avoid using non‐flashing warning lights at night (FAA 2015, 2020, Patterson 2012). Owners of existing towers lit with lighting systems that include non‐flashing lights should submit plans to the FAA explaining how and when they will transition to the new standards. iv. Security lighting for on‐ground facilities, equipment, and infrastructure should be motion‐ or heat‐sensitive, down‐shielded, and of a minimum intensity to reduce nighttime bird attraction and eliminate constant nighttime illumination while still allowing safe nighttime access to the site. OPERATION AND MAINTENANCE OF ALL TOWERS 1. Existing Tower Lighting. We recommend that towers be unlit, when allowed by FAA regulations. Light impacts can be minimized by: a. Extinguishing L‐810 non‐flashing red lights (USFWS 2007, 2011) on towers >350 ft. AGL or reconfiguring L‐810 non‐flashing red lights to flash at 30 FPM (+/‐ 3 FPM) in synchrony with other flashing obstruction lights on towers 150‐350 ft. AGL (FAA 2015, 2020); b. Extinguishing L‐810 red lights and reprogramming LED L‐810 lights; this can be done from the tower transmission building or remotely and does not require climbing the tower (FCC 20 20). A “lighting deviation” can be used to extinguish or eliminate L‐810 steady‐burning side lights from an existing registered tower taller than 350 ft. AGL and to reprogram L‐810 steady‐burning side lights to flash on registered towers 150‐350 ft. AGL. The following steps are necessary: 1. File a Marking and Lighting study electronically with the FAA requesting the elimination or omission non-flashing/steady-burning lights (L‐810) or requesting that steady‐burning lights flash with Form 7460‐1, Notice of Proposed Construction or Alteration. Designate structure type: “Deviation from Red Obstruction Light Standards.” 2. Once the FAA has approved the request and assigned a FAA Study Number, file Form 854 with the FCC via the Antenna Registration System (ASR). Please select “MD – Modification” and choose the appropriate FAA Lighting Style. The FCC typically will approve the application and modify the registration within 24 hours. 3. Once the lighting change for a tower has been granted by the FCC via ASR, the L‐81 0 steady‐burning side lights can be extinguished on towers taller than 350 ft. AGL and reprogramed to flash in concert with L‐864 lights on towers 150‐350 ft. AGL. Extinguishing L‐810 lights and reprogramming lights are typically accomplished in the tower transmission building and do not ordinarily require climbing the tower. Per the FAA requirements, flashing red lights should flash at 30 FPM (+/‐ 3 FPM). Page 236 of 886 4 2. Infrastructure Lighting. We recommend that existing infrastructure be unlit. If associated b uildings require security or operational lighting, minimize light trespass using motion sensors and down‐ shielding with minimum intensity light (USFWS 2011; Poot et al. 2008; Manville 2013; FCC 2014). 3. Vegetation Management. When management of facility infrastructure is required: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing, etc.) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed should depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of t he project site, the site should be avoided until nestlings have fledged or the nest fails. If the activity must occur, a buffer zone should be established around the nest and no activities should occur within that zone until nestlings have fledged. The dimension of the buffer zone depends on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. 4. Birds Nesting on Towers: If birds are nesting on communication towers that require maintenance activities, contact the state natural resource protection agency and/or the USFWS for permits, recommendations, and requirements. Schedule construction and maintenance activities around the nesting and activity schedule of protected birds. Minimize excess wires and securely attach wires to the tower structure to reduce the likelihood of birds becoming entangled on the tower. Consider installing a bird nest exclusion device on the towers where birds frequently nest. 5. Tower Access: Representatives from the USFWS or researchers should be allowed access to the site to evaluate bird use, conduct dead‐bird searches, and conduct other research, as necessary. DECOMMISSIONING Tower Removal. Towers no longer in use, not re‐licensed by the FCC for use, or determined to be obsolete should be removed from the site within 12 months of cessation of use, preferably sooner. REFERENCES Avery, M., P.F. Springer, and J.F. Cassel. 1976. The effects of a tall tower on nocturnal bird migration – a portable ceilometer study. Auk 93: 281‐292. Ball, L.G., K. Zyskowski, and G. Escalona‐Segura. 1995. Recent bird mortality at a Topeka television tower. Kansas Ornithological Society Bulletin 46: 33‐36. Cochran, W.W. and R.R. Graber. 1958. Attraction to nocturnal migrants by ligh ts on a television tower. Wilson Bulletin 70: 378‐380. Erickson W.P., G.D. Johnson, and D.P. Young. 2005. A summary and comparison of bird mortality from anthropogenic causes with emphasis on collisions. USFS Tech. Rep. PSWGTR‐191. Pp. 1029‐1042. Page 237 of 886 5 Evans, W.R., Y. Akashi, N.S. Altman, and A.M. Manville. 2007. Response of night‐migrating songbirds in cloud to colored and flashing light. North American Birds 60(4): 476‐488. Federal Aviation Administration. 2015. Obstruction marking and lighting. Adv isory Circular AC 70/7460‐ 1L. U.S. Department of Transportation. Federal Aviation Administration. 2016. FAA Acts to Reduce Bird Fatalities. http://www.faa.gov/news/updates/?newsId=85204 Federal Aviation Administration. 2020. Obstruction marking and lighting. Advisory Circular AC 70/7460‐ 1M. U.S. Department of Transportation. Federal Communications Commission. 2015. Opportunities to reduce bird collisions with communication towers while reducing tower lighting costs. http://wireless.fcc.gov/migratory‐ birds/Light_Changes_Information_Update_120415.pdf Gauthreaux, S.A. and C.G. Belser. 1999. The behavioral responses of migrating birds to d ifferent lighting systems on tall towers. In Transactions of the proceedings of the workshop on avian mortality at communication towers (eds. W.R. Evans and A.M. Manville). Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. In Ecological Consequences of Artificial Night Lighting (eds. C. Rich and T. Longcore), pp. 67‐93. Covelo, California: Island Press. Gehring, J., P. Kerlinger, and A.M. Manville. 2009. Communication towers, lights, and birds: Succ essful methods of reducing the frequency of avian collisions. Ecological Applications 19(2): 505 –514. Gehring, J., P. Kerlinger, and A.M. Manville. 2011. The role of tower height and guy wires on avian collisions with communication towers. Journal of Wildlife Management 75(4): 848‐855. Gehring, J. and K. Walter. 2012. Studies of avian collisions with communication towers: a quantification of a bird night flight calls at towers with different structural supports and the use of acoustics as an index of tower fatalities. Progress Report for U.S. Fish and Wildlife Service. MNFI Report Number: 2012‐ 29. Larkin, R.P. and B.A. Frase. 1988. Circular paths of birds flying near a broadcasting tower in cloud. Journal of Comparative Psychology 102: 90‐93. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012a. An estimate of avian mortality at communication towers in the United States and Canada. PLoS One 7(4): 1‐17. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012b. Avian mortality at communication towers in the United States and Canada: which species, how many, and where? Biological Conservation 158: 410‐419. Page 238 of 886 6 Manville, A.M. 2009. Towers, turbines, power lines, and buildings – steps being taken by the U.S. Fish and Wildlife Service to avoid or minimize take of migratory birds at these structures. In Tundra to tropics: Connecting habitats and people. Proceedings of the 4th International Partners in Flight Conference (eds. T.D. Rich, C. Arizendi, D. Demarest, and C. Thompson). Pp. 1‐11. Manville, A.M. 2013. Recommended Lighting Standards and Lighting Protocols for Structures Requiring Pilot Warning Lighting, and for Security Lighting Purposes. Technical Report, Division of Migratory Bird Management, U.S. Fish and Wildlife Service. Manville, A.M. 2014. Status of U.S. Fish and Wildlife Service developments with communication towers with a focus on migratory birds: Updates to Service staff involved with tower issues. Webinar Summary Talking Points. Pp. 14. Norris, D.R. and C.M. Taylor. 2006. Predicting the consequences of carry‐over effects for migratory populations. Biology Letters 2006(2): 148‐151. Patterson, J.W. 2012. Evaluation of new obstruction lighting techniques to reduce avian fatalities. Technical Note: DOT/FAA/TC‐TN12/9. Poot, H., B.J. Ens, H. de Vries, M.A.H. Donners, M.R. Wernand, and J.M. Marquenie. 2008. Green light for nocturnally migrating birds. Ecology and Society 13(2): 47. U.S. Fish and Wildlife Service. 2007. Comments of the U.S. Fish and Wildlife Service Submitted Electronically to the FCC on 47 CFR Parts 1 and 17, WT Docket No. 03‐187, FCC 06‐164, Notice of Proposed Rulemaking, "Effects of Communication Towers on Migratory Birds." February 2, 2007. 32 pp. U.S. Fish and Wildlife Service. 2011. Comments of the U.S. Fish and Wildlife Service’s Division of Migratory Bird Management Filed Electronically on WT Docket NO. 08‐61 and WT Docket No. 03‐187, Regarding the Environmental Effects of the Federal Communication Commission’s Antenna Structure Registration Program. January 14, 2011. 12 pp. Page 239 of 886 NEPA ENVIRONMENTAL SUMMARY REPORT AND CHECKLIST CARNESTOWN X601 TOWER ATLAS PROJECT NO: Z256340004 Location PREPARED FOR: Mr. James Fennell KCI Technologies Inc. 4041 Crescent Park Drive Riverview, Florida 33578 PREPARED BY: Atlas Technical Consultants LLC 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 September 15, 2023 Page 240 of 886 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 (813)889-8960 | oneatlas.com September 15, 2023 Atlas Project No. Z256340004 MR. JAMES FENNELL, P.E. KCI TECHNOLOGIES INC. 4041 CRESCENT PARK DRIVE RIVERVIEW, FLORIDA 33578 Subject: NEPA Environmental Summary Report and Checklist Carnestown X601 Tower 40808 Tamiami Trail East, Ochopee, Florida 34141 Dear Mr. Fennell: Atlas Technical Consultants (Atlas) is pleased to present this report for the proposed Carnestown X601 Tower project. It is our opinion that the proposed site will potentially affect the FCC special interest items outlined in 47 CFR 1.1307 (a)(1) through (8). Specifically, the proposed site is located within the Big Cypress National Preserve and may affect threatened and endangered species and critical habitats. Thus, the preparation of an Environmental Assessment is required. The findings of this NEPA Environmental Summary Report and Checklist are based on the project location, project type, and construction drawings provided by KCI Technologies Inc. (KCI). Should the project location, project type, and/or construction drawings be altered, additional review and re-submittal of the Section 106 consultation package may be required. We appreciate the opportunity to be of service to KCI for this project and look forward to working with you on future projects. Please contact the undersigned if you have any questions about information in this report. Respectfully submitted, Atlas Technical Consultants LLC Stephen Higgins Cason Commander Project Manager Branch Manager stephen.higgins@oneatlas.com cason.commander@oneatlas.com Page 241 of 886 Atlas Project No. Z256340004 Page | i CONTENTS 1. INTRODUCTION ................................................................................................................. 1 2. SITE INFORMATION .......................................................................................................... 1 3. NEPA ASSESSMENT......................................................................................................... 1 3.1 WILDERNESS AREAS .............................................................................................. 2 3.2 WILDLIFE PRESERVES ............................................................................................ 2 3.3 LISTED AND/OR PROPOSED THREATENED AND ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITATS ........................................................................ 3 3.3.1 Threatened and Endangered Species ........................................................... 3 3.3.2 USFWS Ecological Services Office ............................................................... 3 3.3.3 Migratory Birds .............................................................................................. 4 3.3.4 Designated Critical Habitats .......................................................................... 4 3.4 HISTORIC PLACES ................................................................................................... 4 3.5 INDIAN RELIGIOUS SITES ....................................................................................... 5 3.6 LOCATED IN A FLOODPLAIN (EXECUTIVE ORDER 11988) ................................... 6 3.7 WETLANDS AND OTHER WATER BODIES, CHANGE IN SURFACE FEATURES, DEFORESTATION AND WATER DIVERSION (SEE EXECUTIVE ORDER 11990 IF WETLANDS ARE ON A FEDERAL PROPERTY) ...................................................... 6 3.8 HIGH INTENSITY WHITE LIGHTS AND RADIOFREQUENCY (“RF”) RADIATION EXPOSURE ............................................................................................................... 7 4. CONCLUSIONS AND RECOMMENDATIONS ................................................................... 8 APPENDICES NEPA LAND USE CHECKLIST SITE LOCATION INFORMATION INFORMAL BIOLOGICAL ASSESSMENT DOCUMENTS FCC FORM 620 SHPO CONCURRENCE THPO DOCUMENTATION WILDERNESS, WILDLIFE, FEMA, AND NWI MAPS Page 242 of 886 Atlas Project No. Z256340004 Page | 1 1. INTRODUCTION Atlas has completed an environmental screening of the Federal Communications Commission (FCC) special interest items as outlined in Title 47 of the Code of Federal Regulations (47 CFR) Section 1.1307 (a) (1) through (8), for the new tower site designated as Carnestown X601 Tower (the “site”) located at 40808 Tamiami Trail East, Ochopee, Collier County, Florida. Florida Department of Management Services will be constructing the tower at this site for the purpose of providing wireless telecommunications service. For the purposes of this assessment, the site consists of the telecommunications facility, including the tower, lease area/tower compound, access easements (if any), and utility easements (if any). The site parcel includes the parcel of land on which the site is located, associated parking areas and access driveways. A completed NEPA Land Use Checklist is included in Appendix I. 2. SITE INFORMATION The site is located within Section 35, Township 52 South, Range 30 East of Collier County, Florida, as shown on the USGS Ochopee, Florida 7.5 Minute Series Topographic Quadrangle Map (Topographic), dated 2018. According to the topographic map, the site is located less than 5 feet above mean sea level. The area of the site is relatively level with no obvious slope. According to the Collier County Property Appraiser on-line web site, the site is located on a larger parent parcel identified as Parcel Number 01148440000 owned by the Collier County Board of Commissioners. Greater Naples Fire Rescue Fleet Management occupies and operates at the parent parcel. The surrounding area is primarily swamp land with sparse commercial development along Tamiami Trail East. Florida Department of Management Services proposes to develop the site with an irregular- shaped 5,235 square-foot telecommunications compound. The compound will be improved with a 350-foot self-support tower located in the southwestern portion of the tower compound. Future tenants will install related telecommunications equipment within designated lease areas inside of the fenced compound. Access/egress and utilities will be provided by a 20-foot wide non- exclusive easement leading from the right-of-way along Tamiami Trail East to the northwest. Site maps and location documentation are included in Appendix II. 3. NEPA ASSESSMENT This report was completed in accordance with Atlas Technical Consultants (Atlas) and KCI Technologies Inc. Client Service Agreement dated April 21, 2023. The NEPA Land Use Checklist table and supporting documentation are attached to this report. In accordance with 47 CFR Section 1.1307 (a) (1) through (8), an evaluation was made to determine whether any of the listed FCC special interest items would be significantly affected if a tower structure and/or antenna and associated equipment were constructed at the proposed site location. In the event that the site affects one of the items, the FCC requires that an Environmental Assessment (EA) be prepared Page 243 of 886 Atlas Project No. Z256340004 Page | 2 regarding that particular item. Atlas conducted this research by consulting with appropriate state and federal agency personnel and reviewing readily available published data. Site selection criterion was based on the need for coverage in the area and the desire to avoid or minimize possible environmental impact (as defined in 47 CFR). Other important factors included site accessibility, construction and other logistical considerations, and financial requirements. The site selection process results from one of three outcomes: (1) selected site; (2) site alternatives to the selected site; and (3) no action. The no action alternative was not considered since it would not meet the project’s objectives. The selected site was best able to meet all of the above outlined criteria and is the preferred alternative. 3.1 WILDERNESS AREAS In addressing the issue of officially designated wilderness areas, Atlas reviewed information from the National Wilderness Preservation System (NWPS, http://www.wilderness.net/nwps). The NWPS is comprised of lands designated as wilderness areas by the United States Forest Service (USFS), United States Fish and Wildlife Service (USFWS), United States Bureau of Land Management (BLM), and the National Park Service (NPS). There are currently 803 wilderness areas in the United States, 17 of which are located in the State of Florida. According to the NWPS information reviewed, the site is not located within a designated wilderness area. Documentation is included in Appendix VII. Wilderness areas are also delineated on USGS 7.5-minute series topographic quadrangle maps. Therefore, Atlas reviewed the USGS Ochopee, Florida quadrangle map for evidence of wilderness areas in the vicinity of the proposed site. According to the USGS map reviewed, the site is not located in a designated wilderness area. 3.2 WILDLIFE PRESERVES In addressing the issue of designated wildlife preserves, Atlas reviewed information from the USFWS National Wildlife Refuge System (https://www.fws.gov/our- facilities?type=%5B%22National%20Wildlife%20Refuge%22%5D) and information from the NPS (https://www.nps.gov/state/fl/index.htm), which maintain listings of National Wildlife Refuges (NWRs) and wildlife preserves in the United States. According to the information reviewed, the site is located within the Big Cypress National Preserve. The freshwaters of the Big Cypress Swamp, essential to the health of the neighboring Everglades, support the rich marine estuaries along Florida's southwest coast. Conserving over 729,000 acres of this vast swamp, Big Cypress National Preserve contains a mixture of tropical and temperate plant communities that are home to diverse wildlife, including the Endangered Florida panther. Documentation is included in Appendix VII. Based on the findings of this review, the proposed site is located in the Big Cypress National Preserve and further consultation with the NPS is warranted. Page 244 of 886 Atlas Project No. Z256340004 Page | 3 3.3 LISTED AND/OR PROPOSED THREATENED AND ENDANGERED SPECIES OR DESIGNATED CRITICAL HABITATS Section 7 of the Endangered Species Act of 1973 as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.), the Bald and Golden Eagle Protection Act, (16 U.S.C. 668-668d) (Eagle Act), and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 701 et seq.) charges the U.S. Fish and Wildlife Service (USFWS) as the lead Federal Agency with the protection and conservation of Federal Trust Resources, including threatened and endangered species and migratory birds. Section 7 of the Act requires that each Federal agency, in consultation with the Service, ensure their actions are not likely to jeopardize the existence of any Federally listed threatened or endangered species or result in the adverse modification of critical habitat designated for these species. The following represents a review for potential adverse effects to Federally listed threatened or endangered species and critical habitats as a result of the proposed activities. 3.3.1 Threatened and Endangered Species In order to evaluate if the site is located in an area documented to have occurrences of listed and/or proposed threatened or endangered species, Atlas reviewed the following: Species and Natural Community Summary for Collier County provided by the Florida Natural Areas Inventory (FNAI) (http://www.fnai.org/), USFWS Information, Planning and Conservation (IPaC) System Endangered Species Act List (http://ecos.fws.gov/ipac/). According to the FNAI, (1) documented, (4) likely and (19) potential, rare species or natural communities were identified within the biodiversity matrix searched. Atlas also obtained an Official Species List from the South Florida Ecological Services USFWS Field Office, which identified 17 threatened, endangered, or candidate species that may occur within the boundary of the project. FNAI and IPaC information reviewed is included in Appendix III. 3.3.2 USFWS Ecological Services Office The Florida Ecological Service Office issued a Clearance to Proceed with Communication Tower Project in Florida (Key) letter on November 6, 2020. The Key was developed for consultation with the FCC or other Federal agencies for new tower construction, co-location of antennas on existing communication towers or other structures, and the repair, maintenance or relicensing of existing structures. The questions in the determination Key are intended to assist the lead action agency in evaluating whether the proposed action will result in adverse effects to a species protected under the Act. According to IPaC, the proposed project area is outside of the scope of the Key. Copies of the Key and IPaC determination are included in Appendix III. Page 245 of 886 Atlas Project No. Z256340004 Page | 4 3.3.3 Migratory Birds The USFWS has made the following recommendations that may help reduce potential bird/tower strikes: Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office (www.fws.gov/offices/index.html); Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape; All new towers should be sited to minimize environmental impacts to the maximum extent practicable; During construction, the consideration should be given to reduce the risk of take of birds; and Tower design should consider attributes such as: tower height, use of guy wires, lighting systems. Please note that a copy of the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning issued by the USFWS is included in Appendix III. As the noted recommendations may minimize the potential for avian collisions, the USFWS has recommended that these guidelines be implemented on existing and future telecommunication tower projects. 3.3.4 Designated Critical Habitats According to the USFWS, critical habitat “identifies specific areas that have the physical and biological features that are essential to the conservation of a listed species, and that may require special management considerations or protection.” According to the Official Species List from the USFWS Florida Ecological Field Services, the proposed project lies wholly or partially within the proposed critical habitat for the Florida Bonneted Bat. Critical Habitat information reviewed is included in Appendix III. Based on the findings of this review, the proposed site may affect threatened and endangered species and critical habitats, and further evaluation of biological resources including Section 7 consultation with USFWS is warranted. 3.4 HISTORIC PLACES Section 106 of the National Historic Preservation Act of 1966 (NHPA, 16 U.S.C. §§ 470 et seq.) and its implementing regulations, “Protection of Historic Properties” (36 CFR Part 800), require federal agencies to take into account the effects of their undertakings on historic properties. Atlas contracted with PaleoWest to complete a New Tower (“NT”) submission packet for the proposed Carnestown X601 Tower (FCC Form 620). The report was submitted to the Division of Page 246 of 886 Atlas Project No. Z256340004 Page | 5 Historical Resources (DHR) and Florida State Historic Preservation Officer (SHPO) for their review and comment on June 29, 2023. PaleoWest and Atlas recommended a finding of no historic properties in the area of potential effects (APE) for direct effects and no adverse visual effects on historic properties in the APE. A copy of the FCC Form 620 is included in Appendix IV. In a response dated August 10, 2023, the SHPO concurred with PaleoWest and Atlas that no historic properties will be affected (directly or indirectly) by the proposed undertaking. A copy of the SHPO concurrence response is included in Appendix V. As required by the NHPA, public participation was solicited and other potentially interested parties were notified of the proposed project. A Public Notice was posted in the Collier Conty Business Observer on June 30, 2023, and notifications were sent to the local government and historical society inviting review and comment of the new tower and proposed undertaking by the general public. As of the date of this report, no opposing comment has been received. If an opposing comment is received, T-Mobile will be notified immediately in an addendum to this report. Based on the response from the SHPO, no further investigation regarding historic property issues appears warranted at this time. 3.5 INDIAN RELIGIOUS SITES Section 106 of the NHPA and its implementing regulations, “Protection of Historic Properties” (36 CFR Part 800), require consultation with Native American tribal groups regarding proposed projects and potential impacts to Native American religious sites. Atlas submitted construction notification regarding the proposed undertaking to the FCC Tower Construction Notification System (TCNS). TCNS reference identification number 268653 was issued for the proposed project. The Form 620 and associated information was sent to the FCC on June 29, 2023 who forwarded the information on to all federally-recognized American Indian Tribes with expressed interest in the area of the site. Six (6) American Indian Tribes were identified that may attach religious and cultural significance to historic properties in the area of the site. American Indian Tribe Finding Miccosukee Tribe of Indians of Florida No interest in pre-construction review Seminole Tribe of Florida Referred to the FCC and received no response Seminole Nation of Oklahoma No interest in pre-construction review Muscogee (Creek) Nation Received no response. FCC notified and multiple attempts to contact were made. Page 247 of 886 Atlas Project No. Z256340004 Page | 6 Eastern Shawnee Tribe of Oklahoma Responded “No adverse effect” Thlopthlocco Tribal Town Referred to the FCC and received no response Based on the responses or lack of responses from the interested American Indian tribes, no further investigation regarding religious American Indian issues appears warranted at this time. Please refer to Appendix VI for documentation of the American Indian tribal notifications and responses. 3.6 LOCATED IN A FLOODPLAIN (EXECUTIVE ORDER 11988) Atlas reviewed the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) flood zone information for the site. The site is located in Zone AE of the Collier County Unincorporated Areas FIRM, Community Panel Number 12021C0920H, dated May 16, 2012. Zone AE is identified by FEMA as a Special Flood Hazard Area (SFHA). SFHA are defined as the area that will be inundated by the flood event having a 1-percent chance of being equaled or exceeded in any given year. The 1-percent annual chance flood is also referred to as the base flood or 100-year flood. According to FEMA, the base flood elevation in the area of the site is 7 feet. A copy of the FEMA FIRM is included in Appendix VII. It is Atlas’ understanding that the facility, including all equipment will be situated at least one (1) foot above the base flood elevation. According to the Accelerating Wireless Deployment by Removing Barriers to Infrastructure Investment, Second Report and Order, adopted March 22, 2018, the requirement that applicants file an EA for facilities to be constructed on a flood plain has been eliminated, provided that the facilities, including all associated equipment, are constructed at least one foot above the base flood elevation. 3.7 WETLANDS AND OTHER WATER BODIES, CHANGE IN SURFACE FEATURES, DEFORESTATION AND WATER DIVERSION (SEE EXECUTIVE ORDER 11990 IF WETLANDS ARE ON A FEDERAL PROPERTY) Under the Clean Water Act (40 CFR § 230.3), wetlands are defined as “those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” Potential wetlands under the jurisdiction of the United States Army Corps of Engineers (ACOE) include waterways, lakes, streams, and natural springs. According to the USFWS publication Classification of Wetlands and Deepwater Habitats of the United States, wetlands are defined as “…lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate Page 248 of 886 Atlas Project No. Z256340004 Page | 7 is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.” In addition, the USFWS states that the “term wetland includes a variety of areas that fall into one of five categories: (1) areas with hydrophytes and hydric soils, such as those commonly known as marshes, swamps, and bogs; (2) areas without hydrophytes but with hydric soils–for example, flats where drastic fluctuation in water level, wave action, turbidity, or high concentration of salts may prevent the growth of hydrophytes; (3) areas with hydrophytes but nonhydric soils, such as margins of impoundments or excavations where hydrophytes have become established but hydric soils have not yet developed; (4) areas without soils but with hydrophytes such as the seaweed- covered portion of rocky shores; and (5) wetlands without soil and without hydrophytes, such as gravel beaches or rocky shores without vegetation.” The USGS Ochopee, Florida topographic map, does not depict surface water features in the immediate vicinity of the site; however, wetlands were depicted throughout the area. The National Wetlands Inventory (NWI) map depicts wetlands surrounding the area of the site, but not in the locations of the site. Atlas attempted to review soil data from the National Resource Conservation Service online Web Soil Survey; however, no soil data was available for the area of the site. According to soil data provided by Environmental Data Resources obtained from the Soil Conservation Service, Riviera fine sand is the predominant soil type underlying the site. These soils are very poorly drained and depth to the water table is generally less than 1 foot. These soils are clayey, have a high water table, or are shallow to an impervious layer. These soils meet the requirements for hydric soil. A copy of the NWI map is included in Appendix VII. During the completion of the site inspection performed by Atlas, there was no evidence of potential wetlands or hydrophytic vegetation in the area of the site, which was observed to be an area of maintained landscaping. Deforestation is not proposed for the project, as the site is not forested. In addition, water diversion and impacts to surface water features are not anticipated to be a result of the project. Based on the referenced information, wetlands, surface features, deforestation and water diversion are not anticipated to represent an environmental concern for the development of the site. 3.8 HIGH INTENSITY WHITE LIGHTS AND RADIOFREQUENCY (“RF”) RADIATION EXPOSURE It is Atlas’ understanding that Florida Department of Management Services will follow FAA requirements as the relates to lighting system requirements for the site development. It is Atlas’ understanding that Florida Department of Management Services will comply with radio frequency (RF) radiation exposure limits in accordance with FCC-adopted guidelines (47 CFR § 1.1307b) and the tower and all associated antennas will comply with the RF exposure standards as provided within 47 CFR §§ 1.1310 and 2.1093. Page 249 of 886 Atlas Project No. Z256340004 Page | 8 4. CONCLUSIONS AND RECOMMENDATIONS Based on the review of the readily available published lists, files, and maps regarding FCC issues, the proposed Carnestown X601 Tower and the proposed site will potentially affect the FCC special interest items outlined in 47 CFR 1.1307 (a)(1) through (8). Specifically, the proposed site is located within the Big Cypress National Preserve and may affect threatened and endangered species and critical habitats. Thus, the preparation of an Environmental Assessment is required. Page 250 of 886 NEPA LAND USE CHECKLIST Page 251 of 886 NEPA LAND USE CHECKLIST Prepared for KCI Technologies LLC Site Name: Carnestown X601 Site Address: 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Coordinates (NAD 83): Lat: 25° 53’ 42.8” N Lon: 81° 16’ 54.0” W Check one box NEPA Category Yes No 1. Will the facility be located in an officially designated wilderness area? X 2. Will the facility be located in an officially designated wildlife preserve? X 3. May the facility effect listed, threatened or endangered species or designated critical habitats? Is the facility likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats? X 4. May the facility affect districts, sites, buildings, structures, or objects listed, or Eligible for listing, in the National Register of Historic Places? X 5. May the facility affect Native American religious sites? X 6. Will the facility be located in a flood plain? X 7. Will the construction of the facility involve a significant change in surface features (e.g.,wetland fill, deforestation, water diversion)? X 8. Is the site located in or near a residential neighborhood, as defined by the applicable zoning law? If so, will the antenna tower and/or supporting structure be equipped with high intensity white lights? If not categorically excluded from routine environmental evaluation for RF exposure, would the proposed facility potentially cause human exposure levels of RF radiation in excess of the limits specified in the FCC’s rules? X The undersigned has reviewed and approved the completion of this NEPA Checklist for the above-mentioned site. Prepared by: Atlas Technical Consultants LLC, 5602 Thompson Center Court, Suite 405, Tampa, Florida 33634 Signature: Title: Project Manager Printed Name: Stephen Higgins Date: September 15, 2023 Page 252 of 886 SITE LOCATION INFORMATION Page 253 of 886 APPENDIX II SCALE:1:24000 DRAWN BY: CA DATE: 06/2023 FILE: SITE VICINITY REVIEWED BY: SH SOURCE:USGS Topographic Map, Ochobee, Florida Quadrangle, 7.5 Minute Series, dated 2018 5602 THOMPSON CENTER COURT, STE 405 TAMPA, FLORIDA 33634 813.889.8960 PROJECT NO.: Z256340004 APPENDIX II SITE VICINITY MAP CARNESTOWN X 601 40808 Tamiami Trail East Ochopee, Florida 34141 Page 254 of 886 5602 THOMPSON CENTER COURT, STE 405 TAMPA, FLORIDA 33634 813.889.8960 PROJECT NO.: Z256340004 APPENDIX II SCALE:N/A DRAWN BY: CA DATE: 06/ 2023 FILE: SITE PLAN REVIEWED BY: SH APPENDIX II SITE PLAN Carnestown X 601 40808 Tamiami Trail East Ochopee, Florida 34141 SOURCE:Google Earth, 2023 = Subject Property boundaries Undeveloped Undeveloped undeveloped 40800 Tamiami Trail EastUndeveloped Page 255 of 886 INFORMAL BIOLOGICAL ASSESSMENT DOCUMENTS Page 256 of 886 Page 257 of 886 Page 258 of 886 June 13, 2023 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 Phone: (772) 562-3909 Fax: (772) 562-4288 Email Address: fw4flesregs@fws.gov In Reply Refer To: Project Code: 2023-0092905 Project Name: Carnestown X601 Tower Subject:List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please include your Project Code, listed at the top of this letter, in all subsequent correspondence regarding this project. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. Page 259 of 886 06/13/2023 2 A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project-related stressors or minimize the exposure of birds and their resources to the project-related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of Page 260 of 886 06/13/2023 3 ▪ ▪ ▪ ▪ this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List USFWS National Wildlife Refuges and Fish Hatcheries Migratory Birds Wetlands Page 261 of 886 06/13/2023 1 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Florida Ecological Services Field Office 1339 20th Street Vero Beach, FL 32960-3559 (772) 562-3909 Page 262 of 886 06/13/2023 2 PROJECT SUMMARY Project Code:2023-0092905 Project Name:Carnestown X601 Tower Project Type:Communication Tower New Construction Project Description:Construction of 350-foot self-support telecommunications tower situated within a 5,235 square-foot fenced compound. Access and utilities leading from Tamiami Trail East to the northeast. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@25.895067,-81.28161911428572,14z Counties:Collier County, Florida Page 263 of 886 06/13/2023 3 1. ENDANGERED SPECIES ACT SPECIES There is a total of 17 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Florida Bonneted Bat Eumops floridanus There is proposed critical habitat for this species. Your location overlaps the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8630 Endangered Florida Panther Puma (=Felis) concolor coryi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1763 Endangered Puma (=mountain Lion) Puma (=Felis) concolor (all subsp. except coryi) Population: FL No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6049 Similarity of Appearance (Threatened) 1 Page 264 of 886 06/13/2023 4 BIRDS NAME STATUS Audubon's Crested Caracara Polyborus plancus audubonii Population: FL pop. No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8250 Threatened Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Threatened Everglade Snail Kite Rostrhamus sociabilis plumbeus There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/7713 Endangered Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered REPTILES NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Eastern Indigo Snake Drymarchon couperi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/646 Threatened Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened FISHES NAME STATUS Gulf Sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/651 Threatened Page 265 of 886 06/13/2023 5 INSECTS NAME STATUS Bartram's Hairstreak Butterfly Strymon acis bartrami There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4837 Endangered Florida Leafwing Butterfly Anaea troglodyta floridalis There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6652 Endangered Miami Blue Butterfly Cyclargus (=Hemiargus) thomasi bethunebakeri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3797 Endangered Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate FLOWERING PLANTS NAME STATUS Florida Prairie-clover Dalea carthagenensis floridana Population: There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/2300 Endangered CRITICAL HABITATS There is 1 critical habitat wholly or partially within your project area under this office's jurisdiction. NAME STATUS Florida Bonneted Bat Eumops floridanus https://ecos.fws.gov/ecp/species/8630#crithab Proposed Page 266 of 886 06/13/2023 1 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Page 267 of 886 06/13/2023 1 1. 2. 3. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Breeds Apr 1 to Aug 31 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Breeds Sep 1 to Jul 31 1 2 Page 268 of 886 06/13/2023 2 NAME BREEDING SEASON Great Blue Heron Ardea herodias occidentalis This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Jan 1 to Dec 31 King Rail Rallus elegans This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8936 Breeds May 1 to Sep 5 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Breeds elsewhere Mangrove Cuckoo Coccyzus minor This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Apr 20 to Aug 20 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Short-billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Breeds Mar 10 to Jun 30 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see Page 269 of 886 06/13/2023 3 1. 2. 3. no data survey effort breeding season probability of presence below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel BCC - BCR Page 270 of 886 06/13/2023 4 ▪ ▪ ▪ Bald Eagle Non-BCC Vulnerable Great Blue Heron BCC - BCR King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Mangrove Cuckoo BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Short-billed Dowitcher BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits Page 271 of 886 06/13/2023 5 1. may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); Page 272 of 886 06/13/2023 6 2. 3. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, Page 273 of 886 06/13/2023 7 should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Page 274 of 886 06/13/2023 1 WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. Page 275 of 886 06/13/2023 2 IPAC USER CONTACT INFORMATION Agency:Private Entity Name:Stephen Higgins Address:5602 Thompson Center Court, Suite 405 City:Tampa State:FL Zip:33634 Email stephen.higgins@oneatlas.com Phone:8138898960 LEAD AGENCY CONTACT INFORMATION Lead Agency:Federal Communications Commission Name:Stephen Higgins Email:stephen.higgins@oneatlas.com Page 276 of 886 United States Department of the Interior FISH AND WILDLIFE SERVICE Florida Ecological Services Office 1339 20th Street Vero Beach, Florida 32960 U.S. Fish and Wildlife Service Clearance to Proceed with Communication Tower Projects in Florida November 6, 2020 This Clearance to Proceed with Communication Tower Projects (Key) letter revises and replaces all prior versions of communication tower clearance letters within the State of Florida. This Key is only for use within the State of Florida. The U.S. Fish and Wildlife Service (Service) is the lead Federal Agency charged with the protection and conservation of Federal Trust Resources, including threatened and endangered species and migratory birds, in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.), the Bald and Golden Eagle Protection Act, (16 U.S.C. 668-668d) (Eagle Act), and the Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 701 et seq.). Section 7 of the Act requires that each Federal agency, in consultation with the Service, ensure their actions are not likely to jeopardize the existence of any Federally listed threatened or endangered species or result in the adverse modification of critical habitat designated for these species. The Key was developed for consultation with the Federal Communications Commission (FCC) or other Federal agencies for new tower construction, co-location of antennas on existing communication towers or other structures, and the repair, maintenance or relicensing of existing structures. When proposed projects have the potential to effect bald and golden eagles, or other migratory birds, additional consultation with the Migratory Bird office may be necessary, please visit: https://www.fws.gov/birds/management/managed-species/bald-and-golden-eagle-information.php and https://www.fws.gov/birds/index.php. Pursuant to section 7 of the Act, the lead action agency must review the best available data and exercise their responsibility to support determinations with clear and substantial information. The questions in the determination Key are intended to assist the lead action agency in evaluating whether the proposed action will result in adverse effects to a species protected under the Act. The responses to each of the questions in the determination Key should be considered within the context of the proposed action and site-specific information. If the lead action agency is aware of a nuance in a project that makes it different from the Key, then the lead action agency always has the option not to use the Key and make a determination based on their best professional judgement. In all cases, the lead action agency should document the reasoning behind their determination. Please request technical assistance from the Service for the proposed action if you would like additional guidance in evaluating whether the species is likely to be present and how the proposed action is likely to affect the species. Page 277 of 886 Page 2 The purpose of this Key is to assist the FCC, the non-federal designee of the FCC, or other Federal agencies in making appropriate effects determinations for communication tower projects under section 7 of the Act within the State of Florida. The Key is intended to streamline consultation with the Service when the proposed action can be walked through the Key and the appropriate conclusion is the proposed action will have no effect on listed species. For towers where the Service believes that further evaluation of the proposed tower is necessary, the Key recommends contacting the local field office and requesting consultation. The Service intends to develop this Key further in the future to provide concurrence for some proposed towers where the proposed project may affect, but is not likely to adversely affect listed species. Therefore, the Service highly recommends continuing to check this site for improvements and additional streamlining opportunities for similar actions. Currently, this Key is not applicable to proposed actions that occur within the consultation area for the Florida bonneted bat (Eumops floridanus). No Effect Determinations: The following provides supporting rationale for no effect determinations. In order to avoid adverse effects to listed avian species from lighting on proposed communication towers and support a no effect determination for any tower in this Key, the applicant must implement the most current Federal Aviation Administration’s obstruction marking and lighting circular (https://www.fws.gov/birds/management/project-assessment-tools- and-guidance/guidance-documents/communication-towers.php). The link to this guidance as well as additional information and guidance from the Service and FCC on how to minimize and avoid impact to birds are posted our national a web site: https://www.fws.gov/birds/management/project-assessment-tools-and-guidance/guidance- documents/communication-towers.php Proposed projects that are co-located on an existing communication tower and do not increase the height of the tower more than 10 feet (3.05 meters) and do not include any ground disturbance, are considered to be consistent with the current structure and no adverse effects are expected for the addition of the new feature. The Key screens the remaining proposed tower projects that were new or co-located and will increase the height of the tower by more than 10 feet (3.05 meters) with a sensitive features layer to ensure the proposed action would be consistent with a no effect determination. This layer excludes towers proposed in Bay County, conservation lands, within 2,500 feet (762 meters) of a wood stork (Mycteria americana) colony, within 1 mile (1.6 meters) of the coastal shoreline (for piping plovers [Charadrius melodus] and red knots [Calidris canutus rufa]), pine rockland habitat, and scrub habitat. Proposed projects that fall outside these areas are considered further for potential affects to listed species. The next screen that is applied to support a conclusion that the proposed project would have no effect to listed species is whether the proposed action would include any ground disturbance. To Page 278 of 886 Page 3 support a conclusion of no effect, when a proposed tower includes ground disturbance it must occur outside any designated critical habitat, as well as outside the consultation area for the blue- tailed mole skink (Eumeces egregius lividus), eastern indigo snake (Drymarchon corais couperi), and sand skink (Neoseps reynoldsi). Furthermore, the proposed tower must occur in a currently developed site (i.e., previously disturbed, urbanized, developed). Conclusion: For any project that meets the aforementioned screening criteria, use of the Key will provide documentation that they proposed project does not warrant additional consultation under the Act. For any proposed tower that does not meet the aforementioned screening criteria, the Service recommends further consultation. As described above, we anticipate that these activities have the potential to adversely affect a species protected under the Act and further evaluation is warranted. The consultation may conclude informally or formally. For these proposed projects, the Service strongly encourages applicants to implement Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning, dated April 2018, guidance letter from the Division of Migratory Bird Management, to avoid and minimize potential adverse effects to migratory birds and birds protected under the Act. If later modifications are made to the project so that it no longer meets the criteria described above, if additional information involving potential effects to listed species becomes available, or if a new species is listed, reinitiation of consultation may be necessary. If you have any questions, please contact us at 772-562-3909. Thank you for your effort and cooperation in protecting federally listed threated and endangered species and other wildlife resources in Florida. Sincerely yours, Larry Williams State Supervisor, Florida Ecological Services Page 279 of 886 Page 280 of 886 Page 281 of 886 1 Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning Migratory Bird Program U. S. Fish and Wildlife Service Falls Church, Virginia March 2021 NOTE: These recommendations replace all previous recommendations for communication tower construction and operation. These recommendations have been modified and updated from previous versions to incorporate the state of the science and the 2020 Federal Aviation Administration Obstruction Marking and Lighting Advisory Circular AC 70/7460‐1M. Communication towers are some of the tallest structures across the landscape and birds are regularly found dead around these towers (Longcore et al. 2012a). It is not definitively understood why this mortality occurs, but evidence suggests that night‐migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast (i.e., low cloud ceiling), foggy, or other low visibility conditions (Cochran and Graber 1958, Avery et al. 1976, Ball et al. 1995, Erickson et al. 2005, Evans et al. 2007, Manville 2014, Gehring et al. 2009 and 2011, Longcore et al. 2012a). Birds aggregate in larger numbers at towers with non‐flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they dispe rse during the “off” phase (Larkin and Frase 1988; Gauthreaux and Belser 1999, 2006; Evans et al. 2007; Poot et al. 2008). Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas. Given the height, structural engineering needs (i.e., guy wires), and obstruction lighting requirements, communication towers may cause direct and indirect bird mortality through: 1. Collisions ‐ Birds that are attracted to tower lights and aggregate in the lighting zone, circle the tower and collide with the tower, guy wires, other birds, or fall to the ground from exhaustion (Longcore et al. 2012b, Gauthreaux and Belser 2006, Erickson et al. 2005). 2. Construction, operation, and maintenance activities ‐ Adults, eggs, or nestlings can experience direct mortality through: a. Trauma or death during vegetation removal; b. Trauma or death during tower maintenance; and c. Death of eggs or nestlings when actions or activities cause adults to abandon nests. 3. Significant loss of fat reserves in adults due to the energy expenditure of circling towers, leading to reduced survival during long migrations (Norris and Taylor 2006, Gehring and Walker 2012). The following avoidance and minimization measures, when used comprehensively, reduce the risk of bird mortality at communication towers: SITING AND CONSTRUCTION OF NEW TOWERS 1. Contact with USFWS Field Office. Communicate project plans to nearest USFWS Field Office. http://www.fws.gov/offices/index.html 2. Co‐location. Co‐locate communications equipment on existing communication towers or other structures (e.g., billboard, water and transmission tower, distribution pole, or building mounts). This recommendation is intended to reduce the number of towers across the landscape. Page 282 of 886 2 3. Placement. All new towers should be sited to minimize environmental impacts to the maximum extent practicable. a. Place new towers within existing "antenna farms" (i.e., clusters of towers) when possible; b. Select already degraded areas for tower placement; c. Towers should not be sited in or near wetlands, other known bird concentration areas (e.g., state or federal refuges, staging areas, rookeries, and Important Bird Areas), or in known migratory bird movement routes, daily movement flyways, areas of br eeding concentration, in habitat of threatened or endangered species, key habitats for Birds of Conservation Concern, or near the breeding areas (“leks”) of prairie grouse; d. Towers should avoid ridgelines, coastal areas, wetlands or other known bird concentration areas; and e. Towers and associated facilities should be designed, sited, and constructed so as to avoid or minimize habitat loss within and adjacent to the tower "footprint". In addition, several shorter, un‐guyed towers may be preferable to one, tall guyed, lit tower. 4. Construction. During construction, the following considerations can reduce the risk of t ake of birds: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed vary and will depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of the project site, avo id the site until nestlings have fledged or the nest fails. If the activity must occur, establish a buffer zone around the nest and no activities will occur within that zone until nestlings have fledged. The dimension of the buffer zone will depend on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. c. Prevent the introduction of invasive plants during construction to minimize vegetation community degradation by: i. Use only native and local (when possible) seed stock for all temporary and permanent vegetation establishment; and ii. Use vehicle wash stations prior to entering sensitive habitat areas to prevent accidental introduction of non‐native plants. 5. Tower Design. Tower design should consider the following attributes: a. Tower Height. It is recommended that new towers should be not more than 199 ft. above ground level (AGL). This height increases the mean free airspace between the top of the tower and average bird flight height, even in weather conditions with reduced cloud ceiling; b. Guy Wires. We recommend using free standing towers such as lattice towers or monopole structures. If guy wires are required for tower design: i. The minimum number of guy wires necessary should be used; and ii. Guy wired towers that are proposed to be located in known raptor or waterbird concentrations areas, daily movement routes, major daytime migratory bird movement routes, staging areas, or stopover sites should have daytime visual markers or bird flight diverters installed on the guy wires to attempt to prevent daytime collisions. Page 283 of 886 3 c. Lighting System. Lights are a primary source of bird aggregation around towers, thus minimizing all light is recommended: i. No tower lighting is the preferred option if Federal Aviation Administration (FAA) regulations and lighting standards (FAA 2015, 2020, Patterson 2012) permit. ii. For some towers, the FAA can permit an Aircraft Detection Lighting System (ADLS), which maintains a communication tower of any height to be unlit until the ADLS radars detect nearby aircraft, at which time the tower lighting system is triggered to illuminate until the aircraft is out of radar range. iii. If taller (> 199 ft. AGL) towers requiring lights for aviation safety must be constructed, the minimum amount of pilot warning and obstruction avoidance lighting req uired by the FAA should be used. Unless otherwise required by the FAA, only white or red flashing lights should be used at night, and these should follow FAA obstruction and marking standards with regards to the minimum number of lights, minimum intensity (< 2,000 candela), and minimum number of flashes per minute (i.e., longest duration between flashes and "dark phase"). Avoid using non‐flashing warning lights at night (FAA 2015, 2020, Patterson 2012). Owners of existing towers lit with lighting systems that include non‐flashing lights should submit plans to the FAA explaining how and when they will transition to the new standards. iv. Security lighting for on‐ground facilities, equipment, and infrastructure should be motion‐ or heat‐sensitive, down‐shielded, and of a minimum intensity to reduce nighttime bird attraction and eliminate constant nighttime illumination while still allowing safe nighttime access to the site. OPERATION AND MAINTENANCE OF ALL TOWERS 1. Existing Tower Lighting. We recommend that towers be unlit, when allowed by FAA regulations. Light impacts can be minimized by: a. Extinguishing L‐810 non‐flashing red lights (USFWS 2007, 2011) on towers >350 ft. AGL or reconfiguring L‐810 non‐flashing red lights to flash at 30 FPM (+/‐ 3 FPM) in synchrony with other flashing obstruction lights on towers 150‐350 ft. AGL (FAA 2015, 2020); b. Extinguishing L‐810 red lights and reprogramming LED L‐810 lights; this can be done from the tower transmission building or remotely and does not require climbing the tower (FCC 20 20). A “lighting deviation” can be used to extinguish or eliminate L‐810 steady‐burning side lights from an existing registered tower taller than 350 ft. AGL and to reprogram L‐810 steady‐burning side lights to flash on registered towers 150‐350 ft. AGL. The following steps are necessary: 1. File a Marking and Lighting study electronically with the FAA requesting the elimination or omission non-flashing/steady-burning lights (L‐810) or requesting that steady‐burning lights flash with Form 7460‐1, Notice of Proposed Construction or Alteration. Designate structure type: “Deviation from Red Obstruction Light Standards.” 2. Once the FAA has approved the request and assigned a FAA Study Number, file Form 854 with the FCC via the Antenna Registration System (ASR). Please select “MD – Modification” and choose the appropriate FAA Lighting Style. The FCC typically will approve the application and modify the registration within 24 hours. 3. Once the lighting change for a tower has been granted by the FCC via ASR, the L‐81 0 steady‐burning side lights can be extinguished on towers taller than 350 ft. AGL and reprogramed to flash in concert with L‐864 lights on towers 150‐350 ft. AGL. Extinguishing L‐810 lights and reprogramming lights are typically accomplished in the tower transmission building and do not ordinarily require climbing the tower. Per the FAA requirements, flashing red lights should flash at 30 FPM (+/‐ 3 FPM). Page 284 of 886 4 2. Infrastructure Lighting. We recommend that existing infrastructure be unlit. If associated b uildings require security or operational lighting, minimize light trespass using motion sensors and down‐ shielding with minimum intensity light (USFWS 2011; Poot et al. 2008; Manville 2013; FCC 2014). 3. Vegetation Management. When management of facility infrastructure is required: a. Schedule all vegetation removal and maintenance (e.g., general landscaping activities, trimming, grubbing, etc.) activities outside of the peak bird breeding season to reduce the risk of bird take. Breeding seasons can be determined using online tools (e.g., Avian Knowledge Network [AKN], Information for Planning and Conservation system [IPaC], Birds of North America Online) or by contacting qualified experts (e.g., local Audubon or birding groups); b. When vegetation removal activities cannot avoid the bird breeding season, conduct nest clearance surveys: i. Surveys should be conducted no more than five days prior to the scheduled activity to ensure recently constructed nests are identified; ii. Timing and dimensions of the area to be surveyed should depend on the nature of the project, location, and expected level of vegetation disturbance; and iii. If active nests are identified within or in the vicinity of t he project site, the site should be avoided until nestlings have fledged or the nest fails. If the activity must occur, a buffer zone should be established around the nest and no activities should occur within that zone until nestlings have fledged. The dimension of the buffer zone depends on the proposed activity, habitat type, and species present. The buffer should be a distance that does not elicit a flight response by the adult birds and can be 0.5 – 1 mile for hawks and eagles. 4. Birds Nesting on Towers: If birds are nesting on communication towers that require maintenance activities, contact the state natural resource protection agency and/or the USFWS for permits, recommendations, and requirements. Schedule construction and maintenance activities around the nesting and activity schedule of protected birds. Minimize excess wires and securely attach wires to the tower structure to reduce the likelihood of birds becoming entangled on the tower. Consider installing a bird nest exclusion device on the towers where birds frequently nest. 5. Tower Access: Representatives from the USFWS or researchers should be allowed access to the site to evaluate bird use, conduct dead‐bird searches, and conduct other research, as necessary. DECOMMISSIONING Tower Removal. Towers no longer in use, not re‐licensed by the FCC for use, or determined to be obsolete should be removed from the site within 12 months of cessation of use, preferably sooner. REFERENCES Avery, M., P.F. Springer, and J.F. Cassel. 1976. The effects of a tall tower on nocturnal bird migration – a portable ceilometer study. Auk 93: 281‐292. Ball, L.G., K. Zyskowski, and G. Escalona‐Segura. 1995. Recent bird mortality at a Topeka television tower. Kansas Ornithological Society Bulletin 46: 33‐36. Cochran, W.W. and R.R. Graber. 1958. Attraction to nocturnal migrants by ligh ts on a television tower. Wilson Bulletin 70: 378‐380. Erickson W.P., G.D. Johnson, and D.P. Young. 2005. A summary and comparison of bird mortality from anthropogenic causes with emphasis on collisions. USFS Tech. Rep. PSWGTR‐191. Pp. 1029‐1042. Page 285 of 886 5 Evans, W.R., Y. Akashi, N.S. Altman, and A.M. Manville. 2007. Response of night‐migrating songbirds in cloud to colored and flashing light. North American Birds 60(4): 476‐488. Federal Aviation Administration. 2015. Obstruction marking and lighting. Adv isory Circular AC 70/7460‐ 1L. U.S. Department of Transportation. Federal Aviation Administration. 2016. FAA Acts to Reduce Bird Fatalities. http://www.faa.gov/news/updates/?newsId=85204 Federal Aviation Administration. 2020. Obstruction marking and lighting. Advisory Circular AC 70/7460‐ 1M. U.S. Department of Transportation. Federal Communications Commission. 2015. Opportunities to reduce bird collisions with communication towers while reducing tower lighting costs. http://wireless.fcc.gov/migratory‐ birds/Light_Changes_Information_Update_120415.pdf Gauthreaux, S.A. and C.G. Belser. 1999. The behavioral responses of migrating birds to d ifferent lighting systems on tall towers. In Transactions of the proceedings of the workshop on avian mortality at communication towers (eds. W.R. Evans and A.M. Manville). Gauthreaux, S.A. and C.G. Belser. 2006. Effects of artificial night lighting on migrating birds. In Ecological Consequences of Artificial Night Lighting (eds. C. Rich and T. Longcore), pp. 67‐93. Covelo, California: Island Press. Gehring, J., P. Kerlinger, and A.M. Manville. 2009. Communication towers, lights, and birds: Succ essful methods of reducing the frequency of avian collisions. Ecological Applications 19(2): 505 –514. Gehring, J., P. Kerlinger, and A.M. Manville. 2011. The role of tower height and guy wires on avian collisions with communication towers. Journal of Wildlife Management 75(4): 848‐855. Gehring, J. and K. Walter. 2012. Studies of avian collisions with communication towers: a quantification of a bird night flight calls at towers with different structural supports and the use of acoustics as an index of tower fatalities. Progress Report for U.S. Fish and Wildlife Service. MNFI Report Number: 2012‐ 29. Larkin, R.P. and B.A. Frase. 1988. Circular paths of birds flying near a broadcasting tower in cloud. Journal of Comparative Psychology 102: 90‐93. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012a. An estimate of avian mortality at communication towers in the United States and Canada. PLoS One 7(4): 1‐17. Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, M.L. Avery, R.L. Crawford, A.M. Manville, E.R. Travis, and D. Drake. 2012b. Avian mortality at communication towers in the United States and Canada: which species, how many, and where? Biological Conservation 158: 410‐419. Page 286 of 886 6 Manville, A.M. 2009. Towers, turbines, power lines, and buildings – steps being taken by the U.S. Fish and Wildlife Service to avoid or minimize take of migratory birds at these structures. In Tundra to tropics: Connecting habitats and people. Proceedings of the 4th International Partners in Flight Conference (eds. T.D. Rich, C. Arizendi, D. Demarest, and C. Thompson). Pp. 1‐11. Manville, A.M. 2013. Recommended Lighting Standards and Lighting Protocols for Structures Requiring Pilot Warning Lighting, and for Security Lighting Purposes. Technical Report, Division of Migratory Bird Management, U.S. Fish and Wildlife Service. Manville, A.M. 2014. Status of U.S. Fish and Wildlife Service developments with communication towers with a focus on migratory birds: Updates to Service staff involved with tower issues. Webinar Summary Talking Points. Pp. 14. Norris, D.R. and C.M. Taylor. 2006. Predicting the consequences of carry‐over effects for migratory populations. Biology Letters 2006(2): 148‐151. Patterson, J.W. 2012. Evaluation of new obstruction lighting techniques to reduce avian fatalities. Technical Note: DOT/FAA/TC‐TN12/9. Poot, H., B.J. Ens, H. de Vries, M.A.H. Donners, M.R. Wernand, and J.M. Marquenie. 2008. Green light for nocturnally migrating birds. Ecology and Society 13(2): 47. U.S. Fish and Wildlife Service. 2007. Comments of the U.S. Fish and Wildlife Service Submitted Electronically to the FCC on 47 CFR Parts 1 and 17, WT Docket No. 03‐187, FCC 06‐164, Notice of Proposed Rulemaking, "Effects of Communication Towers on Migratory Birds." February 2, 2007. 32 pp. U.S. Fish and Wildlife Service. 2011. Comments of the U.S. Fish and Wildlife Service’s Division of Migratory Bird Management Filed Electronically on WT Docket NO. 08‐61 and WT Docket No. 03‐187, Regarding the Environmental Effects of the Federal Communication Commission’s Antenna Structure Registration Program. January 14, 2011. 12 pp. Page 287 of 886 FCC FORM 620 Page 288 of 886 FCC Form FCC Wireless Telecommunications Bureau Approved by OMB 3060 – 1039 Notification Date: See instructions for File Number: public burden estimates General Information 1)(Select only one) ( ) NE – New UA – Update of Application WD – Withdrawal of Application 2) If this application is for an Update or Withdrawal, enter the file number of the pending application currently on file.File Number: Applicant Information 3) FCC Registration Number (FRN): 4) Name: Contact Name 5) First Name:6) MI: 7) Last Name:8) Suffix: 9) Title: Contact Information 10) P.O. Box:And /Or 11) Street Address: 12) City:13) State: 14) Zip Code: 15) Telephone Number:16) Fax Number: 17) E-mail Address: Consultant Information 18) FCC Registration Number (FRN): 19) Name: Principal Investigator 20) First Name: 21) MI: 22) Last Name: 23) Suffix: 24) Title: Principal Investigator Contact Information 25) P.O. Box:And /Or 26) Street Address: 27) City:28) State:29) Zip Code: 30) Telephone Number:31) Fax Number: 32) E-mail Address: Florida Department of Management Services 0004575346 Doug Whitfield 4030 Esplanade Way Tallahassee FL 32399 (850)487-0543 0022578983 PaleoWest doug.whitfield@dms.fl.gov Jelane WallaceM Principal Investigator 1942 2nd Ave South, Unit H Saint Petersburg FL 33712 (813)508-5686 jwallace@chg-inc.com 1 of 13 NE 620 FCC Form 620 New Tower (NT) Submission Packet 0010595957 7AM EST 06/29/2023 May 2014Page 289 of 886 Professional Qualification 33) Does the Principal Investigator satisfy the Secretary of the Interior’s Professional Qualification Standards? ( ) Yes ( ) No 34) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) __________________________________________________________________________________________ Additional Staff 35) Are there other staff involved who meet the Professional Qualification Standards of the Secretary of the Interior? ( ) Yes ( ) No If “YES,” complete the following: X X X 36) First Name: 37) MI: 38) Last Name: 39) Suffix: 40) Title: 41) Areas of Professional Qualification: ( ) Archaeologist ( ) Architectural Historian ( ) Historian ( ) Architect ( ) Other (Specify) ____________________________________________________________________________________________ Stacey L Griffin X Senior Architectural Historian 2 of 13 FCC Form 620 May 2014Page 290 of 886 Site Information Tower Construction Notification System 1) TCNS Notification Number: Site Information 2)Positive Train Control Filing Subject to Expedited Treatment Under Program Comment: ( ) Yes ( ) No 3) Site Name: 4) Site Address: 5) Detailed Description of Project: 6) City:7) State:8) Zip Code: 9) County/Borough/Parish: 10) Nearest Crossroads: 11)NAD 83 Latitude (DD-MM-SS.S):( ) N or ( ) S 12)NAD 83 Longitude (DD-MM-SS.S):( ) E or ( ) W Tower Information 13) Tower height above ground level (include top-mounted attachments such as lightning rods): ___________________ ( ) Feet ( ) Meters 14) Tower Type (Select One): ( ) Guyed lattice tower ( ) Self-supporting lattice ( ) Monopole ( ) Other (Describe): Project Status 15) Current Project Status (Select One): ( ) Construction has not yet commenced ( ) Construction has commenced, but is not completed Construction commenced on: _______________ ( ) Construction has been completed Construction commenced on: _______________ Construction completed on: _______________ 268653 Carnestown X601 Tower 40808 Tamiami Trail East Ochopee FL COLLIER 34141 25-53-42.8 081-16-54.0 X X 106.7 X 3 of 13 X X FCC Form 620 US 41 and Turner River Road May 2014 US 41 and Turner River Road Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. X Page 291 of 886 Determination of Effect 14) Direct Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 15) Visual Effects (Select One): ( ) No Historic Properties in Area of Potential Effects (APE) ( ) No Effect on Historic Properties in APE ( ) No Adverse Effect on Historic Properties in APE ( ) Adverse Effect on one or more Historic Properties in APE 4 of 13 X X FCC Form 620 May 2014Page 292 of 886 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system:Number of Tribes/NHOs: _________________ 268653 3 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Seminole Nation of Oklahoma 06/28/2023 X Ben Yahola Tribal Historic Preservation Officer Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Seminole Tribe of Florida 06/28/2023 X THPO Compliance Compliance Review Supervisor 5 of 13 FCC Form 620 May 2014Page 293 of 886 Tribal/NHO Involvement 1) Have Indian Tribes or Native Hawaiian Organizations (NHOs) been identified that may attach religious and cultural significance to historic properties which may be affected by the undertaking within the APEs for direct and visual effects? ( ) Yes ( ) No 2a) Tribes/NHOs contacted through TCNS Notification Number: ___________________ Number of Tribes/NHOs: _________________ 2b) Tribes/NHOs contacted through an alternate system:Number of Tribes/NHOs: _________________ 268653 3 X 0 Tribe/NHO Contacted Through TCNS 3) Tribe/NHO FRN: 4) Tribe/NHO Name: Contact Name 5) First Name:6) MI: 7) Last Name: 8) Suffix: 9) Title: Dates & Response 10) Date Contacted ______________11) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Thlopthlocco Tribal Town 06/28/2023 X Ryan Morrow Mekko 6 of 13 FCC Form 620 May 2014Page 294 of 886 Other Tribes/NHOs Contacted Tribe/NHO Information 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name:4) MI: 5) Last Name:6) Suffix: 7) Title: Contact Information 8) P.O. Box:And /Or 9) Street Address: 10) City:11) State:12) Zip Code: 13) Telephone Number:14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other 7 of 13 FCC Form 620 May 2014Page 295 of 886 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City:8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE US-41 X X 8CR927 US-41 Ochopee FL COLLIER 34141 Florida Master Site File X X X X X X 8 of 13 FCC Form 620 May 2014Page 296 of 886 Historic Properties Properties Identified 1) Have any historic properties been identified within the APEs for direct and visual effect? ( ) Yes ( ) No 2) Has the identification process located archaeological materials that would be directly affected, or sites that are of cultural or religious significance to Tribes/NHOs? ( ) Yes ( ) No 3) Are there more than 10 historic properties within the APEs for direct and visual effect? If “Yes”, you are required to attach a Cultural Resources Report in lieu of adding the Historic Property below. ( ) Yes ( ) No Historic Property 4) Property Name: 5) SHPO Site Number: Property Address 6) Street Address: 7) City:8) State: 9) Zip Code: 10) County/Borough/Parish: Status & Eligibility 11) Is this property listed on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 12) Is this property eligible for listing on the National Register? Source: _______________________________________________________________________________________ ( ) Yes ( ) No 13) Is this property a National Historic Landmark? ( ) Yes ( ) No 14) Direct Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE 15) Visual Effects (Select One): ( ) No Effect on this Historic Property in APE ( ) No Adverse Effect on this Historic Property in APE ( ) Adverse Effect on this Historic Property in APE Tamiami Canal X X 8CR928 US-41 Ochopee FL COLLIER 34141 Florida Master Site File X X X X X X 9 of 13 FCC Form 620 May 2014Page 297 of 886 Local Government Involvement Local Government Agency 1) FCC Registration Number (FRN): 2) Name: Contact Name 3) First Name: 4) MI: 5) Last Name: 6) Suffix: 7) Title: Contact Information 8) P.O. Box:And /Or 9) Street Address: 10) City:11) State:12) Zip Code: 13) Telephone Number:14) Fax Number: 15) E-mail Address: 16) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 17) Date Contacted _______________18) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 19) Information on local government’s role or interest (optional): Collier County Timothy Finn Principal Planner 2800 North Horseshoe Drive North Naples FL 34104 (000)000-0000 timoth.finn@colliercountyfl.gov X 06/23/2023 06/23/2023 Based on our GIS Historical Probability Maps there are no Historical Structures , Historical Districts, Historical/Archaeological Probability Areas, or Archaeological Sites on the area proposed for the telecommunications project. X 10 of 13 FCC Form 620 May 2014Page 298 of 886 Other Consulting Parties Other Consulting Parties Contacted 1) Has any other agency been contacted and invited to become a consulting party? ( ) Yes ( ) No Consulting Party 2) FCC Registration Number (FRN): 3) Name: Contact Name 4) First Name:5) MI: 6) Last Name:7) Suffix: 8) Title: Contact Information 9) P.O. Box:And /Or 10) Street Address: 11) City: 12) State:13) Zip Code: 14) Telephone Number:15) Fax Number: 16) E-mail Address: 17) Preferred means of communication: ( ) E-mail ( ) Letter ( ) Both Dates & Response 18) Date Contacted _______________19) Date Replied _______________ ( ) No Reply ( ) Replied/No Interest ( ) Replied/Have Interest ( ) Replied/Other Additional Information 20) Information on other consulting parties’ role or interest (optional): X HISTORIC PALM COTTAGE, EDUCATIONAL HQ To Whom It May Concern 137 12th Avenue South Naples FL 34102 (000)000-0000 NHS@NaplesHistoricalSociety.org X 06/23/2023 X 11 of 13 FCC Form 620 May 2014Page 299 of 886 12 of 13 FCC Form 620 May 2014 Designation of SHPO/THPO 1)Designate the Lead State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) based on the location of the tower. SHPO/THPO Name: ____Florida Division of Historical Resources__________________________________________________ 2)You may also designate up to three additional SHPOs/THPOs if the APEs include multiple states. If the APEs include other countries, enter the name of the National Historic Preservation Agency and any state and provincial Historic Preservation Agency. SHPO/THPO Name: ______________________________________________________________________________________________ SHPO/THPO Name: ______________________________________________________________________________________________ SHPO/THPO Name: ______________________________________________________________________________________________ Designation of SHPO/THPO Attachments may be required – See instructions for details. Certification I certify that all representations on this FCC Form 620 Submission Packet and the accompanying attachments are true, correct, and complete. Party Authorized to Sign 20)First Name: Jelane 21)MI: M 22)Last Name: Wallace 23)Suffix: Signature: Date: _06__/_28__/_2023_ FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)), AND/OR FORFEITURE (U.S. Code, Title 47, Section 503). Page 300 of 886 Attachments Page 1 FCC Form 620 May 2014 Attachments I. Consultant Information Attachments You are required to provide a current copy of the resume of curriculum vitae for the Principal Investigator and any researcher or other person who contributed to, reviewed, or provided significant input into the research, analysis, writing or conclusions presented in this filing. JELANE WALLACE, M.A., R.P.A. Education M.A. Applied Anthropology, University of South Florida, 2021 B.A. Archaeology, Boston University, 2003 Selected Relevant Experience • 2007-present: Field Supervisor/Principal Investigator, 300+ new build and co-located cellular surveys for FCC Form 620/621 projects. • 2021: Principal Investigator, Phase III Mitigation of Site 8SL1646 St. Lucie County, Florida. USACE, Jacksonville District. • 2020: Field Supervisor/GIS Specialist, August Mine HFRA, Talladega Ranger District, Talladega National Forest, Calhoun, Cherokee, and Cleburne Counties, Alabama, for U.S. Forest Service. • 2019: Field and Lab Supervisor/GIS Specialist, Anclote River Federal Navigation Project Submerged Cultural Resources Survey and Terrestrial Phase I Survey, USACE, Jacksonville District. • 2018: Field Supervisor, Heather Well Site, Hernando County, Florida, Southwest Florida Water Management District. • 2017-2018: Field and Lab Supervisor/GIS Specialist, Bayshore Gate, WebOps and CDC Parking Lot Project Areas, MacDill Air Force Base. • 2018-2019: Field and Lab Supervisor/GIS Specialist, Phase I Survey of Western Everglades Restoration Project for Army Corps of Engineers, Jacksonville District, Hendry Co., Florida, Panamerican Consultants, Inc. • 2015-2018: Drafting/GIS Specialist, Historic District Nominations: Berryville Commercial HD, Leslie Commercial HD, Prairie Grove Commercial HD, and North Mock Street Commercial HD, Arkansas. Panamerican Consultants, Inc. • 2015-2016: Field and Lab Supervisor, Phase I survey, USDA Forest Service, Ocala National Forest North 40 Environmental Assessment and Alexander Springs, Marion County, Florida. • 2015: Field Supervisor, Phase I survey, Army Corps of Engineers, Mobile District, Fairchild State Park Proposed Timber Sale, Seminole County, Georgia. Panamerican Consultants, Inc. • 2011: Field Supervisor: Miami Canal and WCA-3A Phase I survey, Brevard and Miami-Dade Counties, Florida, for USACE, Jacksonville District. • 2007: Field Supervisor, Phase I survey, Eagle Quarry in Selby County, Alabama, for RMT, Inc. of Birmingham, Alabama. Panamerican Consultants, Inc. • 2006: Field Assistant, Phase I survey for the Williams Gas Pipeline Production Area Mainline Expansion, East Feliciana and St. Helena Parishes, Louisiana, Panamerican Consultants, Inc. Professional Memberships Register of Professional Archaeologists (RPA) Page 301 of 886 Attachments Page 2 FCC Form 620 May 2014 STACEY L. GRIFFIN, M.A. Education M.A. History/Historic Preservation, Middle Tennessee State University, 2003 B.A. Art History (Art Studio, Minor), University of Alabama at Birmingham, 1991 Selected Relevant Experience • On-going: Principal Investigator/Sr. Architectural Historian, Architectural Assessment, National Register of Historic Places Eligibility Recommendations, and National Register District Eligibility Recommendations of All Standing Structures for Marshall Space Flight Center, Huntsville, Alabama. • 2023: Principal Investigator/Senior Architectural Historian, Campus-Wide Architectural and Landscape Survey of Jacksonville State University, Jacksonville, Calhoun County, Alabama. • On-going: Project Manager/Senior Architectural Historian, Nationwide Historic Context Study: Preparing for the Great War, A Historic Context Study of the United States Mobilization For World War I: Technology, Tactics, and Training (Legacy Project 18-834). • 2021: Principal Investigator/Senior Architectural Historian, Architectural Survey to Provide a Determination of National Register of Historic Places (NRHP) eligibility for BR C-292.2, Sargent, Coweta County, Georgia. • 2020: Principal Investigator/Senior Architectural Historian, Assessment of Effects for SAS-2020-00364 (Bridge A-175.2 Replacement), Wilkinson County, Georgia. • 2019: Principal Investigator/Senior Architectural Historian, Level I Historic American Engineering Record, Lamb-Fish Lumber Company Bridge, Charleston, Tallahatchie County, Mississippi. • 2018: Principal Investigator/Senior Architectural Historian, Architectural Survey and Completion of a Determination of Effect Report of the Beatline Road Project Area, Gulfport, Harrison County, Mississippi. • 2018: Principal Investigator/Senior Architectural Historian, Prairie Grove Commercial Historic District, Prairie Grove, Washington County, Arkansas [listed April 2018]. • 2018: Principal Investigator/Senior Architectural Historian, North Mock Street Commercial Historic District, Prairie Grove, Washington County, Arkansas [listed April 2018]. • 2018: Senior Architectural Historian, Viewshed Assessment of the Battleship Road Development, Wilmington, North Carolina. • 2015: Project Manager/Principal Investigator/Senior Architectural Historian, Phase I and Phase II for the Reevaluation of the 1989 National Register Nomination Package and Evaluation of Resources 50 Years or Older At Hawthorne Army Depot, Mineral County, Nevada. • 2012: Principal Investigator/Senior Architectural Historian, Main Post Historic District, Fort Benning, Georgia, National Register of Historic Places Nomination Form. • 2012: Principal Investigator/Senior Architectural Historian, Key West Historic Resources Survey 2011. • 2008: Principal Investigator/Senior Architectural Historian, Fort Benning Treatment Plans for the Historic Properties Component, Fort Benning, Georgia. • 2007: Principal Investigator/Senior Architectural Historian, Fort Benning Historic Properties Survey Update for the Reevaluation of Historic Properties, U.S. Army Maneuver Center of Excellence, Fort Benning, Georgia. Page 302 of 886 Attachments Page 3 FCC Form 620 May 2014 II. Site Information Attachments You are required to provide photographs and maps as part of this filing. Additional site information can be provided in an optional attachment. Photograph Requirements: Except in cases where no Historic Properties were identified within the Areas of Potential Effects, submit photographs as described below. Photographs should be in color, marked so as to identify the project, keyed to the relevant map or text, and dated; the focal length of the lens and the height of the camera should be noted. The source of any photograph included but not taken by the Applicant or its consultant (including copies of historic images) should be identified on the photograph. a. Photographs taken from the tower site should show views from the proposed location in all directions. The direction (e.g., north, south, etc.) should be indicated on each photograph, and, as a group, the photographs should present a complete (360 degree) view of the area around the communications tower or non-tower structure. b. Photographs of all listed and eligible properties within the Areas of Potential Effects. c. If any listed or eligible properties are visible from the proposed tower site, photographs looking at the site from each historic property. The approximate distance in feet (meters) between the site and the historic property should be included. If any listed or eligible properties are within the APE, photos looking at each historic property should be included. Include aerial photos of the APE for visual effects, if available. There are a variety of publicly available websites that provide aerial photographs. Please see the attached photographs, which were taken June 19, 2023, unless otherwise noted. 1. Proposed tower and compound location, in foreground with fire station building in background, facing northeast. Page 303 of 886 Attachments Page 4 FCC Form 620 May 2014 2. View from the proposed tower location, facing north. Note the existing access route along paved driveway. 3. View from the proposed tower compound, facing east. Page 304 of 886 Attachments Page 5 FCC Form 620 May 2014 4. View from the proposed tower compound, facing south. 5. View from the proposed tower compound, facing west. Page 305 of 886 Attachments Page 6 FCC Form 620 May 2014 6. Existing access road and utility route for proposed tower and compound, from Historic Resource 8CR927 (US-41), facing south. Includes the viewshed from Historic Resource 8CR927 (US-41). 7. Historic Resource 8CR927 (US-41), facing west- northwest. Page 306 of 886 Attachments Page 7 FCC Form 620 May 2014 8. Historic Resource 8CR928 (Tamiami Canal), facing east. 9. Viewshed from Historic Resource 8CR928 (Tamiami Canal), facing south, showing the fire station building and access route to tower compound. Page 307 of 886 Attachments Page 8 FCC Form 620 May 2014 Map Requirements: Include one or more 7.5-minute quad USGS topographical maps that: a. Identify the Areas of Potential Effects for both Direct and Visual Effects. If a map is copied from the original, include a key with name of quad and date. b. Show the location of the proposed tower site and any new access roads or other easements including excavations. c. Show the locations of each property listed. d. Include keys for any symbols, colors, or other identifiers. e. Submit color maps whenever possible. The following maps have been attached to this report: Aerial Map showing proposed tower compound (Figure 1) Topographic Map showing APE (Figure 2) Aerial Map showing APE (Figure 3) Site Plans from Client (2 pages) Aerial Map showing proposed tower compound (Figure 1) Page 308 of 886 Attachments Page 9 FCC Form 620 May 2014 Topographic Map showing APE (Figure 2) Page 309 of 886 Attachments Page 10 FCC Form 620 May 2014 Aerial Map showing APE (Figure 3) Page 310 of 886 Attachments Page 11 FCC Form 620 May 2014 Site Plan from Client (Page 1) Page 311 of 886 Attachments Page 12 FCC Form 620 May 2014 Site Plan from Client (Page 2) Page 312 of 886 Attachments Page 13 FCC Form 620 May 2014 Additional Site Information Recommendations: Describe any additional structures, access roads, utility lines, fences, easements, or other construction planned for the site in conjunction with the proposed tower and related facilities. Use this attachment to provide additional details needed to provide a full and accurate description of any structural alterations, additions, or other construction activities that will take place to complete the tower. The subject property is located at 40808 Tamiami Trail East (US-41), Ochopee, Collier County, Florida 34141. It lies at the northeast south of Tamiami Trail (US-41), east of Bass Lake Road and west of Turner River Road (County Road 839). The Ochopee Fire Control Station 66 is located on the property. There are existing paved driveway, parking, access road, utilities and a structure for the fire station. To the south of the fire station building is a grassy area where the tower compound would be located, adjacent to a paved circular driveway. Fill material was evident on the surface in this area. Proposed is the construction of a self-support cellular communications tower with a total height of 350 ft. (106.7 m). The tower is to be located in an approximately 5,235 square foot (486 square meter) fenced compound area. Access is already in existence and is a 20 ft. (6.1 m.) wide paved drive and gateway that connects to US-41 to the north. To the north is the fire station, driveway, parking lot, and US-41. To the south, east, and west is the thick vegetation of the Big Cypress portion of the Everglades. Page 313 of 886 Attachments Page 14 FCC Form 620 May 2014 III. Determination of Effect Attachments You are required to provide two attachments regarding the Determination of Effect: Areas of Potential Effect and Mitigation of Effect (if applicable). Areas of Potential Effect Guidelines: a. Describe the APE for direct effects and explain how this APE was determined. The APE for direct effects is defined as the area of potential ground disturbance and any property, or any portion thereof, that will be physically altered or destroyed by the undertaking. On November 24, 2008, the FCC further clarified that the APE-Direct Effects is limited to the lease area including the access route and utility corridor. Clay Bush, Field Technician, under the supervision of Jelane Wallace, M.A., Principal Investigator for PaleoWest/Commonwealth Heritage Group, completed a field survey on June 19, 2023, and determined that the APE for direct effects is limited to the proposed compound area and the access/utility easement route. b. Describe the APE for visual effects and explain how this APE was determined. The APE for visual effects is the geographic area in which the Undertaking has the potential to introduce visual elements that diminish or alter the setting, including the landscape, where the setting is a character-defining feature of a historic property that makes it eligible for listing on the National Register. The presumed APE for visual effects for construction of new facilities is the area from which the tower will be visible: a. Within a half mile from the tower site if the proposed Tower is 200 feet or less in overall height; b. Within ¾ of a mile from the tower site if the proposed Tower is more than 200 but no more than 400 feet in overall height; or c. Within 1½ miles from the proposed tower site if the proposed Tower is more than 400 feet in overall height. Due to the height of the existing tower, the APE for visual effects for this project is a 3/4-mile radius. Mitigation of Effect Guidelines: In the case where an Adverse Visual Effect or Adverse Direct Effect has been determined you must provide the following: a. Copies of any correspondence and summaries of any oral communications with the SHPO/THPO and any consulting parties. Describe any alternatives that have been considered that might avoid, minimize, or mitigate any adverse effects. Explain the Applicant’s conclusion regarding the feasibility of each alternative. The proposed tower, compound area, and access/utility route are not expected to impose a direct effect or an adverse visual effect on Historic Properties, so no alternatives were considered. Page 314 of 886 Attachments Page 15 FCC Form 620 May 2014 IV. Tribal/NHO Involvement Attachments You may be required to provide a Tribal/NHO Involvement attachment(s) (if applicable). Tribal/NHO Involvement Attachment Guidelines At an early stage in the planning process, the Nationwide Agreement requires the Applicant to gather information from appropriate Indian Tribes or Native Hawaiian Organizations (“NHOs”) to assist in the identification of historic properties of religious and cultural significance to them. Describe measures taken to identify Indian Tribes and NHOs that may attach religious and cultural significance to historic properties that may be affected by the tower project within the Areas of Potential Effects (“APEs”) for direct and visual effects. If such Indian tribes or NHOs were identified, list them and provide a summary of contacts by the FCC, the Applicant, or the Applicant’s representative. Provide copies of relevant documents, including correspondence. If no such Indian Tribes or NHOs were identified, please explain. TCNS notification was initiated by ATC Group Services, LLC. on June 27, 2023 with the Notification ID of 268653. See attached document. Page 315 of 886 From:towernotifyinfo@fcc.gov To:Stephen Higgins Subject:[EXTERNAL] Proposed Tower Structure Info - Email ID #8581889 Date:Tuesday, June 27, 2023 11:22:59 AM [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for submitting a notification regarding your proposed construction via the Tower Construction Notification System. Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 316 of 886 Attachments Page 17 FCC Form 620 May 2014 V. Historic Properties Attachments Historic Properties Identified for Direct Effects Guidelines a. List all properties identified within the APE for direct effects. Based on a review of Florida Master Site files in GIS form, dated January 2023, a review of the online records of the Collier County Property Appraiser, and a June 19, 2023 field visit, there were no Historic Properties identified within the APE for direct effects. b. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for direct effects, not listed in part “a”, that the Applicant considers to be eligible for listing in the National Register as a result of the Applicant’s research. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). For each property that was specifically considered and determined not to be eligible, describe why it does not satisfy the criteria of eligibility. The records of the FMSF in GIS format, dated January 2023 showed no previously recorded resources in the APE for direct effects. c. Describe the techniques and the methodology, including any field survey, used to identify historic properties within the APE for direct effects.2 If no archeological field survey was performed, provide a report substantiating that: i) the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least 2 feet; or, ii) geomorphological evidence indicates that cultural resource bearing soils do not occur within the project area or may occur but at depths that exceed 2 feet below the proposed construction depth. Clay Bush, Archaeological Field Technician, under the supervision of Jelane Wallace, M.A. Principal Investigator for PaleoWest/Commonwealth Heritage Group, completed an evaluation of the proposed tower location, compound area, and access/utility easement on June 19, 2023 for the likelihood of Historic Properties in the area for direct effects. The majority of the compound is covered comprised of fill material and there are utilities present in the vicinity. Four shovel tests were attempted, but all terminated at 20 cm below surface or less due to the dense fill material present. These shovel tests revealed a disturbed stratigraphy which consisted of only one stratum of dense fill material. Close surface inspection of the area in and around the tower compound was also conducted but did not result in the recovery of any artifacts or the observation of any historic features. It is the opinion of PaleoWest/Commonwealth Heritage Group that no archaeological resources will be affected by the proposed tower and compound construction. Page 317 of 886 Attachments Page 18 FCC Form 620 May 2014 Historic Properties Identified for Visual Effects Guidelines a. Provide the name and address (including U.S. Postal Service ZIP Code) of each property in the APE for visual effects that is listed in the National Register, has been formally determined eligible for listing by the Keeper of the National Register, or is identified as considered eligible for listing in the records of the SHPO/THPO, pursuant to Section VI.D.1.a. of the Nationwide Agreement.3 Based on a June 2023, search performed using GIS data dated January 2023 provided by the Florida Master Site File, as well as a June 19, 2023 site visit, 2 Historic Properties were found within the ¾ mile APE for visual effects. No adverse visual effect is expected from the proposed tower if it is visible from any of these properties. Site Number Site Name; Address Date Resource Type SHPO Evaluation 8CR00927 US 41: Tamiami Trail East, Ochopee, FL 34141 1928 Linear Eligible for NRHP 8CR00928 Tamiami Canal: Tamiami Trail East, Ochopee, FL 34141 1928 Linear Eligible for NRHP b. Provide the name and address (including U.S. Postal Service ZIP Code) of each Historic Property in the APE for visual effects, not listed in part “a”, identified through the comments of Indian Tribes, NHOs, local governments, or members of the public. Identify each individual or group whose comments led to the inclusion of a Historic Property in this attachment. For each such property, describe how it satisfies the criteria of eligibility (36 C.F.R. Part 63). As of the date of this report, ATC Group Services, LLC. has not received comments from Indian Tribes, NHOs, local governments, or members of the public that identify specific Historic Properties in the APE for visual effects that are not listed above. A standing request from consulting parties that archaeological sites located within the APE of the proposed tower site did not note any previously recorded resources. c. For any properties listed in part “a”, that the Applicant considers no longer eligible for inclusion in the National Register, explain the basis for this recommendation. There are no resources listed above in part ‘a’ that are no longer eligible for inclusion in the National Register. Page 318 of 886 Attachments Page 19 FCC Form 620 May 2014 VI. Local Government Involvement Attachment(s) You may be required to provide a Local Government attachment(s). Local Government Attachment Guidelines a. If any local government has been contacted and invited to become a consulting party pursuant to Section V.A. of the Nationwide Agreement, list the local government agencies contacted. Provide a summary of contacts and copies of any relevant documents (e.g., correspondence or notices). b. If a local government agency will be contacted but has not been to date, explain why and when such contact will take place. The Mr. Timothy Finn, Collier County Principal Planner as well as the Historic Palm Cottage, Educational HQ for Naples Historical Society were contacted by ATC Group Services, LLC on June 23, 2023. On June 23, 2023, Timothy Finn for Collier County responded. See following attached documents. Page 319 of 886 June 23, 2023 MR. TIMOTHY FINN, AICP timothy.finn@colliercountyfl.gov COLLIER COUNTY PRINCIPLE PLANNER 2800 NORTH HORSESHOE DRIVE NORTH NAPLES, FL 34104 SUBJECT: Notification of Florida Department of Management Services Intent to Pursue a Communications Tower Site Carnestown X601 Tower 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Atlas Project No.: Z256340004 Dear Mr. Finn: Florida Department of Management Services is proposing to build a Federal Communications Commission registered tower to provide wireless services throughout the South Florida area. Proposed is the construction of a wireless facility at 40808 Tamiami Trail East, Ochopee, Florida 34141. The facility will consist of a new 350 foot-tall self-support telecommunications tower with associated electrical equipment situated within a fenced area. This facility, and others like it, will allow high-quality wireless communications services to the people of your community. This notice is provided pursuant to the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission 47 C.F.R. pt. 1 app. C § V(C). A notice will also be published in a local newspaper to inform the public, in addition to any requirements that are part of the zoning and permitting process. To submit comments regarding potential effects to historic properties or to obtain a copy of our filing with the State Historic Preservation Officer, please contact Stephen Higgins at the information listed below and reference Carnestown X601 Tower. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC Stephen Higgins Catie Arena Project Manager Staff Biologist Direct Line: 863-397-6637 Direct Line: 262-721-4613 Email: stephen.higgins@oneatlas.com Email: catie.arena@oneatlas.com Page 320 of 886 June 23, 2023 HISTORIC PALM COTTAGE, EDUCATIONAL HQ NHS@NaplesHistoricalSociety.org NAPLES HISTORICAL SOCIETY 137 12th AVENUE SOUTH NAPLES, FLORIDA 34102 SUBJECT: Notification of Florida Department of Management Services Intent to Pursue a Communications Tower Site Carnestown X601 Tower 40808 Tamiami Trail East Ochopee, Collier County, Florida 34141 Atlas Project No.: Z256340004 Dear Madam or Sir: Florida Department of Management Services is proposing to build a Federal Communications Commission registered tower to provide wireless services throughout the South Florida area. Proposed is the construction of a wireless facility at 40808 Tamiami Trail East, Ochopee, Florida 34141. The facility will consist of a new 350 foot-tall self-support telecommunications tower with associated electrical equipment situated within a fenced area. This facility, and others like it, will allow high-quality wireless communications services to the people of your community. This notice is provided pursuant to the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission 47 C.F.R. pt. 1 app. C § V(C). A notice will also be published in a local newspaper to inform the public, in addition to any requirements that are part of the zoning and permitting process. To submit comments regarding potential effects to historic properties or to obtain a copy of our filing with the State Historic Preservation Officer, please contact Stephen Higgins at the information listed below and reference Carnestown X601 Tower. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC Stephen Higgins Catie Arena Project Manager Staff Biologist Direct Line: 863-397-6637 Direct Line: 262-721-4613 Email: stephen.higgins@oneatlas.com Email: catie.arena@oneatlas.com Page 321 of 886 1 Stephen Higgins From:FinnTimothy <Timothy.Finn@colliercountyfl.gov> Sent:Friday, June 23, 2023 8:48 AM To:Stephen Higgins Subject:[EXTERNAL] RE: Notification of a Proposed Telecommunications Tower [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Hello, Based on our GIS Historical Probability Maps there are no Historical Structures , Historical Districts, Historical/Archaeological Probability Areas, or Archaeological Sites on the area proposed for the telecommunications project. From: Stephen Higgins <stephen.higgins@oneatlas.com> Sent: Friday, June 23, 2023 8:24 AM To: FinnTimothy <Timothy.Finn@colliercountyfl.gov> Subject: Notification of a Proposed Telecommunications Tower 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, Please see the attached notification for a proposed telecommunications tower in your area. Thank you Stephen Higgins Project Manager 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 O: 813.889.8960 | C: 863.397.6637 OneAtlas.com I LinkedIn I Facebook I Twitter This message and any attachments are intended only for the use of the addressee and may contain information that is privileged and/or confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, you are hereby notified that any use Page 322 of 886 2 and/or dissemination of any of this communication is strictly prohibited. If you have received this communication in error, notify the sender immediately by return email and delete the message and any attachments from your system. 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. Page 323 of 886 Attachments Page 24 FCC Form 620 May 2014 VII. Consulting Parties Attachment You are required to provide a Public Notice attachment. Public Notice Guidelines: Provide copies of any relevant correspondence or other documentation used to invite public involvement in this project (e.g., legal notices, letters, or public meetings). The following public notice for the proposed cellular tower was placed in the Business Observer newspaper of Collier County, Florida on June 30, 2023. Telecommunication Facility Florida Department of Management Services proposes to construct a new 350 foot-tall self-support telecommunications tower at 40808 Tamiami Trail East, Ochopee, Florida 34141. Wireless telecommunications antennas will be installed on the tower and related electronic cabinets will be placed next to it. In accordance with regulations implementing Section 106 of the National Historic Preservation Act, Florida Department of Management Services hereby solicits public comment concerning its proposal. In order for your comments to receive full and timely consideration they should be received at the address below within 30 days of the date of this notice: Stephen Higgins Atlas Technical Consultants LLC 5602 Thompson Center Court, Suite 405 Tampa, Florida 33634 Phone: 813-889-8960 Fax: 813-889-8754 stephen.higgins@oneatlas.com Page 324 of 886 SHPO CONCURRENCE Page 325 of 886 RON DESANTIS Governor CORD BYRD Secretary of State Division of Historical Resources R.A. Gray Building • 500 South Bronough Street• Tallahassee, Florida 32399 850.245.6300 • 850.245.6436 (Fax) • FLHeritage.com Ms. Jelane Wallace August 10, 2023 Principal Investigator PaleoWest 1942 2nd Avenue South, Suite H St. Petersburg, FL 33712 RE: DHR Project File No.: 2023-4114 Federal Communication Commission – TCNS Number: 268653 Project: Proposed Telecommunications Tower - X601 Carnestown Address: 40808 Tamiami Trail East, Ochopee County: Hamilton County Dear Ms. Wallace: The Florida State Historic Preservation Officer reviewed the referenced project for possible effects on historic properties listed, or eligible for listing, in the National Register of Historic Places. The review was conducted in accordance with Section 106 of the National Historic Preservation Act of 1966, as amended, and its implementing regulations in 36 CFR Part 800: Protection of Historic Properties. Based on the information provided, it is the opinion of this office that no historic properties will be affected (directly or indirectly) by the proposed undertaking. If you have any questions, please contact Scott Edwards, Historic Preservationist, by electronic mail scott.edwards@dos.myflorida.com, or at 850.245.6333 or 800.847.7278. Sincerely, Alissa Slade Lotane Director, Division of Historical Resources and State Historic Preservation Officer Page 326 of 886 THPO DOCUMENTATION Page 327 of 886 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Tuesday, June 27, 2023 11:23 AM To:Stephen Higgins Subject:[EXTERNAL] Proposed Tower Structure Info - Email ID #8581889 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for submitting a notification regarding your proposed construction via the Tower Construction Notification System. Note that the system has assigned a unique Notification ID number for this proposed construction. You will need to reference this Notification ID number when you update your project's Status with us. Below are the details you provided for the construction you have proposed: Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 328 of 886 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Friday, June 30, 2023 10:25 AM To:Stephen Higgins Cc:tcnsweekly@fcc.gov Subject:[EXTERNAL] NOTICE OF ORGANIZATION(S) WHICH WERE SENT PROPOSED TOWER CONSTRUCTION NOTIFICATION INFORMATION - Email ID #8591384 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Applicant: Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this electronic mail message is to inform you that the following authorized persons were sent the notification that you provided through TCNS, which relates to your proposed antenna structure. The information was forwarded by the FCC to authorized TCNS users by electronic mail and/or regular mail (letter). We note that the review period for all parties begins upon receipt of the Submission Packet pursuant to Section VII.A of the NPA and notifications that do not provide this serve as information only. Persons who have received the notification that you provided include leaders or their designees of federally-recognized American Indian Tribes, including Alaska Native Villages (collectively "Tribal Nations"), Native Hawaiian Organizations (NHOs), and State Historic Preservation Officers (SHPOs). For your convenience in identifying the referenced Tribal Nations and NHOs and in making further contacts, the City and State of the Seat of Government for each Tribal Nation and NHO, as well as the designated contact person, is included in the listing below. We note that Tribal Nations may have Section 106 cultural interests in ancestral homelands or other locations that are far removed from their current Seat of Government. Pursuant to the Commission's rules as set forth in the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), all Tribal Nations and NHOs listed below must be afforded a reasonable opportunity to respond to this notification, consistent with the procedures set forth below, unless the proposed construction falls within an exclusion designated by the Tribal Nation or NHO. (NPA, Section IV.F.4). The notification that you provided was forwarded to the following Tribal Nations and NHOs. A Tribal Nation or NHO may not respond until a full Submission Packet is provided. If, upon receipt, the Tribal Nation or NHO does not respond within a reasonable time, you should make a reasonable effort at follow-up contact, unless the Tribal Nation or NHO has agreed to different procedures (NPA, Section IV.F.5). In the event a Tribal Nation or NHO does not respond to a follow-up inquiry, or if a substantive or procedural disagreement arises between you and a Tribal Nation or NHO, you must seek guidance from the Commission (NPA, Section IV.G). These procedures are further set forth in the FCC's Second Report and Order released on March 30, 2018 (FCC 18-30). 1. Real Estate Director Kevin Donaldson - Miccosukee Tribe of Indians of Florida - Tamiami Station (PO Box: 440021) Miami, FL - hopel@miccosukeetribe.com - 305-223-8380 (ext: 2246) - regular mail Page 329 of 886 2 If the applicant/tower builder receives no response from the Miccosukee Tribe of Indians of Florida within 30 days after notification through TCNS, the Miccosukee Tribe of Indians of Florida has no interest in participating in pre- construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Miccosukee Tribe of Indians of Florida in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 2. Compliance Review Supervisor THPO Compliance - Seminole Tribe of Florida - 30290 Josie Billie Hwy PMB 1004 Clewiston, FL - THPOcompliance@semtribe.com - 863-983-6549 (ext: 12245) - electronic mail 3. Tribal Historic Preservation Officer Ben Yahola - Seminole Nation of Oklahoma - (PO Box: 1498) Wewoka, OK - tcns-sno@sno-nsn.gov - 405-234-5218 - electronic mail Exclusions: Please send all inquiries to email address: tcns-sno@sno-nsn.gov If the applicant/tower builder receives no response from the Seminole Nation of Oklahoma within 30 days after notification through TCNS, the Seminole Nation of Oklahoma has no interest in participating in pre-construction review for the proposed site. The Applicant/tower builder, however, must immediately notify the Seminole Nation of Oklahoma in the event archaeological properties or human remains are discovered during construction, consistent with Section IX of the Nationwide Programmatic Agreement and applicable law. 4. TCNS Manager Corain Lowe-Zepeda Ms - Muscogee (Creek) Nation - Highway 75 & Loop 56 (PO Box: 580) Okmulgee, OK - clowe@muscogeenation.com - 918-732-7835 - regular mail 5. Cell Tower Coordinator Kelly Nelson - Eastern Shawnee Tribe of Oklahoma - 70500 East 128 Road Wyandotte, OK - celltower@estoo.net - 918-238-5151 (ext: 1861) - regular mail Exclusions: DO NOT EMAIL DOCUMENTATION; it will be deleted without being opened. Submit one printed color copy by US postal mail or other parcel carrier of all documentation to: Eastern Shawnee Tribe Attn: CellTower Program 70500 E. 128 Rd. Wyandotte, OK 74370 Provide a 1-page cover letter with the following information: a. TCNS Number b. Company Name c. Project Name, City, County, State d. Project type Page 330 of 886 3 e. Project coordinates f. Contact information The Eastern Shawnee Procedures document is available and highly recommended for guidance; send an email to celltower@estoo.net requesting our most current copy. 6. Mekko Ryan Morrow - Thlopthlocco Tribal Town - P.O. Box 188 Okemah, OK - thpo@tttown.org - 000-000- 0000 - electronic mail Exclusions: Thlopthlocco Tribal Town requests that all initial review materials required by applicable law be submitted by email directly to thpo@tttown.org. In addition, in the event archeological or cultural materials or human remains are discovered at any time during this undertaking, please notify Thlopthlocco Tribal Town immediately. The notification that you provided was also forwarded to the following SHPOs in the State in which you propose to construct and neighboring States. The information was provided to these SHPOs as a courtesy for their information and planning. You need make no effort at this time to follow up with any SHPO that does not respond to this notification. Prior to construction, you must provide the SHPO of the State in which you propose to construct (or the Tribal Historic Preservation Officer, if the project will be located on certain Tribal lands), with a Submission Packet pursuant to Section VII.A of the NPA unless the project is excluded from SHPO review under Section III D or E of the NPA. 7. Deputy SHPO Compliance Review Laura A Kammerer - Div of Historical Resources, Dept of State - 500 S. Bronough St. Tallahassee, FL - lkammerer@dos.state.fl.us - 850-245-6333 - electronic mail 8. Historic Preservationist General Staff - Florida Division of Historical Resources - 500 S. Bronough Street Tallahasse, FL - CompliancePermits@DOS.MyFlorida.com - 850-245-6366 - electronic mail TCNS automatically forwards all notifications to all Tribal Nations and SHPOs that have an expressed interest in the geographic area of a proposal. However, if a proposal for PTC wayside poles falls within a designated exclusion, you need not expect any response and need not pursue any additional process with that Tribal Nation or SHPO. In addition, a particular Tribal Nation or SHPO may also set forth policies or procedures within its details box that exclude from review certain facilities (for example, a statement that it does not review collocations with no ground disturbance; or that indicates that no response within 30 days indicates no interest in participating in pre-construction review). Please be advised that the FCC cannot guarantee that the contact(s) listed above have opened and reviewed an electronic or regular mail notification. If you learn that any of the above contact information is no longer valid, please contact the FCC by emailing tcnshelp@fcc.gov. The following information relating to the proposed tower was forwarded to the person(s) listed above: Page 331 of 886 4 Notification Received: 06/27/2023 Notification ID: 268653 Excluded from SHPO Review: No Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level If you have any questions or comments regarding this notice, please contact the FCC using the electronic Help Request form located on the FCC's website at: https://urldefense.com/v3/__https://www.fcc.gov/wireless/available-support- services__;!!NLb8tKzEWkjbfA!kOmUn6scbMm5KBRARoAvi3yRvGZQmWbKwUH7BSqJZEHNk6O4lNZakX5aOdoVxK3mmR y-i_bhWHMDiIw7mdOBNts9TpvaOpnCFg$ You may also call the FCC Support Center at (877) 480-3201 (TTY 717-338-2824). Hours are from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday (except Federal holidays). To provide quality service and ensure security, all telephone calls are recorded. Thank you, Federal Communications Commission Page 332 of 886 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Monday, August 14, 2023 5:17 PM To:Stephen Higgins Cc:tcns.fccarchive@fcc.gov Subject:[EXTERNAL] Reply to Proposed Tower Structure (Notification ID: 268653) - Email ID # 8640592 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Dear Stephen Higgins, Thank you for using the Federal Communications Commission's (FCC) Tower Construction Notification System (TCNS). The purpose of this email is to inform you that an authorized user of the TCNS has replied to a proposed tower construction notification that you had submitted through the TCNS. The following message has been sent to you from Cell Tower Coordinator Kelly Nelson of the Eastern Shawnee Tribe of Oklahoma in reference to Notification ID #268653: The Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma (ESTO) has received the documentation for the referenced TCNS project. ESTO has reviewed the project in accordance with Section 106 of the National Historic Preservation Act (NHPA). Based on the information provided and a review of our records, we find that this project will have No Adverse Effect on properties of sacred and/or cultural significance to the Tribe. The project site is within the known regional area of the Shawnee prehistorically and historically, be aware of inadvertent discoveries. However, ESTO has no objection to the project proceeding as described. Please note that any future changes to this project will require additional consultation. In accordance with the NHPA of 1966 (16 U.S.C. § 470-470w-6), federally funded, licensed, or permitted undertakings that are subject to the Section 106 review process must determine effects to significant historic properties. As clarified in Section 101(d)(6)(A-B), historic properties may have religious and/or cultural significance to Indian Tribes. Section 106 of NHPA requires Federal agencies to consider the effects of their actions on all significant historic properties (36 CFR Part 800) as does the National Environmental Policy Act of 1969 (43 U.S.C. § 4321-4347 and 40 CFR § 1501.7(a). However, if during construction cultural objects or human remains are inadvertently discovered, please stop work immediately and contact the Cultural Preservation Department of the Eastern Shawnee Tribe of Oklahoma. (918)238- 5151 x1861 Niyaawe, Kelly Nelson Cell Tower Coordinator Eastern Shawnee Tribe of Oklahoma Page 333 of 886 2 For your convenience, the information you submitted for this notification is detailed below. Notification Received: 06/27/2023 Notification ID: 268653 Tower Owner Individual or Entity Name: Florida Department of Management Services Consultant Name: Stephen Higgins Street Address: 5602 Thompson Center Court, Suite 405 City: Tampa State: FLORIDA Zip Code: 33634 Phone: 813-889-8960 Email: stephen.higgins@oneatlas.com Structure Type: LTOWER - Lattice Tower Latitude: 25 deg 53 min 42.8 sec N Longitude: 81 deg 16 min 54.0 sec W Location Description: 40808 Tamiami Trail East City: Ochopee State: FLORIDA County: COLLIER Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Ground Elevation: 0.8 meters Support Structure: 106.7 meters above ground level Overall Structure: 106.7 meters above ground level Overall Height AMSL: 107.5 meters above mean sea level Page 334 of 886 1 Stephen Higgins From:towernotifyinfo@fcc.gov Sent:Thursday, August 10, 2023 9:01 AM To:Stephen Higgins Cc:tcnsweekly@fcc.gov Subject:[EXTERNAL] Proposed Construction of Communications Facilities Notification of Final Contacts - Email ID #34523 [External Email] This email originated from outside of the Atlas mail system. Please use caution when opening attachments. Florida Department of Management Services Stephen Higgins 5602 Thompson Center Court, Suite 405 Tampa, FL 33634 Dear Applicant: This letter addresses the proposed communications facilities listed below that you have referred to the Federal Communications Commission (Commission) for purposes of contacting federally recognized Indian Tribes, including Alaska Native Villages (collectively Indian Tribes), and Native Hawaiian Organizations (NHOs), as specified by Section IV.G of the Nationwide Programmatic Agreement (NPA). Consistent with the procedures outlined in the Commission's Wireless Infrastructure Second Report and Order (1), we have contacted the Indian Tribes or NHOs identified in the attached Table for the projects listed in the attached Table. You referred these projects to us between 08/03/2023 and 08/10/2023. Our contact with these Tribal Nations or NHOs was sent on 08/10/2023. Thus, as described in the Wireless Infrastructure Second Report and Order (2), if you or Commission staff do not receive a statement of interest regarding a particular project from any Tribe or NHO within 15 calendar days of 08/10/2023, your obligations under Section IV of the NPA with respect to these Tribal Nations or NHOs are complete. If a Tribal Nation or NHO responds that it has concerns about a historic property of traditional religious and cultural significance that may be affected by the proposed construction within the 15 calendar day period, the Applicant must involve it in the review as set forth in the NPA, and may not begin construction until the process set forth in the NPA is completed. You are reminded that Section IX of the NPA imposes independent obligations on an Applicant when a previously unidentified site that may be a historic property, including an archeological property, is discovered during construction or after the completion of review. In such instances, the Applicant must cease construction and promptly notify, among others, any potentially affected Tribal Nation or NHO. A Tribal Nation's or NHO's failure to express interest in participating in pre-construction review of an undertaking does not necessarily mean it is not interested in archeological properties or human remains that may inadvertently be discovered during construction. Hence, an Applicant is still required to notify any potentially affected Tribal Nation or NHO of any such finds pursuant to Section IX or other applicable law. Sincerely, Jill Springer Federal Preservation Officer Federal Communications Commission jill.springer@fcc.gov _______________________________________ Page 335 of 886 2 1) See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Deployment, Second Report and Order, FCC 18-30 (Mar. 30, 2018) (Wireless Infrastructure Second Report and Order). 2) See id. at paras. 111-112. LIST OF PROPOSED COMMUNICATIONS TOWERS TCNS# 268653 Referred Date: 08/09/2023 Location: 40808 Tamiami Trail East, Ochopee, FL Detailed Description of Project: Construction of a new 350-fott self-support tower within an irregular-shaped 5,235 square-foot fenced telecommunications compound. Access and utilities from a 20-foot non-exclusive easement leading from the right-of-way along Tamiami Trail East. Tribe Name: Seminole Tribe of Florida Tribe Name: Thlopthlocco Tribal Town LEGEND: * - Notification numbers are assigned by the Commission staff for sites where initial contact was not made through TCNS. Page 336 of 886 WILDERNESS, WILDLIFE, FEMA, AND NWI MAPS Page 337 of 886 Wilderness Map County of Collier, Esri, HERE, Garmin, iPC, State of Florida, Maxar, Microsoft 6/13/2023, 9:28:36 AM 0 0.03 0.060.01 mi 0 0.06 0.110.03 km 1:2,257 Web AppBuilder for ArcGIS State of Florida, Maxar, Microsoft | County of Collier, Esri, HERE, Garmin, iPC |Page 338 of 886 Exploring Big Cypress / Explorando el Gran CiprésThe Preserve is open all year and both visitor centers are open daily, except December 25. December through April, rangers lead programs that give you insights into the Preserve’s many stories. Choices include guided swamp walks, canoe tours, talks, and amphi-theater programs. Many recreation options await you: birding, wildflower viewing, bicycling, canoeing, hunting and off-road vehicle explorations. Stop at a visitor center for schedules, maps, guides, and other publications and to watch a 20-minute orientation film. Be sure to ask about our Junior Ranger Program, too.Whether in summer’s wet season or winter’s dry season, you can explore this mysterious Big Cypress. Swamp walks will take you to the heart of this area’s fascinating world of air-plants that live on trees, fabulous orchids, and saw palmetto plants. Walking and hiking trails give you options for a short venture or a longer adventure. Some places you might explore waist-deep in the wet season are bone dry in the dry season. Play It Safe, Plan Ahead, and Be Pre-pared The Preserve is remote. In many areas cell phones do not work. There is no gas or food service in the Preserve. Services are found in nearby areas, including our gateway community of Everglades City. Wildlife lives in the Preserve—we are the visitors. For your welfare and theirs, enjoy animals at a distance. Do not feed or harm them. You are responsible for knowing fire-arm regulations: Visit our website or ask a park ranger for details. Weather can be harsh and unpredict-able at any time. Bring and drink lots of water. Wear a hat, sunglasses, and sunscreen. Always tell others where you are going and when you plan to return. Wildfires occur any time of the year: Never discard burning materials or leave campfires unattended.In emergencies contact 1-800-788-0511More InformationBig Cypress Swamp Welcome Center33000 Tamiami Trail EastOchopee, FL 34141239-695-4758Oasis Visitor Center52105 Tamiami Trail East Ochopee, FL 34141239-695-1201www.nps.gov/bicyBig Cypress National Preserve is one of over 390 parks in the National Park System. To learn more about national parks visit www.nps.gov.La Reserva está abierta todo el año y ambos centros de visitantes están abier-tos diariamente, a excepción del 25 de diciembre. Entre diciembre y abril, los guardaparques dirigen programas que le proporcionan conocimientos sobre las muchas historias de la Reserva. Las opciones incluyen caminatas guiadas por el pantano, paseos en canoa, pláti-cas interpretativas y programas en el anfiteatro. Muchas opciones recreativas lo esperan: avistamiento de aves, obser-vación de flores silvestres, ciclismo, canotaje, cacería y exploraciones en ve-hículos todo terreno. Visite un centro de visitantes para obtener horarios, mapas, guías y otras publicaciones, y para ver una película de orientación de 20 minutos. No deje de preguntar por nuestro Programa para Guardaparques Juveniles.Ya sea en la temporada húmeda de ve-rano o en la temporada seca de invier-no, usted puede explorar el misterioso Gran Ciprés. Las caminatas por el pan-tano lo llevarán al corazón del mundo fascinante de plantas aéreas que viven en los árboles, orquídeas fabulosas y pal-mas enanas americanas (Serenoa repens) de esta área. Los senderos para camina-tas y excursiones le ofrecen opciones para una caminata corta o una aventura larga. Durante la temporada húmeda podrá explorar algunos lugares en que el agua le llega hasta la cintura, mismos que durante la temporada de sequía es-tán totalmente secos.Tome Precauciones, Planifique con Anticipación y Esté Preparado La reser-va es remota. En muchas áreas los telé-fonos celulares no funcionan. No hay gasolineras ni servicios de comida en la Reserva. Los servicios se encuentran en áreas cercanas, incluyendo nuestra co-munidad de entrada, la ciudad de Ever-glades. La vida silvestre vive en la Reser-va—nosotros somos los visitantes. Por su bienestar y la de ellos, disfrute a los ani-males de lejos. No los alimente ni los las-time. Usted es responsable de conocer los reglamentos de armas de fuego: vis-ite nuestro sitio web o pregunte a un guardaparque acerca de los detalles.El clima puede ser severo e impre-decible en cualquier momento. Traiga y beba mucha agua. Porte sombrero, len-tes oscuros y protector solar. Siempre avise a otras personas a donde va y cu-ando piensa regresar. Los incendios forestales suceden en cualquier época del año: nunca deseche materiales en llamas ni deje fogatas desatendidas.Para mayor informaciónBig Cypress Swamp Welcome Center 33000 Tamiami Trail EastOchopee, FL 34141239-695-1201Oasis Centro de Visitantes52105 Tamiami Trail EastOchopee, FL 34141www.nps.gov/bicy239-695-4758Big Cypress National Preserve es unde más de 390 parques en el Sistema de Parques Nacionales. Para obtener más información sobre los parques naciona-les y programas nacionales de servicio del Parque de las comunidades de Esta-Bicycling in Bear Island.Ciclismo en Bear Island.Canoeing Turner River.Canotaje en el Río Turner.White Ibis in flight.Ibis Blanco Americano en vuelo.Ranger-led programs.Programas dirigidos por guardaparques.all photos nps Page 339 of 886 Page 340 of 886 Carnestown X601 Wetlands Map U.S. Fish and Wildlife Service, National Standards and Support Team,wetlands_team@fws.gov Wetlands_Alask a Estuarine an d Marin e D eepwa ter Estuarine an d Marin e Wetlan d Freshwater Emergent Wetland Freshwater Forested/Shrub We tla nd Freshwater Pond Lake Other Riverine June 13, 20 23 0 0.04 0.080.02 mi 0 0.065 0.130.0325 km 1:2,480 This page was produced by the NWI mapperNational Wetlands Inventory (NWI) This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Page 341 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 6 5.0 FEDERALLY LISTED SPECIES EcoWild conducted a desktop evaluation and subsequent field surveys for the Project to document the occurrence and relative abundance of those species listed as Threatened or Endangered by the USFWS under 50 CFR Part 17, designated or proposed critical habitats, and birds of conservation concern (BCC) identified by the USFWS FESFO as having potential to occur on or in the vicinity of the Project Site (Appendix A). In addition to the IPaC Official Species List obtained for the Project, EcoWild referenced available agency information including: • USFWS Environmental Conservation Online System (ECOS), List of Species by County; • Florida Natural Areas Inventory (FNAI), Tracking List by County; • Geographic Information Systems (GIS) data, including Proposed and Designated Critical Habitat (USFWS, Federal Register), Consultation Area boundaries (USFWS), and various species occurrence data (USFWS, FWC-FWRI); • Consultation Guidelines by Species (USFWS); • Survey Guidelines by Species (USFWS); • Cooperative Land Cover (CLC) data, Version 3.7 (FWC-FNAI 2023); • Land Use (FLUCFCS) data (SFWMD); and • Soils data (USDA-NRCS). Information obtained was then used to prepare a survey plan for the Project, with a focus on those species known or likely to occur in habitats found on the Project Site and in the immediate vicinity. Qualified biologists conducted a general pedestrian survey and habitat evaluation on the Project Site (and 250-foot buffer) on October 11, 2023 and October 28, 2023 to document occurrence by listed species. Surveys were performed in accordance with the general methodologies provided and developed by the Florida Fish and Wildlife Conservation Commission (FWC), USFWS, and FNAI. Biologists canvassed the Project Site for direct observations or signs (e.g., tracks, burrows, nests, scat, whitewash, sheds, and other various indicators) of potential occurrence by listed species. Any observations were noted on an aerial image of the Project Site and locations were recorded using a GPS. Representative habitat photos were obtained. A species-specific limited roost survey and acoustic survey for the FBB were also completed on the Project Site by EcoWild during October 11 - October 28, 2023 in accordance with methods found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a) and guidance provided by staff from the USFWS FESFO. Page 342 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 7 Results from these evaluation efforts are incorporated into the information provided by species below. Please note that for any listed species identified by agency resources but for which preferred, or potentially suitable, habitat is not present on the Project Site or vicinity including those species considered strictly marine or coastal and no downstream impacts are reasonably expected as a result of the action (i.e., green sea turtle [Chelonia mydas], loggerhead sea turtle [Caretta caretta], and Gulf sturgeon [Acipenser oxyrinchus desotoi]); species without regulatory requirements (i.e., American alligator [Alligator mississippiensis]); and federally listed species of insects and/or plants (i.e., Florida prairie clover [Dalea carthagenensis floridana]) with restricted ranges and/or habitat needs that do not overlap the Project Site, specific field surveys were not conducted, and these species are not discussed further in the BA. All other potentially occurring listed species are evaluated below. Effect determinations were applied as defined in the glossary (p. xv and xvi) of the Final ESA Section 7 Consultation Handbook (USFWS and NMFS 1998) as follows: • No effect - the appropriate conclusion when a proposed action will not affect a listed species or designated critical habitat. • May affect - the appropriate conclusion when a proposed action may pose any effects on listed species or designated critical habitat; must either initiate formal consultation or seek written concurrence from the Services that the action "is not likely to adversely affect" listed species. • Not likely to adversely affect - the appropriate conclusion when effects on listed species are expected to be discountable, insignificant, or completely beneficial. Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. • Likely to adversely affect - the appropriate finding if any adverse effect to listed species may occur as a direct or indirect result of the proposed action or its interrelated or interdependent actions, and the effect is not: discountable, insignificant, or beneficial. In the event the overall effect of the proposed action is beneficial to the listed species, but is also likely to cause some adverse effects, then the proposed action "is likely to adversely affect" the listed species. If incidental take is anticipated to occur as a result of the proposed action, an "is likely to adversely affect" determination should be made and requires the initiation of formal consultation. Page 343 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 8 5.1 FLORIDA BONNETED BAT The FBB is listed by the USFWS as Endangered and is protected pursuant to the ESA. The FBB is known to roost in a variety of man-made structures and natural roosts, including shafts of palms and cavities excavated by woodpeckers. Important foraging areas include wetlands and open, fresh water sources such as ponds and streams where bats will also fly low to drink water (USFWS 2019a). FBB may travel considerable distances when foraging around a roost. Relatively little is known about the species, but recent studies are beginning to provide valuable information critical for management of the species. Habitat loss and modification and other natural and manmade factors appear to be the primary threats to the FBB. The Project Site is situated within the designated Consultation Area for the FBB and within proposed critical habitat (CH) for the species as part of a unit that includes the surrounding Big Cypress National Park (CH Unit 6) (87 FR 71466) (Figure 4). Potentially suitable foraging and roosting habitats for the FBB are present on the Project Site and in the immediate vicinity. Action Area To complete the analysis of potential impacts to FBB as a result of the Project, an action area was defined to include the Project Site and a 250-foot buffer. The 250-foot buffer accounts for any FBB roosts that may be located nearby and susceptible to disturbance. Impacts to FBB CH are evaluated by looking at the area associated with all units of CH proposed for the species within its range of occurrence. Occurrence A combination of a limited roost survey and acoustic survey was completed for the FBB on the Project Site in accordance with guidance from the USFWS FESFO as described in Appendix D. The purpose of the combination survey was to determine if FBB are actively roosting or using the Project Site and to locate any active roosts that may occur near the proposed activity. Surveys were conducted Project Site between October 11, 2023 and October 28, 2023. As a result of the limited roost survey within the Project Site and 250-foot buffer, 3 potentially suitable roosting structures were recorded and inspected. No FBB were found occupying any of the structures and no other evidence of FBB usage (e.g., guano, staining, etc.) was observed. Many of the potentially suitable roosting structures were considered to have a low to moderate probability of supporting the FBB based on their physical condition. A total of 6,075 files were collected during the 10 valid nights of acoustic survey. The majority of calls were classified by Kaleidoscope Pro (KPro) as Noise or as one of two common bat species: Mexican free tailed bat and the evening bat. Of the total recorded calls, 13 were identified by KPro as FBB based on low frequencies (<20kHz). Based on manual review of the data by EcoWild, 3 of the 13 calls identified by KPro as FBB were determined to be representative of the FBB and confirm some FBB activity on the Project Site. Page 344 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 9 Based on the number and type of FBB calls confirmed during the acoustic survey, it is determined that, while FBB are using the Project Site, data do not indicate “high FBB activity/use” in accordance with the definitions found in the Florida Bonneted Bat Consultation Guidelines (USFWS 2019a). Further, the type of FBB calls and date/time data associated with the FBB calls do not indicate that roosting is likely on or in the immediate vicinity of the Project Site. Determining the likelihood of FBB roosting is challenging. The USFWS (2019a) considers the following evidence indicative that roosting is likely nearby (i.e., reasonably certain to occur): • FBB calls are recorded within 30 minutes before sunset to 1.5 hours following sunset, or within 1.5 hours before sunrise; • Emergence calls are recorded; • Human observers see or hear FBB flying to or from potential roosts; • Human observers see and identify FBB within a natural or artificial roost; or • Other bat sign (e.g., guano, staining, etc.) are found to be identified as FBB. Results from the combination roost search and acoustic survey do not indicate that FBB are roosting on the Project Site or in the immediate vicinity. The Project Site is located within proposed CH for the FBB as part of “Unit 6” which is associated in part with the surrounding Big Cypress National Park (87 FR 71466). CH is defined by the USFWS as specific habitat within the geographical area occupied by the species that contain those physical or biological features essential to the conservation of the species and which may require special management considerations or protections. Unit 6 is considered occupied by the FBB based on documented species presence. High quality roosting habitat and areas of high conservation value are found within the vast expanses of forested habitats in this region (87 FR 71466). Effects and Conservation Measures Results from the field surveys completed for the FBB (Appendix D) do not indicate that roosting is likely on the Project Site or in the immediate vicinity. Therefore, no roost disturbances or direct impacts to known FBB roosts are reasonably expected to occur as a result of the Project. No land clearing is proposed as part of the Project action; therefore, no potentially suitable roost trees or roosting habitat on the Project Site will be removed or lost as part of the action. Little to no scientific information or guidance was found regarding bat collisions specifically with self-supported communication towers. Data suggest that the collision risk for these types of projects is likely greater for avian species (see Section 6.1) and for which specific BMPs are designed. At this time, effects to the FBB as a result of the Project (i.e., additional structures being added to the landscape with lighting) may include avoidance of the Project Site by foraging FBB and missed feeding opportunities. It is difficult to quantify the extent of missed feeding opportunities by the FBB; however, considering the amount and quality of Page 345 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 10 available habitats to the FBB in the vicinity of the Project Site, these impacts are expected to be minor and are not reasonably expected to result in negative population level impacts. The location and placement of the tower was chosen by the Applicant because it is on County-owned land and was previously disturbed for human use. The habitat that will be converted for the Project consists of open, weedy vegetation. No wetlands will be impacted, and no native trees will be lost as a result of the Project. Because a communication tower is needed to provide public safety communications in this general area, it may be challenging to find an alternative location that would not affect the FBB. Moving the Project to another location in this general area could potentially result in loss of roosting habitat or habitat that supports a higher level of FBB activity (i.e., an area of higher importance for the species). Considering the distance that FBB may travel from a roost for foraging on any given night, and the extent of occupied habitat found in CH Unit 6, it is considered unlikely that an alternative location in this general area would result in no FBB detections found as part of an acoustic survey. Because only 3 FBB detections were found during the acoustic survey for the Project, no roosts were found or indicated as a result of the surveys, and considering the habitat type and quality within the Project Site and immediate vicinity, this location is considered to be the suitable location for the Project. Generally, in applying the Florida Bonneted Bat Consultation Key to a project that is less than 5 acres in size, when some FBB activity is recorded during an acoustic survey but data do not indicate “high activity” in accordance with USFWS definitions, it is determined that a project “may affect” but is “not likely to adversely affect” the species if/when standard BMPs can be implemented (USFWS 2019a). The USFWS identifies a set of BMPs for the FBB that can be implemented on development projects to provide a benefit to the species (USFWS 2019). However, it is not practicable to implement all necessary BMPs for the Project considering the activity type proposed, the location of the Project, and the overall Project size. For similar reasons, offsite restoration activities are also not a viable option for the Applicant. The Applicant has proposed the following conservation measures to benefit the FBB. Conservation measures are intended to minimize impacts to the species during construction and operation of the Project. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Install and use wildlife-friendly lighting on the tower compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 4. Design and construct the new equipment shelter in a way that discourages the FBB and other bat species from roosting in the structure (e.g., eliminating structural voids, seam roofing, screens on vents, no downspouts, or gutters, etc.); 5. Avoid or limit the application of insecticides at the Project Site; Page 346 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 11 6. Notify the USFWS FESFO of any identified or suspected FBB roosting activities on the Project Site within 48 hours of discovery; 7. Coordinate with the USFWS FESFO and/or the FWC if/when it comes time to decommission the Project to determine if any additional steps should be taken to ensure additional adverse impacts to FBB or other native bat species do not occur; and 8. Provide a voluntary, one-time contribution in the amount of $10,000.00 to the Florida Bat Fund administered by the Fish and Wildlife Foundation of Florida. There are 1,174,011 acres over 13 Florida counties included by USFWS in the proposed CH designation for the FBB. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties. The Project will convert a total of 0.12 acres for the tower compound. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and the entire extent of CH for the FBB. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the FBB. The majority of land surrounding the Project Site and those included in FBB CH Unit 6 are permanently protected as federal (533,179 acres) and state-owned (152,494 acres) conservation lands. Effect Determination The Project as proposed “may affect” but is “not likely to adversely affect” the FBB. Conservation measures are provided by the Applicant to minimize impacts to the FBB during construction and throughout operation to the extent practicable given the Project type and location. The proposed action is not reasonably expected to destroy or adversely modify proposed CH for the FBB. 5.2 FLORIDA PANTHER The Florida panther (Puma concolor coryi) is listed as Endangered by the USFWS and protected pursuant to the ESA. Panthers require expansive wilderness areas to meet their needs and depend upon habitat of sufficient quantity, quality, and spatial configuration for long-term persistence. The species historical range included Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, Tennessee. Today, the breeding population is primarily limited to areas of South Florida but breeding females have been dispersing north of the Caloosahatchee River in recent years. Primary threats include habitat loss/conversion and fragmentation, vehicular mortality, and disease. The Project Site is situated within the occupied Primary Zone of the designated Panther Focus Area (Figure 5, Figure 6). Lands within the Primary Zone are considered essential for the survival of the species in the wild. Critical Habitat has not been designated for the species. Page 347 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 12 Action Area To complete the analysis of potential impacts to the Florida panther as a result of the Project, an action area was defined to include the Project Site and a 2-mile buffer in accordance with guidance found in the Panther Effect Determination Key (USFWS 2007b). Occurrence No Florida panthers or evidence of the species (e.g., scat, tracks) were observed during the field surveys of the Project Site. A review of telemetry data confirms panther occurrence in the immediate vicinity and in Big Cypress National Park (Figure 5) (FWC-FWRI 2023b). Mortality data confirms deaths by vehicle along Tamiami Trail East in the vicinity of the Project (Figure 6) (FWC-FWRI 2023a). Effects and Conservation Measures Florida panthers occur in the area of the Project Site. The habitat found on the Project Site and the immediate area adjacent to the Project Site do not provide optimal panther denning habitat (i.e., old growth palmetto) but may provide some open space and edge effects for hunting and ambushing prey. The forested cypress and shrub/brush swamp areas found adjacent to the Project Site may be utilized as corridors for movement and for cover. The fencing proposed around the tower compound is necessary for security purposes and will exclude panthers from the Project. Lighting used on the tower compound may result in avoidance of the Project Site by panthers. No removal or loss of native habitats, including wetlands or mature tree cover will occur as part of the Project action. In accordance with the Panther Effect Determination Key, individual projects that are less than 1-acre in size are not expected to have a measurable effect on panthers (USFWS 2007b). Panthers are a wide-ranging species, and individually, a less than 1-acre habitat change is not likely to adversely affect panthers or reasonably expected to result in negative population level impacts. Vehicular mortality is a significant threat to the species. Only minor traffic increases will occur during construction of the Project but will occur during the daytime hours. No long-term changes to the existing traffic patterns or intensity are reasonably expected as a result of operation of the Project. Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the Florida panther. Specifically, the Applicant will: 1. Limit all work activities associated with construction of the Project to the daylight hours; 2. Limit use of artificial lighting to the extent practicable; 3. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 4. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; Page 348 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 13 5. Provide educational training for contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that will affect the Florida panther. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Considering the above information, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the Florida panther. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.3 CRESTED CARACARA The crested caracara (caracara) (Caracara plancus) is listed by the USFWS as Threatened and protected pursuant to the ESA. In Florida, the listed population of caracara occurs from Orlando south to the Everglades. Primary habitat includes open pasturelands with short herbaceous vegetation and seasonal wetlands that are used for foraging. Suitable habitats include native wet and dry prairies, improved, unimproved, and woodland pastures, sod farms, row crops, levees, and rangeland. Juvenile caracaras may use citrus and tree farms. Primary nesting substrate is cabbage palms, although there have been reports of caracara nesting in pines and hardwoods and atypical locations such as human-engineered structures (USFWS 2016). The main threat to the species remains habitat loss for conversion to development and agriculture. The Project Site intersects the designated Consultation Area for the species and contains minimal open foraging habitat (Figure 7). A cluster of mature cabbage palms is present. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the caracara as a result of the Project, an action area was defined to include the Project Site and 1,500-meter buffer in accordance with guidance found in the Species Conservation Guidelines South Florida (USFWS 2004b). The 1,500-meter buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No caracara were observed during the field surveys of the Project Site and vicinity. Mature cabbage palms on the Project Site were inspected by experienced biologists for any evidence Page 349 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 14 of use by the species. No nests or nest material, food material, or whitewash were observed in the trees and on the surrounding ground. A review of caracara sightings in eBird show 3 records within 1,500-meters of the Project Site along Tamiami Trail East; in March of 2017, one caracara was reported at the nearby Trail Lakes Campground, and once caracara was reported near the Turner River Canoe Launch both in December of 2019 and January of 2022 (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project Site provides minimal open habitat to support foraging by the caracara. The habitat in the vicinity of the Project is heavily forested and not considered suitable for the species (USFWS 2004b). Occasional occurrence by the caracara in the vicinity and foraging along Tamiami Trail East are likely. There are no data to suggest caracara nesting occurs on site or in the vicinity. Construction is expected to commence in June of 2024 and last for approximately 3-5 months. Therefore, activities associated with construction of the Project will not occur during the typical breeding season for the species (i.e., primary nesting season is between November and April). Nest disturbance is not reasonably expected to occur. Further, no land clearing activities will occur as part of the Project and no mature cabbage palms onsite will be removed or lost. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; and 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any caracara nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the caracara. The majority of land surrounding the Page 350 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 15 Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of caracara or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of breeding caracara within the Project Site or vicinity but considering the caracara may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the caracara, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. 5.4 EASTERN BLACK RAIL The eastern black rail (rail) (Laterallus jamaicensis jamaicensis) is listed as Threatened by the USFWS and protected pursuant to the ESA. The rail is subspecies of small, cryptic wetland-dependent marsh bird that occurs in salt, brackish, and freshwater wetlands in the eastern U.S. (east of the Rocky Mountains), Mexico, Brazil, Central America, and the Caribbean. Habitat associations vary by location and can be tidally or non-tidally influenced, and range in salinity from salt to brackish to fresh. In Florida Gulf Coast marshes, habitat occupied by rails is comprised of black needle rush and limited elevational bands supporting cordgrass and possibly saltbush inland and adjacent to these marshes. Rail nests are typically well hidden in a dense clump of vegetation over moist soil or shallow water. Geographically isolated freshwater emergent wetlands have been associated with supporting rails. Threats to the species include habitat fragmentation, alteration, and conversion; altered hydrology; land management; climate change; oil and chemical spills, as well as environmental contaminants; disease; altered food webs and predation; and human disturbance (USFWS 2019b). No optimal nesting or foraging habitat is present on the Project Site. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the rail as a result of the Project, an action area was defined to include the Project Site and 250-foot buffer, surveyed as part of the effort for the FBB. Occurrence No rails were seen or heard during field surveys of the Project Site and vicinity, and no suitable foraging and nesting habitats were observed. Water depths in the adjacent forested and shrub/brush swamps were greater than 3 centimeters at the time of survey and grasslands on the site were dry (USFWS 2019b). Dense emergent vegetation and shallow water depths and flooded grasslands are required to support the rail resource needs. Page 351 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 16 Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the rail. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of rails and their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of rails or suitable habitat within the Project Site and immediate vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.5 SNAIL KITE The snail kite (Rostrhamus sociabilis) is listed as Endangered by the USFWS and protected pursuant to the ESA. The snail kite once occupied a large range in Florida but is now restricted to portions of central and south Florida. Snail kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems or in lake littoral zones with emergent vegetation, where apple snails are found and kites can see their prey. Snail kites nest in a variety of vegetation types including both woody species such as willows, cypress, pond apple, and melaleuca, as well as cattails (USFWS 2006). Primary threats include the loss and degradation of wetlands and water quality in south and central Florida. The Project Site intersects the Consultation Area for the species, but no preferred nesting or foraging habitat is present on the Project Site (Figure 8). Critical Habitat has been designated but is not intersected by the Project. Action Area To complete the analysis of potential impacts to the snail kite as a result of the Project, an action area was defined to include the Project Site and 500-foot buffer in accordance with guidance found in the Snail Kite Survey Guidance (USFWS n.d.). The 500-foot buffer accounts for any nesting territories that may overlap the Project Site. Occurrence No snail kites or nests were observed during the field surveys of the Project Site and vicinity. A review of snail kite sightings in eBird show no records within 500-feet of the Project Site. The closest records are near Trail Lakes Campground in March of 2017 and April of 1984. There are also observations near the Turner River and Canoe Lauch (December and February, 2019) (Cornell Lab of Ornithology 2023). Effects and Conservation Measures The Project is situated within previously disturbed uplands and will not directly impact snail kite habitat. Occasional snail kite occurrence along Tamiami Trail East and adjacent wetland forests habitats is possible. However, there are no data to suggest snail kite nesting occurs Page 352 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 17 on site and habitat within the vicinity is not conducive to kite foraging. Construction is expected to commence during June of 2024 and last for approximately 3-5 months. Peak nesting season is between the months of February and July. Disturbance of kite nest sites is not likely to occur. Critical habitat has been designated for the snail kite but is not intersected by the Project. The Applicant has proposed conservation measures as part of the Project to benefit all wildlife during construction and operation. Specifically, the Applicant will: 1. Secure and remove all trash and other attractants from the Project Site on a daily basis during construction; 2. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 3. Avoid or limit the application of insecticides at the Project Site; 4. Implement the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) to the maximum extent practicable to benefit avian resources (Appendix E); 5. Provide educational training for all contractors working on the Project to inform personnel of the listed species that may occur in the Project area, identifying features, protections in place for the species, and any penalties for violation. The training will also include proper reporting procedures for all wildlife sightings and concerns; 6. Conduct a pre-clearing survey prior to construction commencement; 7. Report any snail kite nests to the USFWS FESFO within 48 hours of discovery; and 8. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery. Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the snail kite. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Effect Determination Incidental take of snail kites or their breeding habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of snail kites within the Project Site and vicinity but considering the species may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife during construction and throughout operation to the extent practicable. Critical habitat is not intersected by the Project; therefore, none will be impacted. Page 353 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 18 5.6 RED-COCKADED WOODPECKER The red-cockaded woodpecker (RCW) (Dryobates borealis) is listed as Threatened by the USFWS and protected pursuant to the ESA. Historically, the RCW occurred in mature pine forests throughout the southeastern coastal plain and piedmont, including all 67 Florida counties. The current distribution is highly fragmented and characterized by a majority of relatively small, isolated populations in remaining suitable forests, primarily located on public lands (USFWS 2003). The primary threat to the RCW continues to be destruction or degradation of habitat in association with timbering operations and other land clearing operations and, more recently, the loss of habitat as a result of fire suppression and exclusion. The Project Site intersects the Consultation Area for the species, but no suitable nesting or foraging habitat is present. Critical Habitat has not been designated for the RCW. Action Area To complete the analysis of potential impacts to the RCW as a result of the Project, an action area was defined to include the Project Site and 0.5-mile buffer in accordance with guidance found in the Red-cockaded Woodpecker South Florida Survey Protocol (USFWS 2003). The 0.5-mile buffer accounts for any nesting territories that may overlap the Project Site. Occurrence Suitable foraging habitats in south Florida consist of a pine or pine/hardwood stand of forest, woodland, or savannah in which 50 percent or more of the dominant trees are pines and the dominant pine trees are generally 60 years in age or older. Suitable nesting habitat consists of pine, pine/hardwood, and hardwood/pine stands that contain pines 60 years in age or older and that are within 0.5 miles of suitable foraging habitat (USFWS 2003). No RCW, RCW cavities, or suitable foraging and nesting habitats were observed during the field surveys of the Project Site and vicinity. Field surveys were designed specifically to evaluate the area for presence of mature native tree species and to search these trees for cavities. One pileated woodpecker was observed in association with a dead maple tree in the 250-foot buffer of the Project Site covered as part of the FBB survey. Other avian species observed on the Project Site include northern mockingbird and black vulture. Nearly all RCW populations are known and managed. A review of RCW occurrence data shows no records within 0.5-miles of the Project Site (FWC-FWRI 2005). The closest RCW records are located starting approximately 5.3 miles to the northeast of the Project Site associated with vast areas of the Big Cypress Wildlife Management Area (WMA) (Figure 9). Cumulative Effects At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect the RCW. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 354 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 19 Effect Determination Incidental take of RCW or their habitat is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of RCW or habitat within the Project Site and vicinity, the appropriate determination is that the Project will have “no effect” on the species. No critical habitat has been designated; therefore, none will be impacted. 5.7 EASTERN INDIGO SNAKE The eastern indigo snake (EIS) (Drymarchon couperi) is listed by the USFWS as Threatened and protected pursuant to the ESA. Historically, the EIS occurred throughout Florida and in the coastal plain of Georgia, Alabama, and Mississippi (Krysko et al. 2019). Today, the only remaining viable populations occur in southern Georgia and Florida where the snake uses a wide variety of natural and altered habitats, including scrub, pine flatwoods, dry prairie, pine rocklands, tropical hardwood hammocks, edges of freshwater marshes, mangrove swamps, coastal dunes, pine plantation, farmlands, agricultural lands, canal banks in sugarcane fields, and citrus groves (Krysko et al. 2019). The EIS maintains a large home range and travels seasonally between wetland and upland habitats. Habitat loss and fragmentation remain the greatest threat to the species (Krysko et al. 2019). Potentially suitable habitats are found on the Project Site and on the large tracts of adjacent undeveloped conservation lands in the vicinity. Critical Habitat has not been designated for the species. Action Area To complete the analysis of potential impacts to the EIS as a result of the Project, an action area was defined to include the Project Site and 1-mile buffer to account for the diameter of a male EIS home range for EIS occurrence that may overlap the Project Site. Occurrence No EIS or evidence of the species (e.g., sheds) were observed during the field surveys of the Project Site. Pieces of an invasive Burmese python (Python molurus bivittatus) shed were identified and collected in the open area of the Project Site. This observation was reported via the “IveGot1” app (Version 5.6.1) and during a phone call with the USFWS FESFO. A review of sightings for Burmese pythons in the app show numerous observations along Tamiami Trail East in the vicinity of the Project Site. A review of EIS occurrence data show no records within 1-mile of the Project Site (Figure 10) (FWC-FWRI 2008). The closet records are located approximately 5.2 miles to the north/northwest (2005) and 13.6 miles to the northeast (1980). FWC was contacted by EcoWild via email on August 8, 2023 to confirm if additional (or more recent) sightings were known from Collier County (Krysko et. al. 2019). Specific locations were not shared but general locations were provided and confirm 13 known records for Collier County between 2005 and 2011 (Enge, personal communication 2023). About half of the records came from Page 355 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 20 Rookery Bay and most of the remainder from the CREW Wildlife and Environmental Area (WEA). There is 1 record each from Big Cypress and Fakahatchee Strand. The lack of practical methods to survey for the EIS, in conjunction with its wide-ranging activity, usage of a variety of habitat types, and a lack of available information on density, makes it difficult to estimate the approximate number of EIS (if any) that occur within the Project Site and the vicinity. Effects and Conservation Measures EIS are known to occur in the region. Although EIS are known to use some disturbed areas, there is considered to be a low probability of occurrence for the Project as the Project Site has no known holes, gopher tortoise burrows, or other refugia where a snake could be buried, trapped, or injured during Project activities. There is very little cover for protection from predators. No EIS or signs of the species (i.e., sheds) were observed within the Project Site during field surveys. Further, there will be no loss of native habitats, including wetlands or native tree cover as part of the Project. According to the USFWS Consultation Key for the Eastern Indigo Snake for South Florida (Revised 2017) individual projects that will impact less than 25 acres of potential EIS habitat, provide no refugia sites, and are conditioned to follow the standard BMPs for EIS to limit injury and mortality will not have a measurable effect on the species (USFWS 2017). Conservation measures will be implemented by the Applicant as part of the Project to benefit all wildlife species, including the EIS. Specifically, the Applicant will: 1. Install and use wildlife-friendly lighting on the compound perimeter fencing and individual components of the tower as needed for security purposes (i.e., use downward facing, lowest lumens possible) and avoid permanent night-time lighting to the greatest extent practicable; 2. Implement the USFWS Standard Protection Measures for the Eastern Indigo Snake (USFWS 2022c). At least 30 days prior to any clearing/land alteration activities, the Applicant will notify the USFWS FESFO via e-mail and confirm use of the protection including use of informational materials (i.e., posters and pamphlets) and contractor training. The plan will include instructions for identifying EIS and what to do in the case live or dead EIS are confirmed on the Project Site. As long as the plan is followed as directed, no further approval from USFWS is needed, and the Applicant will move forward with the Project. A final report will be sent to USFWS within 60 days of Project completion; 3. Report any sightings or dead or injured wildlife to USFWS FESFO upon discovery; and 4. Immediately report any invasive Burmese python sightings within the Project Site so that agency response can be initiated to treat (i.e., remove) the species from the wild. Cumulative Impacts At this time, there are no foreseeable future actions that are reasonably expected to occur as a result of the Project that would affect EIS. The majority of land surrounding the Project Site are permanently protected and managed as federal and state-owned conservation lands. Page 356 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 21 Effect Determination Incidental take of EIS is not reasonably certain to occur. In the absence of site-specific, scientific, and commercial data indicating the presence of EIS within the Project Site and vicinity but considering the snake may occur in the region, the appropriate determination is that the Project “may affect” but is “not likely to adversely affect” the species. Conservation measures are provided by the Applicant to minimize impacts to all wildlife, including the EIS, during construction and throughout operation to the extent practicable. No critical habitat has been designated; therefore, none will be impacted. Page 357 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 22 6.0 MIGRATORY BIRDS The Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703–711) is the federal statute that protects nearly all native birds, their eggs, and nests. The statute makes it unlawful "to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to federal regulations." The USFWS concludes that the take of migratory birds resulting from an otherwise lawful activity (i.e., incidental take) is prohibited. There are currently no permits available that authorize incidental take of migratory birds under the MBTA. Bald eagles are further afforded protection under the federal Bald and Golden Eagle Protection Act (BGEPA) (16 U.S.C. 668) which provides for the protection “by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. ‘Take’ includes pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.” Incidental take and nest take are prohibited without a federal permit issued by the USFWS Regional Migratory Bird Program. Executive Order (EO) 13186 (66 Federal Register 3853) (2001) directs federal agencies to evaluate effects to migratory birds as a result of their actions and implement measures to promote conservation of the resource. The EO states that an emphasis should be placed on species of concern, priority habitats, and risk factors while addressing population-level impacts. Migratory birds are species that nest in the U.S. and Canada during the summer, and migrate south to the tropical regions of Mexico, Central and South America, and the Caribbean for the non-breeding season. All migratory bird species in the vicinity of the Project are protected under the MBTA; however, in accordance with EO13186, the geographic and environmental scope of analysis on direct and indirect impacts focuses on Birds of Conservation Concern (BCC) within the vicinity of the Project Site and Audubon-designated Important Bird Areas (IBAs). BCC species are considered priority species for conservation action and may include resident species. IBAs are designated areas that provide essential habitats for breeding, wintering, or migrating birds. 6.1 BIRDS OF CONSERVATION CONCERN According to a review of the USFWS Official Species List, 10 BCC species occur within the general region of the Project Site (Appendix A) (USFWS 2021a). These species may occur or breed within the Project Site or the vicinity during some portion of the year (Appendix A). Desktop evaluation shows that the Project Site is situated within a Global Important Bird Area (IBA) associated with the Big Cypress Swamp Watershed (Audubon n.d.). Page 358 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 23 During construction, birds are expected to avoid or leave the Project Site, if present, and retreat into surrounding habitats in the vicinity which may be of higher quality depending on individual habitat needs. Nesting habitats for BCC species that breed in the region in Florida are considered very limited within the Project Site. Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. Nest abandonment and disturbance to BCC nests is not reasonably expected to occur as most of the BCC species identified in the Official Species List do not have a breeding season that overlaps with the anticipated construction schedule, or else no suitable breeding habitat is available in the Project Site. Further, no native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Project activities will not result in direct intentional taking of migratory birds or their eggs. The only avian species identified during field surveys include the pileated woodpecker, northern mockingbird, and black vulture. None of these species are identified as BCC. Communication towers are some of the tallest structures found across the landscape. It is not definitively understood why bird mortality may occur at these locations, but evidence suggests that night-migrating songbirds are either attracted to or disoriented by tower obstruction warning lighting systems, especially during overcast, foggy, or other low visibility conditions (USFWS 2021b). Birds aggregate in larger numbers at towers with non-flashing lights compared to those with flashing lights, although birds aggregate at flashing lights during the “on” phase, they disperse during the “off” phase. Additionally, birds moving across the landscape at night (e.g., owls and seabirds) can collide with communication tower wires when they are placed in high movement areas (USFWS 2021b). USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable as part of the Project action to benefit bird resources in the area. This includes, but is not limited to, siting the tower in a location with lower quality avian habitats, the use of wildlife friendly lighting on the compound and associated components, a reduction in artificial lighting to the extent practicable, avoidance of insecticide uses within the Project site, and use of only those lighting and markings on the tower that are required in accordance with FAA regulations. Pre-clearing surveys will determine if any BCC species are present or actively nesting within the Project Site in order to provide assurances that direct take of migratory birds, their nests, or young will not occur. Incidental take permits are currently not authorized by the USFWS for migratory birds; therefore, the Applicant is not requesting authorization at this time or providing mitigation as part of the action. Population level impacts to BCC species within the region are not expected to be significant. Appropriate conservation measures and BMPs will be implemented to the extent practicable to benefit bird resources in the vicinity of the Project. Page 359 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 24 6.2 BALD EAGLE One of the 10 BCC species identified as occurring within the vicinity of the Project by IPaC is the bald eagle (Haliaeetus leucocephalus) (Appendix A). The bald eagle may occur or breed in the vicinity of the Project Site during a portion of the year. Desktop evaluation shows two known bald eagle nesting territories occur within 5 miles of the Project Site including CO012 (2.7 miles to the southeast, last recorded in a pine tree) and CO044 (3.7 miles to the west, last recorded in a cypress tree) (Figure 11) (Audubon 2023). No bald eagle nests are known within 660 feet of the Project, which is the largest management zone where nest disturbance is considered possible as a result of an activity (USFWS 2007a). Field surveys for the Project occurred during the early portion of the breeding season for the bald eagle in October of 2023. No bald eagles were seen or heard during the surveys, and no bald eagle nests were located on the Project Site or vicinity. Suitable nesting habitat for the bald eagle is present in the vicinity of the Project Site (e.g., occasional mature pine and dense cypress trees). Project activities will be concentrated in open grassy areas or existing paved asphalt drives that were previously disturbed for construction of the fire control building. No native vegetation will be removed as a result of construction of the Project and no native wetland systems will be impacted. Construction will commence in June of 2024 and is expected to last for a duration of 3-5 months. Bald eagle nesting season is generally from October to May in the southeast region. At this time, disturbance of bald eagles, their nests, and young is not reasonably certain to occur. If at any time bald eagles are observed nesting on the Project Site, the Applicant will coordinate with the USFWS Migratory Bird Program. Communication towers are some of the tallest structures found across the landscape. Bald eagles have adapted to utilizing these manmade structures for nesting and for perching. The USFWS provides Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021b) (Appendix E). The Applicant will implement these BMPs to the maximum extent practicable to benefit bird resources in the Project area. If any birds, including bald eagles, are nesting on the tower and maintenance activities are required, the Applicant will contact the USFWS for permits, recommendations, and requirements. The Applicant will schedule construction and maintenance activities around the nesting and activity schedule of protected birds including the bald eagle to the extent practicable. The Applicant may consider installation of a bird nest exclusion device on the tower if occurrence by nesting birds creates a safety hazard or operational conflict. Page 360 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 25 7.0 SUMMARY Desktop review and field surveys were completed for the Project in accordance with agency protocols and as otherwise discussed in coordination with the USFWS FESFO. As a result of these efforts, federally listed species were identified on or near the Project. The Applicant has proposed appropriate conservation measures to avoid and/or minimize incidental take of listed species to the extent practicable and has provided within this report an analysis of direct, indirect, and cumulative impacts and justification for the appropriate effect determinations in accordance with ESA obligations (Table 7.0-1). Table 7.0-1. Effect Determination Summary for the Carnestown X601 Project. Scientific Name Common Name Effect Determination Eumops floridanus Florida Bonneted Bat May affect, not likely to adversely affect. Puma concolor coryi Florida Panther May affect, not likely to adversely affect. Caracara plancus Crested Caracara May affect, not likely to adversely affect. Laterallus jamaicensis Eastern Black Rail No effect. Rostrhamus sociabilis Snail Kite May affect, not likely to adversely affect. Dryobates borealis Red-cockaded Woodpecker No effect. Drymarchon couperi Eastern Indigo Snake May affect, not likely to adversely affect. The Project overlaps proposed CH Unit 6 for the FBB. In total, there are 1,174,011 acres in 13 Florida counties included in the proposed CH designation by USFWS. Unit 6 encompasses 728,544 acres of land in Collier, Hendry, and Monroe counties that is considered to be occupied by the species. The Project will convert a total of 0.12 acres of disturbed grassland for the tower compound which does not provide critical habitat features for the FBB. The total Project area (tower compound and utilities) is 0.20 acres, which represents an insignificant or negligible amount of the total habitat identified as CH in Unit 6 and in the entire extent of CH for the FBB within its range. For this reason, FBB CH will not reasonably be destroyed or adversely modified as a result of the Project. No other CH designations overlap the Project Site. The Applicant will implement BMPs to benefit migratory birds and bald eagles in the Project area to the extent practicable using the Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning (USFWS 2021) (Appendix E). Population level impacts to BCC species within the region are not expected to be significant. No bald eagles are known to nest within 660 feet of the Project Site and Project activities will occur primarily during the non-breeding season for the species; therefore, disturbance to bald eagles, their nests, or young is not reasonably expected to occur and further coordination with the USFWS Migratory Bird Program regarding BGEPA compliance is not warranted at this time. Page 361 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 26 8.0 REFERENCES Audubon. 2023. Audubon Florida. Eagle Watch Nest Locator Map. Accessed December 2023. https://cbop.audubon.org/conservation/about-eaglewatch-program?_gl=1*1hztqld*_ga*MTIzMjMyMjE5Ny4xNjc4MTM4NDAy*_ga_X2XNL2MWTT*MTcwMjkxNDYyNC40OC4xLjE3MDI5MTQ4NjUuMjAuMC4w Audubon. n.d. Important Bird Areas. Public Mapping Tool. Accessed December 2023. https://www.audubon.org/important-bird-areas Avian Knowledge Network. 2023. Beneficial Practices. Available online: https://avianknowledge.net/index.php/beneficial-practices/ Bat Conservation International. 2023. Bats in Homes and Buildings. Web page. https://www.batcon.org/about-bats/bats-in-homes-buildings/ Collier County. 2023. Property Appraiser. GIS Maps. https://www.collierappraiser.com/ Cornell Lab of Ornithology. 2023. eBird. Maps. Explore by Species. Accessed December 2023. https://ebird.org/map Eddleman, W. R., R. E. Flores, and M. Legare (2020). Black Rail (Laterallus jamaicensis), version 1.0. In Birds of the World (A. F. Poole and F. B. Gill, Editors). Cornell Lab of Ornithology, Ithaca, NY, USA. https://doi.org/10.2173/bow.blkrai.01 Enge, Kevin. Personal Communication. Email. August 8, 2023. Federal Register. 2022a. Volume 87. Number 224. November 22, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Endangered Florida Bonneted Bat. Revised Proposed Rule. 71466-71501. Federal Register. 2022b. Volume 87. Number 198. October 14, 2022. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Sideroxylon reclinatum ssp. austrofloridense (Everglades bully), Digitaria pauciflora (Florida pineland crabgrass), Chamaesyce deltoidea ssp. pinetorum (pineland sandmat), and Dalea carthagenensis var. floridana (Florida prairie-clover). Proposed Rule. 62564-62611. Federal Register. 2020. Volume 85. Number 196. October 8, 2020. Endangered and Threatened Wildlife and Plants; Threatened Species Status for Eastern Black Rail With a Section 4(d) Rule. Final Rule. 63764-63803. Florida Fish and Wildlife Conservation Commission and Florida Natural Area Inventory (FWC-FNAI). 2023. Cooperative Land Cover (CLC). Version 3.6. https://myfwc.com/research/gis/wildlife/cooperative-land-cover/ Page 362 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 27 FWC-FWRI. 2023a. Florida Panther Mortality. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-mortality/explore?location=25.884257%2C-81.270882%2C14.83 FWC-FWRI. 2023a. Florida Panther Telemetry. GIS Data. https://geodata.myfwc.com/datasets/myfwc::florida-panther-telemetry/explore FWC-FWRI. 2008. Eastern Indigo Snake locations. GIS data. FWC-FWRI. 2005. Red Cockaded Woodpecker Locations. GIS data. Krysko, K.L., K.M. Enge, and P.E. Moler. 2019. Amphibians and Reptiles of Florida. University of Florida Press. Gainesville, Florida. Morrison, J. L. and J. F. Dwyer. 2023. Crested Caracara (Caracara plancus), version 1.1. In Birds of the World (N. D. Sly, Editor). Cornell Lab of Ornithology, Ithaca, New York. https://doi.org/10.2173/bow.y00678.01.1 USDA-NRCS. 2023. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx U.S. Fish and Wildlife Service (USFWS). 2023a. Florida Bonneted Bat Regulatory Survey Data Submission Protocol – Using Kaleidoscope Pro (DRAFT). Florida Ecological Services Field Office. USFWS. 2023b. Critical Habitat for Threatened and Endangered Species. Web Mapping Tool. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77 USFWS. 2022a. Environmental Conservation Online System (ECOS). Accessed November 2023. https://ecos.fws.gov/ecp/ USFWS. 2022b. Four Everglades Plants Proposed Critical Habitat. Frequently Asked Questions. Web Page. https://www.fws.gov/story/2022-10/faq-proposed-critical-habitat-4-everglades-plants USFWS. 2022c. Standard Protection Measures for the Eastern Indigo Snake. https://www.fws.gov/story/eastern-indigo-snake-conservation USFWS. 2021a. Birds of Conservation Concern 2021. Migratory Bird Program. Available online: https://www.fws.gov/sites/default/files/documents/birds-of-conservation-concern-2021.pdf USFWS. 2021b. Recommended Best Practices for Communication Tower Design, Siting, Construction, Operation, Maintenance, and Decommissioning. Migratory Bird Program. Page 363 of 886 Carnestown X601Tower Biological Assessment Collier County, Florida Project Code 2023-0092905 28 Falls Church, Virginia. USFWS. 2019a. Florida Bonneted Bat Consultation Guidelines. South Florida Ecological Services Office. USFWS. 2019b. Species Status Assessment Report for the Eastern Black Rail (Laterallus jamaicensis jamaicensis). Version 1.3. Southeast Region. Atlanta, Georgia. USFWS. 2017. Consultation Key for the Eastern Indigo Snake – Revised. Letter to the U.S. Army Corps of Engineers. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2007a. National Bald Eagle Management Guidelines. Available online: https://www.fws.gov/media/national-bald-eagle-management-guidelines USFWS. 2007b. Panther Effect Determination Key. Letter to the U.S. Army Corps of Engineers dated February 19, 2007. South Florida Ecological Services Field Office, Vero Beach. USFWS. 2004a. Species Conservation Guidelines South Florida. Red-cockaded Woodpecker. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2004b. Species Conservation Guidelines South Florida. Audubon’s Crested Caracara. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. 2003. Red-cockaded Woodpecker South Florida Survey Protocol. Adapted from Service 2003. South Florida Ecological Services Field Office. Vero Beach, Florida. USFWS. n.d. Snail Kite Survey Guidelines. Florida Ecological Services Field Office. Gainesville, Florida. USFWS-NMFS. 1998. Endangered Species Consultation Handbook. Available online: https://media.fisheries.noaa.gov/dam-migration/esa_section7_handbook_1998_opr5.pdf Page 364 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting January 9, 2025 Michael Sawyer Project Manager II Transportation Management Services Department 2685 S Horseshoe Drive Naples, FL 34104 Re: PL20230011384 TIS Waiver Request Dear Mr. Sawyer: This letter is a formal request for a no impact TIS Waiver per the pre application meeting notes for PL20230011384. The proposed emergency communications tower at 40808 Tamiami Trail E is not anticipated to generate greater than +/- 6 trips per month for maintenance purposes, thus having minimal to no impact on Tamiami Trail. Should you have any questions or require additional information please contact me directly at 239.434.6060 or via email: jeff@davidsonengineering.com Sincerely, Jeff Davidson, P.E. President Page 365 of 886 Historic Preservation/Forms/rev. 06/05/08 1 COLLIER COUNTY WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND ARCHAEOLOGICAL SURVEY AND ASSESSMENT DATE SUBMITTED: _______________ PLANNER: Laura DeJohn PETITION NUMBER ASSOCIATED WITH THE WAIVER: PL20230011384 (To Be Completed By Zoning and Land Development Review Staff) PROJECT NAME: EMS Communication Tower Ochopee (CU) LOCATION: (Common Description) 40808 Tamiami Trail E ________________________________________________________________________ ________________________________________________________________________ SUMMARY OF WAIVER REQUEST: Request for a waiver requirement for a historical and archaeological survey due to the site’s existing conditions. Currently Ochopee Fire Control District Station 66 is built and operational on the site, and the proposed area of impact for the communication tower for 911 emergency service is already cleared and disturbed land. The proposed tower is an essential service, and the current tower servicing this area located at Carnestown is being forced to relocate by the State of Florida. The selected site at Fire Station 66 is the most ideal site for the relocation of this essential service, and the most disturbed portion of the site has been selected for the tower. ________________________________________________________________________ (Properties located within an area of Historical and Archaeological Probability but with a low potential for historical/archaeological sites may petition the Community Development & Environmental Services Administrator County Manager or designee to waive the Page 366 of 886 Historic Preservation/Forms/rev. 06/05/08 2 requirement for a Historical/Archaeological Survey and Assessment. Once the waiver application has been submitted, it shall be reviewed and acted upon within five (5) working days. The waiver request shall adequately demonstrate that the area has low potential for historical/archaeological sites.) Page 367 of 886 Historic Preservation/Forms/rev. 06/05/08 3 SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA A.Name of applicant (s) (if other than property owner, state relationship such as option holder, contract purchaser, lessee, trustee, etc.): Collier County Emergency Management Mailing Address: 8075 Lely Cultural Parkway ___________________________________________________________________ Phone: 239-252-3615 ___________________________ FAX: E-Mail: steven.hall@colliercountyFL.com B.Name of agent(s) for applicant, if any: Jeff Davidson, P.E. - Davidson Engineering, Inc. Mailing Address: 4365 Radio Road, Naples, FL 34104 ___________________________________________________________________ Phone: 239-434-6060 FAX: ____________________ E-Mail: Jeff@DavidsonEngineering.com C.Name of owner(s) of property: Collier County Board of Commissioners ___________________________________________________________________ Mailing Address: _____________________________________________________ ___________________________________________________________________ Phone: ( ) _____________________________ FAX: ___________________ E-Mail: _____________________________________________________________ Note: If names in answers to A and/or B are different than name in C, notarized letter(s) of authorization from property owner (C) must be attached. Page 368 of 886 Historic Preservation/Forms/rev. 06/05/08 4 SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page (obtainable from Clerk’s Office at the original scale) with subject property clearly marked.) A.Legal description of subject property. Answer only 1 or 2, as applicable. 1.Within platted subdivision, recorded in official Plat Books of Collier County. Subdivision Name: __________________________________________________ Plat Book ________ Page ________ Unit _______ Block _______ Lot ________ Section __________ Township __________ Range __________ 2.If not in platted subdivision, a complete legal description must be attached which is sufficiently detailed so as to locate said property on County maps or aerial photographs. The legal description must include the Section, Township and Range. If the applicant includes multiple contiguous parcels, the legal description may describe the perimeter boundary of the total area, and need not describe each individual parcel, except where different zoning requests are made on individual parcels. A boundary sketch is also required. Collier County has the right to reject any legal description, which is not sufficiently detailed so as to locate said property, and may require a certified survey or boundary sketch to be submitted. 35 52 30 E1/2 OF W1/2 OF W1/2 OF E1/2 OF E1/2, LYG S OF US 41 5.34 AC OR 677 PG 986 B.Property dimensions: Area: __________________ square feet, or 5.34 acres Width along roadway: 135’ Depth: ____________________________________________________________ C.Present use of property: Ochopee Fire District Station 66 __________________________________________________________________ D.Present zoning classification: Conservation (CON) Page 369 of 886 Historic Preservation/Forms/rev. 06/05/08 5 SECTION THREE: WAIVER CRITERIA Note: This provision is to cover instances in which it is obvious that any archaeological or historic resource that may have existed has been destroyed. Examples would be evidence that a major building has been constructed on the site or that an are a has been excavated. A.Waiver Request Justification. 1.Interpretation of Aerial Photograph: Proposed site is cleared, grassy land at 2.4’-2.7’ elevation. 2.Historical Land Use Description: The existing structure was constructed in 1977 per building permit 77-558. Prior to this the site was undeveloped. 3.Land, cover, formation and vegetation description: Please see included environmental information. 4.Other: No obvious evidence of excavation or prior construction exists on site. B.The County Manager or designee may deny a waiver, grant the waiver, or grant the waiver with conditions. He shall be authorized to require examination of the site by an accredited archaeologist where deemed appropriate. The applicant shall bear the cost of such evaluation by an independent accredited archaeologist. The decision of the County Manager or designee regarding the waiver request shall be provided to the applicant in writing. In the event of a denial of the waiver request, written notice shall be provided stating the reasons for such denial. Any party aggrieved by a decision of the County Manager or designee regarding a waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the Preservation Board regarding a waiver request may appeal that decision to the Board of County Commissioners. Page 370 of 886 Historic Preservation/Forms/rev. 06/05/08 6 SECTION FOUR: CERTIFICATION A.The applicant shall be responsible for the accuracy and completeness of this application. Any time delays or additional expenses necessitated due to the submittal of inaccurate or incomplete information shall be the responsibility of the applicant. B.All information submitted with the application becomes a part of the public record and shall be a permanent part of the file. C.All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a legal size (8 ½” x 14”) folder. ______________________________ Signature of Applicant or Agent ______________________________ Printed Name of Applicant or Agent ===================================================================== -TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION- SECTION FIVE: NOTICE OF DECISION The County Manager or designee has made the following determination: Approved on: _____________ By:______________________________ Approved with Conditions on: ____________ By: _____________________________ (see attached) Denied on: _______________ By: ______________________________ (see attached) Jeff Davidson, P.E. - Agent Page 371 of 886 AFFIDAVIT OF AUTHORIZATION FOR PETITION NUMBERS(S)P1202300r r364 Aw,q Elttrson ,", 0;wnlrt l'lonoqer(print name)(title, ift, a U pplcaotM nder oath, that I am the (choose one) owner applicant contra lcdmpany, lf app*able), swear or affirm ct purchaserIand that: f collter colnty 1. I have full authority to secure the approval(s) requested and to impose covenants and restrictions on the referenced property as a result of any action approved by the County in accordance with this application and the Land Development Code; 2. All answers to the questions jn this application and any sketches, data or other supplementary matter attached hereto and made a part of this application are honesl 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 that4. The property will be transferred, conveyed, sold or subdivided subject to the conditions and restrictions imposed by the approved action. 5. We/l aUthOfiZe oavdson Ensine€nng,lnc to act as our/my representative in any matters regarding this petition including 1 through 2 above *Nores: . lf the applicant is a corporation, then it is usually executed by the corp. pres. orv. pres. . lf the applicant is a Limited Liability Company (L.L.C.) or Limited Company (L.C.), then the documents should typica y be signed by the Company's "Managing Member.". lf the applicant is a paftnership, then typically a partner can sign on behalf of the partnership.. lf the applicant is a limited painership, then the general paftner must sign and be identified as the "general padner" of the named partnership. c lf the applicant is a trust, then they must include the trustee's name and the words "as trustee".. ln each instance, first determine the applicant's sratus, e.9,, individual, corporate, trust, paftnership, and then use the appropriate format for that ownership. Under penalties of periury, I declare that I have read the foregoing Affidavit of Authorization and that the s stated in it a true. fi lrc1l 73 Signature Date I he foregoing instrument was acknowleged before me by means of lfinysicatpre ence or Eonline notarization this STATE OF FLORIDA COUNry OF COLLIER Such person(s) Notary Public must check applicable box 6e personally *nown to me lilAFlA PIZARRO Notary Publlc Stat. of Flodd. Comm# HHf768/t E4lrt6 9n027I Has produced a current drivers license Notary Signature C cP\0&coA-001l5\155 Rfv 3/4/2020 E Has produced _ as identification. ) Page 372 of 886 From:Timothy Finn To:Ray Bellows; Ailyn Padron; Jessica Kluttz Cc:Eric Ortman Subject:RE: PL20230011384 Historic Preservation Waiver Date:Tuesday, March 5, 2024 12:00:39 PM Attachments:image002.jpg image003.jpg image004.jpg image005.png image006.gif image007.gif image008.png collierlogo_bc4e7ee2-8235-4d00-8774-cd5110071b39.jpg fb_00e65385-a43c-4497-b8d7-07c5a47c9913.jpg insta_0af32327-1145-4574-ae51-5dd15a6f38d5.jpg X-logo-black-32x32_c19684b4-b806-4f68-82de-c15698629dfa.png youtube_301e93df-f36e-4281-a711-91384ad28f83.gif 311_4b451a5f-a445-4cc3-bbaa-a387a86aa3d5.gif Hi All, I just verified through our GIS map that this property does not need a waiver as this is not within any historic probability areas and does not contain any historic structures. As such, this waiver will not be presented at the March 15 HAPB meeting. Timothy Finn Planner III Zoning Office:239-252-4312 Timothy.Finn@colliercountyfl.gov From: Ray Bellows <Ray.Bellows@colliercountyfl.gov> Sent: Tuesday, March 5, 2024 11:29 AM To: Timothy Finn <Timothy.Finn@colliercountyfl.gov>; Ailyn Padron <Ailyn.Padron@colliercountyfl.gov> Subject: FW: PL20230011384 Historic Preservation Waiver Has a draft HAPB agenda been created yet? Ray Bellows Manager - Planning Zoning Ray.Bellows@colliercountyfl.gov From: Jessica Kluttz <JessicaK@davidsonengineering.com> Sent: Tuesday, March 05, 2024 10:57 AM To: Eric Ortman <Eric.Ortman@colliercountyfl.gov>; Ray Bellows <Ray.Bellows@colliercountyfl.gov> Subject: PL20230011384 Historic Preservation Waiver EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good afternoon, Per the rejection comment on PL20230011384 regarding the historic preservation waiver, I wanted to request that this item be put on the next available Historic Preservation Board agenda on March 15 so the project can move forward and the essential Page 373 of 886 service of emergency communications can be established. Please let me know if any action is needed on our end. Thank you, Jessica Kluttz, AICP Planner Main: 239.434.6060 JessicaK@davidsonengineering.com www.DavidsonEngineering.com 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. Page 374 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Civil Engineering • Planning • Permitting D esigning E xcellence M E M O R A N D U M May 10, 2024 To: Collier County Development Services From: Jessica Kluttz, AICP RE: EMS Tower NIM Davidson Engineering conducted a Neighborhood Information Meeting regarding the Communication Tower Conditional use, PL20230011384, on Thursday May 9 at 5:30pm. The meeting was held at Everglades City Hall in the council chambers, located at 102 Copeland Ave, Everglades City, FL 34139. There was a total of 0 in- person or remote attendees from the public. No members of the public requested a virtual link to attend. Six members of the project team attended in-person. Attached to this letter is the sign in sheet from the meeting, the provided hand out for attendants, and the PowerPoint Presentation prepared for the meeting. The list of individuals below, associated with the project, attended the meeting: - Jessica Kluttz, Davidson Engineering - Nathan Hinkle, Collier County Emergency Management - Scott Pardue, Collier County Sheriff - Tom Forsyth, Collier County Sheriff - Josh Bow, Greater Naples Fire Rescue - Robert Renthe, Collier County Sheriff As no members of the public attended, no presentation was given. The project team left at 6:00 PM. Page 375 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Neighborhood Information Meeting May 9, 2024 Collier County Emergency Communication Tower Conditional Use (PL20230011384) The site is located at 40808 Tamiami Trail E in Naples, FL, a 5.34 acre site. The purpose of this application is to allow for a 350’ tall self supporting communications tower at the current site of Ochopee Fire Control District Station 66. The current zoning of the site is Conservation. The existing station will not be altered and the tower is to be sited in a currently cleared portion of the site. This tower will provide essential emergency communication services for Collier County 911 Emergency Services, State Law Enforcement Radio System and National Parks Service. The tower will also be constructed with the capability to support multiple cellular providers. The tower shall be designed with a 250’ fall radius, which means that should the tower fall in a category IV or higher storm event, it will not impact Tamiami Trail E or structures on any other property. The following deviations are sought: LDC 5.05.09.F.2.g.i.: Wireless communication facilities shall be screened with a wall or 30 fence. The wall or fence shall be 100 percent opaque with a 31 minimum height of 8 feet and maximum height of 10 feet. Applicant is requesting the County to allow for a standard chain link fence around the tower without screening. LDC 5.05.09.F.2.b.: Limits tower height to 185’ in a non-agricultural zoning district. Applicant is requesting the County to allow for a 350’ tower in the Conservation zoning district. Page 376 of 886 Page 377 of 886 Ochopee Emergency Communication Tower CONDITIONAL USE-PL20230011384 NEIGHBORHOOD INFORMATION MEETING 5/9/2024 1Page 378 of 886 Project Location: 40808 Tamiami Trail E. 5/9/2024 2Page 379 of 886 Zoning- Conservation District Permitted Uses: ◦Single Family House ◦Open Space/Recreation/Preservation ◦Family Care Facilities ◦Specific Agricultural Uses per State Standards ◦Essential Services- Utilities Conditional Uses: ◦Accessory Commercial Use (Agricultural/Recreational) ◦Oil/Gas Field Development ◦Essential Services- Utilities, Safety Services, Communication Towers 5/9/2024 3Page 380 of 886 Proposed Use 350’ Self Supporting Tower Essential Service: Collier County 911 Emergency Services, State Law Enforcement Radio System and National Parks Service. Capability to Support Multiple Cellular Providers. 5/9/2024 4Page 381 of 886 Impacts on Area ◦Site – Largest impact is the visibility of a tower. Typically in about 3 months, these generally fade into background. ◦Sound – The generator will have some sound during testing and power outages, but the generator housing is designed to minimize most of the sound (tactically quiet), so will be heard only within a small vicinity. ◦Smell – None anticipated. ◦Safety – Please note that the towers are not designed to fail and the design criteria is for a Risk Category IV storm, similar to hospitals and other critical infrastructure ◦RF exposure meets all of the FCC guidelines due to height of antenna and output wattage. 5/9/2024 5Page 382 of 886 Tower Design KCI Technologies, Inc. has reviewed and ensured that the tower will be in compliance with the 250-ft fall zone radius for Collier County. The tower has been designed to comply with TIA-222-H and the 2020 Florida Building Code. The tower design incorporates a section within the to be the highest capacity. Therefore, under the TIA design criteria, if the design limits are exceeded, the tower member with the highest capacity will lead to failure at that particular section of the tower. This tower has been designed with the diagonal bolts at the 100-ft elevation of the 350-ft tall tower, which is the highest capacity member. The bracing bolts will fail in shear and will cause the tower to “fold over” and reduce the wind load in the remainder of the tower. This will allow the tower to remain within the desired fall radius per the zoning criteria as the maximum distance of tower “folding over” will be 250-ft measured from the base of the tower. 5/9/2024 6 100’ Page 383 of 886 Separation & Fall Radius 5/9/2024 7 370’ 1050’ 250’ Page 384 of 886 Image provided by KCI of tower failure, demonstrating the fall zone with a failure point 100’ up the tower in a Category IV or worse storm event. 5/9/2024 8Page 385 of 886 5/9/2024 9Page 386 of 886 Tower Uses & Deviations Tower use: Emergency communications services as well as capability to support cellular service. The applicant would like to formally request a deviation from: LDC 5.05.09.F.2.g.i.: Wireless communication facilities shall be screened with a wall or 30 fence. The wall or fence shall be 100 percent opaque with a 31 minimum height of 8 feet and maximum height of 10 feet. Applicant is requesting the County to allow for a standard chain link fence around the tower without screening. LDC 5.05.09.F.2.b.: Limits tower height to 185’ in a non-agricultural zoning district. Applicant is requesting the County to allow for a 350’ tower in the Conservation zoning district. 5/9/2024 10Page 387 of 886 Thank You Please feel free to contact me with any questions. JESSICAK@DAVIDSONENGINEERING.COM 239-434-6060 5/9/2024 11Page 388 of 886 Page 389 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting April 19, 2024 Dear Property Owner: Please be advised that a formal application has been submitted to Collier County seeking approval of a Conditional Use PL20230011384 for the following described property 5.34 acres in size: 40808 Tamiami TRL E, Ochopee, FL 34141 The petitioner is asking the County to approve this application to allow for a 350’ tall emergency communication tower on the subject property which is zoned Conservation and currently houses the Ochopee Fire Control Station 66. In compliance with the Land Development Code requirements, a Neighborhood Information Meeting will be held to provide you an opportunity to become fully aware of our development intentions and to give you an opportunity to influence the form of development . The Neighborhood Information Meeting will be held on May 9th, 2024 at 5:30 PM at the Everglades City Hall. The address of this location is 203 Buckner Ave, Everglades City, FL 34139 At this meeting the petitioner will make every effort to illustrate how the property will be developed and to answer any questions. The Neighborhood Information Meeting is for informational purposes, it is not a public hearing. Should you have questions prior to the meeting, please contact me at 239-434-6060 or JessicaK@DavidsonEngineering.com . A link to join the meeting virtually may also be requested. Sincerely, Jessica Kluttz, AICP Planner, Davidson Engineering Page 390 of 886 PID Name 1 Name 2 Address 1 Address 21148600002 NATIONAL PARK SERVICES ATTN: BRIAN COLEMAN 2975 HORSESHOE DR S, STE 800 NAPLES, FL 341041148480002 SHEALY, JACK M 40904 TAMIAMI TRL E OCHOPEE, FL 341411148400008 NATIONAL PARK SERVICES ATTN: BRIAN COLEMAN 40800 TAMIAMI TRL E OCHOPEE, FL 34141Page 391 of 886 Page 392 of 886 Page 393 of 886 Page 394 of 886 Page 395 of 886 2/6/2025 Item # 9.B ID# 2025-160 PL20220005195- Hope Home II Subdistrict GMPA- 3150 62nd Street S.W. - An Ordinance of The Board of County Commissioners proposing an amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically amending the Urban Golden Gate Estates Sub-Element of the Golden Gate Estates Master Plan Element and Urban Golden Gate Estates Future Land Use Map and map series to create The Hope Home II Institutional Subdistrict by changing the land use designation from Mixed Use District, Residential Estates Subdistrict to Estates- Commercial District, Hope Home II Institutional Subdistrict to allow a recovery residence limited to 23 residents and three resident supervisors, a single family dwelling and a family care facility, and furthermore directing transmittal of the adopted amendment to the Florida Department of Commerce. The subject property is ±4.47 acres and located at 3150 62nd Street SW in Section 29, Township 49 South, Range 26 East, Collier County, Florida. [Coordinator: Parker Klopf, Planner III] (Companion Item PL20220005096) ATTACHMENTS: 1. Staff report 7-15-24 2. Ordinance 012925 3. Operational Info 4. Letters of Objection 1-8-25 5. 12-18-24 NIM Synopsis and PowerPoint Presentation 6. 8-9-23 NIM Synopsis and PowerPoint Presentation 7. Public Hearing Sign Photo and Affidavit 1-27-25 Page 396 of 886 1 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT, ZONING DIVISION, COMPREHENSIVE PLANNING SECTION HEARING DATE: FEBRUARY 6, 2025 SUBJECT: PETITION PL20220005195/SMALL SCALE GROWTH MANAGEMENT PLAN AMENDMENT FOR THE HOPE HOME II SUBDISTRICT (COMPANION to PUDZ-PL20220005096) ELEMENTS: FUTURE LAND USE ELEMENT (FLUE) ____________________________________________________________________________________ AGENT/APPLICANT: Agent: Richard D. Yovanovich Coleman, Yovanovich, & Koester 4001 Tamiami Trail N. #300 Naples, Florida 34103 Applicant: David Lawrence Mental Health Center Inc. 6075 Bathey Ln. Naples, FL 34116 Owner: David Lawrence Mental Health Center Inc. 6075 Bathey Ln. Naples, FL 34116 GEOGRAPHIC LOCATION: The subject property comprises ±4.47 acres and is located at 3150 62nd Street SW in Section 29, Township 49 South, Range 26 East of Collier County. Page 397 of 886 2 Page 398 of 886 3 REQUESTED ACTION/ DESCRIPTION OF PROJECT: The applicant proposes a small-scale Growth Management Plan Amendment (GMPA) to the Future Land Use Element (FLUE), specifically to establish the ±4.47 Acre Hope Home II within the Urban Golden Gate Estates, allowing a recovery residence with up to 30 persons under care. EXISTING CONDITIONS: Subject Property: The subject site is ±4.47 at 3150 62nd Street SW in Section 29, Township 49 South, Range 26 East of Collier County. According to the official Future Land Use map the site is located within the Residential Estates subdistrict of the Rural Golden Gate Future Land Use Element as well as being the zoned Estates (E) according to the current zoning atlas. The Future Land Use designation is intended to accommodate Single-family residential development allowed within this Subdistrict at a maximum density of one unit per 2.25 gross acres or one unit per legal non-conforming lot of record. Surrounding Lands: North: Future Land Use Designation; Residential Estates subdistrict. Zoned; Estates. Land Use; Vacant Residential. East: Future Land Use Designation; Residential Estates subdistrict. Zoned; Estates. Land Use; Single-Family Residential. South: Future Land Use Designation; Residential Estates subdistrict. Zoned; Estates. Land Use: Storm Water weir. West: Future Land Use Designation; Residential Estates subdistrict. Zoned, Estates (E). Land Use; Interstate 75. In summary, the existing and planned land uses in the larger surrounding area are primarily low-density single-family residences or institutional uses. BACKGROUND AND ANALYSIS: The applicable Urban Golden Gate Estates Future Land Use Map designates the subject property as part of the Residential Estates Subdistrict, which exists to permit residential development. According to the current zoning map, the subject site is Estates zoned and was originally developed with a single-family residence in 1980. In 2019, The David Lawrence Center purchased the property from the previous owners and converted the residence onsite into a family care facility focusing on drug rehabilitation. These facilities are allowed within the current Estates zoning designation with a requirement of 1000 ft of separation between facilities as well as a restriction of 6 patients under care. The proposed GMPA establishes a new subdistrict to allow development of a recovery residence with up to 30 patients under care. The applicant justified the proposed amendment by including references to the Collier County Strategic Plan. This plan calls for the support of organizations that provide human services, including mental health services, for the overall benefit of Collier County. The applicant believes that the expansion of the Hope Home will allow David Lawrence Center to better address the needs of the community by providing mental health and drug counseling services in a manner that is consistent with the goals and policies of the strategic plan as well as provide a place for those residents who are in the process of leaving addiction and moving towards a normal life. Though the proposed request is inconsistent with the goals and policies of the urban Golden Gate Estates Master Plan, staff agrees that there is a need for recovery residences near the county’s main mental health provider, the David Lawrence Center. A recovery residence such as the one proposed will provide for comprehensive mental health and substance abuse counseling in a manner that has been proven to be successful by providing those under care a living situation that promotes positive life decisions through a community of people who have dealt with or are going through similar issues. Staff recognizes that the unique location of the proposed facility, on the western and southern edge of the existing neighborhood, adjacent to the canal and I-75 off-ramp to the east west and State-owned land to the south, and one undeveloped parcel to the north and three developed parcels to the east, isolate the Page 399 of 886 4 potential impact of the facility on the existing neighborhood. This unique geography minimizes the impacts the facility will have on the existing neighborhood, but in an abundance of caution, believes lowering the overall intensity of the facility will help further establish compatibility and minimize potential impacts. This is further bolstered by the fact that the transportation system to access the site, 62nd Street Southwest, has only four residential and two non-residential units that utilize the street. This determination of compatibility is supported by the fact that the existing family care facility at the location has coexisted with the neighborhood with minimum to no documented code or law enforcement issues. It is the opinion of staff that the proposed number of residents under care is greater than what would normally be associated with a residential recovery center without the approval of a conditional use. Staff believes that a reduction in the overall intensity of the project would help to assimilate the use into the area. This can be achieved by reducing the number of residents from 30 to 26 or a 13.33% reduction in the number of residents. Overall, while staff believes this proposed facility is appropriately located to minimize its impact, Staff’s position is that reducing the number of residents will further ensure that neighborhood compatibility, required by the Land Development Code, is achieved. CRITERIA FOR GMP AMENDMENTS FLORIDA STATUTES: Data and analysis requirements for comprehensive plans and plan amendments are noted in Chapter 163, F.S., specifically as listed below. Section 163.3177(1)(f), Florida Statutes: (f)All mandatory and optional elements of the comprehensive plan and plan amendments shall be based upon relevant and appropriate data and an analysis by the local government that may include, but not be limited to, surveys, studies, community goals and vision, and other data available at the time of adoption of the comprehensive plan or plan amendment. To be based on data means to react to it in an appropriate way and to the extent necessary, as indicated by the data available on that particular subject at the time of adoption of the plan or plan amendment at issue. 1.Surveys, studies, and data utilized in the preparation of the comprehensive plan may not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys, data, and supporting documents for proposed plans and plan amendments shall be made available for public inspection, and copies of such plans shall be made available to the public upon payment of reasonable charges for reproduction. Support data or summaries are not subject to the compliance review process, but the comprehensive plan must be clearly based on appropriate data. Support data or summaries may be used to aid in the determination of compliance and consistency. 2.Data must be taken from professionally accepted sources. The application of a methodology utilized in data collection or whether a particular methodology is professionally accepted may be evaluated. However, the evaluation may not include whether one accepted methodology is better than another. Original data collection by local governments is not required. However, local governments may use original data so long as methodologies are professionally accepted. 3.The comprehensive plan shall be based upon permanent and seasonal population estimates and projections, which shall either be those published by the Office of Economic and Demographic Research or generated by the local government based upon a professionally acceptable methodology. The plan must be based on at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, including related rules of the Administration Commission. Absent physical limitations on population growth, population projections for each municipality, and the unincorporated area within a county must, at a minimum, be reflective of each area’s proportional share of the total county population and the total county population growth. Page 400 of 886 5 Section 163.3177(6)(a)2., Florida Statutes: 2.The future land use plan and plan amendments shall be based upon surveys, studies, and data regarding the area, as applicable, including: a.The amount of land required to accommodate anticipated growth. b.The projected permanent and seasonal population of the area. c.The character of undeveloped land. d.The availability of water supplies, public facilities, and services. e.The need for redevelopment, including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. f. The compatibility of uses on lands adjacent to or closely proximate to military installations. g.The compatibility of uses on lands adjacent to an airport as defined in s. 330.35 and consistent with s. 333.02. h.The discouragement of urban sprawl. i.The need for job creation, capital investment, and economic development that will strengthen and diversify the community’s economy. j.The need to modify land uses and development patterns within antiquated subdivisions. Section 163.3177(6)(a)8., Florida Statutes: (a)A future land use plan element designating proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public facilities, and other categories of the public and private uses of land. The approximate acreage and the general range of density or intensity of use shall be provided for the gross land area included in each existing land use category. The element shall establish the long-term end toward which land use programs and activities are ultimately directed. 8.Future land use map amendments shall be based upon the following analyses: a.An analysis of the availability of facilities and services. b.An analysis of the suitability of the plan amendment for its proposed use considering the character of the undeveloped land, soils, topography, natural resources, and historic resources on site. c.An analysis of the minimum amount of land needed to achieve the goals and requirements of this section. The petitioner must provide appropriate and relevant data and analysis to address the statutory requirements for a Plan Amendment. For this petition, the Collier County Strategic Plan as it relates to community Health, wellness, and human services. Section 163.3187, Florida Statutes: Process for adoption of small-scale comprehensive plan amendment. (1)A small-scale development amendment may be adopted under the following conditions: (a)The proposed amendment involves a use of 50 acres or fewer. [The subject site comprises ±4.47 acres.] (b)The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government’s comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small-scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small-scale future land use map amendment shall be permissible under this section. [This amendment does Page 401 of 886 6 include a text change to the Comprehensive Plan and those text changes are directly related to the proposed future land use map amendment.] (c)The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 380.05(1). [The subject property is not located within an Area of Critical State Concern.] (4)Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177. Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. [This amendment preserves the internal consistency of the plan and is not a correction, update, or modification of current costs that were set out as part of the comprehensive plan.] NEIGHBORHOOD INFORMATION MEETING (NIM) NOTES: The agent/applicant duly noticed and held the required NIM on August 9, 2023. In addition to the Agents team and county staff, approximately 25 opposing residents attended the meeting. For further information, please see the NIM Synopsis and PowerPoint Presentation. Due to the passing of a year, a second NIM was required and was held on December 18, 2024. Approximately 11 opposing residents were in attendance. Please see the NIM Synopsis and PowerPoint Presentation 12-18-24. Please see Attachments – Letters of Objection. FINDINGS AND CONCLUSIONS: (FINDINGS PER 163.3177(6)(A)2 A.—J.) •The Hope Home II Subdistrict proposes a Growth Management Plan Amendment to create a new subdistrict that allows a recovery residence with a maximum of 30 residents. •Group Care Facilities such as this are comparable and compatible with surrounding densities subject to design criteria. •County water and wastewater service is not available to the site. •Transportation system impacts have not been identified with this petition. Environmental Findings: The subject property is ±4.47 acres. The native vegetation on site was field verified by staff during the review of the Planned Unit Development (PUD) for the project. The property is currently zoned Estates. The proposed GMP amendment will not affect the requirements of the Conservation and Coastal Management Element (CCME) of the GMP. Native vegetation on-site will be retained in accordance with the requirements of CCME Policy 6.1.1 and section 3.05.07 of the LDC. LEGAL CONSIDERATIONS: This Staff Report was reviewed by the County Attorney’s Office on July 9, 2024. The criteria for GMP amendments to the Future Land Use Element are in Sections 163.3177(1)(f) and 163.3177(6)(a)2, Florida Statutes. The criteria for changes to the Future Land Use Map is in Section 163.3177(6)(a)8, Florida Statutes. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition PL20220005195 to the Board of County Commissioners (BCC) with a recommendation of approval if the number of occupants within the facility is reduced to 26 total, a 13.33% reduction, and transmittal to the Florida Department of Commerce and other statutorily required review agencies. NOTE: This petition has been tentatively scheduled for the March 25, 2025, BCC meeting. Page 402 of 886 7 Attachments Staff Report 7-15-24 Ordinance 012925 Operational Info Letters of Objection 1-8-25 12-18-24 NIMS Synopsis and PowerPoint Presentation https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:6e575000-841e-4b0d-88d1-4ecfcee1d2ae 8-9-23 NIMS Synopsis and PowerPoint Presentation https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:3b037e7b-c174-47e2-9992-aae7efdfbf61 Page 403 of 886 [23-CMP-01174/1918210/1]111 Words underlined are added, words struck through have been deleted. Hope Home II GMPA PL20220005195 1/27/25 1 of 3 ORDINANCE NO. 2025-__ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE URBAN GOLDEN GATE ESTATES SUB-ELEMENT OF THE GOLDEN GATE ESTATES MASTER PLAN ELEMENT AND URBAN GOLDEN GATE ESTATES FUTURE LAND USE MAP AND MAP SERIES TO CREATE THE HOPE HOME II INSTITUTIONAL SUBDISTRICT BY CHANGING THE LAND USE DESIGNATION FROM MIXED USE DISTRICT, RESIDENTIAL ESTATES SUBDISTRICT TO ESTATES- COMMERCIAL DISTRICT, HOPE HOME II INSTITUTIONAL SUBDISTRICT TO ALLOW A RECOVERY RESIDENCE LIMITED TO 23 RESIDENTS AND 3 RESIDENT SUPERVISORS, OR IN THE ALTERNATIVE A SINGLE FAMILY DWELLING AND A FAMILY CARE FACILITY AND FURTHERMORE DIRECTING TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMERCE. THE SUBJECT PROPERTY IS 4.47± ACRES AND LOCATED AT 3150 62ND STREET SW IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20220005195] WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Community Planning Act of 2011 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans; and WHEREAS, David Lawrence Mental Health Center, Inc. requested an amendment to the Urban Golden Gate Estates Sub-Element of the Golden Gate Estates Master Plan Element and Urban Golden Gate Estates Future Land Use Map to allow a Recovery Residence limited to 23 residents and 3 resident Supervisors; and WHEREAS, pursuant to Subsection 163.3187(1), Florida Statutes, this amendment is considered a Small Scale Amendment; and WHEREAS, the Subdistrict property is not located in an area of critical state concern or an area of critical economic concern; and Page 404 of 886 [23-CMP-01174/1918210/1]111 Words underlined are added, words struck through have been deleted. Hope Home II GMPA PL20220005195 1/27/25 2 of 3 WHEREAS, the Collier County Planning Commission (CCPC) on ______________, 2024 considered the proposed amendment to the Growth Management Plan and recommended approval of said amendment to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and held public hearings concerning the proposed adoption of the amendment to the Future Land Use Element of the Growth Management Plan on __________________; and WHEREAS, all applicable substantive and procedural requirements of law have been met. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE GROWTH MANAGEMENT PLAN The Board of County Commissioners hereby adopts this small scale amendment to the Urban Golden Gate Estates Sub-Element of the Golden Gate Estates Master Plan Element and Golden Gate Estates Future Land Use Map in accordance with Section 163.3184, Florida Statutes. The text and map amendments are attached hereto as Exhibit “A” and incorporated herein by reference. SECTION TWO: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMERCE The Board of County Commissioners directs transmittal of the adopted amendment to the Florida Department of Commerce. SECTION THREE: SEVERABILITY If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: EFFECTIVE DATE The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after Board adoption. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. Page 405 of 886 [23-CMP-01174/1918210/1]111 Words underlined are added, words struck through have been deleted. Hope Home II GMPA PL20220005195 1/27/25 3 of 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _______ day of ________________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By:_________________________ By:_________________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: ________________________________ Heidi Ashton-Cicko, Managing Assistant County Attorney Attachment: Exhibit A – Proposed Text and Map Amendment Page 406 of 886 1 Exhibit A COLLIER COUNTY URBAN GOLDEN GATE ESTATES SUBELEMENT *** *** *** *** *** Text break *** *** *** *** *** B. LAND USE DESIGNATION DESCRIPTION SECTION *** *** *** *** *** Text break *** *** *** *** *** 1. Estates Designation *** *** *** *** *** Text break *** *** *** *** *** B. Estates – Commercial District 1. Interchange Activity Center Subdistrict 2. Pine Ridge Road Mixed Use Subdistrict 3. Commercial Western Estates Infill Subdistrict 4. Golden Gate Estates Commercial Infill Subdistrict 5. Southbrooke Office Subdistrict 6. 13th Ave SW Commercial Infill Subdistrict 7. Hope Home II Subdistrict List Of Maps Urban Golden Gate Estates Future Land Use Map Golden Gate Estates Commercial Infill Subdistrict Pine Ridge Road (CR 896) ‒ Interchange Activity Center and Mixed-Use Subdistrict Urban Golden Gate Estates Neighborhood Centers Collier Boulevard/Pine Ridge Road Neighborhood Center Commercial Western Estates Infill Subdistrict Golden Gate Parkway Interchange Conditional Uses Area Golden Gate Parkway Subdistrict Southbrooke Office Subdistrict Conditional Uses Subdistrict: Golden Gate Parkway Special Provisions Special Exceptions to Conditional Use Locational Criteria in Golden Gate Estates Temple Shalom Community Facility Subdistrict Naples Senior Center Community Facility Subdistrict Hope Home II Subdistrict SECTION III: Amend “V. OVERLAYS AND SPECIAL FEATURES” *** *** *** *** *** Text break *** *** *** *** *** 1-29-25 Page 407 of 886 2 7. Hope Home II Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30 described as one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW, address 3150 62nd Street SW. The intent of the Hope Home II Subdistrict is to provide for the allowance of Recovery Residences of up to 26 residents inclusive of 23 residents and 3 senior residents to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following principal uses are permitted through the planned unit development rezone process as provided below: 1. Recovery Residences, subject to FL Statutes 397.487 and LDC Section 5.05.04, not to exceed a total of 26 residents, inclusive of 23 residents and 3 senior residents; in the alternative, the property may be used for one of the uses identified under 2-, inclusive. 2. Single-family dwelling, as defined in the LDC. 3. Family care facility as defined in the LDC . *** *** *** *** *** Text break *** *** *** *** *** 1-29-25 Page 408 of 886 COLLIER BLVDI-75I-75IN T E R S TAT E -7 5 IMMOKALEE RD IMMOKALEE RD LIVINGSTON RDTAMIAMI TRL NDAVIS BLVDGOODLETTE RD NP I N E R I D G E R D R A D I O R D G .G . P K W Y LOGAN BLVD NSANTA BARBARA BLVDVANDERBILT BEACH RD AIRPORT PULLING RD NG O L D E N G AT E B LV D 9TH ST NG RE EN B LVDOLD US 41RATTLESNAKE HAMMOCK RDCOUNTY BARN RDAIRPORT PULLING RD S9TH ST ST51ST50ST49ST48ST47SR 26 E R 27 E R 28 E R 29 E URBAN GOLDEN GATE ESTATESFUTURE LAND USE MAP 0 0.5 1 1.50.25 Miles PR EPARED BY: BETH YANG, AICPGROWTH MANAGEMENT D EPT.DATE: 04/10/202 4FILE: DRAFTHO PEH OMEINSTITUTIO NALSUBDISTRICT_U RBAN GG E_FLU MAP.MXD ° ESTATES DES IGNATION MIXED USE DISTRICT Residential Estates Subdistrict THIS MAP CAN NOT BE INTERPRETED WITHOUT THE GOALS, OBJECTIVES, POLICIES AND LAND USE DESIGNATION DESCRIPTION SECTION OF THE URBAN GOLDEN GATE ESTATES SUB-ELEMENT NOTE : Neighborhood Center Subdistrict Golden Gate ParkwayInstitional Subdistrict Conditional Use Subdistrict:Golden Gate Parkway Special Provisions Naples Senior Center Community Facility Subdistrict Temple Shalom Community Facility Subdistrict Conditional Uses Subdistrct URBAN GOLDEN GATE ESTATESFUTURE LAND USE MAP A D O P T E D - S E P T E M B E R 2 4 , 2 0 1 9(O r d . N o . 2 0 1 9 -2 5 ) A M E N D E D - N O V E M B E R 1 0 , 2 0 2 0(O r d . N o .2 0 2 0 -4 0 ) A M E N D E D - D E C E M B E R 8 , 2 0 2 0(O r d . N o .2 0 2 0 -5 0 ) A M E N D E D - O C T O B E R 2 4 , 2 0 2 3(O r d . N o .2 0 2 3 -5 1 ) A M E N D E D - D E C E M B E R 1 2 , 2 0 2 3(O r d . N o . 2 0 2 3 -6 8 ) EXHIBIT A PL20220005195 DRAFTA M E N D E D - X X X X(O r d . N o . X X X ) SITE LOCATION CO MMERCIAL DISTRICT Interchange Activity Center Subdistrict(As Described in the Future Land Use Element in the GMP) Pine Ridge Road Mixed Use Subdistrict Commercial Western Estates Infill Subdistrict Golden Gate Estates CommercialInfill Subdistrict Southbrooke Office Subdistrict 13th Ave SW Commercial Infill Subdistrict Hope Home II Institutional Subdistrict 1-29-25 Page 409 of 886 I-75 I-7 5 60th ST SWGolden Gate P KWY 62nd ST SW Belv il le BLV D63rd ST SWPartridge CIR Commonwealth CIR B a s s P o i n t C T I -75I- 7 5 HOPE HOME II INSTITUTIONAL SUBDISTRICT COLLIER CO UNTY, FLOR IDA º0 300 600150 Feet LEGEND HOPE HOME II INS TITUTIONAL SUBDIS TRICT ADOPTED - XXXX(Ord. No. xxxx) SITE LOCATION DRA FT EXHIBIT A PL 20220 00519 5 1-29-25 Page 410 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Operational Information DLC Hope Home II PUDZ & GMPA (PL20220005096 & PL20220005096) The following information applies both to the existing family care facility known as “Hope Home” located on the subject property, in addition to the proposed expansion (collectively known as “Hope Home II”). The existing operation has seen much success, with over 30 residents to date who have gone through the program. Expansion of this program will allow David Lawrence Center to achieve a scaled outcome to address a county need for recovery residences. The Collier County Mental Health and Substance Use Disorder Strategic Plan 2020-2024 was unanimously approved and adopted by the Board of County Commissioners; it highlighted six key priorities. The need to dramatically increase the number of supportive residential offerings for those with those in recovery from substance abuse disorders ranked as the second highest priority, just behind the need to build a new Central Receiving Facility that would offer more crisis treatment supports to those with acute needs in Collier. It was noted that there was (and still is) a significant need for several forms of supported housing, including permanent and transitional housing, for both those with Mental Health (MH) and Substance Use Disorder (SUD) challenges. In an effort to increase access to evidence-informed supportive housing for those challenged by SUD’s, DLC launched Hope Home in 2020 in furtherance of the County’s priority. Hope Home is democratically run as a functional equivalent to a family, and will evict any resident who returns to alcohol or substance abuse. Hope Home has existed on the property as a permitted “family care facility” since its opening in 2020 without complaint or needed intervention by law enforcement, and has proven success in transitioning residents in recovery back to a life of sobriety and steady employment. Hope Home is certified by the Florida Association of Recovery Residents (FARR) and follows the effective standards set forth by the National Association of Recovery Residences (NARR). Since Hope Home’s inception over three and a half years ago, DLC has consistently seen residents dramatically improve, gain long-term sobriety, 100% have returned to gainful employment, many reconnect with family, establish flourishing relationships within and outside of the recovery community, engage in community connection via faith communities and all consistently demonstrate good citizenship, including being good neighbors. There has been no law enforcement activity at Hope Home and none of the Hope Home residents have engaged in any behavior, at Hope Home or in the community, leading to issues with law enforcement. Simply put, residents of our recovery residence have consistently valued the opportunity offered by Hope Home and have positively seized this opportunity to thrive. It is estimated that there are more than 100 individuals in Collier County who, on a daily basis, are in need of recovery residence support, like Hope Home II will provide. Our current Hope Home consistently has a waiting list of individuals seeking admission. Hope Home II will not address all of these county needs but will indeed make a significant and important step in progress toward meeting this great and growing need. The unique design of Hope Home II will foster a positive “family-oriented” environment, with individual Page 411 of 886 rooms yet plenty of interior and exterior space for residents to join together for meals, conversations and relaxation. Importantly, this evidence-based, national model, offers the supportive, safe, and guided approach that fosters great success. These residences can be of differing scales and sizes. In fact, we are aware of successful recovery residences that are similarly sized, and larger, throughout Florida. Residency in Hope Home II is expected to directly ameliorate the effects of alcoholism and drug addiction, increase steady employment and educational opportunities for residents in recovery, and further key County policies relating to long-term mental health solutions. We believe that Hope Home II has unique design and proximity advantages that will also lead to resident success, including: its wonderful proximity to a major thoroughfare (I-75) and central location in Collier County, making it easy to access vocational opportunities across the county; its close proximity to DLC’s main campus should a resident be involved in services; it is close to community amenities (such as restaurants, groceries, pharmacy, churches, etc.); it is supported by having two Senior Residents who will be living in the Home who offer consistent observation and support. Based on these factors, and many others, we are confident Hope Home II will produce the same positive outcomes as Hope Home (and other such FARR certified programs in FL and NARR programs across the country) and aid in making a material impact in the need of Collier County residents in support of the Collier County MH and SUD Strategic Plan. Hope Home Mission Statement The mission of Hope Home is to enable personal growth and powerful life transformation in a safe and sober, peer-led environment where individuals foster connections with the recovery community, thrive in their responsibilities, and work toward fulfilling and successful independent living. Hope Home is a community recovery residence that offers a safe and sober environment with peer support and guidance for those individuals who seek the type of living experience that supports an avenue to successful recovery and sobriety. The residence is intended to be a family or a “tribe” for those living in recovery--people who desire change and support in the recovery process and beyond. This type of living is not for everyone. The environment, expectations and rewards of living in a recovery residence is explained below. Hope Home is proud to offer this residence knowing that each resident is here for his own reason with a common purpose: to remain sober. Hope Home can provide a safe and sober environment that offers support to each and every resident. We willingly follow the standards set forth by the National Association of Recovery Residences (NARR), and are certified by the Florida Association of Recovery Residences (FARR). Who is eligible to be a resident in Hope Home? Male adults 18 years of age or older who: desire a life with a commitment to sobriety; are motivated in their desire for recovery; and are willing to accept the responsibilities, rules and procedures for Hope Home, are welcome to apply for admission to Hope Home. Applicants for residence cannot present a threat to themselves or others and must be capable of comprehending simple directions and instructions. Page 412 of 886 Applicants with a history of violent or sexual crimes will not be considered. DLC will check law enforcement websites for every applicant prior to completing any additional admission documentation following the initial screening. What is a “Recovery Residence”? A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. At a minimum, RRs offer peer-to-peer recovery support, with some providing professionally delivered clinical services, all aimed at promoting abstinence-based long-term recovery. Recovery residences are sober living environments, meaning that residents are expected to abstain from alcohol, illegal drug use, and the misuse of prescribed medications, over-the-counter medications or other mind-altering substances. Some residences require abstinence from particular types of medications according to individual policy. Hope Home does support medication-assisted treatment options (MAT) and this will be discussed separately. What is the primary purpose of a Recovery Residence? The purpose of a recovery residence is to provide a safe and healthy living environment to initiate and sustain recovery, defined as abstinence from alcohol and other mind-altering substances and improvement in one’s physical, mental, spiritual, and social well-being. Individuals build resources while living in a recovery residence that will continue to support their recovery as they transition to living independently and productively in the community. What services do Recovery Residences provide? Under FARR requirements, Hope Home II is anticipated to fall within “Level 2”, which means a monitored level, meaning that there are specific policies and procedures in place and that there is a hierarchy that has levels which may include a house manager or senior resident. Level 2 requires that there be house rules that provide structure. There will be peer-run groups and there will be involvement in self-help and or treatment services. Drug and alcohol screenings will occur frequently. House meetings occur weekly and attendance is required. David Lawrence Center services are available as needed by referral. Expectations of each Resident: • Display a willingness and the desire for sobriety and a healthy lifestyle • Remain alcohol and drug free • Commit to a minimum of three months in Hope Home • Create and work towards your recovery plan • Find and work with a recovery mentor or a mutual aid sponsor • Locate and participate in a “home group” (an identified group, often a 12-step or other self-help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) • Abide by the rules of the residence • Participate with your recovery family • Be sensitive to your Hope Home residence family’s needs and feelings Page 413 of 886 • Be willing to express your own needs and feelings • Demonstrate respect for yourself and others • Attend house and community meetings • Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities • Find and maintain employment, attend school, and/or volunteer outside the home. Typical Resident profile (including employment, etc.): A resident must have completed some type of extensive treatment program. Every resident has either completed our Crossroads Program (28-day program) or another residential program prior to moving into the home. Most residents enter with some type of employment. Currently 5 of the 6 Hope Home residents are employed. The one resident not employed is the senior resident. He receives disability benefits. Looking back at the list of previous residents, all either were employed before moving in or become employed soon after moving in. Jobs have included: construction/contractor work, working at Home Depot, chef, other restaurant work, maintenance work, landscaping, staff member at Hazelden, house painting, etc. Typical “Day in the Life” of a Justin’s HomeHope Home II Resident: A typical day for a new resident could include attending Intensive Outpatient Program services or other outpatient services at DLC, attending AA or NA meetings or other support group gatherings, meeting with their sponsor, and spending time working on the 12 steps. This may also include looking for employment, based on individual circumstances. As a resident progresses these activities will continue, creating a daily recovery practice that coincides with their work schedule. Residents are required to attend weekly house meetings facilitated by DLC Peer Specialist staff and a weekly check-in with the senior resident. Typical Resident length of stay: Varies – averages 6-9 months. Typical “Day in the Life” of a Hope Home II Senior Resident: The senior resident is expected to participate in his own daily recovery related activities such as attending a 12-step meeting or some other mutual support meeting. The senior resident checks on the residents in the morning to discuss goals for the day, their daily schedules, share updates on the recovery journey and provide mutual support. He checks the curfew book to ensure the residents are abiding by the curfew times. The senior resident checks the house to ensure chores were completed and may tidy up as necessary. He is expected to contact one of the peer recovery specialists daily as a “check-in”. Depending on individual circumstances, the senior resident might engage in work, education or vocational training during the day. These pursuits contribute to personal development and independence. Toward the latter part of the day, as the other residents return home for work or school, the senior resident may engage in peer support activities, including check in and accountability sessions. This helps build a supportive community which is a key aspect of a recovery residence. At least once per week, the senior resident organizes a communal activity, typically dinner, to foster a sense of connection among the residents. The senior resident is expected to ask the other residents what 12-step meetings they attended that day and may ask for a reaction sheet. He may assign chores as needed for the next day. The evening tends to be a quite time for reflection and before bed, and the senior resident is expected to know the whereabouts of each resident. If a resident is not home by curfew, he calls the resident and informs the on-call peer specialist. Page 414 of 886 Typical Senior Resident profile and expectations for Senior Resident Senior Residents, together with DLC’s peer recovery support specialists, are the primary direct support for residents in the home. It is a peer role, meaning senior residents are persons in long-term recovery (usually at least a year of sustained recovery) who serve as a mentor to residents and who help cultivate a social model recovery culture within the household and across the community. They have a variety of roles and responsibilities including monitoring curfew and ensuring that rules and expectation set forth in the handbook are being followed, administering a breathalyzer test or a UA test if needed, ensuring new residents are welcomed into the home, etc. Other duties include communicating with peer recovery specialists/Certified Recovery Resident Administrator (CRRA) regarding any concerns related to the residents or about the home itself (such as maintenance issues). The senior resident is also responsible for holding a weekly house meeting, assigning weekly housekeeping chores and monitoring attendance of residents at 12-step meetings by reviewing reaction sheets. The Senior resident keeps track of the sign in and out log, ensuring residents are recording accurate information. Senior resident communicates to DLC Peers and CRRA about any concerns noted. He discusses with residents what supports are needed to ensure continued success and progress. Peers contact the senior resident when there is a potential new resident so a meeting can be arranged with the other residents. The senior resident coordinates the times and sets the tone for the potential resident to have the opportunity to share a little bit about themselves to help determine if they would be a good fit for Hope Home. To sum up, the Senior Resident has the responsibility of monitoring the daily activities of the house and communicating to the residents about upcoming requirements and responsibilities they are expected to meet. The senior resident is a role model to the other residents, provides accountability and is essentially the “eyes and ears” of the home to ensure the home is safe. Visitors: Expectations for approving visitors: Visitors must be approved by one of the peer recovery specialists and the senior resident must also be informed. The standard for a visitor is someone who is a safe, sober support. By the time a resident moves in, the peer recovery specialist has spent time building rapport and developing a relationship with the resident, thereby having a good idea about who may be “safe” visitor. An example of visitor who would be denied is a new romantic interest because engaging in a romantic relationship in early recovery (i.e., the first year) is discouraged by the peer recovery specialists and would make the other residents feel uncomfortable. Can anyone who is not a resident visit when Senior Resident is not at the home? No, this is not allowed. Can visitors be there all day as long as they leave by the specified time? No, this would not be allowed. Does David Lawrence Center keep a log of visitors? List of approved visitors? Any screening of visitors? Currently, DLC does not. One reason is that visitors are rare. Hope Home has had two visitors (both family members) since Hope Home opened. However, all visitors must be approved by a DLC peer specialist and must check-in with the Senior Resident during approved visitation hours. Does David Lawrence Center keep a list of individuals who should NOT be at the home? (bad influences?) Page 415 of 886 DLC does not keep such a list. This is not a FARR requirement and was not identified to be necessary, especially given the very low level of visitors in our three plus year history with Hope Home. Hope Home Good Neighbor Policy Residents are provided the following instructions: Part of the responsibility for the recovery residence is to be a “Good Neighbor.” Hope Home is set in a residential community and therefore respect for your neighbors is important. The home exterior and yard must be kept up. If a neighbor has concerns about something, please provide them with the administrator’s contact information or refer them to the peer specialist. In the case of a neighbor expressing concern please provide them with the administration phone number. Do not argue with any neighbor, please direct them to the administrator. Greet and introduce yourself to your neighbors as appropriate. Some good neighbor considerations include: No playing of loud music, especially after 9:00 pm; No loitering or “hanging out” in groups; Limiting excessive noise; Not using lewd or offensive language; And smoking/vaping only in designated outdoor areas. When visiting the main DLC campus, please dress accordingly. Take pride in your new life and in your home. Parking only in designated areas. Drug and Alcohol Screening Policy 1. Upon admission residents will be charged a one-time, non-refundable administration fee of $125.00 to cover the cost for all drug and alcohol screening/testing materials throughout their stay, regardless of length of stay. 2. Each resident will be urine drug screened upon admission and will be subject to unannounced testing at any point during their stay. Observed screenings will occur at least twice monthly. The resident will be notified to report for screening/testing to the UA clinic located on the DLC main campus. Urine drug screen and breathalyzer analysis will be completed. 3. Notification of a screening request to residents will be in the form of text, phone or in person. Failure to provide a requested screen within the specified time of request (usually 2 hours) will be considered positive. 4. Residents may be contacted for testing at any time. 5. If a test is positive, a confirmatory laboratory test may be requested and paid for by the resident (administration costs of screening and testing fee paid upon admission). Confirmation testing will be completed through Sentry Lab. The test results of this test will be provided to Peer Specialist and/or DLC staff. The resident may be allowed to stay in residence pending laboratory results. 6. Records of all drug screens and testing will be kept in the program director’s office in each resident’s official file. 7. If testing reveals positive results, the resident will be subject to corrective actions which will include immediate removal from the program. All incidents are handled on a case -by-case basis with direct input from the Peer Specialist and Hope Home administration. Any resident experiencing a relapse will be provided with referrals for appropriate treatment by Peer Specialist. Page 416 of 886 To be considered for ongoing placement or return to Hope Home, the resident must comply with treatment recommendations. 8. Per FARR Guidelines: In the event that a resident is admitted on any type of maintenance medication program for treatment of substance use disorder, per FARR Guidelines, the individual will work with the addiction specialist medical provider to establish a plan for taper of these medications. The resident shall be responsible for the initial laboratory level test, a midpoint, and a final test at their own expense through their medical provider and under the direction of their addiction specialist medical provider. All individuals admitting under this circumstance will be handled on a case-by-case basis with the guidance of an addiction specialist medical professional. The resident will provide consent for communication with provider. Recurrence of Use Policy Hope Home operates under a no tolerance policy for drug/alcohol use. Upon entering Hope Home, all residents are subject to an initial urine screen and thereafter random, mandatory drug and alcohol testing. Observed drug and alcohol screens will occur at a minimum of twice monthly. Please review the Drug Screening Policy. The following applies: 1. There will be no use of mind-altering drugs by any member of the community either on or off Hope Home grounds. 2. Using alcohol or drugs will result in your suspension and/or immediate discharge. Appropriate treatment and intervention referrals will be provided. Failure to comply with these referrals will result in immediate discharge. If a resident is suspended from the program, he may be allowed to return based upon compliance with treatment. 3. Notification to emergency contact and treatment provider, probation/parole will be made in the case of recurrence of use and discharge /suspension 4. Program suspensions will last for a minimum of 48 hours. During this time the resident is required to attend recommended treatment and support activities. Verification of this participation must be provided to the peer specialist. While on suspension, the resident may not be allowed in the house to sleep and may be allowed to return in 48 hours with verification of completion of all requirements. At the end of the suspension period, the resident will re- apply for recovery residence with Peer Specialist and all house members. Failure to comply with suspension period will result in immediate discharge. 5. Any resident instructed to discharge must do so within 15 minutes of being instructed to exit the property. 6. Any former residents who have left for any reason must re-apply for entry into Hope Home. 7. In the case of unexpected discharge or resident departure, reasonable efforts will be made to secure personal items/belongings for a period of two (2) weeks. During that time period, the Page 417 of 886 Peer Specialist or a senior resident will make reasonable attempts to contact the resident to arrange for the disposition of the client’s property. Page 418 of 886 7/31/2024 Re: Hope Home II CFPUD #PL 20220005195/5096 Dear Planning Commission, I live directly behind the proposed project on 3199 60th St SW, and am a Ph.D mental health professional practicing in Collier County. David Lawrence and Davidson Engineering present their proposal for “Hope Home II” as if it is a new Disney Resort. It is in fact a dormitory style half-way house for our most challenged addicted male citizens, to live together for a brief period without staff, after leaving the initial 28-day program. The DCL website advertises its treatment services are for “those suffering from both mental illness and an addiction” at the same time and for “opiate and heroin addiction.” Therefore, Hope Home II will not only serve alcoholics during their first few months of recovery, but also those in the beginning stages of recovery from the most addictive substances combined with various mental illnesses. It is important to provide housing options for those in recovery, but the location of these services adjacent to single family dwellings with families is incompatible. Everyone in our community, the fifty-two (52) residents residing within 62 nd Street SW, 60th Street SW, and 58th Street SW, that signed our initial petition back in July of 2023, are still very frightened for our safety and about losing our tranquil lifestyle. We have all lost great amounts of sleep worrying about our neighborhood potentially being compromised. We also have great concerns regarding our dreams for future generations to enjoy the safe and secure rural lifestyle we have embraced in our community. Residents on the North Side of Golden Gate who were forced to accept the approval of the proposed Crisis Care Center (secure and staffed), despite the Planning Commission’s recommendation for a different location, are now even more dismayed as another very different kind of intrusion of our neighborhood is being proposed. Those neighbors opposing the Crisis Care Center on the North side of Golden Gate had known that “institutional zoning” was in place when they purchased their properties. We on the South side of Golden Gate, however, had no warning that our property rights, as previously defined in the Golden Gate Charter and the Greenway Plan, could ever be adjusted to add an institutional building in our backyards, with impacts on water, light, noise, sewage and density considerations. To combat the consequences of this dormitory style recovery residence (or a recovery community facility) now proposed, we can build walls, pass noise ordinances, put in cameras, ask for security guards, ask for entry gates with cameras, and impose a host Page 419 of 886 of rules to reduce the intrusions and risk posed by the transient population. But the rural, family-oriented character of our neighborhood will be lost. Further, enforcement of any rules and promises in perpetuity once the structure is built and inhabited is unrealistic and will leave the neighbors without control over the quality of their lives. Compatibility of this structure with our community structures and life style as well as the unreasonable increased density in a single family home neighborhood is not consistent with that which is legal and reasonable. Simply put, this proposed neighborhood dormitory for 30 men is a poorly thought out idea designed with perhaps the good intentions of faithful donors and state officials to address the mental health and opiate addiction problem. Certainly there is a more appropriate location for this experimental facility. Inserting this unstaffed dormitory facility into a residential neighborhood is irresponsible and dangerous for the current residents of Hope Home I as well as our neighborhood. It is, without question “institutional’” and not consistent with the characteristics of our residential community and, just as importantly, it is not supported by best practices for a true “recovery residence/community) where typically, 6-8 people living as a family is best practice. Consider the obvious but not discussed facts about the population of candidates: 1. Between the existing sober home (6 current residents) since 2018, and the proposed dormitory to house 24 residents, 30 patients in total will be living on a property currently delineated to have no more than 6 surnames people, per the current land zoning. This represents a 500 % increase in density. 2. The residents will not necessarily be from Collier County or even Florida. 3. The proposal does not address the difficult questions associated with timely medical and clinical support for 30 men in recovery who are housed in a residential neighborhood, who may experience a mental health crisis. According to the American Medical Association, 53% of drug abusers have at least one co- occurring psychiatric illness, including schizophrenia, post traumatic stress disorder, and bi-polar disorder. (See also, Kessler et al., 1997; Kessler et al., 1996; Reiger et al., 1990; see also Santucci, Psyciatric Disease and Drug Abuse (2012) and Ross & Peselow (2012)). If one person stops their prescribed medications, or has a crisis, who is required to intercede? Where will they receive the treatment when the insurance and fiscal resources are not available? The neighbors will have no comfort level in the infinite possibilities for things to go wrong and undetected. FARR licensing does not impose any guidelines for services. 4. No David Lawrence Center staff will be providing direct oversight or have accountability. Although they will be asked to adhere to the guidelines imposed Page 420 of 886 by FARR (requiring sobriety), these residents will be monitoring themselves. Their whereabouts, sobriety, who visits them, additional traffic in the community (foot traffic and vehicles) and their sensitivity to the community at large including noise levels during recreational activities, smoking and vaping, congregating outside on the dormitory in neighborhoods, sharing bus stop locations with public school students, will be totally at their own discretion. 5. Patients will typically spend 6- 12 months in residence. Considering the turnover of patients living in the proposed plan, 30 to 60 or more recovering addicts, some as young as 18, will be rotating through our neighborhood each year. 6. These are the most complex patients in the mental health community. A list of the challenges faced by this population of men can include but are not limited to, opioid abuse including fentanyl, heroin, oxycodone, percocet, methamphetamine (crystal meth), benzodiazepine (valium and xanax), cocaine, Ketamine, as well as the abuse of other illegal substances. 7. Moreover, most are recovering addicts who utilize community agencies and have less resources and support systems in place during this challenging time in their recovery. The David Lawrence Center has not indicated that it will screen for criminal records that are not violent (drug dealing, theft), or certain coexisting mental health challenges that could pose a risk to the other Hope Home residents and the community. 8. DLC would have you believe that a 28-day in-patient program (Minnesota Model) prepares our most complex patients in the mental health community to be ready for transitional living in a classic neighborhood. There is no evidence that a 28-day in-patient treatment program prior to release to a sober dormitory for 30 men is sufficient to ensure continued sober living. The effectiveness of a 28-day inpatient addiction treatment program can vary widely from person to person. While it can be a critical step for many in starting their journey toward recovery, it’s not a one-size-fits-all solution, and is not always effective for everyone. Some (especially opioid addicts) may not be ready to transition in 28 days.The 28-day model was developed in Minnesota in the 1970’s in a residential treatment center for alcoholics. Insurance companies wanting to provide as little services as they can get away with, adopted this as the typical stay (i.e. that is all they will pay for). 9. The Florida Association of Recovery Residences (FARR), who I have spoken with directly (senior staff), has no input into program locations and numbers of residents. They do not endorse or reject programs based on locations or size or successful practices. They do however impose standards that are empirically supported as best practice for recovery residences. 10. All research on sober housing clearly indicates that 6 to 8 or 10 is the maximum individuals that can be managed to be effective as a sober home mimicking a Page 421 of 886 family for chores and meals. It only takes one individual to pull other residents off track. 11. Opiate (heroin and fentanyl) addictions account for more than 20% of the total treatment admissions that occur at substance abuse treatment facilities. Many coming through the criminal justice system may be utilizing this facility –even if the DCL screens for past violent crime, there are other crimes that will not be screened for. In addition to the sale and possession of drugs being a crime, there are a number of other crimes associated with opioid and heroin use based on studies dating back for decades. Opiate use and addiction are linked to at least 50 percent of the major crimes in the United States. 12. Our neighborhood, consisting of the more than fifty-two residents who oppose the facility residing within 62nd Street SW, 60th Street SW, and 58th Street SW, is being placed in great danger by the sheer number of transient men housed in our neighborhood year after year. The wellbeing of Collier County residents must be the propriety of county government. Some specific points of these concerns include: a. There are many children living in our neighborhood homes on 62nd Street SW, as well as on the properties that directly border to the proposed transitional facility along 60th Street SW. b. There is a school bus stop on the corner of 62 nd Street SW and Golden Gate Parkway that transports the neighborhood children to and from their respective schools. The high school kids (at this time one female) must be picked up at 6:15 AM, when it is often dark. The school bus stop is adjacent to the public bus stop that David Lawrence’s clinically unsupervised sober home transitional recovery residents will have access to c. There is a preschool, with children aged birth to five years, located at 3060 62nd Street SW, less just a few hundred yards from the proposed clinically unsupervised transitional recovery residence housing 60 different adults per year. d. There is a specialized school for children with Autism located further up Golden Gate Parkway (5860 Golden Gate Parkway) with very fragile, mentally challenged, as well as gullible children. e. Four churches are within walking distance. f. Elderly retires, some lone female residents, live in homes that lie within the impacted area. They have previously been harassed and are frightened by the current residents of Hope Home 1 according to my conversations with these individuals. g. Although the distance between the proposed DLC dormitory and the physical buildings adjacent to 62nd Street SW may be 400 feet away, residents do leave our homes and spend time in our yards. Gardening areas, swimming pools, backyard playgrounds, and barn fires are Page 422 of 886 common to our neighborhood. The usage of our yards spread to the rear of our properties which are adjacent to areas where dormitory residents will congregate outdoors. Cigarette smoking, vaping, foul language, loud music, sports recreation, are simply some of the potentially problematic occurrences to be witnessed. h. Constructing a wall approximately 10 feet in height may ease neighborhood concerns for safety. A wall on three (3) sides, however, will not preclude individuals from walking around the wall and will not contain the noise. i. If one of the 45 to 60 residents relapses and is in desperate need for drugs or money, our homes become the most obvious available targets. j. A sample of a police dispatch report that we were able to secure as it relates to the current Hope Home 1, indicated 14 police visits in 20- month period. These calls were not to the neighborhood, but to the address of the Hope Home 1 Sober Home. This was for just the 6 men in Hope Home I. If there are 30 men, that would equate to 70 police visits in 20 months, if my math is correct. k. I have lived in my home on 62nd Street SW for 10 years. I surveyed our local residents, and other than medical emergencies, only one event can be recalled in the past 10 years or so when a Sheriff has been called to our community. 13. There is no current zoning that has ever been permitted in Collier County that can define the proposed dormitory. 14. On a more pragmatic note, our homes are where many of us have our life’s savings invested. There is no neighborhood in America where a facility of this size with transient neighbors would help with property values. 15. Water and septic tank concerns: a. The water pulled from the well to served this proposed dormitory will be equivalent to or greater than the amount used by 7 or more homes assuming an average of 3 to 4 residents reside in most homes. b. The sewerage generated will also be greater than the amount generated by 7 or more homes - WILL OUR WATER (WELLS) AND WASTE WATER CONTAMINATING ADJACENT WATERWAYS (Canals) BE COMPROMISED. c. Willour availability of well water be compromised by such a disproportionate pull on the available water. Some wells in GG Estates are already running dry. 16. If this were to move forward, what mechanism for quality control could be effective and accessible for the neighbors. Who will be responsible to make adjustments if in fact things do not go as the fairy tale plan expects. How will our neighborhood resolve problems that arise. DLC will not be motivated to address or be sensitive to our concerns. Historically, administrators at DLC have shown minimal concern for the community that surrounds this institutional facility. Finally, Collier County commissioned and adopted the Mental Health and Addiction Services Five Year Strategic Plan 2020-2024. It states: “In addition, all services, programs Page 423 of 886 and activities related to the identified Priorities and special populations must be grounded in the best available Evidence Based or Evidence Informed Practices in order to ensure maximum quality and cost effectiveness in services provided to the community.” The monies allotted by State legislatures are counting on our local community to make the best use of the monies and pick the right location. DLC has not provided a proof of concept to warrant this leap of faith to build such a permanent institutionally sized structure in our neighborhood. Our neighborhood has already hosted a traditional sober home for six people since 2018. No residential community anywhere in Collier County, or anywhere in the country, should have to carry the burden of 45-60 men a year with such varied and complex social, emotional and behavioral needs as well as histories of drug abuse and possible criminal activity living in a dorm without professional supervision. To push them into our neighborhood is a dangerous experiment. This is an INSTITUTIONAL facility that needs to be on INSTITUTIONALLY zoned land, far away from communities with small kids, preschools, schools for Autism, bus stops, fragile elderly, and families. Michael P. Rizzo, Ph.D., ABSNP Florida Licensed School Psychologist SS#0480 Diplomate of the American Board of School Neuropsychology Some of the references that I used to form my professional views expressed herein are in the attached reference list. References HelpGuide.org (“Dual Diagnosis: Substance Abuse and Mental Health,” citing AMA study findings). Anglin, M. D., Hser, Y., & Grella C. E. (1997). Drug addiction and treatment careers among clients in the Drug Abuse Treatment Outcomes Study (DATOS). Psychology of Addictive Behaviors, 11, 308–323. Page 424 of 886 Brady KT, Haynes LF, Hartwell KJ, Killeen TK. Substance use disorders and anxiety: a treatment challenge for social workers. Soc Work Public Health. 2013;28(3-4):407-423. doi:10.1080/19371918.2013.774675. De Alwis D, Lynskey MT, Reiersen AM, Agrawal A. Attention-deficit/hyperactivity disorder subtypes and substance use and use disorders in NESARC. Addict Behav. 2014;39(8):1278-1285. doi:10.1016/j.addbeh.2014.04.003. Compton WM, Thomas YF, Stinson FS, Grant BF. Prevalence, correlates, disability, and comorbidity of DSM-IV drug abuse and dependence in the United States: results from the national epidemiologic survey on alcohol and related conditions. Arch Gen Psychiatry. 2007;64(5):566-576. doi:10.1001/archpsyc.64.5.566. Conway KP, Compton W, Stinson FS, Grant BF. Lifetime comorbidity of DSM-IV mood and anxiety disorders and specific drug use disorders: results from the National Epidemiologic Survey on Alcohol and Related Conditions. J Clin Psychiatry. 2006;67(2):247-257. Flórez-Salamanca L, Secades-Villa R, Budney AJ, García-Rodríguez O, Wang S, Blanco C. Probability and predictors of cannabis use disorders relapse: Results of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC). Drug Alcohol Depend. 2013;132(0):127-133. doi:10.1016/j.drugalcdep.2013.01.013. Granfield, R., & Cloud, W. (1999). Coming clean: Overcoming addiction without treatment. New York: New York University Press. Harstad E, Levy S, Abuse C on S. Attention-Deficit/Hyperactivity Disorder and Substance Abuse. Pediatrics. 2014;134(1):e293-e301. doi:10.1542/peds.2014-0992. Hartz SM, Pato CN, Medeiros H, et al. Comorbidity of severe psychotic disorders with measures of substance use. JAMA Psychiatry. 2014;71(3):248-254. doi:10.1001/jamapsychiatry.2013.3726. Hser YI, Grella CE, Hubbard RL, et al. An evaluation of drug treatments for adolescents in 4 US cities. Arch Gen Psychiatry. 2001;58(7):689-695. Hubbard, R. L., Flynn, P. M., Craddock, G., & Fletcher, B. (2001). Relapse after drugabuse treatment. In F. Tims, C. Leukfield, & J. Platt (Eds.), Relapse and recoveryin addictions (pp. 109–121). New Haven, CT: Yale University Press. Institute of Medicine. (1998). Bridging the gap between practice and research: Forg-ing partnerships with community-based drug and alcohol treatment. Washing-ton, DC: National Academy Press. Kelly TM, Daley DC. Integrated Treatment of Substance Use and Psychiatric Disorders. Soc Work Public Health. 2013;28(0):388-406. doi:10.1080/19371918.2013.774673. Page 425 of 886 Laudet, A. B., & White, W. L. (2008). Recovery capital as prospective predictor of sustained recovery, life satisfaction and stress among former poly-substance users. Substance Use and Misuse, 43, 27–54. Magidson JF, Liu S-M, Lejuez CW, Blanco C. Comparison of the Course of Substance Use Disorders among Individuals With and Without Generalized Anxiety Disorder in a Nationally Representative Sample. J Psychiatr Res. 2012;46(5):659-666. doi:10.1016/j.jpsychires.2012.02.011. McKay, J. R., Alterman, A. I., Cacciola, J. S., Rutherford, M. R., O’Brien, C. P.,Koppenhaver, J. M., & Shepard, D. S. (1999). Continuing care for cocaine dependence: Comprehensive 2- year outcomes. Journal of Consulting and Clinical Psychology, 67, 420–427. McKay, J. R., Lynch, K. G., Shepard, D. S., Ratichek, S., Morrison, R., Koppenhaver, J. M., & Pettinati, H. M. (2004). The effectiveness of telephone-based continuing care in the clinical management of alcohol and cocaine use disorders:12 month outcomes. Journal of Consulting and Clinical Psychology, 72, 969–979. McKnight, J. (1995). The careless society: Community and its counterfeits. New York: Basic Books. National Institute on Drug Abuse (NIDA). (2022). National Institute of Health. Part 1: The Connection Between Substance Use Disorders and Mental Illness. https://nida.nih.gov/publications/research-reports/common-comorbidities-substance-use- disorders/part-1-connection-between-substance-use-disorders-mental-illness Pettinati HM, O’Brien CP, Dundon WD. Current Status of Co-Occurring Mood and Substance Use Disorders: A New Therapeutic Target. Am J Psychiatry. 2013;170(1):23-30. doi:10.1176/appi.ajp.2012.12010112. Ross S, Peselow E. Co-occurring psychotic and addictive disorders: neurobiology and diagnosis. Clin Neuropharmacol. 2012;35(5):235-243. doi:10.1097/WNF.0b013e318261e193. Santucci K. Psychiatric disease and drug abuse. Curr Opin Pediatr. 2012;24(2):233-237. doi:10.1097/MOP.0b013e3283504fbf. Torrens M, Gilchrist G, Domingo-Salvany A, psyCoBarcelona Group. Psychiatric comorbidity in illicit drug users: substance-induced versus independent disorders. Drug Alcohol Depend. 2011;113(2-3):147-156. doi:10.1016/j.drugalcdep.2010.07.013. United States Department of Health and Human Services. (2002). National survey on drug use and health (NSDUH): population data. Substance Abuse and Mental Health Services Administration. Page 426 of 886 United States National Institute of Justice. (2023). Recidivism. Office of justice programs. White, W. L. (2009). The mobilization of community resources to support long-term addiction recovery. Journal of Substance Abuse Treatment, 36:2, 146–158. https://doi.org/10.1016/j.jsat.2008.10.006. Wolitzky-Taylor K, Operskalski JT, Ries R, Craske MG, Roy-Byrne P. Understanding and treating comorbid anxiety disorders in substance users: review and future directions. J Addict Med. 2011;5(4):233-247. doi:10.1097/ADM.0b013e31823276d7. Page 427 of 886 Page 428 of 886 Page 429 of 886 Page 430 of 886 Page 431 of 886 Page 432 of 886 Page 433 of 886 Page 434 of 886 Page 435 of 886 Page 436 of 886 Page 437 of 886 Page 438 of 886 V:\340873 - David Lawrence Center - Hope Home II\340873-01-001 (PLN)\Planning\NIM Summary (1-3-2025).docx NIM SUMMARY Hope Home II CFPUD (PUDZ-PL-20220005096) Hope Home II Subdistrict (SSGMPA-PL-20220005195) Monday, December 18, 2024 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive, Naples, FL 34109 The NIM was held for the above referenced petitions. The petitions are described as follows: 1. Hope Home II CFPUD (PUDZ-PL-20220005096) – Allow for the Principal Use of a Recovery Residence, limited to 23 residents and 3 senior residents. Accessory uses including outdoor amenities including gazebos and picnic areas. Allow for 2 single-story structures on-site with a maximum height of 30’, consistent with Estates zoning. All setbacks and buffers will meet or exceed the Estates standards for the new structure. 2. Hope Home II Subdistrict (SSGMPA-PL-20220005195) – Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. No additional parcels proposed for the expansion, current site to be utilized. Note: This is a summary of the NIM. An audio recording is also provided. Attendees Applicants: Scott Burgess – David Lawrence Centers for Behavioral Health - COO Nancy Dauphinais – David Lawerence Centers for Behavioral Health - COO Edward A. Morton – David Lawerence Centers for Behavioral Health - Chair, Board of Directors On behalf of Applicants: Richard Yovanovich, Esq. – Coleman Yovanovich Koester - Land Use Attorney Francesca Passidomo, Esq. – Coleman Yovanovich Koester - Land Use Attorney Robert J. Mulhere, AICP - Bowman Consulting – Land Planner Andrew Rath, P.E. – Davidson Engineering - Project Manager Wojciech Kulicki, AIA – PK Studios - Architect County Staff: Parker Klopf, AICP, Planner III Nancy Gundlach, AICP, Planner III Members of the Public: See attached Sign in Sheets Richard Yovanovich commenced the NIM presentation at 5:30 PM. Both Richard Yovanovich and Scott Burgess participated in the presentation. Page 439 of 886 V:\340873 - David Lawrence Center - Hope Home II\340873-01-001 (PLN)\Planning\NIM Summary (1-3-2025).docx Approximately 8 members of the public were in attendance, and several spoke on the following issues: Concerns with impacts to the neighborhood from a safety perspective. Conference with the number of residents. Concerns related to parking and traffic Concerns with this location. Concerns with resident travel from Hope Home to the DLC It was suggested that a dedicated walkway be installed along GG Parkway for residents to travel from Hope Home to DLC. The meeting was concluded at 6:20 PM. Page 440 of 886 Page 441 of 886 Page 442 of 886 Page 443 of 886 Page 444 of 886 Page 445 of 886 Page 446 of 886 Page 447 of 886 David Lawrence Centers Hope Home II PUDRZ & GMPA NEIGHBORHOOD INFORMATION MEETING PL20220005096 & PL20220005195 DECEMBER 18, 2024 12/18/2024 1Page 448 of 886 Agenda 1.In Attendance 2.Site Location & Current Zoning 3.Application Summary 4.What is Hope Home? 5.GMPA Application 1.Text Amendment and Subdistrict 6.PUD Rezone Application 1.Permitted Uses 2.Surrounding Land Uses 3.Master Site Plan 4.Buffering 7.Architectural Design 8.Utilities 12/18/2024 2Page 449 of 886 In Attendance Richard Yovanovich, Esq. – Coleman Yovanovich Koester - Land Use Attorney Francesca Passidomo, Esq. – Coleman Yovanovich Koester - Land Use Attorney Robert Mulhere, AICP - Bowman Consulting – Land Planner Scott Burgess – David Lawrence Centers for Behavioral Health - COO Nancy Dauphinais – David Lawerence Centers for Behavioral Health - COO Edward A. Morton – David Lawerence Centers for Behavioral Health - Chair, Board of Directors Wojciech Kulicki, AIA – PK Studios - Architect Andrew Rath, P.E. – Davidson Engineering - Project Manager 12/18/2024 3Page 450 of 886 Notable Changes Made Since Initial Neighborhood Information Meeting (8/9/23): •Proposed residence reduced from two-story to single-story structure. •Total number of residents reduced from 30 down to 23 residents and 3 senior residents. •Committed to 10 foot high non climbable opaque barrier around perimeter of property. •Agreed to no residential use, including no passive uses or structures, within +/-220 feet of retained native vegetation area buffering the nearest residential properties. •Incorporated operational commitments as part of the PUD Document, which is not required for a group home but was volunteered by DLC to address concerns of the neighbors. 12/18/2024 4Page 451 of 886 Site Location Site is located at 62nd Street SW in Naples, FL 4.47 Acres in size Located SE of the intersection of Golden Gate Parkway and I-75 12/18/2024 5Page 452 of 886 Aerial of existing building 12/18/2024 6Page 453 of 886 Aerial of existing building 12/18/2024 7Page 454 of 886 Backyard of existing building 12/18/2024 8Page 455 of 886 Current Zoning: Estates Permitted Uses: ◦ Single Family Dwelling ◦Family Care Facility (6 Residents) ◦Essential Services ◦Educational Plants 12/18/2024 9 Conditional Uses: ◦Group Care Facilities, Care Units (When the tenancy of the persons under care would not constitute a direct threat to health and safety of other individuals, result in substantial physical damage to the property of others, or result in the housing of individuals currently engaged in the illegal use or addition to a controlled substance) Due to the Growth Management Plan restricting the location of Conditional Uses in the Estates, the property is not eligible for a conditional use, so a PUD Rezone is pursued along with a GMPA. Page 456 of 886 Application Summary: Expand Hope Home PUD Rezone: ◦Allow for the Principal Use of a Recovery Residence, limited to 23 residents and 3 senior residents. ◦Accessory uses including outdoor amenities including gazebos and picnic areas. ◦Allow for 2 single-story structures on-site with a maximum height of 30’, consistent with Estates zoning. ◦All setbacks and buffers will meet or exceed the Estates standards for the new structure. 12/18/2024 10 Growth Management Plan Amendment: ◦Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. ◦No additional parcels proposed for the expansion, current site to be utilized. Page 457 of 886 About the Existing Hope Home Hope Home is a Certified Recovery Residence, credentialed through the Florida Association of Recovery Residences, Inc. (FARR) as recommended by the state of Florida. Hope Home offers a safe and sober environment with peer support and guidance available for individuals who seek a living experience that supports a pathway to maintaining successful sobriety and recovery. The residence is intended to be a family or intentional community for those living in recovery- people who desire change and seek support in the recovery process and beyond. An approved Recovery Residence Administrator oversees the home. The home houses 5 residents and 1 senior resident and has been in operation since June of 2020 without complaint or objection. Hope Home is a 5-bedroom, 3-bathroom residence for men 18 years and older. 12/18/2024 11Page 458 of 886 About the Existing Hope Home Curfews are Sunday-Thursday 10:30 PM-5:00 AM and Friday-Saturday 12:00 AM-5:00 AM. Each resident pays a $200 weekly fee. All current residents are employed. 26 Residents have resided at Hope Home to date. Resident length of stay has averaged 209 days. No criminal arrests or mental health stabilization unit admissions have occurred to any Hope Home residents while staying on property. 12/18/2024 12Page 459 of 886 What is a Recovery Residence? A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. Most RRs offer peer-to-peer recovery support, with some also providing evidence-based, professionally delivered, clinical services aimed to promote long- term recovery. Hope Home is defined by FARR as a Level 2 recovery residence. Level 2 is a monitored level, meaning that there are specific policies and procedures in place and that there is also a resident hierarchy having levels which may include a house manager or senior resident. Level 2 includes house rules that provide structure, peer-run groups, and involvement in self-help and/or treatment services. Frequent drug and alcohol screenings occur randomly. House meetings occur weekly, and attendance is required. Food is not provided to residents, nor are any medical treatments provided on-site. 12/18/2024 13Page 460 of 886 Resident Selection Criteria •Display a willingness and the desire for sobriety and a healthy lifestyle •Remain alcohol and drug free •Commit to a minimum of three months in Hope Home •Create and work towards your recovery plan •Find and work with a recovery mentor or a mutual aid sponsor •Locate and participate in a “home group” (an identified group, often a 12-step or other self- help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) •Background check performed on all potential residents- ensure no violence in history and there is an exclusion criteria against sexual predators 12/18/2024 14Page 461 of 886 Resident Expectations •Abide by the rules of the residence •Participate with your recovery family •Be sensitive to your Hope Home residence family’s needs and feelings •Be willing to express your own needs and feelings •Demonstrate respect for yourself and others •Attend house and community meetings •Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities •Find and maintain employment, attend school, and/or volunteer outside the home. 12/18/2024 15Page 462 of 886 What does Hope Home Provide? •A warm, clean, comfortable, fully furnished home. •Accountability (including drug and alcohol testing, daily housekeeping chores, weekly meetings) •Dedicated peer support staff •Individually tailored case management plan. 12/18/2024 16Page 463 of 886 Growth Management Plan Amendment HOPE HOME II INSTITUTIONAL SUBDISTRICT 12/18/2024 17Page 464 of 886 Proposed Hope Home II Institutional Subdistrict 4.47 Acres Currently in the Residential Estates Subdistrict 12/18/2024 18 Page 465 of 886 Proposed Golden Gate Master Plan Text Amendment Urban Golden Gate Estates Sub-Element Hope Home II Institutional Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30, one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW. The intent of the Hope Home II Institutional Subdistrict is to provide for the continued operation of the existing group care facility, with additional residential units to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following principal uses are permitted through the planned unit development rezone process: 1. A Recovery Residence per Florida Statute 397.487 limited to 23 residents and 3 senior residents, subject to LDC Section 5.05.04. 2. Single-family dwelling. 3. Family Care Facility as defined in the LDC. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 12/18/2024 19Page 466 of 886 12/18/2024 Proposed change to Urban Golden Gate Estates Future Land Use Map: Addition of the Hope Home II Institutional Subdistrict as a Conditional Use Subdistrict. 20Page 467 of 886 Planned Unit Development Rezone HOPE HOME II COMMUNITY FACILITY PUD 12/18/2024 21Page 468 of 886 Permitted Uses A. Principal Uses: 1. Recovery Residence per Florida Statute 397.487 and LDC Section 5.05.04. 2. Single Family dwelling. 3. Family Car Facility as defined in the LDC. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Medical and commercial uses are not permitted. This site can only be used as a residential style Recovery Residence and not any other treatment facility or function of the David Lawrence Center. 12/18/2024 22Page 469 of 886 Accessory Uses B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Customary accessory uses and structures that are incidental to the principal permitted use. 3. Water management facilities. 4. Water features, such as fountains. 5. Boardwalks, nature trails, gardens, gazebos and picnic areas, provided none of the foregoing shall be located within the 220’ Open Space area as designated on the Master Plan. 6. Fence/wall up to 10’ in height. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 12/18/2024 23Page 470 of 886 Surrounding Land Uses Immediately adjacent to the parcel are vacant, residential, and right of way uses. Property to the south and west is owned by the State of Florida. Neighbors have been contacted via letter and several meetings held with abutting property owners. State of Florida TIFF/FDOT Land Use: Conditional Use 12/18/2024 24 State Vacant Page 471 of 886 12/18/2024 25 Operational Commitments: Compliance with the following David Lawrence operations will be provided in an annual report to Collier County as part of annual PUD monitoring: A. Background checks to be performed on all residents through a third-party vendor prior to admittance into Hope Home. Individuals that have a history of violent crimes, battery, sexual misconduct, rape or stalking will not be considered for residency. B. All residents are to be inside the residence between 12:00am-5:00am. C. Random drug testing is mandatory and performed on all residents regularly. Residents may be asked at any time to submit to a drug test. D. Random room checks shall be performed. E. Each resident is required to have participated in a minimum of a 28-day intensive out-patient program and maintain a written recovery plan that includes at a minimum: a. Abstinence from alcohol and illicit drug use. b. Plan for attendance at recovery-related meetings and gatherings (e.g., 12-step meetings, spiritual support groups, church, etc.). c. Meetings with peer recovery support specialists. d. Plan for positive day structure (e.g., employment, volunteer activities, etc.). F. Visitation shall be controlled by the following protocols: a. All visitors must be approved by David Lawrence Centers. b. Visitation is only permitted while the senior resident is present on-site. c. Curfew for approved visitors is 10:00 PM. d. Visitors are not permitted in bedrooms, only in common areas. G. David Lawrence Centers staff shall provide an overnight staff person who is on-call to respond to any potential incidents. Page 472 of 886 Development Standards for Proposed Structure GROUP HOME ESTATES STANDARDS MINIMUM LOT AREA (acres)2.25 2.25 MINIMUM LOT WIDTH (feet)150 150 MINIMUM FRONT (feet)75 75 MINIMUM REAR (feet)75 75 MINIMUM SIDE (feet)30 30 MINIMUM PRESERVE SETBACK (FEET) 25 25 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater 10 or ½ sum of building heights, whichever is greater MAXIMUM ZONED HEIGHT (feet) 30 or 1-story 30 MINIMUM FLOOR AREA (sq. ft.) 1,000 1,000 PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS 20 feet from a residential property line 20 feet from a residential property line SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING ROADWAYS 25 Feet from a road right-of- way line 25 Feet from a road right-of- way line 12/18/2024 26Page 473 of 886 Master Concept Plan 12/18/2024 27Page 474 of 886 Master Concept Plan Existing Hope Home (6 Residents) Proposed Hope Home II (20 Residents) Preserve (0.334 AC) 12/18/2024 28Page 475 of 886 Proximity Exhibit – Rear 9/20/2024 29 575’ 450’ 538’ 460’ PROXIMITY EXHIBIT - REAR 450’ TO NEAREST HOME Page 476 of 886 Buffering 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer0’ Type D ndscape Buffer A chain link fence currently fronts the property. A 10’ fence/wall will be erected around the site. Approx. 220’ of retained vegetation in rear yard 12/18/2024 30Page 477 of 886 Buffering A 10’ high non climbable opaque barrier shall be provided around the property in such a way as to create a complete perimeter and not disturb existing wetlands as provided for on the Master Plan. 12/18/2024 31Page 478 of 886 The maximum trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP. Access will be provided off 62nd Street SW. 12/18/2024 32 Transportation Page 479 of 886 Architectural Design 12/18/2024 33Page 480 of 886 12/18/2024 34Page 481 of 886 12/18/2024 35Page 482 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 12/18/2024 36Page 483 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Civil Engineering • Planning • Permitting D esigning E xcellence M E M O R A N D U M January 16, 2024 To: Collier County Development Services From: Jessica Kluttz, AICP Reviewed By: Andrew Rath, P.E. RE: Hope Home II PUDRZ & GMPA – Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting regarding the PUD Rezone and Growth Management Plan Amendment for a Recovery Residence at 315062nd Street SW on Wednesday August 9, 2023, at 6:00pm. The meeting was held at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116 in Meeting Room B. There were a total of 33 in-person attendees from the public who signed in, including the project team. Attached to this letter is the sign in sheet from the meeting, the provided hand out for attendants, and the PowerPoint Presentation utilized at the meeting. The list of individuals below, associated with the project, also participated in the meeting: - Jessica Kluttz, Davidson Engineering - Andrew Rath, Davidson Engineering - Scott Burgess, David Lawrence Mental Health Center (Applicant) - Richard Yovanovich, Coleman Yovanovich Koester - Francesca Passidomo, Coleman Yovanovich Koester - Wojciech Kulicki, PK Studios - Rachel Hansen, Collier County - Nancy Gundlach, Collier County - James Sabo, Collier County Richard Yovanovich, Agent for the Applicant, began the presentation at approximately 6:05 PM and gave an overview of the zoning request. Scott Burgess explained what a Recovery Residence is and how the current Hope Home operates. Jessica Kluttz presented more details about the zoning request including the site plan, architectural plans, permitted uses, and GMPA language. Page 484 of 886 2 Following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. • Kim Witmer asked about the landscape buffering, with concerns about how much vegetation will be left after exotics clearing. Also concerned that a low, chain link fence is easily climbed. Mike Rizzo added a request to waive exotics removal to regain the lushness of the existing vegetation in the rear of the property. Stated that no one wants to live next to such a use. Response: Scott Burgess responded that exotics removal is required by code but a variance could potentially be pursued. Alternative, opaque fencing that is not chain link could also be installed. • Mike Rizzo commented that such a concentration of people living on the property would amplify the risk of an incident occurring, suggested purchasing more property and putting small 6-person homes on each property like the current development. Response: Scott Burgess replied that he’d be welcome to see any studies showing that more people would lead to a lesser rate of success for the program. • Antonio Santiago stated that he’d been through such a program and believes they have a 75% relapse rate. Also concerned about background checks and insisted on these being released to the public for review. Response: Scott Burgess replied that HIPPA laws do not allow the background checks to be released, but insisted that they are performed on every Hope Home resident and that no exceptions are made. • Alex Pagan asked about if a septic system or lift station would be installed, concerned that in the event of a flood the septic system would fail and flood the neighborhood with waste. Response: Andrew Rath explained both options, septic system or sewer with lift station, and that a cost analysis is underway. • Alex Pagan also concerned that a 10’ wall was promised but not yet constructed around another David Lawrence Center property, the central receiving facility. Requested a wall around the subject property. Response: Scott Burgess assured the resident that the wall would be constructed, but that DLC was currently in negotiation with the church property that the wall would be developed on. Richard Yovanovich confirmed this as it is in the PUD, if a wall is in a PUD document then it must be built. • Nancy Kortnrt (did not sign in) expressed displeasure with the previous DLC hearing for the central receiving facility. Believes that this project is also incompatible, feels it is commercial in nature and being forced into a residential neighborhood. Concerned about the individuals living at the residence. Response: Scott Burgess expressed that her concern was noted. • William VanZant concerned about David Lawrence Center’s 5-10-15 year plans for potential expansion, felt that FDOT was likely to donate the adjacent vacant properties to DLC for expansion. Felt the letter sent out by David Lawrence Centers was deceptive by referring to DLC as ‘their neighbor’. Also stated that DLC purchased the church at the central receiving facility and that this property was acquired for $500. Page 485 of 886 3 Response: Scott Burgess responded that DLC does not have any concrete plans on if more land will be acquired or not, assured that the church was not owned by DLC. • Tom Collins expressed concern about the compatibility of such a use, stating that it was not residential. Believed that this would have a negative impact, degrade the community, and is against the county’s Growth management Plan. Asked county staff in attendance to enforce the GMP and not permit this development. Felt the property to the North would be the next expansion of the Hope Home. Response: Scott Burgess expressed that his concern was noted. • Jay Popiel believes that DLC has designated this area of Collier County as their ‘dumping ground’ with the Board of County Commissioners, asked the applicant to consider the safety of residents. Response: Scott Burgess expressed that his concern was noted. • Kim Witmir was aware of the 6 residents on the property and had no objection to it, however believes that 30 residents is too high a density and requested that a study be brought forward to show that this would not pose a risk to the community. Several attendees spoke at once at this point to ask about the background checks and if visitors to Hope Home had to pass a background check. Response: Scott Burgess discussed the model of care that Hope Home followed and the certification from the state they receive. • Mike Rizzo discussed how Del Rey has the highest concentration of group homes and does not want the Estates to become Del Rey. Stated that in studies he has reviewed, the optimal size for a group home is 4-12 residents and for the homes to be separate. Response: Scott Burgess invited Mike Rizzo to provide the study for review. Stated that on the FARR website, over 24 Recovery Residents have such a population as requested at Hope Home in this expansion. • Mike Rizzo continued by stating that FARR certification was ‘a joke’ and that he’d be fine with 6- resident homes spread out, but 30 on a single property was too much. Asked about resident turnover. Response: Scott discussed the 6 to 9 month average stay of residents. • Dan Halls expressed concerns with traffic and requested for the nearest intersection to be signalized to assists with the traffic problem. Response: Scott Burgess expressed that traffic signal location was controlled by the county, and stated that about 50% of residents have vehicles. • Tony Kirkland stated that every 6 months or so, someone from DLC knocks on his door asking for beer, once the person refused to leave so law enforcement was contacted. Concerned this will become more frequent. Requests higher security and for no fishing to be allowed in the adjacent canal. Christine Ruiz added that she believes DLC patients are stealing fruit from her fruit trees. Response: Scott Burgess suggested that the pair work with law enforcement in the event of such a disturbance so appropriate action can be taken. • A member of the public stated that she worked for NCH and understands the need but does not like the scale proposed. Asked if approval was already had, about the language in the GMPA (Shall), and if there are any exceptions made if residents break the house rules and how these rules are enforced. Felt this was an inappropriate location for so many residents. Page 486 of 886 4 Response: Jessica Kluttz responded that this application is not yet approved, that is up to the Board of County Commissioners, and that the ‘shall’ language is included in the GMPA as it will be approved concurrently with the PUD Rezone. Scott Burgess responded that senior residents live full time on the site, and that peer support specialists go to the location for monitoring. • Concern was again expressed by the public over the septic system and proximity to the canal. Request city sewer. Response: Andrew Rath again discussed the septic and sewer system. • Tony Kirkland stated that something bad will happen with the residents and stated desire for a 10’ wall, asked how this could be made to be built. Response: Richard Yovanovich explained that a wall will be built if it is in the PUD commitments. Scott Burgess stated that DLC will first explore landscape buffering options before a wall. • Mike Rizzo requested information as to how the public could voice their concerns to the board. Response: Richard Yovanovich explained that there will be opportunity for public comment at the Board of County Commissioners meeting. • Mike Rizzo asked to speak to the DLC board as well. Response: Scott Burgess stated that they could get in touch to try and arrange this. At this point, the attendees began speaking over one another. Richard Yovanovich stated that this forum was an informational meeting, not a debate. Stated that the public’s concerns have been heard and noted, however completely pulling this applicatoin was not an option. Invited the public to voice their concerns to the board and attend the public hearing. Multiple times throughout the meeting, the public added comments after questions were asked, speaking over each other or having side conversations with a general topic of being against the expansion of the Hope Home. Thus, some comments are not fully dictated or understandable in the NIM recording. At the start of the meeting, and several times, Richard Yovanovich interjected that members of the public can only speak one at a time, otherwise their voice may not be recorded and understood by the board. [Meeting Adjourned at approximately 7:35] Page 487 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Neighborhood Information Meeting August 9, 2023 Hope Home II PUDZ & GMPA (PL20220005096 & PL20220005096) The site is located at 62nd Street SW in Naples, FL. The purpose of this application is to allow for a Recovery Residence on the site allowing for 27 residents and 3 senior residents. The existing Home Hope Recovery Residence has been in operation with 5 residents and 1 senior resident since June of 2020 without complaint or objection. A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. Most RRs offer peer-to-peer recovery support, with some also providing evidence-based, professionally delivered, clinical services aimed at promoting long-term recovery. The proposed site plan consists of the following: 1. An existing residence utilized as a Recovery Residence. 2. Proposed new residential structure no more than 2 stories in height. 3. Approximately 220 feet of retained vegetation separating the use from the rear property line. The development standards for Estates zoning shall be followed or exceeded by the proposed structure. The nearest neighboring residential structure is 450’ from the proposed residence. The properties to the South and West of the site are owned by the State of Florida. A fence is to be provided around the property alongside landscape buffering to meet or exceed code. Page 488 of 886 Page 489 of 886 Page 490 of 886 David Lawrence Centers Hope Home II PUDRZ & GMPA NEIGHBORHOOD INFORMATION MEETING PL20220005096 & PL20220005096 AUGUST 9, 2023 8/9/2023 1Page 491 of 886 Agenda 1.In Attendance 2.Site Location & Current Zoning 3.Application Summary 4.What is Hope Home? 5.GMPA Application 1.Text Amendment and Subdistrict 6.PUD Rezone Application 1.Permitted Uses 2.Surrounding Land Uses 3.Master Site Plan 4.Buffering 7.Architectural Design 8.Utilities 8/9/2023 2Page 492 of 886 In Attendance Jessica Kluttz, AICP –Davidson Engineering –Planner Andrew Rath, P.E. –Davidson Engineering –Project Manager Scott Burgess –David Lawrence Centers for Behavioral Health –COO Richard Yovanovich, Esq. –Coleman Yovanovich Koester –Land Use Attorney Francesca Passidomo, Esq. –Coleman Yovanovich Koester –Land Use Attorney Wojciech Kulicki, AIA –PK Studios –Architect 8/9/2023 3Page 493 of 886 Site Location Site is located at 62nd Street SW in Naples, FL 4.47 Acres in size Located SE of the intersection of Golden Gate Parkway and I-75 7/25/2023 4Page 494 of 886 Current Zoning: Estates Permitted Uses: ◦Single Family Dwelling ◦Family Care Facility (6 Residents) ◦Essential Services ◦Educational Plants Conditional Uses: ◦Group Care Facilities, Care Units (When the tenancy of the persons under care would not constitute a direct threat to health and safety of other individuals, result in substantial physical damage to the property of others, or result in the housing of individuals currently engaged in the illegal use or addition to a controlled substance) Due to the Growth Management Plan restricting the location of Conditional Uses in the Estates, the property is not eligible for a conditional use, so a PUD Rezone is pursued along with a GMPA. 8/9/2023 5Page 495 of 886 Application Summary: Expand Hope Home PUD Rezone: ◦Allow for the Principal Use of a Recovery Residence, limited to 27 residents and 3 senior residents. ◦Accessory uses including common living areas and outdoor amenities including gazebos and picnic areas. ◦Allow for 2 structures on-site with a maximum height of 30’. ◦All setbacks and buffers will meet or exceed the Estates standards for the new structure. 8/9/2023 6 Growth Management Plan Amendment: ◦Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. ◦No additional parcels proposed for the expansion, current site to be utilized. Page 496 of 886 About the Existing Hope Home Hope Home is a Certified Recovery Residence,credentialed through the Florida Association of Recovery Residences,Inc.(FARR)as recommended by the state of Florida. Hope Home offers a safe and sober environment with peer support and guidance available for individuals who seek a living experience that supports a pathway to maintaining successful sobriety and recovery.The residence is intended to be a family or intentional community for those living in recovery-people who desire change and seek support in the recovery process and beyond. An approved Recovery Residence Administrator oversees the home. The home houses 5 residents and 1 senior resident and has been in operation since June of 2020 without complaint or objection. Hope Home is a 5-bedroom,3-bathroom residence for men 18 years and older. 8/9/2023 7Page 497 of 886 About the Existing Hope Home Curfews are Sunday-Thursday 10:30 PM-5:00 AM and Friday- Saturday 12:00 AM-5:00 AM. Each resident pays a $200 weekly fee. All current residents are employed. 26 Residents have resided at Hope Home to date. Resident length of stay has averaged 209 days. No drug related arrests or mental health stabilization unit admissions have occurred to any Hope Home residents while staying on property. 8/9/2023 8Page 498 of 886 What is a Recovery Residence? A Recovery Residence (RR)is a broad term describing a sober,safe,and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges.Thousands of recovery residences exist in the Unites States that vary in size, organization,and targeted population.Most RRs offer peer-to-peer recovery support,with some also providing evidence-based,professionally delivered,clinical services aimed to promote long- term recovery. Hope Home is defined by FARR as a Level 2 recovery residence.Level 2 is a monitored level, meaning that there are specific policies and procedures in place and that there is also a resident hierarchy having levels which may include a house manager or senior resident.Level 2 includes house rules that provide structure,peer-run groups,and involvement in self-help and/or treatment services.Drug and alcohol screenings occur frequently.House meetings occur weekly, and attendance is required. Food is not provided to residents,nor are any medical treatments provided on-site. 8/9/2023 9Page 499 of 886 Resident Expectations •Display a willingness and the desire for sobriety and a healthy lifestyle •Remain alcohol and drug free •Commit to a minimum of three months in Hope Home •Create and work towards your recovery plan •Find and work with a recovery mentor or a mutual aid sponsor •Locate and participate in a “home group” (an identified group, often a 12-step or other self- help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) •Background check performed on all potential residents-ensure no violence in history and there is an exclusion criteria against sexual predators 8/9/2023 10Page 500 of 886 Resident Expectations •Abide by the rules of the residence •Participate with your recovery family •Be sensitive to your Hope Home residence family’s needs and feelings •Be willing to express your own needs and feelings •Demonstrate respect for yourself and others •Attend house and community meetings •Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities •Find and maintain employment, attend school, and/or volunteer outside the home. 8/9/2023 11Page 501 of 886 What does Hope Home Provide? •A warm, clean, comfortable, fully furnished home. •Accountability (including drug and alcohol testing, daily housekeeping chores, weekly meetings) •Laundry facility located in your home •Lockboxes (provided primarily for storage of medications and personal items. Large sums of cash or expensive valuables should be stored elsewhere. Hope Home is not responsible for lost, stolen, or damaged items.) •Limited Internet access (Hope Home provides basic internet access. Internet is not unlimited. Those needing unlimited access internet should secure a hotspot or personal internet.) •Dedicated peer support staff •Access to case management, psychiatric services, and substance use treatment (all levels), by referral 8/9/2023 12Page 502 of 886 Proximity Exhibit 450’ TO NEAREST HOME. 8/9/2023 13Page 503 of 886 Growth Management Plan Amendment HOPE HOME II INSTITUTIONAL SUBDISTRICT 8/9/2023 14Page 504 of 886 Proposed Hope Home II Institutional Subdistrict 4.47 Acres Currently in the Residential Estates Subdistrict 15 8/9/2023 Page 505 of 886 Proposed Golden Gate Master Plan Text Amendment Urban Golden Gate Estates Sub-Element Hope Home II Institutional Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30, one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW. The intent of the Hope Home II Institutional Subdistrict is to provide for the continued operation of the existing group care facility, with additional residential units to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following institutional uses are permitted through the planned unit development rezone process: a. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 8/9/2023 16Page 506 of 886 8/9/2023 17 Proposed change to Urban Golden Gate Estates Future Land Use Map: Addition of the Hope Home II Institutional Subdistrict as a Conditional Use Subdistrict. Page 507 of 886 Planned Unit Development Rezone HOPE HOME II COMMUNITY FACILITY PUD 8/9/2023 18Page 508 of 886 Permitted Uses A. Principal Uses: 1. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 2. Single Family Home. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 19 Medical and commercial uses are not permitted. This site can only be used as a residential style Recovery Residence and not any other treatment facility or function of the David Lawrence Center. Page 509 of 886 Accessory Uses B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Administrative Offices as an accessory to Recovery Residence. 3. Customary accessory uses and structures that are incidental to the principal permitted use. 4. Water management facilities. 5. Water features, such as fountains. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gardens, gazebos and picnic areas. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 20Page 510 of 886 Surrounding Land Uses Immediately adjacent to the parcel are vacant, residential, and right of way uses. Property to the south is owned by the State of Florida. Neighbors have been contacted via letter and several meetings held with abutting property owners. 8/9/2023 21 State of Florida TIFF/FDOT Land Use: Conditional Use Page 511 of 886 8/9/2023 22 Development Standards for Proposed Structure GROUP HOME ESTATES STANDARDS MINIMUM LOT AREA (sq. ft.)98,010 98,010 MINIMUM LOT WIDTH (feet)150 150 MINIUM FRONT (feet)75 75 MINIMUM REAR (feet)75 75 MINIMUM SIDE (feet)30 30 MINIMUM PRESERVE SETBACK (FEET) 25 25 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater 10 or ½ sum of building heights, whichever is greater MAXIMUM ZONED HEIGHT (feet) 30 30 MINIMUM FLOOR AREA (sq. ft.) 1,000 1,000 PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS 20 feet from a residential property line 20 feet from a residential property line SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING ROADWAYS 25 Feet from a road right-of- way line 25 Feet from a road right-of- way line Page 512 of 886 8/9/2023 23 Master Concept Plan Page 513 of 886 8/9/2023 24 Master Concept Plan Existing Hope Home (6 Residents) Proposed Hope Home II (24 Residents) Preserve (0.334 AC) Page 514 of 886 8/9/2023 25 Buffering 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer10’ Type D Landscape Buffer A chain link fence currently fronts the property. A fence will be erected around the site. Approx. 220’ of retained vegetation in rear yard Page 515 of 886 Buffering 8/9/2023 26Page 516 of 886 Transportation The maximum total daily trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP. Access will be provided off 62nd Street SW. 8/9/2023 27Page 517 of 886 Architectural Design 8/9/2023 28Page 518 of 886 8/9/2023 29Page 519 of 886 Utilities 8/9/2023 30Page 520 of 886 Water & Sewer The property is located within the Collier County sanitary sewer and potable water service area. Connection locations are more than 200’ away so connection is permitted but not required. 8/9/2023 31 1 Inch water line 4 Inch force main Page 521 of 886 Water & Sewer A private well and septic system could be utilized on the site. 8/9/2023 32 Existing Septic FieldConceptual Septic Field Page 522 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 8/9/2023 33Page 523 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 8/9/2023 34Page 524 of 886 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s - - - - - - - - - - - - - - -- -- - - - - - - --- - - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX CITY, STATE ZIP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by , personally known to me or who produced as identification and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 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. Andrew Rath WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20220005096 : Andrew Rath 4365 Radio Road, Suite 201 Naples, FL 34104 27th January 25 Andrew Rath Tocia Hamlin-Rosa & PL20220005195 Page 525 of 886 Page 526 of 886 2/6/2025 Item # 9.C ID# 2025-37 PL20220005096 - Hope Home PUDZ- 3150 62nd Street S.W. - An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning district for the project to be known as the Hope Home II CFPUD, to allow a recovery residence limited to 23 residents and 3 resident supervisors, or in the alternative a single-family dwelling and a family care facility, for property located at 3150 62nd Street S.W., in Section 29, Township 49 South, Range 26 East, Collier County, Florida, consisting of 4.47+/- acres; and by providing an effective date. [Coordinator: Nancy Gundlach, Planner III] (Companion Item PL20220005195) ATTACHMENTS: 1. STAFF REPORT-Hope Home II CFPUD 1-13-25 2. Attachment A-Proposed PUD Ordinance 01-27-25 3. Attachment B-NIM Synopsis and PowerPoint Presentation 8-6-23 4. Attachment B-1 NIM Synopsis and PowerPoint Presentation 12-18-24 5. Attachment C-Letters of Objection 1-8-25 6. Attachment D-Application 7. Public Hearing Sign Photo and Affidavit 1-27-25 8. Planning Analysis - Feb 2025 9. 10.02.08____Requirements_for_Amendments_to_the_Official_Zoning_Atlas 10. 10.02.13____Planned_Unit_Development__PUD__Procedures 11. Denial of PL20220005195 & PL20220005096_ZICKLER_01.29.2025 Page 527 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 1 of 15 STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: GROWTH MANAGEMENT COMMUNITY DEVELOPMENT DEPARTMENT - ZONING DIVISION – ZONING SERVICES SECTION PLANNING & REGULATION HEARING DATE: FEBRUARY 6, 2024 SUBJECT: PETITION PUDZ-PL20220005096, HOPE HOME II CFPUD (COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT) COMPANION TO GMPA-PL20220005195, HOPE HOME II SUBDISTRICT _________________________________________________________________________________ APPLICANT/OWNER: David Lawrence Mental Health Center Inc. 6075 Bathey Lane Naples, FL 34116 AGENTS: Ms. Jessica Kluttz, AICP Mr. Richard D. Yovanovich, Esquire Davidson Engineering Coleman, Yovanovich & Koester, P.A. 4365 Radio Road 4001 Tamiami Trail North, Suite 300 Naples, FL 34104 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code (LDC), which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Estates (E) zoning district to a Community Facility Planned Unit Development (CFPUD) zoning district for the project to be known as the Hope Home II CFPUD, to allow a recovery residence limited to 23 residents and three resident supervisors, or in the alternative,a single- family dwelling and family care facility. Page 528 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 2 of 15 Page 529 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 3 of 15 MASTER PLAN Page 530 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 4 of 15 GEOGRAPHIC LOCATION: The 4.47± acre subject property is located east of I-75, 1,000 feet south of Golden Gate Parkway at 3150 62nd Street S.W. in Section 29, Township 49 South, Range 26 East. (See the Location Map on page 2.) PURPOSE/DESCRIPTION OF PROJECT: The subject, 4.47± acre property, is located along the east side of I-75 exit 105 on 62nd Street S.W., approximately 1,700 linear feet from the David Lawrence Center on Golden Gate Parkway. The property is currently zoned Estates (E) and has a single-family residence operating since 2020 as a family care facility for five residents and one senior resident. The petitioner proposes a Recovery Residence limited to 23 residents and three resident supervisors within a Community Facility Planned Unit Development (CFPUD). The Master Plan, located on the previous page of this Staff Report, depicts the area of the proposed building, parking, vehicular circulation, preserve area, and 220 linear feet of open space from the east property line. While no open space is required, the petitioner has provided 60% open space, including 220 linear feet of open space from the eastern property line. The petitioner proposes a maximum zoned building height of 30 feet and an actual building height of 40 feet, not to exceed one story. There is a proposed 10-foot-wide Type D landscape buffer along 62nd Street SW and 15-foot-wide Type B landscape buffers with a 10-foot-high fence/wall and non-climbable opaque barrier along all other property lines. The petitioner is seeking a deviation from a portion of the Type B landscape buffer to allow a portion of an existing driveway to remain. For further information, please see the Deviation Section of this Staff Report, which is located on page 14. For further information, see Attachment A-Proposed PUD Ordinance. SURROUNDING LAND USE AND ZONING: North: 62nd Street SW, a local road and an undeveloped lot with a zoning designation of Estates (E) East: Two lots developed with single-family residences with a zoning designation of Estates (E) South: Undeveloped lot with a zoning designation of Estates (E) owned by the State of Florida West: Canal and then an exit ramp within the I-75 right-of-way Page 531 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 5 of 15 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Comprehensive Planning staff has reviewed the proposed PUD Rezone. According to the official Future Land Use map, the site is located within the Residential Estates Subdistrict of the Rural Golden Gate Future Land Use Element. This designation is intended to accommodate single-family residential development within this subdistrict at a maximum density of one unit per 2.25 gross acres or one unit per legal non-conforming lot of record. The proposed PUD rezone to permit a recovery residence is inconsistent with the Future Land Use Element (FLUE) of the GMP and is subject to the adoption of the companion GMPA. For further information, please see companion petition GMPA-PL20220005195, Hope Home II Subdistrict. Transportation Element: In evaluating this project, staff reviewed the applicant’s Traffic Impact Statement (TIS) using the 2023 Annual Update and Inventory Report (AUIR) to ensure consistency with Policy 5.1 of the Transportation Element of the GMP. Subject Site Page 532 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 6 of 15 Policy 5.1 of the Transportation Element of the GMP states: “The County Commission shall review all rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE) affecting the overall countywide density or intensity of permissible development, with consideration of their impact on the overall County transportation system, and shall not approve any petition or application that would directly access a deficient roadway segment as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient as identified in the current AUIR, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year AUIR planning period, unless specific mitigating stipulations are also approved. A petition or application has significant impacts if the traffic impact statement reveals that any of the following occurs: 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 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 PUD documents, the applicant requests a maximum of 26 Group- Assisted Care units (including six existing units), resulting in a net of 20 proposed new dwelling units. The TIS provided with the application indicates the proposed new development represents a potential 12+/- two-way PM peak hour net new trips on the adjacent road network. According to the current 2023 AUIR, Link 21.0, Golden Gate Parkway from I-75 to Santa Barbara Boulevard has a current service volume of 3,300 (peak hour/peak direction) and a remaining capacity of approximately 1,020 (eastbound trips) and is currently operating at a LOS “C.” Based on the information in the TIS provided with this petition the subject link noted above has sufficient capacity to accommodate the project within the 5-year planning period. Therefore, Transportation Planning staff finds the petition in compliance with the GMP and recommends approval. Conservation and Coastal Management Element (CCME): The environmental review staff has found this project to be consistent with the Conservation and Coastal Management Element (CCME). The project site consists of 3.25 acres of native vegetation. A minimum of 0.325 acres (10%) of native vegetation is required to be preserved. GMP Conclusion: The proposed PUD Rezone is not consistent with the FLUE of the GMP. Approval of the subject PUDA petition is contingent upon the companion GMPA petition being approved and effective. Page 533 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 7 of 15 STAFF ANALYSIS: Staff completed a comprehensive evaluation of this land use petition, including the criteria upon which a recommendation must be based, noted explicitly in LDC Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s recommendation. The CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use the criteria to support their action on the rezoning request. An evaluation relative to these subsections is discussed below under the heading “Zoning and Land Development Review Analysis.” In addition, staff offers the following analysis: Utility Review: The project is, and will remain, served by private well and septic systems as connections to Collier County Water-Sewer District (CCWSD) services are not required. The project lies within the regional potable water service area and the Golden Gate Wastewater Treatment Plant wastewater service area of the CCWSD. Water and wastewater services are available via existing infrastructure within the right-of-way, though more than 200 feet away. Extension of said infrastructure may require the acquisition of easements to reach the project. 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. Environmental Review: Environmental Planning staff has reviewed the petition to address environmental concerns. The required preserve is 0.325 acres (10% of 3.25 acres of native vegetation); the Master Concept Plan provides for a 0.33-acre preserve onsite. Although no listed animal species were observed on the property, the environmental data indicates the proposed project is in an area with the potential to contain a variety of protected animal species. The proposed project is located within the U.S. Fish and Wildlife Service (FWS) consultation area for Bonneted Bats (Eumops floridanus). Four trees with cavities were observed; however, no evidence indicated that Bonneted Bats were utilizing the trees. The Florida Fish and Wildlife Conservation Commission (FWC) wildlife data suggests the presence of Black Bears (Ursus americanus floridanus) in the area. A black bear management plan will need to be included in the Subdivision Construction Plans and Plats (PPL) or Site Development Plan (SDP) review. Finally, Stiff-leaved wild pine (Tillandsia fasciculata), listed as a ‘Less Rare Plant’ in the LDC, was observed on the property and will be protected in accordance with LDC 3.04.03. The project does not require an Environmental Advisory Council (EAC) review, as this project did not meet the EAC scope of land development reviews, as identified in Section 2-1193 of the Collier County Code of Laws and Ordinances. Environmental Planning staff recommends approval of the proposed petition. Page 534 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 8 of 15 Transportation Review: Transportation Planning staff finds this project consistent with the GMP and recommends approval. Zoning and Land Development Review: FLUE Policy 5.4 requires new land uses to be compatible with and complementary to the surrounding land uses. In reviewing the appropriateness of the requested uses and intensity on the subject site, the compatibility analysis included a review of the subject proposal comparing it to surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location. Staff believes the proposed development will be compatible with and complementary to the surrounding land uses. The staff offers the following analysis of this project: The proposed Recovery Residence is located 300 feet south of the Corridor Overlay District, which includes a daycare center, a church, and a Knights of Columbus community facility. The subject site is surrounded on three sides by Estates zoned lots. The rear lots to the east are developed with two single-family homes. The closest home is 450 feet away. The side lot to the north is undeveloped. The State of Florida owns the side lot to the south and is undeveloped. The land to the west and across 62nd Street S.W. is a canal and an interstate exit ramp within the I-75 right-of-way. The proposed development standards are the same as the Collier County Land Development Code (LDC) prescribed minimum code standards for the estate zoning designation: -Front and Rear Yard Setback:75 feet -Side Yard Setback:30 feet -Building Height:30 feet To further increase compatibility, the petitioner reduced the originally proposed two-story building height to one-story during the review process. A 15-foot-wide Type B landscape buffer will be provided along the adjacent Estate zoned lots. A Type B Landscape buffer requires a 6-foot-high hedge, fence, or wall. The petitioner has proposed a 10-foot-high fence/wall, non-climbable opaque barrier at the request of adjacent neighbors. However, staff believes a 6-foot-high fence/wall is sufficient for compatibility along the state- owned property line to the south. (Please note: a typical single-story home wall height is 8 feet from ground level to the roof.) Therefore, the staff is recommending the following conditions of approval: 1.The proposed 10-foot fence/wall/opaque barrier shall be limited to the adjacent residential properties to the north and east. The combination of proposed landscape buffers along with the preserve area, natural vegetation, and single-story building mitigates the impact of the proposed Recovery Residence. Page 535 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 9 of 15 The petitioner proposes to include several operational commitments for the Recovery Residence, which exceed customary group housing standards and requirements. Therefore, the proposed development is compatible with the existing development in the area. 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 the proposed change in relation to the following when applicable.” Additionally, Section 10.02.13 of the Collier County LDC requires the Planning Commission to make findings as to the PUD Master Plan’s compliance with the additional criteria noted below: Rezone findings are designated as RZ, and PUD findings are designated as PUD. (Staff’s responses to these criteria are provided in non-bold font): 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the GMP. The proposed PUD Rezone is not consistent with the FLUE of the GMP. Approval of the subject PUDZ petition is contingent upon the companion GMPA petition being approved and becoming effective. 2.The existing land use pattern. The neighborhood’s existing land use pattern can be characterized as community facilities and single-family residential. The community facilities include a daycare center, a church, and a Knights of Columbus community facility within the Corridor Overlay District. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The subject parcel will not result in an isolated district unrelated to adjacent and nearby districts. It is located within 300 feet of the Corridor Overlay district, which allows for existing community facilities such as Knights of Columbus, childcare, and churches. 4.Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The district boundaries are logically drawn as discussed in Items 2 and 3 above. 5.Whether changed or changing conditions make the passage of the proposed amendment necessary. The proposed rezoning is unnecessary, but it is being requested in compliance with the LDC provisions to seek such a rezone to allow the owner to develop the land with uses other than what the existing Estates zoning district would allow. Page 536 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 10 of 15 6.Whether the proposed change will adversely influence living conditions in the neighborhood. Staff is of the opinion that the proposed PUD rezone, with the commitments made by the applicant, should not adversely impact living conditions in the area. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. The roadway infrastructure has adequate capacity to serve the proposed project, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat). The project’s development must also comply with all other applicable concurrency management regulations when development approvals are sought. 8.Whether the proposed change will create a drainage problem. The proposed development will not create a drainage problem. Furthermore, the project is subject to the requirements of Collier County and the South Florida Water Management District. 9.Whether the proposed change will seriously reduce light and air to adjacent areas. The proposed change will not seriously reduce light and air to adjacent areas. 10.Whether the proposed change would adversely affect property values in the adjacent area. Staff is of the opinion that this PUD rezone will not adversely impact property values. Zoning by itself may or may not affect values since market demand drives value determination. 11.Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The property surrounding the subject site is partially developed. The basic premise underlying all of the development standards in the LDC is that their sound application, when combined with the SDP approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. Therefore, the proposed zoning change should not be a deterrent to the improvement of adjacent properties. Page 537 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 11 of 15 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed PUD rezone does not constitute a grant of special privilege. Consistency with the FLUE upon adopting the companion GMPA is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed within existing zoning. The petitioner is seeking this rezone in compliance with LDC provisions for such action. The petition can be evaluated, and action taken as deemed appropriate through the public hearing process. 14.Whether the change suggested is out of scale with the needs of the neighborhood or the County. Staff is of the opinion that the proposed PUD rezone is not out of scale with the needs of the neighborhood or County. 15.Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. There may be other sites in the county that could accommodate the uses proposed; however, this is not the determining factor when evaluating the appropriateness of a zoning decision. The petition was reviewed on its merit for compliance with the GMP and the LDC; staff does not review other sites in conjunction with a specific petition. 16. The physical characteristics of the property and the degree of site alteration required to make the property usable for any of the range of potential uses under the proposed zoning classification. Any development anticipated by the PUD Document would require site alteration, and the proposed development site will undergo evaluation relative to all federal, state, and local development regulations during the building permit process. 17. The impact of development on the availability of adequate public facilities and services is consistent with the levels of service adopted in the Collier County GMP and as defined and implemented through the Collier County Adequate Public Facilities Ordinance. The development must meet all applicable criteria outlined in the LDC regarding Adequate Public Facilities. The project must also be consistent with all relevant goals and objectives of the GMP regarding adequate public facilities. This petition has been reviewed by County staff responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has concluded that the developer has provided appropriate commitments so that the impacts of the Level of Service (LOS) will be minimized. Page 538 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 12 of 15 18.Other factors, standards, or criteria that the Board of County Commissioners shall deem important in protecting public health, safety, and welfare. The Board of County Commissioners will determine this during its advertised public hearing. PUD FINDINGS: LDC Subsection 10.02.13.B.5 states that, “In support of its recommendation, the Planning Commission shall make findings as to the PUD Master Plan’s compliance with the following criteria:” 1. The suitability of the area for the type and pattern of development proposed in relation to the physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. As previously stated, the project will remain served by private well and septic systems as connections to Collier County Water-Sewer District (CCWSD) services are not required. Water and wastewater mains are available along 62nd St SW and Golden Gate Parkway. Extending this infrastructure may require the acquisition of easements to reach the project. Adequate water and wastewater treatment capacities 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 nearby area is developed with community facility development. The petitioner must comply with all County regulations regarding drainage, sewer, water, and other utilities. In addition, the commitments included in PUD Exhibit F adequately address the impacts of the proposed development. 2. 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. Documents submitted with the application, which were reviewed by the County Attorney’s Office (CAO), demonstrate unified control of the property. Additionally, the development will be required to gain platting and/or SDP approval. Both processes will ensure that the developer provides appropriate stipulations for the provision of, continuing operation of, and maintenance of infrastructure. Page 539 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 13 of 15 3. Conformity of the proposed Planned Unit Development with the GMP's goals, objectives, and policies. County staff has reviewed this petition and offered an analysis of the GMP's relevant goals, objectives, and policies within the GMP discussion of this staff report. Based on that analysis, staff believes this petition can be found consistent with the overall GMP upon adoption of the companion GMPA. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on the location of improvements, restrictions on design, and buffering and screening requirements. As previously stated, the proposed 26-unit Recovery Residence is located 300 feet south of the Corridor Overlay District, which includes a daycare center, a church, and a Knights of Columbus community facility. The subject site is surrounded on three sides by Estates zoned lots. The rear lots to the east are developed with two single-family homes. The closest home is 450 feet away. The side lot to the north is undeveloped. The State of Florida owns the side lot to the south and is undeveloped. The land to the west and across 62nd Street S.W. is a canal and an interstate exit ramp within the I-75 right-of-way. Staff thinks that the proposed project will be compatible with the surrounding area. 5.The adequacy of usable open space areas in existence and as proposed to serve the development. No open space is required for this site. The petitioner has voluntarily set aside 60% open space for this project. 6.The timing or sequence of development to assure the adequacy of available improvements and facilities, both public and private. The roadway infrastructure is sufficient to serve the proposed project, as noted in the Transportation Element consistency review. Operational impacts will be addressed at the time of the first development order (SDP or Plat), at which time a new TIS will be required to demonstrate turning movements for all site access points. Finally, the project’s development must comply with all other applicable concurrency management regulations when development approvals, including but not limited to any plats and or site development plans, are sought. As previously stated, adequate water and wastewater facilities serve the project. 7.The ability of the subject property and surrounding areas to accommodate expansion. As previously stated, adequate water and wastewater facilities serve the project. Furthermore, adequate public facilities requirements will be addressed when development approvals are sought. Page 540 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 14 of 15 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in this case, based on a determination that such changes are justified as meeting public purposes to a degree equivalent to the literal application of such regulations. This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be necessary for the most similar conventional zoning district. The petitioner is seeking one deviation to allow design flexibility in compliance with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A). This criterion requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be necessary for the most similar conventional zoning district. Staff believes that the deviation proposed can be supported, finding that, in compliance with LDC Section 10.02.13 A.3., the petitioner has demonstrated that “the elements may be waived without a detrimental effect on the health, safety and welfare of the community” and LDC Section 10.02.13 B.5.h., the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” Please refer to the Deviation Discussion portion of the staff report below for a more extensive examination of the deviation. Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC. The deviation is directly extracted from PUD Exhibit E. The petitioner’s rationale and staff analysis/recommendation are outlined below. Proposed Deviation # 1 seeks relief from LDC Section 4.06.02.C.2. “Type B Buffer,” which requires a 15’ wide landscape buffer along the north property line, to allow the existing driveway instead as shown on the master plan to encroach into the proposed 15’ wide Type B landscape buffer. Subject to footnote 1 of Exhibit B, PUD Development Standards Table, in the event the existing building, as shown on the master plan, is removed or damaged more than 50% of the value of the building, the driveway serving a replacement structure will be relocated to allow for a 15’ wide typical Type B landscape buffer. Petitioner’s Justification: The petitioner states the following in support of the deviation: The existing driveway cannot be moved out of the landscape buffer as it accesses existing utilities and a garage. The requested deviation is the smallest deviation possible to maintain the functional driveway without creating further encroachment and is proposed to “sunset” if and when the existing structure must be brought into compliance with development standards Footnote 1. Page 541 of 886 HOPE HOME II CFPUD, PUDZ-PL20220005096 January 13, 2025 Page 15 of 15 Staff Analysis and Recommendation: Zoning and Land Development Review staff recommends APPROVAL, finding that, in compliance with LDC Section 10.02.13.A.3, the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community," and LDC Section 10.02.13.B.5.h, the petitioner has demonstrated that the deviation is “justified as meeting public purposes to a degree at least equivalent to literal application of such regulations.” NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NIM on August 9, 2023. In addition to the Agent's team and county staff, approximately 25 opposing residents attended the meeting. For further information, please see Attachment B-NIM Synopsis and PowerPoint Presentation 8-6-23. Due to the passing of a year, a second NIM was required and was held on December 18, 2024. Approximately 11 opposing residents were in attendance. Please see Attachment B-1- NIM Synopsis and PowerPoint Presentation 12-18-24. The staff has received letters of objection from a neighboring resident. Please see Attachment C –Letters of Objection. COUNTY ATTORNEY OFFICE REVIEW: The County Attorney's Office has reviewed the staff report for Petition PUDZ-PL20220005096, Hope Home II CFPUD, revised on August 22, 2024. RECOMMENDATION: Planning and Zoning Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-PL20220005096, Hope Home II CFPUD, to the Board of County Commissioners with a recommendation of approval subject to the adoption of the companion GMPA and the following conditions of approval: 1.The proposed 10-foot fence/wall/opaque barrier shall be limited to the adjacent residential properties to the north and east. Attachments: Attachment A - Proposed PUD Ordinance Attachment B – NIM Synopsis and PowerPoint Presentation 8-9-23 Attachment B-1-NIMS Synopsis and PowerPoint Presentation 12-18-24 Attachment C - Letters of Objection Attachment D - Application https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:6e575000-841e-4b0d-88d1-4ecfcee1d2ae https://acrobat.adobe.com/id/urn:aaid:sc:VA6C2:3b037e7b-c174-47e2-9992-aae7efdfbf61 Page 542 of 886 [23-CPS-02354/1915482/1]221 Hope Home II PUD PL20220005096 1/27/25 1 of 2 ORDINANCE NO. 2025 -_____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AN ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE HOPE HOME II CFPUD, TO ALLOW A RECOVERY RESIDENCE LIMITED TO 23 RESIDENTS AND 3 RESIDENT SUPERVISORS, OR IN THE ALTERNATIVE A SINGLE FAMILY DWELLING AND A FAMILY CARE FACILITY, FOR PROPERTY LOCATED AT 3150 62ND STREET SW, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 4.47± ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PL20220005096] WHEREAS, David Lawrence Mental Health Center, Inc., represented by Robert Mulhere, FAICP of Bowman, Andrew Rath, P.E. of Davidson Engineering and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., 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 29, Township 49 South, Range 26 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Community Facilities Planned Unit Development (CFPUD) Zoning District Page 543 of 886 [23-CPS-02354/1915482/1]221 Hope Home II PUD PL20220005096 1/27/25 2 of 2 for a 4.47+/- acre parcel to be known as Hope Home II CFPUD, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2025- ___ becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this _______ day of ______________, 2025. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: _____________________________ By: _____________________________ , Deputy Clerk Burt L. Saunders, Chairman Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description Exhibit E: Requested Deviations from LDC Exhibit F: Developer Commitments Page 544 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 1 of 9 EXHIBIT A LIST OF PERMITTED USES Hope Home II CFPUD A Community Facility Planned Unit Development PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Recovery Residences, subject to FL Statutes 397.487 and LDC Section 5.05.041, not to exceed a total of 26 residents, inclusive of 23 residents and 3 senior residents; in the alternative, the property may be used for one of the uses identified under 2‐4, inclusive. 2. Single‐family dwelling as defined in the LDC. 3. Family Care Facility as defined in the LDC. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Customary accessory uses and structures that are incidental to the principal permitted use. 3. Water management facilities. 4. Water features, such as fountains. 5. Boardwalks, nature trails, gardens, gazebos and picnic areas, provided none of the foregoing shall be located within the 220’ Open Space area as designated on the Master Plan. 6. Fence/wall up to 10’ in height. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. C. Preserve Principal Uses 1. Preservation of natural vegetation. D. Preserve Accessory Uses 1. Stormwater management structures and facilities, subject to criteria identified in LDC 3.05.07.H.1.h.ii Page 545 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 2 of 9 EXHIBIT B LIST OF DEVELOPMENT STANDARDS Hope Home II CFPUD A Community Facility Planned Unit Development TABLE I GROUP HOME DEVELOPMENT STANDARDS RECOVERY RESIDENCE ACCESSORY STRUCTURES MINIMUM LOT AREA (acres) 2.25 N/A MINIMUM LOT WIDTH (feet) 150 150 MINIMUM FRONT (feet) 75 75 MINIMUM REAR (feet) 75 75 MINIMUM SIDE (feet) 30 1 30 MINIMUM PRESERVE SETBACK (FEET) 25 10 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater None MAXIMUM ZONED HEIGHT (feet) 30 or 1‐story1 30 or 1‐story MAXIMUM ACTUAL HEIGHT (feet) 40 40 MINIMUM FLOOR AREA (sq. ft.) 1,000 N/A PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. 1 Note: The existing single‐family/family care facility shall remain and be permitted to be maintained. Should the existing structure be removed or damaged to the extent that the damage is more than 50% of the value of the structure, the new or rebuilt structure shall comply with the development standards in this Table. Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Page 546 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 3 of 9 EXHIBIT C MASTER PLAN Page 547 of 886 Page 4 of 9 Page 548 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 5 of 9 EXHIBIT D LEGAL DESCRIPTION PARCEL A: THE NORTH 150 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: A PORTION OF THE NORTH 150 FEET OF TRACT 30, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT OF GOLDEN GATE ESTATES, UNIT 30, AS RECORDED IN PLAT BOOK 7 AT PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 1,020.53 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'32" EAST, A DISTANCE OF 51.64 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 36 DEGREES 10'36" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 0 DEGREES 56'57", AN ARC DISTANCE OF 89.47 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 73.07 FEET TO THE POINT OF BEGINNING. PARCEL B: THE SOUTH 180 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 840.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'37" EAST, A DISTANCE OF 186.91 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 38 DEGREES 33'56" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 2 DEGREES 23'20", AN ARC DISTANCE OF 225.22 FEET; THENCE SOUTH 89 DEGREES 32'32" WEST A DISTANCE OF 51.64 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 180.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 194,775 SQUARE FEET OR 4.47 ACRES OF LAND. Page 549 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 6 of 9 EXHIBIT E LIST OF DEVIATIONS Hope Home II CFPUD A Community Facility Planned Unit Development Deviation #1 seeks relief from LDC Section 4.06.02.C.2. “Type B Buffer” which requires a 15’ wide landscape buffer along the north property line, to instead allow the existing driveway as shown on the master plan to encroach into the proposed 15’ wide Type B landscape buffer. Subject to footnote 1 of Exhibit B, PUD Development Standards Table, in the event the existing building as shown on the master plan is removed or damaged more than 50% of the value of the building, the driveway serving a replacement structure will be relocated to allow for a 15’ wide typical Type B landscape buffer along the North property line. Page 550 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 7 of 9 EXHIBIT F LIST OF DEVELOPER COMMITMENTS Hope Home II CFPUD A Community Facility Planned Unit Development PURPOSE: The purposed of this Section is to set forth the development commitments for the development of this project. GENERAL: A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close‐ out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close‐out of the PUD. At the time of this PUD approval, the Managing Entity is David Lawrence Mental Health Center, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner’s agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed‐out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law.” (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. D. Light poles shall be limited to a height of 15’ and dark sky compliant (flat panel, full cut‐off fixtures‐ backlight, up light and glare (BUG) rating where U=0) to avoid light trespass onto adjacent property. TRANSPORTATION: A. Access will be provided off 62nd Street as shown on the Master Plan. B. The maximum total daily trip generation for the PUD shall not exceed 15 two‐way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. Page 551 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 8 of 9 LANDSCAPING: A. The PUD shall provide landscape buffering, at a minimum, according to the following: a. 15’ wide Type B Landscape buffer along South and East property lines. b. 15’ wide Type B Landscape buffer along North property line, subject to Deviation 1. c. 10’ wide Type D Landscape buffer along the West property line. B. A 10’ high non climbable opaque barrier shall be provided around the property in such a way as to create a complete perimeter and not disturb existing wetlands as provided for on the Master Plan. C. At least 220’ of open space shall be retained along the East property boundary. This space is only to be used for passive recreation. ENVIRONMENTAL: A. The PUD has 3.25 ± acres of native vegetation, as seen in provided FLUCCS map. The PUD will preserve a minimum of 10 percent of the site’s native vegetation as shown on the Master Plan. The minimum required preserve for the PUD is 0.325 ± acres. The Project will provide at least 0.333 acres of preservation and not disturb present wetlands. B. At time of development review, a Black Bear Management Plan and List Plan Species Protection Precautions will be provided, if necessary. PUBLIC UTILITIES: A. At the time of application for Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the water distribution/transmission system and wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined by the county manager or designee at time of SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. OPERATIONAL: Compliance with the following David Lawrence operations will be provided in an annual report to Collier County as part of annual PUD monitoring: A. Background checks to be performed on all residents through a third‐party vendor prior to admittance into Hope Home. Individuals that have a history of violent crimes, battery, sexual misconduct, rape or stalking will not be considered for residency. B. All residents are to be inside the residence between 12:00am‐5:00am. C. Random drug testing is mandatory and performed on all residents regularly. Residents may be asked at any time to submit to a drug test. D. Random room checks shall be performed. Page 552 of 886 Hope Home II CFPUD PUDZ‐PL20220005096 January 9, 2025 Page 9 of 9 E. Each resident is required to have participated in a minimum of a 28‐day intensive out‐patient program and maintain a written recovery plan that includes at a minimum: a. Abstinence from alcohol and illicit drug use. b. Plan for attendance at recovery‐related meetings and gatherings (e.g., 12‐step meetings, spiritual support groups, church, etc.). c. Meetings with peer recovery support specialists. d. Plan for positive day structure (e.g., employment, volunteer activities, etc.). F. Visitation shall be controlled by the following protocols: a. All visitors must be approved by David Lawrence Centers. b. Visitation is only permitted while the senior resident is present on‐site. c. Curfew for approved visitors is 10:00 PM. d. Visitors are not permitted in bedrooms, only in common areas. G. David Lawrence Centers staff shall provide an overnight staff person who is on‐call to respond to any potential incidents. Page 553 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Civil Engineering • Planning • Permitting D esigning E xcellence M E M O R A N D U M January 16, 2024 To: Collier County Development Services From: Jessica Kluttz, AICP Reviewed By: Andrew Rath, P.E. RE: Hope Home II PUDRZ & GMPA – Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting regarding the PUD Rezone and Growth Management Plan Amendment for a Recovery Residence at 315062nd Street SW on Wednesday August 9, 2023, at 6:00pm. The meeting was held at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116 in Meeting Room B. There were a total of 33 in-person attendees from the public who signed in, including the project team. Attached to this letter is the sign in sheet from the meeting, the provided hand out for attendants, and the PowerPoint Presentation utilized at the meeting. The list of individuals below, associated with the project, also participated in the meeting: - Jessica Kluttz, Davidson Engineering - Andrew Rath, Davidson Engineering - Scott Burgess, David Lawrence Mental Health Center (Applicant) - Richard Yovanovich, Coleman Yovanovich Koester - Francesca Passidomo, Coleman Yovanovich Koester - Wojciech Kulicki, PK Studios - Rachel Hansen, Collier County - Nancy Gundlach, Collier County - James Sabo, Collier County Richard Yovanovich, Agent for the Applicant, began the presentation at approximately 6:05 PM and gave an overview of the zoning request. Scott Burgess explained what a Recovery Residence is and how the current Hope Home operates. Jessica Kluttz presented more details about the zoning request including the site plan, architectural plans, permitted uses, and GMPA language. Page 554 of 886 2 Following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. • Kim Witmer asked about the landscape buffering, with concerns about how much vegetation will be left after exotics clearing. Also concerned that a low, chain link fence is easily climbed. Mike Rizzo added a request to waive exotics removal to regain the lushness of the existing vegetation in the rear of the property. Stated that no one wants to live next to such a use. Response: Scott Burgess responded that exotics removal is required by code but a variance could potentially be pursued. Alternative, opaque fencing that is not chain link could also be installed. • Mike Rizzo commented that such a concentration of people living on the property would amplify the risk of an incident occurring, suggested purchasing more property and putting small 6-person homes on each property like the current development. Response: Scott Burgess replied that he’d be welcome to see any studies showing that more people would lead to a lesser rate of success for the program. • Antonio Santiago stated that he’d been through such a program and believes they have a 75% relapse rate. Also concerned about background checks and insisted on these being released to the public for review. Response: Scott Burgess replied that HIPPA laws do not allow the background checks to be released, but insisted that they are performed on every Hope Home resident and that no exceptions are made. • Alex Pagan asked about if a septic system or lift station would be installed, concerned that in the event of a flood the septic system would fail and flood the neighborhood with waste. Response: Andrew Rath explained both options, septic system or sewer with lift station, and that a cost analysis is underway. • Alex Pagan also concerned that a 10’ wall was promised but not yet constructed around another David Lawrence Center property, the central receiving facility. Requested a wall around the subject property. Response: Scott Burgess assured the resident that the wall would be constructed, but that DLC was currently in negotiation with the church property that the wall would be developed on. Richard Yovanovich confirmed this as it is in the PUD, if a wall is in a PUD document then it must be built. • Nancy Kortnrt (did not sign in) expressed displeasure with the previous DLC hearing for the central receiving facility. Believes that this project is also incompatible, feels it is commercial in nature and being forced into a residential neighborhood. Concerned about the individuals living at the residence. Response: Scott Burgess expressed that her concern was noted. • William VanZant concerned about David Lawrence Center’s 5-10-15 year plans for potential expansion, felt that FDOT was likely to donate the adjacent vacant properties to DLC for expansion. Felt the letter sent out by David Lawrence Centers was deceptive by referring to DLC as ‘their neighbor’. Also stated that DLC purchased the church at the central receiving facility and that this property was acquired for $500. Page 555 of 886 3 Response: Scott Burgess responded that DLC does not have any concrete plans on if more land will be acquired or not, assured that the church was not owned by DLC. • Tom Collins expressed concern about the compatibility of such a use, stating that it was not residential. Believed that this would have a negative impact, degrade the community, and is against the county’s Growth management Plan. Asked county staff in attendance to enforce the GMP and not permit this development. Felt the property to the North would be the next expansion of the Hope Home. Response: Scott Burgess expressed that his concern was noted. • Jay Popiel believes that DLC has designated this area of Collier County as their ‘dumping ground’ with the Board of County Commissioners, asked the applicant to consider the safety of residents. Response: Scott Burgess expressed that his concern was noted. • Kim Witmir was aware of the 6 residents on the property and had no objection to it, however believes that 30 residents is too high a density and requested that a study be brought forward to show that this would not pose a risk to the community. Several attendees spoke at once at this point to ask about the background checks and if visitors to Hope Home had to pass a background check. Response: Scott Burgess discussed the model of care that Hope Home followed and the certification from the state they receive. • Mike Rizzo discussed how Del Rey has the highest concentration of group homes and does not want the Estates to become Del Rey. Stated that in studies he has reviewed, the optimal size for a group home is 4-12 residents and for the homes to be separate. Response: Scott Burgess invited Mike Rizzo to provide the study for review. Stated that on the FARR website, over 24 Recovery Residents have such a population as requested at Hope Home in this expansion. • Mike Rizzo continued by stating that FARR certification was ‘a joke’ and that he’d be fine with 6- resident homes spread out, but 30 on a single property was too much. Asked about resident turnover. Response: Scott discussed the 6 to 9 month average stay of residents. • Dan Halls expressed concerns with traffic and requested for the nearest intersection to be signalized to assists with the traffic problem. Response: Scott Burgess expressed that traffic signal location was controlled by the county, and stated that about 50% of residents have vehicles. • Tony Kirkland stated that every 6 months or so, someone from DLC knocks on his door asking for beer, once the person refused to leave so law enforcement was contacted. Concerned this will become more frequent. Requests higher security and for no fishing to be allowed in the adjacent canal. Christine Ruiz added that she believes DLC patients are stealing fruit from her fruit trees. Response: Scott Burgess suggested that the pair work with law enforcement in the event of such a disturbance so appropriate action can be taken. • A member of the public stated that she worked for NCH and understands the need but does not like the scale proposed. Asked if approval was already had, about the language in the GMPA (Shall), and if there are any exceptions made if residents break the house rules and how these rules are enforced. Felt this was an inappropriate location for so many residents. Page 556 of 886 4 Response: Jessica Kluttz responded that this application is not yet approved, that is up to the Board of County Commissioners, and that the ‘shall’ language is included in the GMPA as it will be approved concurrently with the PUD Rezone. Scott Burgess responded that senior residents live full time on the site, and that peer support specialists go to the location for monitoring. • Concern was again expressed by the public over the septic system and proximity to the canal. Request city sewer. Response: Andrew Rath again discussed the septic and sewer system. • Tony Kirkland stated that something bad will happen with the residents and stated desire for a 10’ wall, asked how this could be made to be built. Response: Richard Yovanovich explained that a wall will be built if it is in the PUD commitments. Scott Burgess stated that DLC will first explore landscape buffering options before a wall. • Mike Rizzo requested information as to how the public could voice their concerns to the board. Response: Richard Yovanovich explained that there will be opportunity for public comment at the Board of County Commissioners meeting. • Mike Rizzo asked to speak to the DLC board as well. Response: Scott Burgess stated that they could get in touch to try and arrange this. At this point, the attendees began speaking over one another. Richard Yovanovich stated that this forum was an informational meeting, not a debate. Stated that the public’s concerns have been heard and noted, however completely pulling this applicatoin was not an option. Invited the public to voice their concerns to the board and attend the public hearing. Multiple times throughout the meeting, the public added comments after questions were asked, speaking over each other or having side conversations with a general topic of being against the expansion of the Hope Home. Thus, some comments are not fully dictated or understandable in the NIM recording. At the start of the meeting, and several times, Richard Yovanovich interjected that members of the public can only speak one at a time, otherwise their voice may not be recorded and understood by the board. [Meeting Adjourned at approximately 7:35] Page 557 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Neighborhood Information Meeting August 9, 2023 Hope Home II PUDZ & GMPA (PL20220005096 & PL20220005096) The site is located at 62nd Street SW in Naples, FL. The purpose of this application is to allow for a Recovery Residence on the site allowing for 27 residents and 3 senior residents. The existing Home Hope Recovery Residence has been in operation with 5 residents and 1 senior resident since June of 2020 without complaint or objection. A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. Most RRs offer peer-to-peer recovery support, with some also providing evidence-based, professionally delivered, clinical services aimed at promoting long-term recovery. The proposed site plan consists of the following: 1. An existing residence utilized as a Recovery Residence. 2. Proposed new residential structure no more than 2 stories in height. 3. Approximately 220 feet of retained vegetation separating the use from the rear property line. The development standards for Estates zoning shall be followed or exceeded by the proposed structure. The nearest neighboring residential structure is 450’ from the proposed residence. The properties to the South and West of the site are owned by the State of Florida. A fence is to be provided around the property alongside landscape buffering to meet or exceed code. Page 558 of 886 Page 559 of 886 Page 560 of 886 David Lawrence Centers Hope Home II PUDRZ & GMPA NEIGHBORHOOD INFORMATION MEETING PL20220005096 & PL20220005096 AUGUST 9, 2023 8/9/2023 1Page 561 of 886 Agenda 1.In Attendance 2.Site Location & Current Zoning 3.Application Summary 4.What is Hope Home? 5.GMPA Application 1.Text Amendment and Subdistrict 6.PUD Rezone Application 1.Permitted Uses 2.Surrounding Land Uses 3.Master Site Plan 4.Buffering 7.Architectural Design 8.Utilities 8/9/2023 2Page 562 of 886 In Attendance Jessica Kluttz, AICP –Davidson Engineering –Planner Andrew Rath, P.E. –Davidson Engineering –Project Manager Scott Burgess –David Lawrence Centers for Behavioral Health –COO Richard Yovanovich, Esq. –Coleman Yovanovich Koester –Land Use Attorney Francesca Passidomo, Esq. –Coleman Yovanovich Koester –Land Use Attorney Wojciech Kulicki, AIA –PK Studios –Architect 8/9/2023 3Page 563 of 886 Site Location Site is located at 62nd Street SW in Naples, FL 4.47 Acres in size Located SE of the intersection of Golden Gate Parkway and I-75 7/25/2023 4Page 564 of 886 Current Zoning: Estates Permitted Uses: ◦Single Family Dwelling ◦Family Care Facility (6 Residents) ◦Essential Services ◦Educational Plants Conditional Uses: ◦Group Care Facilities, Care Units (When the tenancy of the persons under care would not constitute a direct threat to health and safety of other individuals, result in substantial physical damage to the property of others, or result in the housing of individuals currently engaged in the illegal use or addition to a controlled substance) Due to the Growth Management Plan restricting the location of Conditional Uses in the Estates, the property is not eligible for a conditional use, so a PUD Rezone is pursued along with a GMPA. 8/9/2023 5Page 565 of 886 Application Summary: Expand Hope Home PUD Rezone: ◦Allow for the Principal Use of a Recovery Residence, limited to 27 residents and 3 senior residents. ◦Accessory uses including common living areas and outdoor amenities including gazebos and picnic areas. ◦Allow for 2 structures on-site with a maximum height of 30’. ◦All setbacks and buffers will meet or exceed the Estates standards for the new structure. 8/9/2023 6 Growth Management Plan Amendment: ◦Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. ◦No additional parcels proposed for the expansion, current site to be utilized. Page 566 of 886 About the Existing Hope Home Hope Home is a Certified Recovery Residence,credentialed through the Florida Association of Recovery Residences,Inc.(FARR)as recommended by the state of Florida. Hope Home offers a safe and sober environment with peer support and guidance available for individuals who seek a living experience that supports a pathway to maintaining successful sobriety and recovery.The residence is intended to be a family or intentional community for those living in recovery-people who desire change and seek support in the recovery process and beyond. An approved Recovery Residence Administrator oversees the home. The home houses 5 residents and 1 senior resident and has been in operation since June of 2020 without complaint or objection. Hope Home is a 5-bedroom,3-bathroom residence for men 18 years and older. 8/9/2023 7Page 567 of 886 About the Existing Hope Home Curfews are Sunday-Thursday 10:30 PM-5:00 AM and Friday- Saturday 12:00 AM-5:00 AM. Each resident pays a $200 weekly fee. All current residents are employed. 26 Residents have resided at Hope Home to date. Resident length of stay has averaged 209 days. No drug related arrests or mental health stabilization unit admissions have occurred to any Hope Home residents while staying on property. 8/9/2023 8Page 568 of 886 What is a Recovery Residence? A Recovery Residence (RR)is a broad term describing a sober,safe,and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges.Thousands of recovery residences exist in the Unites States that vary in size, organization,and targeted population.Most RRs offer peer-to-peer recovery support,with some also providing evidence-based,professionally delivered,clinical services aimed to promote long- term recovery. Hope Home is defined by FARR as a Level 2 recovery residence.Level 2 is a monitored level, meaning that there are specific policies and procedures in place and that there is also a resident hierarchy having levels which may include a house manager or senior resident.Level 2 includes house rules that provide structure,peer-run groups,and involvement in self-help and/or treatment services.Drug and alcohol screenings occur frequently.House meetings occur weekly, and attendance is required. Food is not provided to residents,nor are any medical treatments provided on-site. 8/9/2023 9Page 569 of 886 Resident Expectations •Display a willingness and the desire for sobriety and a healthy lifestyle •Remain alcohol and drug free •Commit to a minimum of three months in Hope Home •Create and work towards your recovery plan •Find and work with a recovery mentor or a mutual aid sponsor •Locate and participate in a “home group” (an identified group, often a 12-step or other self- help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) •Background check performed on all potential residents-ensure no violence in history and there is an exclusion criteria against sexual predators 8/9/2023 10Page 570 of 886 Resident Expectations •Abide by the rules of the residence •Participate with your recovery family •Be sensitive to your Hope Home residence family’s needs and feelings •Be willing to express your own needs and feelings •Demonstrate respect for yourself and others •Attend house and community meetings •Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities •Find and maintain employment, attend school, and/or volunteer outside the home. 8/9/2023 11Page 571 of 886 What does Hope Home Provide? •A warm, clean, comfortable, fully furnished home. •Accountability (including drug and alcohol testing, daily housekeeping chores, weekly meetings) •Laundry facility located in your home •Lockboxes (provided primarily for storage of medications and personal items. Large sums of cash or expensive valuables should be stored elsewhere. Hope Home is not responsible for lost, stolen, or damaged items.) •Limited Internet access (Hope Home provides basic internet access. Internet is not unlimited. Those needing unlimited access internet should secure a hotspot or personal internet.) •Dedicated peer support staff •Access to case management, psychiatric services, and substance use treatment (all levels), by referral 8/9/2023 12Page 572 of 886 Proximity Exhibit 450’ TO NEAREST HOME. 8/9/2023 13Page 573 of 886 Growth Management Plan Amendment HOPE HOME II INSTITUTIONAL SUBDISTRICT 8/9/2023 14Page 574 of 886 Proposed Hope Home II Institutional Subdistrict 4.47 Acres Currently in the Residential Estates Subdistrict 15 8/9/2023 Page 575 of 886 Proposed Golden Gate Master Plan Text Amendment Urban Golden Gate Estates Sub-Element Hope Home II Institutional Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30, one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW. The intent of the Hope Home II Institutional Subdistrict is to provide for the continued operation of the existing group care facility, with additional residential units to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following institutional uses are permitted through the planned unit development rezone process: a. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 8/9/2023 16Page 576 of 886 8/9/2023 17 Proposed change to Urban Golden Gate Estates Future Land Use Map: Addition of the Hope Home II Institutional Subdistrict as a Conditional Use Subdistrict. Page 577 of 886 Planned Unit Development Rezone HOPE HOME II COMMUNITY FACILITY PUD 8/9/2023 18Page 578 of 886 Permitted Uses A. Principal Uses: 1. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 2. Single Family Home. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 19 Medical and commercial uses are not permitted. This site can only be used as a residential style Recovery Residence and not any other treatment facility or function of the David Lawrence Center. Page 579 of 886 Accessory Uses B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Administrative Offices as an accessory to Recovery Residence. 3. Customary accessory uses and structures that are incidental to the principal permitted use. 4. Water management facilities. 5. Water features, such as fountains. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gardens, gazebos and picnic areas. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 20Page 580 of 886 Surrounding Land Uses Immediately adjacent to the parcel are vacant, residential, and right of way uses. Property to the south is owned by the State of Florida. Neighbors have been contacted via letter and several meetings held with abutting property owners. 8/9/2023 21 State of Florida TIFF/FDOT Land Use: Conditional Use Page 581 of 886 8/9/2023 22 Development Standards for Proposed Structure GROUP HOME ESTATES STANDARDS MINIMUM LOT AREA (sq. ft.)98,010 98,010 MINIMUM LOT WIDTH (feet)150 150 MINIUM FRONT (feet)75 75 MINIMUM REAR (feet)75 75 MINIMUM SIDE (feet)30 30 MINIMUM PRESERVE SETBACK (FEET) 25 25 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater 10 or ½ sum of building heights, whichever is greater MAXIMUM ZONED HEIGHT (feet) 30 30 MINIMUM FLOOR AREA (sq. ft.) 1,000 1,000 PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS 20 feet from a residential property line 20 feet from a residential property line SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING ROADWAYS 25 Feet from a road right-of- way line 25 Feet from a road right-of- way line Page 582 of 886 8/9/2023 23 Master Concept Plan Page 583 of 886 8/9/2023 24 Master Concept Plan Existing Hope Home (6 Residents) Proposed Hope Home II (24 Residents) Preserve (0.334 AC) Page 584 of 886 8/9/2023 25 Buffering 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer10’ Type D Landscape Buffer A chain link fence currently fronts the property. A fence will be erected around the site. Approx. 220’ of retained vegetation in rear yard Page 585 of 886 Buffering 8/9/2023 26Page 586 of 886 Transportation The maximum total daily trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP. Access will be provided off 62nd Street SW. 8/9/2023 27Page 587 of 886 Architectural Design 8/9/2023 28Page 588 of 886 8/9/2023 29Page 589 of 886 Utilities 8/9/2023 30Page 590 of 886 Water & Sewer The property is located within the Collier County sanitary sewer and potable water service area. Connection locations are more than 200’ away so connection is permitted but not required. 8/9/2023 31 1 Inch water line 4 Inch force main Page 591 of 886 Water & Sewer A private well and septic system could be utilized on the site. 8/9/2023 32 Existing Septic FieldConceptual Septic Field Page 592 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 8/9/2023 33Page 593 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 8/9/2023 34Page 594 of 886 V:\340873 - David Lawrence Center - Hope Home II\340873-01-001 (PLN)\Planning\NIM Summary (1-3-2025).docx NIM SUMMARY Hope Home II CFPUD (PUDZ-PL-20220005096) Hope Home II Subdistrict (SSGMPA-PL-20220005195) Monday, December 18, 2024 at 5:30 p.m. Collier County Public Library Headquarters, Sugden Theater 2385 Orange Blossom Drive, Naples, FL 34109 The NIM was held for the above referenced petitions. The petitions are described as follows: 1. Hope Home II CFPUD (PUDZ-PL-20220005096) – Allow for the Principal Use of a Recovery Residence, limited to 23 residents and 3 senior residents. Accessory uses including outdoor amenities including gazebos and picnic areas. Allow for 2 single-story structures on-site with a maximum height of 30’, consistent with Estates zoning. All setbacks and buffers will meet or exceed the Estates standards for the new structure. 2. Hope Home II Subdistrict (SSGMPA-PL-20220005195) – Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. No additional parcels proposed for the expansion, current site to be utilized. Note: This is a summary of the NIM. An audio recording is also provided. Attendees Applicants: Scott Burgess – David Lawrence Centers for Behavioral Health - COO Nancy Dauphinais – David Lawerence Centers for Behavioral Health - COO Edward A. Morton – David Lawerence Centers for Behavioral Health - Chair, Board of Directors On behalf of Applicants: Richard Yovanovich, Esq. – Coleman Yovanovich Koester - Land Use Attorney Francesca Passidomo, Esq. – Coleman Yovanovich Koester - Land Use Attorney Robert J. Mulhere, AICP - Bowman Consulting – Land Planner Andrew Rath, P.E. – Davidson Engineering - Project Manager Wojciech Kulicki, AIA – PK Studios - Architect County Staff: Parker Klopf, AICP, Planner III Nancy Gundlach, AICP, Planner III Members of the Public: See attached Sign in Sheets Richard Yovanovich commenced the NIM presentation at 5:30 PM. Both Richard Yovanovich and Scott Burgess participated in the presentation. Page 595 of 886 V:\340873 - David Lawrence Center - Hope Home II\340873-01-001 (PLN)\Planning\NIM Summary (1-3-2025).docx Approximately 8 members of the public were in attendance, and several spoke on the following issues: Concerns with impacts to the neighborhood from a safety perspective. Conference with the number of residents. Concerns related to parking and traffic Concerns with this location. Concerns with resident travel from Hope Home to the DLC It was suggested that a dedicated walkway be installed along GG Parkway for residents to travel from Hope Home to DLC. The meeting was concluded at 6:20 PM. Page 596 of 886 Page 597 of 886 Page 598 of 886 Page 599 of 886 Page 600 of 886 Page 601 of 886 Page 602 of 886 Page 603 of 886 David Lawrence Centers Hope Home II PUDRZ & GMPA NEIGHBORHOOD INFORMATION MEETING PL20220005096 & PL20220005195 DECEMBER 18, 2024 12/18/2024 1Page 604 of 886 Agenda 1.In Attendance 2.Site Location & Current Zoning 3.Application Summary 4.What is Hope Home? 5.GMPA Application 1.Text Amendment and Subdistrict 6.PUD Rezone Application 1.Permitted Uses 2.Surrounding Land Uses 3.Master Site Plan 4.Buffering 7.Architectural Design 8.Utilities 12/18/2024 2Page 605 of 886 In Attendance Richard Yovanovich, Esq. – Coleman Yovanovich Koester - Land Use Attorney Francesca Passidomo, Esq. – Coleman Yovanovich Koester - Land Use Attorney Robert Mulhere, AICP - Bowman Consulting – Land Planner Scott Burgess – David Lawrence Centers for Behavioral Health - COO Nancy Dauphinais – David Lawerence Centers for Behavioral Health - COO Edward A. Morton – David Lawerence Centers for Behavioral Health - Chair, Board of Directors Wojciech Kulicki, AIA – PK Studios - Architect Andrew Rath, P.E. – Davidson Engineering - Project Manager 12/18/2024 3Page 606 of 886 Notable Changes Made Since Initial Neighborhood Information Meeting (8/9/23): •Proposed residence reduced from two-story to single-story structure. •Total number of residents reduced from 30 down to 23 residents and 3 senior residents. •Committed to 10 foot high non climbable opaque barrier around perimeter of property. •Agreed to no residential use, including no passive uses or structures, within +/-220 feet of retained native vegetation area buffering the nearest residential properties. •Incorporated operational commitments as part of the PUD Document, which is not required for a group home but was volunteered by DLC to address concerns of the neighbors. 12/18/2024 4Page 607 of 886 Site Location Site is located at 62nd Street SW in Naples, FL 4.47 Acres in size Located SE of the intersection of Golden Gate Parkway and I-75 12/18/2024 5Page 608 of 886 Aerial of existing building 12/18/2024 6Page 609 of 886 Aerial of existing building 12/18/2024 7Page 610 of 886 Backyard of existing building 12/18/2024 8Page 611 of 886 Current Zoning: Estates Permitted Uses: ◦ Single Family Dwelling ◦Family Care Facility (6 Residents) ◦Essential Services ◦Educational Plants 12/18/2024 9 Conditional Uses: ◦Group Care Facilities, Care Units (When the tenancy of the persons under care would not constitute a direct threat to health and safety of other individuals, result in substantial physical damage to the property of others, or result in the housing of individuals currently engaged in the illegal use or addition to a controlled substance) Due to the Growth Management Plan restricting the location of Conditional Uses in the Estates, the property is not eligible for a conditional use, so a PUD Rezone is pursued along with a GMPA. Page 612 of 886 Application Summary: Expand Hope Home PUD Rezone: ◦Allow for the Principal Use of a Recovery Residence, limited to 23 residents and 3 senior residents. ◦Accessory uses including outdoor amenities including gazebos and picnic areas. ◦Allow for 2 single-story structures on-site with a maximum height of 30’, consistent with Estates zoning. ◦All setbacks and buffers will meet or exceed the Estates standards for the new structure. 12/18/2024 10 Growth Management Plan Amendment: ◦Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. ◦No additional parcels proposed for the expansion, current site to be utilized. Page 613 of 886 About the Existing Hope Home Hope Home is a Certified Recovery Residence, credentialed through the Florida Association of Recovery Residences, Inc. (FARR) as recommended by the state of Florida. Hope Home offers a safe and sober environment with peer support and guidance available for individuals who seek a living experience that supports a pathway to maintaining successful sobriety and recovery. The residence is intended to be a family or intentional community for those living in recovery- people who desire change and seek support in the recovery process and beyond. An approved Recovery Residence Administrator oversees the home. The home houses 5 residents and 1 senior resident and has been in operation since June of 2020 without complaint or objection. Hope Home is a 5-bedroom, 3-bathroom residence for men 18 years and older. 12/18/2024 11Page 614 of 886 About the Existing Hope Home Curfews are Sunday-Thursday 10:30 PM-5:00 AM and Friday-Saturday 12:00 AM-5:00 AM. Each resident pays a $200 weekly fee. All current residents are employed. 26 Residents have resided at Hope Home to date. Resident length of stay has averaged 209 days. No criminal arrests or mental health stabilization unit admissions have occurred to any Hope Home residents while staying on property. 12/18/2024 12Page 615 of 886 What is a Recovery Residence? A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. Most RRs offer peer-to-peer recovery support, with some also providing evidence-based, professionally delivered, clinical services aimed to promote long- term recovery. Hope Home is defined by FARR as a Level 2 recovery residence. Level 2 is a monitored level, meaning that there are specific policies and procedures in place and that there is also a resident hierarchy having levels which may include a house manager or senior resident. Level 2 includes house rules that provide structure, peer-run groups, and involvement in self-help and/or treatment services. Frequent drug and alcohol screenings occur randomly. House meetings occur weekly, and attendance is required. Food is not provided to residents, nor are any medical treatments provided on-site. 12/18/2024 13Page 616 of 886 Resident Selection Criteria •Display a willingness and the desire for sobriety and a healthy lifestyle •Remain alcohol and drug free •Commit to a minimum of three months in Hope Home •Create and work towards your recovery plan •Find and work with a recovery mentor or a mutual aid sponsor •Locate and participate in a “home group” (an identified group, often a 12-step or other self- help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) •Background check performed on all potential residents- ensure no violence in history and there is an exclusion criteria against sexual predators 12/18/2024 14Page 617 of 886 Resident Expectations •Abide by the rules of the residence •Participate with your recovery family •Be sensitive to your Hope Home residence family’s needs and feelings •Be willing to express your own needs and feelings •Demonstrate respect for yourself and others •Attend house and community meetings •Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities •Find and maintain employment, attend school, and/or volunteer outside the home. 12/18/2024 15Page 618 of 886 What does Hope Home Provide? •A warm, clean, comfortable, fully furnished home. •Accountability (including drug and alcohol testing, daily housekeeping chores, weekly meetings) •Dedicated peer support staff •Individually tailored case management plan. 12/18/2024 16Page 619 of 886 Growth Management Plan Amendment HOPE HOME II INSTITUTIONAL SUBDISTRICT 12/18/2024 17Page 620 of 886 Proposed Hope Home II Institutional Subdistrict 4.47 Acres Currently in the Residential Estates Subdistrict 12/18/2024 18 Page 621 of 886 Proposed Golden Gate Master Plan Text Amendment Urban Golden Gate Estates Sub-Element Hope Home II Institutional Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30, one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW. The intent of the Hope Home II Institutional Subdistrict is to provide for the continued operation of the existing group care facility, with additional residential units to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following principal uses are permitted through the planned unit development rezone process: 1. A Recovery Residence per Florida Statute 397.487 limited to 23 residents and 3 senior residents, subject to LDC Section 5.05.04. 2. Single-family dwelling. 3. Family Care Facility as defined in the LDC. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 12/18/2024 19Page 622 of 886 12/18/2024 Proposed change to Urban Golden Gate Estates Future Land Use Map: Addition of the Hope Home II Institutional Subdistrict as a Conditional Use Subdistrict. 20Page 623 of 886 Planned Unit Development Rezone HOPE HOME II COMMUNITY FACILITY PUD 12/18/2024 21Page 624 of 886 Permitted Uses A. Principal Uses: 1. Recovery Residence per Florida Statute 397.487 and LDC Section 5.05.04. 2. Single Family dwelling. 3. Family Car Facility as defined in the LDC. 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. Medical and commercial uses are not permitted. This site can only be used as a residential style Recovery Residence and not any other treatment facility or function of the David Lawrence Center. 12/18/2024 22Page 625 of 886 Accessory Uses B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Customary accessory uses and structures that are incidental to the principal permitted use. 3. Water management facilities. 4. Water features, such as fountains. 5. Boardwalks, nature trails, gardens, gazebos and picnic areas, provided none of the foregoing shall be located within the 220’ Open Space area as designated on the Master Plan. 6. Fence/wall up to 10’ in height. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 12/18/2024 23Page 626 of 886 Surrounding Land Uses Immediately adjacent to the parcel are vacant, residential, and right of way uses. Property to the south and west is owned by the State of Florida. Neighbors have been contacted via letter and several meetings held with abutting property owners. State of Florida TIFF/FDOT Land Use: Conditional Use 12/18/2024 24 State Vacant Page 627 of 886 12/18/2024 25 Operational Commitments: Compliance with the following David Lawrence operations will be provided in an annual report to Collier County as part of annual PUD monitoring: A. Background checks to be performed on all residents through a third-party vendor prior to admittance into Hope Home. Individuals that have a history of violent crimes, battery, sexual misconduct, rape or stalking will not be considered for residency. B. All residents are to be inside the residence between 12:00am-5:00am. C. Random drug testing is mandatory and performed on all residents regularly. Residents may be asked at any time to submit to a drug test. D. Random room checks shall be performed. E. Each resident is required to have participated in a minimum of a 28-day intensive out-patient program and maintain a written recovery plan that includes at a minimum: a. Abstinence from alcohol and illicit drug use. b. Plan for attendance at recovery-related meetings and gatherings (e.g., 12-step meetings, spiritual support groups, church, etc.). c. Meetings with peer recovery support specialists. d. Plan for positive day structure (e.g., employment, volunteer activities, etc.). F. Visitation shall be controlled by the following protocols: a. All visitors must be approved by David Lawrence Centers. b. Visitation is only permitted while the senior resident is present on-site. c. Curfew for approved visitors is 10:00 PM. d. Visitors are not permitted in bedrooms, only in common areas. G. David Lawrence Centers staff shall provide an overnight staff person who is on-call to respond to any potential incidents. Page 628 of 886 Development Standards for Proposed Structure GROUP HOME ESTATES STANDARDS MINIMUM LOT AREA (acres)2.25 2.25 MINIMUM LOT WIDTH (feet)150 150 MINIMUM FRONT (feet)75 75 MINIMUM REAR (feet)75 75 MINIMUM SIDE (feet)30 30 MINIMUM PRESERVE SETBACK (FEET) 25 25 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater 10 or ½ sum of building heights, whichever is greater MAXIMUM ZONED HEIGHT (feet) 30 or 1-story 30 MINIMUM FLOOR AREA (sq. ft.) 1,000 1,000 PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS 20 feet from a residential property line 20 feet from a residential property line SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING ROADWAYS 25 Feet from a road right-of- way line 25 Feet from a road right-of- way line 12/18/2024 26Page 629 of 886 Master Concept Plan 12/18/2024 27Page 630 of 886 Master Concept Plan Existing Hope Home (6 Residents) Proposed Hope Home II (20 Residents) Preserve (0.334 AC) 12/18/2024 28Page 631 of 886 Proximity Exhibit – Rear 9/20/2024 29 575’ 450’ 538’ 460’ PROXIMITY EXHIBIT - REAR 450’ TO NEAREST HOME Page 632 of 886 Buffering 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer0’ Type D ndscape Buffer A chain link fence currently fronts the property. A 10’ fence/wall will be erected around the site. Approx. 220’ of retained vegetation in rear yard 12/18/2024 30Page 633 of 886 Buffering A 10’ high non climbable opaque barrier shall be provided around the property in such a way as to create a complete perimeter and not disturb existing wetlands as provided for on the Master Plan. 12/18/2024 31Page 634 of 886 The maximum trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP. Access will be provided off 62nd Street SW. 12/18/2024 32 Transportation Page 635 of 886 Architectural Design 12/18/2024 33Page 636 of 886 12/18/2024 34Page 637 of 886 12/18/2024 35Page 638 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 12/18/2024 36Page 639 of 886 7/31/2024 Re: Hope Home II CFPUD #PL 20220005195/5096 Dear Planning Commission, I live directly behind the proposed project on 3199 60th St SW, and am a Ph.D mental health professional practicing in Collier County. David Lawrence and Davidson Engineering present their proposal for “Hope Home II” as if it is a new Disney Resort. It is in fact a dormitory style half-way house for our most challenged addicted male citizens, to live together for a brief period without staff, after leaving the initial 28-day program. The DCL website advertises its treatment services are for “those suffering from both mental illness and an addiction” at the same time and for “opiate and heroin addiction.” Therefore, Hope Home II will not only serve alcoholics during their first few months of recovery, but also those in the beginning stages of recovery from the most addictive substances combined with various mental illnesses. It is important to provide housing options for those in recovery, but the location of these services adjacent to single family dwellings with families is incompatible. Everyone in our community, the fifty-two (52) residents residing within 62 nd Street SW, 60th Street SW, and 58th Street SW, that signed our initial petition back in July of 2023, are still very frightened for our safety and about losing our tranquil lifestyle. We have all lost great amounts of sleep worrying about our neighborhood potentially being compromised. We also have great concerns regarding our dreams for future generations to enjoy the safe and secure rural lifestyle we have embraced in our community. Residents on the North Side of Golden Gate who were forced to accept the approval of the proposed Crisis Care Center (secure and staffed), despite the Planning Commission’s recommendation for a different location, are now even more dismayed as another very different kind of intrusion of our neighborhood is being proposed. Those neighbors opposing the Crisis Care Center on the North side of Golden Gate had known that “institutional zoning” was in place when they purchased their properties. We on the South side of Golden Gate, however, had no warning that our property rights, as previously defined in the Golden Gate Charter and the Greenway Plan, could ever be adjusted to add an institutional building in our backyards, with impacts on water, light, noise, sewage and density considerations. To combat the consequences of this dormitory style recovery residence (or a recovery community facility) now proposed, we can build walls, pass noise ordinances, put in cameras, ask for security guards, ask for entry gates with cameras, and impose a host Page 640 of 886 of rules to reduce the intrusions and risk posed by the transient population. But the rural, family-oriented character of our neighborhood will be lost. Further, enforcement of any rules and promises in perpetuity once the structure is built and inhabited is unrealistic and will leave the neighbors without control over the quality of their lives. Compatibility of this structure with our community structures and life style as well as the unreasonable increased density in a single family home neighborhood is not consistent with that which is legal and reasonable. Simply put, this proposed neighborhood dormitory for 30 men is a poorly thought out idea designed with perhaps the good intentions of faithful donors and state officials to address the mental health and opiate addiction problem. Certainly there is a more appropriate location for this experimental facility. Inserting this unstaffed dormitory facility into a residential neighborhood is irresponsible and dangerous for the current residents of Hope Home I as well as our neighborhood. It is, without question “institutional’” and not consistent with the characteristics of our residential community and, just as importantly, it is not supported by best practices for a true “recovery residence/community) where typically, 6-8 people living as a family is best practice. Consider the obvious but not discussed facts about the population of candidates: 1. Between the existing sober home (6 current residents) since 2018, and the proposed dormitory to house 24 residents, 30 patients in total will be living on a property currently delineated to have no more than 6 surnames people, per the current land zoning. This represents a 500 % increase in density. 2. The residents will not necessarily be from Collier County or even Florida. 3. The proposal does not address the difficult questions associated with timely medical and clinical support for 30 men in recovery who are housed in a residential neighborhood, who may experience a mental health crisis. According to the American Medical Association, 53% of drug abusers have at least one co- occurring psychiatric illness, including schizophrenia, post traumatic stress disorder, and bi-polar disorder. (See also, Kessler et al., 1997; Kessler et al., 1996; Reiger et al., 1990; see also Santucci, Psyciatric Disease and Drug Abuse (2012) and Ross & Peselow (2012)). If one person stops their prescribed medications, or has a crisis, who is required to intercede? Where will they receive the treatment when the insurance and fiscal resources are not available? The neighbors will have no comfort level in the infinite possibilities for things to go wrong and undetected. FARR licensing does not impose any guidelines for services. 4. No David Lawrence Center staff will be providing direct oversight or have accountability. Although they will be asked to adhere to the guidelines imposed Page 641 of 886 by FARR (requiring sobriety), these residents will be monitoring themselves. Their whereabouts, sobriety, who visits them, additional traffic in the community (foot traffic and vehicles) and their sensitivity to the community at large including noise levels during recreational activities, smoking and vaping, congregating outside on the dormitory in neighborhoods, sharing bus stop locations with public school students, will be totally at their own discretion. 5. Patients will typically spend 6- 12 months in residence. Considering the turnover of patients living in the proposed plan, 30 to 60 or more recovering addicts, some as young as 18, will be rotating through our neighborhood each year. 6. These are the most complex patients in the mental health community. A list of the challenges faced by this population of men can include but are not limited to, opioid abuse including fentanyl, heroin, oxycodone, percocet, methamphetamine (crystal meth), benzodiazepine (valium and xanax), cocaine, Ketamine, as well as the abuse of other illegal substances. 7. Moreover, most are recovering addicts who utilize community agencies and have less resources and support systems in place during this challenging time in their recovery. The David Lawrence Center has not indicated that it will screen for criminal records that are not violent (drug dealing, theft), or certain coexisting mental health challenges that could pose a risk to the other Hope Home residents and the community. 8. DLC would have you believe that a 28-day in-patient program (Minnesota Model) prepares our most complex patients in the mental health community to be ready for transitional living in a classic neighborhood. There is no evidence that a 28-day in-patient treatment program prior to release to a sober dormitory for 30 men is sufficient to ensure continued sober living. The effectiveness of a 28-day inpatient addiction treatment program can vary widely from person to person. While it can be a critical step for many in starting their journey toward recovery, it’s not a one-size-fits-all solution, and is not always effective for everyone. Some (especially opioid addicts) may not be ready to transition in 28 days.The 28-day model was developed in Minnesota in the 1970’s in a residential treatment center for alcoholics. Insurance companies wanting to provide as little services as they can get away with, adopted this as the typical stay (i.e. that is all they will pay for). 9. The Florida Association of Recovery Residences (FARR), who I have spoken with directly (senior staff), has no input into program locations and numbers of residents. They do not endorse or reject programs based on locations or size or successful practices. They do however impose standards that are empirically supported as best practice for recovery residences. 10. All research on sober housing clearly indicates that 6 to 8 or 10 is the maximum individuals that can be managed to be effective as a sober home mimicking a Page 642 of 886 family for chores and meals. It only takes one individual to pull other residents off track. 11. Opiate (heroin and fentanyl) addictions account for more than 20% of the total treatment admissions that occur at substance abuse treatment facilities. Many coming through the criminal justice system may be utilizing this facility –even if the DCL screens for past violent crime, there are other crimes that will not be screened for. In addition to the sale and possession of drugs being a crime, there are a number of other crimes associated with opioid and heroin use based on studies dating back for decades. Opiate use and addiction are linked to at least 50 percent of the major crimes in the United States. 12. Our neighborhood, consisting of the more than fifty-two residents who oppose the facility residing within 62nd Street SW, 60th Street SW, and 58th Street SW, is being placed in great danger by the sheer number of transient men housed in our neighborhood year after year. The wellbeing of Collier County residents must be the propriety of county government. Some specific points of these concerns include: a. There are many children living in our neighborhood homes on 62nd Street SW, as well as on the properties that directly border to the proposed transitional facility along 60th Street SW. b. There is a school bus stop on the corner of 62 nd Street SW and Golden Gate Parkway that transports the neighborhood children to and from their respective schools. The high school kids (at this time one female) must be picked up at 6:15 AM, when it is often dark. The school bus stop is adjacent to the public bus stop that David Lawrence’s clinically unsupervised sober home transitional recovery residents will have access to c. There is a preschool, with children aged birth to five years, located at 3060 62nd Street SW, less just a few hundred yards from the proposed clinically unsupervised transitional recovery residence housing 60 different adults per year. d. There is a specialized school for children with Autism located further up Golden Gate Parkway (5860 Golden Gate Parkway) with very fragile, mentally challenged, as well as gullible children. e. Four churches are within walking distance. f. Elderly retires, some lone female residents, live in homes that lie within the impacted area. They have previously been harassed and are frightened by the current residents of Hope Home 1 according to my conversations with these individuals. g. Although the distance between the proposed DLC dormitory and the physical buildings adjacent to 62nd Street SW may be 400 feet away, residents do leave our homes and spend time in our yards. Gardening areas, swimming pools, backyard playgrounds, and barn fires are Page 643 of 886 common to our neighborhood. The usage of our yards spread to the rear of our properties which are adjacent to areas where dormitory residents will congregate outdoors. Cigarette smoking, vaping, foul language, loud music, sports recreation, are simply some of the potentially problematic occurrences to be witnessed. h. Constructing a wall approximately 10 feet in height may ease neighborhood concerns for safety. A wall on three (3) sides, however, will not preclude individuals from walking around the wall and will not contain the noise. i. If one of the 45 to 60 residents relapses and is in desperate need for drugs or money, our homes become the most obvious available targets. j. A sample of a police dispatch report that we were able to secure as it relates to the current Hope Home 1, indicated 14 police visits in 20- month period. These calls were not to the neighborhood, but to the address of the Hope Home 1 Sober Home. This was for just the 6 men in Hope Home I. If there are 30 men, that would equate to 70 police visits in 20 months, if my math is correct. k. I have lived in my home on 62nd Street SW for 10 years. I surveyed our local residents, and other than medical emergencies, only one event can be recalled in the past 10 years or so when a Sheriff has been called to our community. 13. There is no current zoning that has ever been permitted in Collier County that can define the proposed dormitory. 14. On a more pragmatic note, our homes are where many of us have our life’s savings invested. There is no neighborhood in America where a facility of this size with transient neighbors would help with property values. 15. Water and septic tank concerns: a. The water pulled from the well to served this proposed dormitory will be equivalent to or greater than the amount used by 7 or more homes assuming an average of 3 to 4 residents reside in most homes. b. The sewerage generated will also be greater than the amount generated by 7 or more homes - WILL OUR WATER (WELLS) AND WASTE WATER CONTAMINATING ADJACENT WATERWAYS (Canals) BE COMPROMISED. c. Willour availability of well water be compromised by such a disproportionate pull on the available water. Some wells in GG Estates are already running dry. 16. If this were to move forward, what mechanism for quality control could be effective and accessible for the neighbors. Who will be responsible to make adjustments if in fact things do not go as the fairy tale plan expects. How will our neighborhood resolve problems that arise. DLC will not be motivated to address or be sensitive to our concerns. Historically, administrators at DLC have shown minimal concern for the community that surrounds this institutional facility. Finally, Collier County commissioned and adopted the Mental Health and Addiction Services Five Year Strategic Plan 2020-2024. It states: “In addition, all services, programs Page 644 of 886 and activities related to the identified Priorities and special populations must be grounded in the best available Evidence Based or Evidence Informed Practices in order to ensure maximum quality and cost effectiveness in services provided to the community.” The monies allotted by State legislatures are counting on our local community to make the best use of the monies and pick the right location. DLC has not provided a proof of concept to warrant this leap of faith to build such a permanent institutionally sized structure in our neighborhood. Our neighborhood has already hosted a traditional sober home for six people since 2018. No residential community anywhere in Collier County, or anywhere in the country, should have to carry the burden of 45-60 men a year with such varied and complex social, emotional and behavioral needs as well as histories of drug abuse and possible criminal activity living in a dorm without professional supervision. To push them into our neighborhood is a dangerous experiment. This is an INSTITUTIONAL facility that needs to be on INSTITUTIONALLY zoned land, far away from communities with small kids, preschools, schools for Autism, bus stops, fragile elderly, and families. Michael P. Rizzo, Ph.D., ABSNP Florida Licensed School Psychologist SS#0480 Diplomate of the American Board of School Neuropsychology Some of the references that I used to form my professional views expressed herein are in the attached reference list. References HelpGuide.org (“Dual Diagnosis: Substance Abuse and Mental Health,” citing AMA study findings). Anglin, M. D., Hser, Y., & Grella C. E. (1997). Drug addiction and treatment careers among clients in the Drug Abuse Treatment Outcomes Study (DATOS). Psychology of Addictive Behaviors, 11, 308–323. Page 645 of 886 Brady KT, Haynes LF, Hartwell KJ, Killeen TK. Substance use disorders and anxiety: a treatment challenge for social workers. Soc Work Public Health. 2013;28(3-4):407-423. doi:10.1080/19371918.2013.774675. De Alwis D, Lynskey MT, Reiersen AM, Agrawal A. Attention-deficit/hyperactivity disorder subtypes and substance use and use disorders in NESARC. Addict Behav. 2014;39(8):1278-1285. doi:10.1016/j.addbeh.2014.04.003. Compton WM, Thomas YF, Stinson FS, Grant BF. Prevalence, correlates, disability, and comorbidity of DSM-IV drug abuse and dependence in the United States: results from the national epidemiologic survey on alcohol and related conditions. Arch Gen Psychiatry. 2007;64(5):566-576. doi:10.1001/archpsyc.64.5.566. Conway KP, Compton W, Stinson FS, Grant BF. Lifetime comorbidity of DSM-IV mood and anxiety disorders and specific drug use disorders: results from the National Epidemiologic Survey on Alcohol and Related Conditions. J Clin Psychiatry. 2006;67(2):247-257. Flórez-Salamanca L, Secades-Villa R, Budney AJ, García-Rodríguez O, Wang S, Blanco C. Probability and predictors of cannabis use disorders relapse: Results of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC). Drug Alcohol Depend. 2013;132(0):127-133. doi:10.1016/j.drugalcdep.2013.01.013. Granfield, R., & Cloud, W. (1999). Coming clean: Overcoming addiction without treatment. New York: New York University Press. Harstad E, Levy S, Abuse C on S. Attention-Deficit/Hyperactivity Disorder and Substance Abuse. Pediatrics. 2014;134(1):e293-e301. doi:10.1542/peds.2014-0992. Hartz SM, Pato CN, Medeiros H, et al. Comorbidity of severe psychotic disorders with measures of substance use. JAMA Psychiatry. 2014;71(3):248-254. doi:10.1001/jamapsychiatry.2013.3726. Hser YI, Grella CE, Hubbard RL, et al. An evaluation of drug treatments for adolescents in 4 US cities. Arch Gen Psychiatry. 2001;58(7):689-695. Hubbard, R. L., Flynn, P. M., Craddock, G., & Fletcher, B. (2001). Relapse after drugabuse treatment. In F. Tims, C. Leukfield, & J. Platt (Eds.), Relapse and recoveryin addictions (pp. 109–121). New Haven, CT: Yale University Press. Institute of Medicine. (1998). Bridging the gap between practice and research: Forg-ing partnerships with community-based drug and alcohol treatment. Washing-ton, DC: National Academy Press. Kelly TM, Daley DC. Integrated Treatment of Substance Use and Psychiatric Disorders. Soc Work Public Health. 2013;28(0):388-406. doi:10.1080/19371918.2013.774673. Page 646 of 886 Laudet, A. B., & White, W. L. (2008). Recovery capital as prospective predictor of sustained recovery, life satisfaction and stress among former poly-substance users. Substance Use and Misuse, 43, 27–54. Magidson JF, Liu S-M, Lejuez CW, Blanco C. Comparison of the Course of Substance Use Disorders among Individuals With and Without Generalized Anxiety Disorder in a Nationally Representative Sample. J Psychiatr Res. 2012;46(5):659-666. doi:10.1016/j.jpsychires.2012.02.011. McKay, J. R., Alterman, A. I., Cacciola, J. S., Rutherford, M. R., O’Brien, C. P.,Koppenhaver, J. M., & Shepard, D. S. (1999). Continuing care for cocaine dependence: Comprehensive 2- year outcomes. Journal of Consulting and Clinical Psychology, 67, 420–427. McKay, J. R., Lynch, K. G., Shepard, D. S., Ratichek, S., Morrison, R., Koppenhaver, J. M., & Pettinati, H. M. (2004). The effectiveness of telephone-based continuing care in the clinical management of alcohol and cocaine use disorders:12 month outcomes. Journal of Consulting and Clinical Psychology, 72, 969–979. McKnight, J. (1995). The careless society: Community and its counterfeits. New York: Basic Books. National Institute on Drug Abuse (NIDA). (2022). National Institute of Health. Part 1: The Connection Between Substance Use Disorders and Mental Illness. https://nida.nih.gov/publications/research-reports/common-comorbidities-substance-use- disorders/part-1-connection-between-substance-use-disorders-mental-illness Pettinati HM, O’Brien CP, Dundon WD. Current Status of Co-Occurring Mood and Substance Use Disorders: A New Therapeutic Target. Am J Psychiatry. 2013;170(1):23-30. doi:10.1176/appi.ajp.2012.12010112. Ross S, Peselow E. Co-occurring psychotic and addictive disorders: neurobiology and diagnosis. Clin Neuropharmacol. 2012;35(5):235-243. doi:10.1097/WNF.0b013e318261e193. Santucci K. Psychiatric disease and drug abuse. Curr Opin Pediatr. 2012;24(2):233-237. doi:10.1097/MOP.0b013e3283504fbf. Torrens M, Gilchrist G, Domingo-Salvany A, psyCoBarcelona Group. Psychiatric comorbidity in illicit drug users: substance-induced versus independent disorders. Drug Alcohol Depend. 2011;113(2-3):147-156. doi:10.1016/j.drugalcdep.2010.07.013. United States Department of Health and Human Services. (2002). National survey on drug use and health (NSDUH): population data. Substance Abuse and Mental Health Services Administration. Page 647 of 886 United States National Institute of Justice. (2023). Recidivism. Office of justice programs. White, W. L. (2009). The mobilization of community resources to support long-term addiction recovery. Journal of Substance Abuse Treatment, 36:2, 146–158. https://doi.org/10.1016/j.jsat.2008.10.006. Wolitzky-Taylor K, Operskalski JT, Ries R, Craske MG, Roy-Byrne P. Understanding and treating comorbid anxiety disorders in substance users: review and future directions. J Addict Med. 2011;5(4):233-247. doi:10.1097/ADM.0b013e31823276d7. Page 648 of 886 Page 649 of 886 Page 650 of 886 Page 651 of 886 Page 652 of 886 Page 653 of 886 Page 654 of 886 Page 655 of 886 Page 656 of 886 Page 657 of 886 Page 658 of 886 Page 659 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigningE xcellence Civil Engineering • Planning • Permitting June 14, 2023 Collier County Growth Management Planning Division Attn: Mr. Timothy Finn, AICP 2800 N. Horseshoe Drive Naples, FL 34104 RE: Hope Home II CFPUD PL20220005096 (PUDZ) & PL20220005195 (GMPA) – 1st Review 1st Review Mr. Finn, The Hope Home II Community Facility PUD Rezone (CFPUDZ) totals ±4.47 acres and is located at 3150 62nd Street SW, parcel ID 38162400002. The intent of the Planned Unit Development Rezone is to request the allowance of Care Unit type Group Care facility consisting of 27 residents and 3 resident supervisors. The following items have been included for review and approval: 1.Cover Letter 2.Completed CFPUDZ Application with Statement of Utility Provisions 3.Narrative & Evaluation Criteria 4.Affidavit of Authorization (David Lawrence Mental Health Center Inc.) 5.Property Owner Disclosure Form 6.Covenant of Unified Control 7.Addressing Checklist 8.Warranty Deeds 9.Survey, signed and sealed 10.Environmental Data, including a FLUCCS Map w/Aerial 11.Utility Availability Letter 12.Traffic Impact Statement 13.PUD Exhibits A-F 14.Deviation Justifications If you have any questions, or would like any additional information, please feel free to contact me at 239.434.6060 or by email at Andrew@davidsonengineering.com. Sincerely, Andrew Rath, P.E. Project Manager /s/ Andrew Rath Page 660 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 1 of 11 Application for a Public Hearing for PUD Rezone, Amendment to PUD or PUD to PUD Rezone PETITION NO PROJECT NAME DATE PROCESSED PUD Rezone (PUDZ): LDC subsection 10.02.13 A.-F., Ch. 3 G. 1 of the Administrative Code Amendment to PUD (PUDA): LDC subsection 10.02.13 E. and Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone (PUDR): LDC subsection 10.02.13 A.-F. APPLICANT CONTACT INFORMATION Name of Property Owner(s): _________________________________________________________ Name of Applicant if different than owner: _____________________________________________ Address: _________________________City: _______________ State: _________ ZIP: ___________ Telephone: _______________________ Cell: ______________________ Fax: __________________ E-Mail Address: ____________________________________________________________________ Name of Agent: ____________________________________________________________________ Firm: _____________________________________________________________________________ Address: ____________________________City: _______________ State: _______ ZIP: __________ Telephone: ____________________ Cell: ____________________ Fax: _______________________ E-Mail Address: ____________________________________________________________________ Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. To be completed by staff David Lawrence Mental Health Center Inc. 6075 Bathey Lane Naples FL 34116 Richard D. Yovanovich, Esq. CYK Law Firm 4001 Tamiami Trail N Suite 300 Naples FL 34103 239-435-3535 ryovanovich@cyklawfirm.com Page 661 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 2 of 11 REZONE REQUEST This application is requesting a rezone from: _________________________ Zoning district(s) to the ________________________________ zoning district(s). Present Use of the Property: _________________________________________________________ Proposed Use (or range of uses) of the property: _________________________________________ Original PUD Name: ________________________________________________________________ Ordinance No.: ____________________________________________________________________ PROPERTY INFORMATION On a separate sheet attached to the application, provide a detailed legal description of the property covered by the application: •If the request involves changes to more than one zoning district, the applicant shall include a separate legal description for property involved in each district; •The applicant shall submit 4 copies of a recent survey (completed within the last six months, maximum 1" to 400' scale), if required to do so at the pre-application meeting; and •The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Size of Property: _______ ft. x _______ ft. = ________ Total Sq. Ft. Acres: _________ Address/ General Location of Subject Property: __________________________________________ __________________________________________________________________________________ PUD District (refer to LDC subsection 2.03.06 C): Commercial Residential Community Facilities Industrial Mixed Use Other: ________________ Estates CFPUD Group Care (6 People- 5 Residents and 1 Resident Supervisor) Group Care (30 People- 27 Residents and 3 Resident Supervisors) 29 49 26 7 58 38162400002 4.47 3150 62nd Street SW Naples, FL 34116 Page 662 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 3 of 11 ADJACENT ZONING AND LAND USE Zoning Land Use N S E W If the owner of the subject property owns contiguous property please provide a detailed legal description of the entire contiguous property on a separate sheet attached to the application. Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ Metes & Bounds Description: _________________________________________________________ ASSOCIATIONS Required: List all registered Home Owner Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner’s website at http://www.colliergov.net/Index.aspx?page=774. Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Name of Homeowner Association: _________________________________________________ Mailing Address: ____________________________ City: _________ State: ______ ZIP: ______ Estates Vacant Estates Canal/I-75 Estates Single Family Homes Estates ROW/I-75 Page 663 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 4 of 11 EVALUATION CRITERIA Pursuant to LDC subsections 10.02.13 B, 10.02.08 F and Chapter 3 G. of the Administrative Code, staff’s analysis and recommendation to the Planning Commission, and the Planning Commission’s recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria. On a separate sheet attached to the application, provide a narrative statement describing the rezone request with specific reference to the criteria below. Include any backup materials and documentation in support of the request. a.The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. b.Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at pu blic expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. c.Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) d.The internal and external compatibility of proposed uses, which c onditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e.The adequacy of usable open space areas in existence and as proposed to serve the development. f.The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g.The ability of the subject property and of surrounding areas to accommodate expansion. h.Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions; however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to asce rtain whether or not the request is affected by existing deed restrictions. Page 664 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 5 of 11 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 No if so please provide copies. PUBLIC NOTICE REQUIREMENTS This land use petition requires a Neighborhood Information Meeting (NIM), pursuant to Chapter 3 E. of the Administrative Code and LDC section 10.03.06. Following the NIM, the applicant will submit a written summary and any commitments that have been made at the meeting. Refer to Chapter 8 B. of the Administrative Code for the NIM procedural requirements. Chapter 8 of the Administrative Code requires that the applicant must remove their public hearing advertising sign(s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign(s) immediately. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at their expense shall record in the Public Records of Collier County a Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subject of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Memorandum or Notice shall be provided to the Collier County Planned Unit Development Monitoring staff within 15 days of recording of said Memorandum or Notice. LDC subsection 10.02.08 D This application will be considered “open” when the determination of “sufficiency” has been made and the application is assigned a petition processing number. The application will be considered “closed” when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed “closed” will not receive further processing and an applicati on “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. Page 665 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 6 of 11 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST APPLICANT CONTACT INFORMATION Name of Applicant(s): _______________________________________________________________ Address: _________________________________ City: ___________ State: ________ ZIP: _______ Telephone: ____________________ Cell: _____________________ Fax: ______________________ E-Mail Address: ____________________________________________________________________ Address of Subject Property (If available): ______________________________________________ City: _________________ State: ________ ZIP: _________ PROPERTY INFORMATION Section/Township/Range: / / Lot: Block: Subdivision: ___________________________________________________ Metes & Bounds Description: _________________________________________________________ Plat Book: Page #: Property I.D. Number: ____________________________________ TYPE OF SEWAGE DISPOSAL TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Package Treatment Plant (GPD Capacity): _________________________ e.Septic System TYPE OF WATER SERVICE TO BE PROVIDED Check applicable system: a.County Utility System b.City Utility System c.Franchised Utility System Provide Name: __________________________ d.Private System (Well) Total Population to be Served: ________________________________________________________ Peak and Average Daily Demands: A. Water-Peak: _________ Average Daily: __________ B. Sewer-Peak: _________ Average Daily: __________ If proposing to be connected to Collier County Regional Water System, please provide the date service is expected to be required: ____________________________________________________ David Lawrence Mental Health Center Inc. 6075 Bathey Lane Naples FL 34116 3150 62nd Street SW Naples FL 34116 29 49 26 38162400002 X X 30 6,279 GPD 4,830 GPD 10.4 GPM 3,450 GPD Page 666 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 7 of 11 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. __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 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. Project provides a potential area for a septic field installation, refer to Conceptual Plan 1. Acknowledged. Any off-site utility extensions shall be dedicated to Collier County Public Utilities. Any applicable development charges and connection fees will be paid to County Utilities Division prior to the issuance of building permits. Page 667 of 886 Page 668 of 886 Hope Home II CFPUD March 20, 2024 PUDZ-PL20220005096 EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE NORTH 150 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: A PORTION OF THE NORTH 150 FEET OF TRACT 30, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT OF GOLDEN GATE ESTATES, UNIT 30, AS RECORDED IN PLAT BOOK 7 AT PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 1,020.53 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'32" EAST, A DISTANCE OF 51.64 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 36 DEGREES 10'36" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 0 DEGREES 56'57", AN ARC DISTANCE OF 89.47 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 73.07 FEET TO THE POINT OF BEGINNING. PARCEL B: THE SOUTH 180 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 840.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'37" EAST, A DISTANCE OF 186.91 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 38 DEGREES 33'56" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 2 DEGREES 23'20", AN ARC DISTANCE OF 225.22 FEET; THENCE SOUTH 89 DEGREES 32'32" WEST A DISTANCE OF 51.64 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 180.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 194,775 SQUARE FEET OR 4.47 ACRES OF LAND. Page 669 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 9 of 11 Final Submittal Requirement Checklist for: PUD Rezone- Ch. 3 G. 1 of the Administrative Code Amendment to PUD- Ch. 3 G. 2 of the Administrative Code PUD to PUD Rezone- Ch. 3 G. 1 of the Administrative Code The following Submittal Requirement checklist is to be utilized during the Pre-Application Meeting and at time of application submittal. At final submittal, the checklist is to be completed and submitted with an up-to-date application. Please provide the submittal items in the exact order listed below, with cover sheets attached to each section. Incomplete submittals will not be accepted. A Model PUD Document is available online at http://www.colliercountyfl.gov/Home/ShowDocument?id=76983. REQUIREMENTS # OF COPIES REQUIRED NOT REQUIRED Cover Letter with Narrative Statement including a detailed description of why amendment is necessary 1 Completed Application with required attachments (download latest version) 1 Pre-application meeting notes 1 Affidavit of Authorization, signed and notarized 1 Property Ownership Disclosure Form 1 Notarized and completed Covenant of Unified Control 1 Completed Addressing Checklist 1 Warranty Deed(s) 1 List Identifying Owner and all parties of corporation 1 Signed and sealed Boundary Survey 1 Architectural Rendering of proposed structures 1 Current Aerial Photographs (available from Property Appraiser) with project boundary and, if vegetated, FLUCFCS Codes with legend included on aerial. 1 Statement of Utility Provisions 1 Environmental Data Requirements pursuant to LDC section 3.08.00 1 Environmental Data Requirements collated into a single Environmental Impact Statement (EIS) packet at time of public hearings. Coordinate with project planner at time of public hearings. Listed or Protected Species survey, less than 12 months old. Include copies of previous surveys. 1 Traffic Impact Study 1 Historical Survey 1 School Impact Analysis Application, if applicable 1 Electronic copy of all required documents 1 Completed Exhibits A-F (see below for additional information)+ List of requested deviations from the LDC with justification for each (this document is separate from Exhibit E) Checklist continues on next page X X X X X X X X X 1 X X X X X X 1 X 1 X Page 670 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 10 of 11 Revised Conceptual Master Site Plan 24” x 36”and One 8 ½” x 11” copy Original PUD document/ordinance, and Master Plan 24” x 36” – Only if Amending the PUD Revised PUD document with changes crossed thru & underlined 1 Copy of Official Interpretation and/or Zoning Verification 1 *If located in Immokalee or seeking affordable housing, include an additional set of each submittal requirement +The following exhibits are to be completed on a separate document and attached to the application packet: Exhibit A: List of Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan- See Chapter 3 E. 1. of the Administrative Code Exhibit D: Legal Description Exhibit E: List of Requested LDC Deviations and justification for each Exhibit F: List of Development Commitments If located in RFMU (Rural Fringe Mixed Use) Receiving Land Areas Pursuant to LDC subsection 2.03.08.A.2.a.2.(b.)i.c., the applicant must contact the Florida Forest Service at 239- 690-3500 for information regarding “Wildfire Mitigation & Prevention Plan.” PLANNERS – INDICATE IF THE PETITION NEEDS TO BE ROUTED TO THE FOLLOWING REVIEWERS: School District (Residential Components): Amy Lockheart Conservancy of SWFL: Nichole Johnson Utilities Engineering: Eric Fey Parks and Recreation: Barry Williams (Director) Emergency Management: Dan Summers Immokalee Water/Sewer District: City of Naples: Robin Singer, Planning Director Other: City of Naples Utilities Other: ASSOCIATED FEES FOR APPLICATION Pre-Application Meeting: $500.00 PUD Rezone: $10,000.00* plus $25.00 an acre or fraction of an acre PUD to PUD Rezone: $8,000.00* plus $25.00 an acre or fraction of an acre PUD Amendment: $6,000.00* plus $25.00 an acre or fraction of an acre Comprehensive Planning Consistency Review: $2,250.00 Environmental Data Requirements-EIS Packet (submittal determined at pre-application meeting): $2,500.00 Listed or Protected Species Review (when an EIS is not required): $1,000.00 Transportation Review Fees: o Methodology Review: $500.00 *Additional fees to be determined at Methodology Meeting. o Minor Study Review: $750.00 o Major Study Review $1,500.00 X X X X Fire Stormwater: Richard Orth Page 671 of 886 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX: (239) 252-6358 March 4, 2020 Page 11 of 11 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT www.colliercounty.gov Legal Advertising Fees: o CCPC: $1,125.00 o BCC: $500.00 School Concurrency Fee, if applicable: o Mitigation Fees, if application, to be determined by the School District in coordination with the County Fire Code Plans Review Fees are not listed, but are collected at the time of application submission and those fees are set forth by the Authority having jurisdiction. The Land Development Code requires Neighborhood Notification mailers for Applications headed to hearing, and this fee is collected prior to hearing. All checks payable to: Board of County Commissioners. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *Additional fee for the 5th and subsequent re-submittal will be accessed at 20% of the original fee. ___________________________________ _____________ Signature of Petitioner or Agent Date ___________________________________ Printed named of signing party Jessica Kluttz 03-20-2024 Page 672 of 886 Addressing Checklist (Rev 10/2022) Page 1 of 1 Operations & Regulatory Management Division ● 2800 North Horseshoe Drive ● Naples, FL 34104 ● 239-252-2400 www.colliercountyfl.gov ADDRESSING CHECKLIST Please complete the following and upload via the CityView Portal with your submittal. Items marked with (*) are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Additional documents may be attached to this form and can include: -* LOCATION MAP and/or SURVEY showing the proposed project boundary. -List of additional folio numbers and associated legal descriptions. - E-mail from Addressing Official for any pre-approved project and/or street names. LOCATION INFORMATION *FOLIO (Property ID) Number(s) of subject property or properties. [Attach list if necessary] *LEGAL DESCRIPTION of subject property or properties. [Attach list if necessary] STREET ADDRESS(ES) where applicable, if already assigned. PROJECT INFORMATION Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-Approval may be requested by contacting us at GMD_Addressing@colliercountyfl.gov or 239-252-2482 prior to your submittal. CURRENT PROJECT NAME PROPOSED PROJECT NAME PROPOSED STREET NAME(s) LATEST APPROVED PROJECT NUMBER [e.g., SDP-94-##, PPL-2002-AR-####, PL2017000####] 38162400002 See Attached 3150 62nd Street SW Naples, FL 34116 Page 673 of 886 Legal Description: GOLDEN GATE EST UNIT 30 THAT PORT TR 30 DESC AS: BEG AT NW CNR TR 30, SLY 76.98FT, SLY + SELY ALG ARC OF CUR 89.47FT, ELY 608 .36FT, NLY 150FT, WLY 660FT TO POB; AND GOLDEN GATE EST UNIT 30 THAT PORTION OF TR 30 DESC AS: COMM AT SE CNR TR 30, WLY 473.09FT, NWLY + NLY ALG ARC OF CURVE 225.22FT, ELY 608.36FT, SLY 180FT TO POB Page 674 of 886 Page 675 of 886 Folio Num be r : 38162400002 Nam e : DAVID LA WRENCE MENTA L HEA LTH Stre e t# & Nam e : 3150 62ND ST SW Build# / Unit#: 30 / 0 Le gal De s cr iption: GOLDEN GATE EST UNIT 30 THAT PORT TR 30 DESC A S: BEG AT NW CNR TR 30, SLY 76.98FT, SLY + SELY ALG A RC OF CUR 89.47FT, 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to prov iding the most accurate and up-to-date inf ormation, no warranties expressed or implied are prov ided f or the data herein, its use, or its interpretation. Page 676 of 886 Page 677 of 886 Page 678 of 886 Page 679 of 886 Page 680 of 886 8.468.628.658.929.019.08TELXXXX 42.4 '10.0'10.2 '37.0'37.0'10.2 '15.5'26.5'3.1'2.9'6.3'7.2'6.2 '20.2'11.6 '3.5'5.7 '3.5'30.3 '3.8'19.3'3.8'S89°40'50"E 660.00'(P)S89°31'56"W 659.77'(S)N00°19'10"E 330.00'(PS) N00°27'48"W 330.24'(S)N89°40'50"W 472.91'(C)N89°32'02"E 473.24'(S)N00°19'10"E 76.55'(C)N00°29'30"W 77.45'(S)C1C2N89°32'27"E 186.91'(D)N89°30'23"E 186.94'(S)S00°29'30"E 180.07'(S)S00°27'14"E 73.07'(D)S00°29'30"E 72.79'(S)N00°27'14"W 840.46'(D)N00°29'30"W 840.46'(S)POINT OF BEGINNINGPARCEL A LESS AND EXCEPT PARCELPOINT OF BEGINNINGPARCEL B LESS AND EXCEPT PARCEL26.9'297.1'270.4'228.0'48.5'312.4'S89°32'32"W 51.64'(D)S89°30'28"W 51.44'(S)N00°27'14"W 1020.53'(D)N00°29'30"W 1020.53'(S)CXX - CURVE TABLECURVEC1(D)C2(D)RADIUS5401.58'5401.58'DELTA00°56'57"02°23'20"LENGTH89.47'225.22'CHORDBEARINGL1LXX - LINE TABLELINEL1(D)BEARINGN89°32'32"EDISTANCE51.64'L1(S)N89°30'28"E51.68'C1(S)C2(S)5401.58'5401.58'89.13'225.02'89.13'225.01'N35°44'27"WN37°20'13"WPARCEL ATHE NORTH 150 FEET OF TRACT 30,GOLDEN GATE ESTATES UNIT NO. 30PARCEL BTHE SOUTH 180 FEET OF TRACT 30,GOLDEN GATE ESTATES UNIT NO. 30TRACT 46GOLDEN GATE ESTATES UNIT NO. 30TRACT 31GOLDEN GATE ESTATES UNIT NO. 30TRACT 29GOLDEN GATE ESTATES UNIT NO. 30TRACT 47GOLDEN GATE ESTATES UNIT NO. 3062ND STREET S.W.60' RIGHT OF WAY 3150 62ND STREET S.W.EXISTING ONE STORYSTRUCTURECONCRETEDRIVEGRAVELPARKINGASPHALTDRIVEGRAVELROADGRAVELROADEXISTING CANALPARCEL BLESS AND EXCEPT PARCELOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHU OHU OHU OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUPARCEL ALESS AND EXCEPT PARCELPLATTED 30'ROADWAY EASEMENT4.2' X 8.3'PUMP HOUSE11.8'N89°24'16"E 1134.36'(D)N89°22'12"E 1134.36'(S)SOUTH LINE OFSECTION 2929323031POINT OF COMMENCEMENTSOUTHWEST CORNER OF SECTION 29,TOWNSHIP 49 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA.PLATTED 30'ROADWAY EASEMENTFOUND 5/8" IRON PINNO I.D.FOUND 5/8" IRON PIN ANDCAP STAMPED DMW LS 4273FOUND 5/8" IRONPIN NO I.D.52.23'629.77'30.00'36.90' CLIENT: TITLE:FILE NO.:SHEET OFNO.REVISION DESCRIPTIONDATEBY COASTAL 28421 BONITA CROSSINGS BOULEVARD ENGINEERING CONSULTANTS INC. COASTAL AND MARINE ENGINEERING ENVIRONMENTAL AND GEOLOGICAL SERVICES LAND AND MARINE SURVEY AND MAPPING BONITA SPRINGS, FLORIDA 34135 PHONE: (239)643-2324 FAX: (239)643-1143 www.coastalengineering.com E-Mail: info@cecifl.com Serving Florida Since 1977 THIS DOCUMENT, AND THE CONCEPTS AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT OF SERVICE, IS INTENDED ONLY FOR THE SPECIFIC PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY COASTAL ENGINEERING CONSULTANTS, INC. (CECI) OR ITS SUBSIDIARIES SHALL BE WITHOUT LIABILITY TO CECI OR ITS SUBSIDIARIES.FLORIDA BUSINESS AUTHORIZATION NO. LB 2464COASTAL ENGINEERING CONSULTANTS, INC.DATE OF FIELD SURVEY: 05/17/23FLORIDA CERTIFICATE NO. 5295PROFESSIONAL SURVEYOR AND MAPPERTHE ORIGINAL RAISED SEAL OF A FLORIDANOT VALID WITHOUT THE SIGNATURE ANDLICENSED SURVEYOR AND MAPPERDATE OF SIGNATURE: RICHARD J. EWING, VPCHECKED: F.B. ACAD NO. PG. DRAWN: DATE: REF. NO. SCALE: SEC.TWP.RNG.22.21411BOUNDARY SURVEY DAVIDSON ENGINEERING 1" = 30' G688 46 26E49S 22.214 22.214 05/17/23 MMW RJE 29LEGAL DESCRIPTIONPARCEL A:THE NORTH 150 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TOTHE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA: LESS THE FOLLOWING:A PORTION OF THE NORTH 150 FEET OF TRACT 30, IN SECTION 29, TOWNSHIP 49 SOUTH,RANGE 26 EAST, ACCORDING TO THE PLAT OF GOLDEN GATE ESTATES, UNIT 30, ASRECORDED IN PLAT BOOK 7 AT PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAIDSECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, ADISTANCE OF 1,020.53 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES32'32" EAST, A DISTANCE OF 51.64 FEET, TO A POINT ON A CURVE CONCAVENORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 36 DEGREES 10'36"WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET,THROUGH AN ANGLE OF 0 DEGREES 56'57", AN ARC DISTANCE OF 89.47 FEET; THENCESOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 73.07 FEET TO THE POINT OF BEGINNING.GENERAL NOTES1. = FOUND 5/8" IRON PIN AS NOTED.2. = SET PK NAIL AND DISC STAMPED CEC LB 2464.3. = SET 5/8" IRON PIN AND CAP STAMPED CEC LB 2464.3. BEARINGS BASED ON A GRID BEARING OF S89°31'56"W ON THE NORTH LINE OF TRACT 30.4. DESCRIBED PROPERTY LIES IN FLOOD ZONE AH, ELEVATION 10.0 PER F.I.R.M. COMMUNITY PANEL NO. 120067 MAP NO. 12021C 0414H DATED MAY 16, 2012.5. ELEVATIONS SHOWN HEREON ARE RELATIVE TO NORTH AMERICAN VERTICAL DATUM 1988 (N.A.V.D. 88).6. ELEVATIONS AND DISTANCES SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.7. THIS SURVEY IS CERTIFIED TO THE DATE OF THE FIELD SURVEY, NOT THE DATE OF SIGNATURE.LEGEND(P) = PLAT DATA(S) = SURVEY DATA(D) = DESCRIPTION DATA(C) = CALCULATED DATA(TYP.) = TYPICALOHU = OVERHEAD UTILITY LINE = WOOD POWER POLE = TELEPHONE RISERSCALE: 1" = 30'306030150OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHULEGAL DESCRIPTION (CONT.)PARCEL B:THE SOUTH 180 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TOTHE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OFCOLLIER COUNTY, FLORIDA: LESS THE FOLLOWING:COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAIDSECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, ADISTANCE OF 840.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES32'37" EAST, A DISTANCE OF 186.91 FEET, TO A POINT ON A CURVE CONCAVENORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 38 DEGREES 33'56"WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET,THROUGH AN ANGLE OF 2 DEGREES 23'20", AN ARC DISTANCE OF 225.22 FEET; THENCESOUTH 89 DEGREES 32'32" WEST A DISTANCE OF 51.64 FEET; THENCE SOUTH 0 DEGREES27'14" EAST, A DISTANCE OF 180.07 FEET TO THE POINT OF BEGINNING.THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 194,775 SQUARE FEET OR 4.47ACRES OF LAND. OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TELPage 681 of 886 Page 682 of 886 Hope Home II CFPUD March 20, 2024 PUDZ-PL20220005096 EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE NORTH 150 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: A PORTION OF THE NORTH 150 FEET OF TRACT 30, IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, ACCORDING TO THE PLAT OF GOLDEN GATE ESTATES, UNIT 30, AS RECORDED IN PLAT BOOK 7 AT PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 1,020.53 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'32" EAST, A DISTANCE OF 51.64 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 36 DEGREES 10'36" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 0 DEGREES 56'57", AN ARC DISTANCE OF 89.47 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 73.07 FEET TO THE POINT OF BEGINNING. PARCEL B: THE SOUTH 180 FEET OF TRACT 30, GOLDEN GATE ESTATES UNIT NO. 30, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 7, PAGE 58, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: LESS THE FOLLOWING: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN NORTH 89 DEGREES 24'16" EAST, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 1,134.36 FEET; THENCE NORTH 0 DEGREES 27'14" WEST, A DISTANCE OF 840.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 32'37" EAST, A DISTANCE OF 186.91 FEET, TO A POINT ON A CURVE CONCAVE NORTHEASTERLY; THENCE FROM A TANGENT BEARING OF NORTH 38 DEGREES 33'56" WEST, RUN NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5401.58 FEET, THROUGH AN ANGLE OF 2 DEGREES 23'20", AN ARC DISTANCE OF 225.22 FEET; THENCE SOUTH 89 DEGREES 32'32" WEST A DISTANCE OF 51.64 FEET; THENCE SOUTH 0 DEGREES 27'14" EAST, A DISTANCE OF 180.07 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 194,775 SQUARE FEET OR 4.47 ACRES OF LAND. Page 683 of 886 DLC RECOVERY RESIDENCE Environmental Data for RZ & GMPA SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: September 2023 Collier County Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Page 684 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com EXHIBITS Figure 1 Location Map Figure 2 Aerial with FLUCCS Map Figure 3 Site Plan APPENDICES APPENDIX A Earth Tech Environmental Staff Qualifications APPENDIX B Protected Species Survey Page 685 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com INTRODUCTION The purpose of this document is to satisfy the Environmental Data requirements (LDC Section 3.08.00) for a Rezone (RZ) and a Growth Management Plan Amendment (GMPA) for the parcel referred to as DLC Recovery Residence (Subject Property). This information is in response to the items in the Rezone (RZ) & Companion GMPA Pre-Application Notes as provided by Collier County (see Appendix A). PROPERTY LOCATION The Subject Property for this report consists of a single parcel (Folio: 38162400002) located near the Golden Gate Parkway exit off Interstate 75 in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 4.47 acres. See Figure 1 below for a location map. Figure 1. Location Map 3 Page 686 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com ENVIRONMENTAL DATA CHECKLIST See page 3.E.3 of Collier County Pre-App Notes 1. Provide the EIS fee if PUD or CU. If applicable, see enclosed fee included with application. 2. WHO AND WHAT COMPANY PREPARED THE ENVIRONMENTAL DATA REPORT? Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. Please include revision dates on resubmittals. This report was prepared by Earth Tech Environmental LLC. See Appendix A for staff qualifications. 3. Identify on a current aerial, the location and acreage of all SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high-quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with high quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with State regulation. See Figure 2, Aerial with FLUCCS Map and vegetation descriptions below. No wetland impacts are being proposed. 4 Page 687 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com Figure 2. Aerial FLUCCS Map FLUCCS 110 Residential This community is located in the northern portion of the Subject Property and consists of a residential building with accompanying driveway and maintained grounds. FLUCCS 411-E1, Pine Flatwoods (<25% Exotics) This community is located throughout the southwestern and northeastern portions of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid-story consists of *earleaf acacia, and *Brazilian pepper (Schinus tereninthifolia). Ground cover consists of saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), American beautyberry (Callicarpa americana), and *Moses-in-the-cradle (Tradescantia spathacea). Vines are present throughout the property in relatively low densities and include grapevine (Vitus rotundifolia). FLUCCS 624-E1, Cypress – Pine – Cabbage Palm (<25% Exotics) The community is located in the southeast corner of the Subject Property. The canopy consists of slash pine, cabbage palm, and bald cypress (Taxodium distichum), and laurel oak (Quercus laurifolia). Mid-story consists of sparse *Brazilian pepper. Ground cover consists of swamp fern (Telmatoblechnum serrulatum). Vines are present throughout the property in relatively low densities and include grapevine. 5 Page 688 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com 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. No wetland impacts are being proposed. 5. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. The project will be permitted through the SFWMD as needed once the RZ and GMPA are approved. The specifics of the water management system will be determined at that time. 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 FLU CFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. See Master Plan. 7. Provide a wildlife survey for the nests of bald eagles 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. A Protected Species Survey was conducted in April 2023. See Appendix B for Protected Species Survey. 8. Provide a survey for listed plants identified in 3.04.03. See Protected Species Survey in Appendix B. 9. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLU CFCS 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. 6 Page 689 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com No bald eagles’ nest has been documented from FWC nor observed during the Protected Species Survey. Species specific management plans, if needed, will be provided during permitting. See Protected Species Survey in Appendix B. 10. For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25-year rezone limitation pursuant to section I 0.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10-year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. A residential structure and associated driveway exist on the Subject Property. The home was constructed in 1980 under building permit No. 80-2362 and altered/remodeled under permit No. PRBD20200104415701 in 2020. 11. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and provide a legend for each of the FLU CFCS 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 flow ways or other natural land features, located on abutting properties. See Figure 2 above. Total acres: 4.47 acres 4.47 acres – 1.22 ac of residential = 3.25 acres Existing Native Vegetation Present (Based on FLUCCS) = 3.25 acres Preserve Required = 3.25 acres x 10% = 0.325 acres Proposed Preserve Provided = 0.334 acres The proposed preserve is 0.334 acres. The preserve was selected in the southeast portion of the Subject Property due to being a wetland community and has offsite continuity to off-site wetlands to the south. 7 Page 690 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com Figure 3. Site Plan 12. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. See Master Plan. 13. Where off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in section 3 .05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off-site parcel(s) if off-site donation of land is to occur. Not applicable – preserve will be on site. 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. ETE is not aware of any additional environmental audits. 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 8 Page 691 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone, about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment when the contaminants are over these levels. If this analysis has been done as pa1i of an Environmental Audit, then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. Not applicable. 16. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. Not applicable. 17. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. Not applicable. 18. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January l 3, 2005. Not applicable. 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. Not applicable. 9 Page 692 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com 20. Demonstrate that the design of the proposed storm water management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. The project will be permitted through the SFWMD as needed once the RZ and GMPA are approved. The specifics of the water management system will be determined at that time. 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. Not applicable. 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. Not applicable. 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. Not applicable. 24. The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. (LDC 10.02.02.A.3 f) The following to be determined at preapplication meeting: (Choose those that apply) a. Provide overall description of project with respect to environmental and water management issues. See Master Plan. b. Explain how the project is consistent with each of the applicable objectives and policies in the CCME of the GMP. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements… 10 Page 693 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com The required preserve area is 10% of existing native vegetation (see response #11 above), which will be designated in the southeast portion of the property. See Figure 3 above for proposed preserve location. Preserve location was selected in the southeast portion of the property and based on vegetation continuity with the property directly to the south to allow an increased corridor area for wildlife and wetland preservation. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY’S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats… A listed species survey was conducted on the Subject Property in April 2023, with no listed species identified on the property. The property is currently moderately invaded with melaleuca and other exotics providing poor habitat for any (listed) species. The property is largely isolated and surrounded by development, minimizing the chances of utilization by listed species. During the Listed Species Survey conducted in April 2023, no listed species (and minimal species, in general) were observed on the property. Four (4) tree cavities were observed (likely woodpecker). Additionally, the selected placement of the proposed preserve will provide habitat continuity with the property to the south. See Appendix B for the Protected Species Survey and Comment 6 above. c. Explain how the project meets or exceeds the native vegetation preservation requirement in the CCME and LDC. See #24b above. d. Indicate wetlands to be impacted and the effects of the impact to their functions and how the project's design compensates for wetland impacts. No direct wetland impacts are proposed. e. Indicate how the project design minimizes impacts to listed species. Describe the measures that are proposed as mitigation for impacts to listed species. The highest quality wetlands will be preserved. A protected species survey and a pre- clearing survey will be conducted to minimize wildlife impacts. 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. See this report and attached appendices. 11 Page 694 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com 26. Is EAC Review (by CCPC) required? Not applicable. 27. PUD master plan or PPL/SDP site plan notes: See Master Plan. 28. Additional Comments None. 29. Stipulations for approval (Conditions) None. 12 Page 695 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com ENVIRONMENTAL CHECKLIST- STRAIGHT REZONE (NON-RFMU) See page 3.A.7 of Collier County Pre-App Notes 1. Is the project in compliance with the overlays, districts and/or zoning on the subject site and/or the surrounding properties? (CON, ST, PUD, RLSA, RFMU, etc.) (LDC 2.03.05-2.03.08; 4.08.00) Not in CV Library The proposal is for an RZ and GMPA to allow for recovery residence. 2. Submit a current aerial photograph 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 See # 3 and Figure 2 above. 3. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LDC 3.05.07.H.1). Preserve Label- P546 See #11 above, Figure 3, and see Master Plan. 4. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off-site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3.05.07.F; 3.05.07.H.1.d-e). Preserve Calculation – P547 See #11 above. 5. Created and retained preserve areas shall meet the minimum width requirements per LDC 3.05.07.H.1.b. Preserve Width – P603 See Master Plan. The proposed preserve is a minimum of 20’ wide as required by the LDC. 6. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.1-4). Preserve Selection – P550 The habitat type on the property is consistent throughout outside of the developed and maintained area, transitioning from uplands to wetlands. The preserve was selected in the southeast portion to encompass the wetland community on the site and has offsite continuity to off-site wetlands to the south and east. 13 Page 696 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com 7. Principle structures shall be located a minimum of 25’ from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10’ of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e., stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifying all site alterations within 25’. (LDC 3.05.07.H.3; 6.01.02.C.) Preserve Setback - New Appropriate buffers have been acknowledged. See Master Plan. 8. Wildlife survey required for sites where an EIS is not required, when so warranted. (LDC 10.02.02.A.2.f) Listed Species – P522 A wildlife survey has been conducted in April 2023. Please see Appendix B. 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 – P522 See #2 above, and Earth Tech Environmental Staff Qualifications document in Appendix A. 10.PUD Document and Master Plan shall state the minimum acreage required to be preserved. (LDC 10.02.13.A.2) Master Plan Contents-P626 See Master Plan. 11.If the PUD includes a Preserve Tract section When listing preserve uses, the following is suggested: A.Principal Use: Preserve; B. Accessory Uses: All other uses (list as applicable or refer to the LDC - see 1-3 below as typical uses listed by agents) (ensure the text states "subject to LDC section related to Allowable uses within County required preserves" Acknowledged. 12.PUD Document shall identify any listed species found on site and/or describe any unique vegetative features that will be preserved on the site. (LDC 10.02.13.A.2.) Unique Features- P628 Example: A management plan for the entire project shall be submitted in accordance with the requirements and procedures of the LDC for listed species including but not limited to Black Bear, Gopher Tortoise and listed birds. The management plan shall be submitted prior to development of the first phase of the project. Not applicable – no listed species observed on the property. 14 Page 697 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com 13.Review cross-sections if provided; they are not required with the PUD. However, sometimes they are provided. Is there any fill proposed in the preserve? Cross sections will be provided in future applications as part of engineering submittals. CCME GOAL 6: TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. OBJECTIVE 6.1: Protect native vegetative communities through the application of minimum preservation requirements… See #24b above. CCME GOAL 7: TO PROTECT AND CONSERVE THE COUNTY’S FISHERIES AND WILDLIFE. OBJECTIVE 7.1: Direct incompatible land uses are directed away from listed species and their habitats… A listed species survey was conducted on the Subject Property in April 2023, with no listed species identified on the property. See #24b above. 15 Page 698 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com APPENDIX A Earth Tech Environmental Staff Qualifications Page 699 of 886 Mr. McAuley joined Earth Tech Environmental, LLC (ETE) in 2017 and brings with him 8 years of experience working as a Hydrogeologist II and Environmental Consultant in New York State prior to moving to Florida. Andrew graduated from Hofstra University with a Bachelor of Science Degree in Geology. Since joining ETE he has been able to apply his past experience from New York on a variety of projects as well as become extensively familiar with Ecological based assessments and agency regulations. Relevant Experience Andrew’s extensive background includes Phase I Environmental Site Assessments (ESAs), Phase II ESAs, Phase III remedial oversight, AST/UST removal, Soil/Groundwater/Indoor Air Quality sampling reporting, Mold/Lead/Asbestos sampling and remedial protocol reporting. In New York Andrew has overseen various projects including Brownfields sites, Landfill Gas Extraction System installation, Monitoring Well/Remediation System Installation/Maintenance, and multiple Chemical/Petroleum/Bio-Hazard Waste Cleanup projects. Since joining ETE Andrew has expanded his experience into Ecological Assessments such as Protected Species Surveys, Wetland Determinations, Vegetation/Hydrology Monitoring, Submerged Resource Surveys, and Environmental Resource Permitting. Andrew’s work experience includes: Phase I ESAs Project Management/Coordination Phase II ESA Sampling/Reporting Wetland Jurisdictional Determinations Phase III Remedial Oversight/Reporting Wetland Mapping/Flagging Chemical/Petroleum/Bio-Hazard Cleanup Vegetation Monitoring Monitoring Well Installation/Maintenance Protected Species Surveys Air-Sparge/Soil Vapor Extraction Systems Bonneted Bat Surveys Groundwater Assessments Gopher Tortoise Surveys Indoor Air Quality Assessments GIS Mapping Contaminated Soil Assessments Bald Eagle Monitoring Waste Classification Management Ecological Assessments Turbidity Monitoring Environmental Resource Permitting Mold/Lead/Asbestos Assessments Exotic Plant Treatment/Removal AST/UST Removal Submerged Resource Surveys Mangrove Monitoring Seagrass Surveys Relevant Certifications/Credentials SDI Open Water SCUBA Diver, SCUBAdventures, 2018 Nitrox Certified Diver, SCUBAdventures, 2018 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: GTA-19-00093) ANDREW MCAULEY Senior Environmental Consultant e: andrewm@eteflorida.com t: 239.304.0030 m: 516.647.9699 Years’ Experience 12 years Education/Training B.S. Geology Hofstra University (2006) Lamont-Doherty Earth Observatory Intern Columbia University (2004) Professional Affiliations Florida Association of Environmental Professionals (FAEP) Page 700 of 886 Mr. Goulding joined Earth Tech Environmental LLC (ETE) in April 2019 and holds the position of Environmental Consultant. He graduated from Virginia Tech with a Bachelor of Science degree in Natural Resource Conservation. Relevant Experience Conor’s familiarity with southwest Florida ecosystems encompasses estuarine and marine ecosystems. Before ETE, Conor worked at Mote Marine Laboratory as the in-house photographer, who maintained the research institutes photo archives and produced photos for marketing and research purposes. He also assisted in projects such as snook tagging, spotted eagle ray tagging, and whale shark identification photography. Conor was originally hired at ETE as a GIS Technician, where he created various exhibits, including tracking maps, FLUCCS maps, and site plans. Since joining ETE, Conor has gained valuable experience in a multitude of fields in both terrestrial and marine ecosystems, which includes protected species surveys, ecological assessments, wetland determinations and delineations, vegetation monitoring, bald eagle monitoring, crested caracara surveying, environmental resource permitting, artificial reef fish monitoring, submerged resource surveys, and turbidity monitoring. Conor has also become a certified drone pilot to conduct vegetation monitoring, bird rookery monitoring, and time-lapses for site development. Conor has also become an Authorized Gopher Tortoise Agent in the designated activities of gopher tortoise surveying, gopher tortoise capture, and transportation of gopher tortoises. Conor’s work experience includes: Protected Species Surveys Shorebird Monitoring Artificial Reef Fish Monitoring Submerged Resource Surveys Site and Aerial Photography Seagrass Surveys Mangrove Monitoring Artificial Reef Deployments Seagrass Monitoring Drone Mapping and Photography Preserve Monitoring Wetland Determinations Georeferencing Imagery Native Tree Surveys / Inventories GIS / GPS Mapping and Exhibits Urban Forest Mapping Vegetation & Habitat Monitoring Turbidity Monitoring Crested Caracara Surveying Bald Eagle Monitoring Gopher Tortoise Surveys Gopher Tortoise Permitting Relevant Certifications/Credentials SSI Advanced/ Rescue Diver, SCUBAdventures, 2014 Nitrox Certified Diver, SCUBAdventures, 2014 Remote Pilot – Small Unmanned Aircraft System Certification, FAA, 2020 BoatU.S. Foundation’s Online Boating Safety Course, 2021 Florida Fish and Wildlife Conservation Commission Authorized Gopher Tortoise Agent (Permit No: 22-00058) CONOR GOULDING Environmental Consultant e: conorg@eteflorida.com t: 239.304.0030 m: 239.331.0168 Years’ Experience 4 years Education/Training B.S. Natural Resource Conservation Virginia Tech (2014) Software Experience ArcGIS Adobe Lightroom Adobe Photoshop Adobe InDesign Geo Tremble 7x Professional Affiliations Florida Association of Environmental Professionals (FAEP) Page 701 of 886 Environmental Data for RZ & GMPA Earth Tech Environmental, LLC www.eteflorida.com APPENDIX B Protected Species Survey Page 702 of 886 DLC RECOVERY RESIDENCE PROTECTED SPECIES SURVEY SECTION 29, TOWNSHIP 49, RANGE 26 EAST COLLIER COUNTY, FLORIDA Prepared For: Prepared By: April 2023 Davidson Engineering 4365 Radio Road #201 Naples, FL 34104 Earth Tech Environmental, LLC 10600 Jolea Avenue Bonita Springs, FL 34135 239.304.0030 www.eteflorida.com Page 703 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................................................................... 3 2.0 LOCATION ................................................................................................................................................ 3 3.0 SPECIES SURVEY MATERIALS & METHODS ............................................................................................. 3 4.0 EXISTING SITE CONDITIONS .................................................................................................................... 4 5.0 RESULTS................................................................................................................................................... 9 6.0 REFERENCES .......................................................................................................................................... 16 EXHIBITS Figure 1 Site Location Map Figure 2 Aerial Map Figure 3 FLUCCS Map with Aerial Figure 4 FLUCCS Map Figure 5 Transect & Field Results Map Figure 6 Bald Eagle Information Figure 7 Florida Bonneted Bat Consultation Area Figure 8 Florida Panther Information Figure 9 Florida Black Bear Information Figure 10 Wood Stork Information Page 704 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 1.0 INTRODUCTION Earth Tech Environmental (ETE) conducted a Protected Species Survey (PSS) to search for listed species on the property referred to as DLC Recovery Residence (Subject Property). This assessment was conducted by ETE ecologists on April 27th, 2023. The purpose of this assessment was to evaluate the Subject Property for the potential presence of listed species of concern based on the determined Florida Land Use Cover and Forms Classification System (FLUCCS) vegetation. ETE warrants that the findings contained in this report have been prepared in general conformance with current professional practices at the time of report preparation and have not been verified by regulatory agencies. Future changes in standards, practices, or regulations cannot be anticipated and have not been addressed. The observations and recommendations presented in this report are time-dependent and the findings presented in this report apply solely to site conditions existing at the time when the assessment was performed. 2.0 LOCATION The Subject Property for this report consists of one parcel (Folio: 38162400002) located near the Golden Gate Parkway exit off Interstate 75 in Collier County, Florida. According to the Collier County Property Appraiser GIS data, the Subject Property totals approximately 4.47 acres. See Figure 1 below for a location map. Figure 1. Site Location Map 3.0 SPECIES SURVEY MATERIALS & METHODS The species survey was conducted using a methodology similar to that discussed in the Florida Fish & Wildlife Conservation Commission (FWC) publication “Ecology and Habitat Protection Needs of Gopher 3 Page 705 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-scale Development in Florida.” This methodology is as follows: Existing vegetation communities or land-uses on the Subject Property are delineated on a recent aerial photograph (Collier County 2023) using the Florida Land Use, Cover and Forms Classification System (FLUCCS). FLUCCS mapping for this property is detailed below in Figures 3-4. The resulting FLUCCS codes are cross-referenced with a list of protected plant and animal species. The lists were obtained from two agency publications: “Florida’s Endangered Species, Threatened Species & Species of Special Concern-Official Lists”, December 2022. “Notes on Florida’s Endangered and Threatened Plants”, Bureau of Entomology, Nematology and Plant Pathology, Florida Department of Agriculture and Consumer Services, 2010. The result is a composite table that contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See Table 3 of this report for the species list that applies to the FLUCCS communities associated with the Subject Property. In the field, each FLUCCS community was searched for listed species or signs of listed species. This was accomplished by walking a series of pedestrian transects through the Subject Property to achieve approximately 80% coverage. Signs or sightings of all listed and non-listed species were then recorded. Based on the habitat types found on the Subject Property (see Table 2), particular attention was paid to the presence or absence of gopher tortoise, Big Cypress fox squirrel and Florida bonneted bat cavities. If a potentially occupied burrow, nest, or tree cavity was observed, it was flagged, numbered, and marked with GPS coordinates. Florida black bear and Florida panther were also considered. Approximately one and a half (1.5) hours were logged on the Subject Property in total during this species survey (see Table 1). 4.0 EXISTING SITE CONDITIONS Temperatures during the fieldwork for this survey were in the mid 80’s with partly cloudy skies. A portion of the Subject Property is developed with a residential structure and associated driveway. Upland communities are present in the southwestern and northeastern portions of the property, and a wetland community is present in the southeastern corner. Exotic vegetation was observed in all of the communities identified on the Subject Property. The properties to the north and south are undeveloped, residential homes to the east, and a canal along Interstate-75 to the west. See Figure 2 below for an Aerial Map. TABLE 1. FIELD TIME SPENT ON THE SUBJECT PROPERTY Date Start Time End Time No. Ecologists Man Hours Task April 27, 2023 9:30am 11:00am 1 1.5 Protected Species Survey 4 Page 706 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com The Subject Property has the following surrounding land uses: North Undeveloped East Rural Residential South Undeveloped/Canal West Canal/ Interstate 75 Figure 2. Aerial Map Listed below are the FLUCCS communities identified on the site. The community descriptions correspond to the mappings on the FLUCCS maps below (Figures 3 & 4). See Florida Land Use, Cover and Forms Classification System (Department of Transportation, Surveying & Mapping Geographic Mapping Section, 1999) for definitions. The Florida Invasive Species Council’s (FISC) list of invasive species contains Category I and Category II species that may be found on the Subject Property. Category I species are invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives (FISC). Category II species are invasive exotics that are increasing in abundance or frequency but have not yet altered Florida plant communities (FISC). A significant factor in mapping vegetative associations and local habitats is the invasion of these species such as Brazilian pepper, ear leaf acacia, melaleuca, Caesarweed, and air potato. Levels of exotic density were mapped using field observations and photo interpretation as shown in Figure 3. Modifiers, or “E” designators, are appended to the FLUCCS codes to indicate the approximate density of exotics in the canopy and/or sub- canopy. 5 Page 707 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com The following table is a summary of FLUCCS communities and corresponding acreages: TABLE 2. FLUCCS COMMUNITIES AND CORRESPONDING ACREAGES FLUCCS CODE DESCRIPTION ACREAGE 110 Residential – Low Density 1.22 411-E1 Pine Flatwoods (<25% Exotics) 2.09 624-E1 Cypress – Pine – Cabbage Palm (<25% Exotics) 1.16 Site Total: 4.47 Figure 3. FLUCCS Map with Aerial 6 Page 708 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 4. FLUCCS Map * = Exotic vegetation species FLUCCS 110, Residential – Low Density This community is located in the northern portion of the Subject Property and consists of a residential building with accompanying driveway and maintained grounds. According to the Collier County Property Appraisers website the building permit (Permit # 80-2362) was issued in 1980 and the Certificate of Occupancy (CO) date was September 25, 1980. FLUCCS 411-E1, Pine Flatwoods (<25% Exotics) This community is found throughout the southwestern and northeastern portions of the Subject Property. The canopy consists of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and *earleaf acacia (Acacia auriculiformis). Mid-story consists of *earleaf acacia, and *Brazilian pepper (Schinus terebinthifolia). Ground cover consists of saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), American beautyberry (Callicarpa americana), and *Moses-in-the-cradle (Tradescantia spathacea). Vines are present throughout the property in relatively low densities and include grapevine (Vitus rotundifolia). FLUCCS 624-E1, Cypress – Pine – Cabbage Palm (<25% Exotics) This community is found in the southeast corner of the Subject Property. The canopy consists of slash pine, cabbage palm, bald cypress (Taxodium distichum), and laurel oak (Quercus laurifolia). Mid-story consists of sparse *Brazilian pepper. Ground cover consists of swamp fern (Telmatoblechnum serrulatum). Vines are present throughout the property in relatively low densities and include grapevine. 7 Page 709 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE 3. PROTECTED SPECIES LIST ACCORDING TO FLUCCS COMMUNITY FLUCCS CODE POTENTIAL LISTED SPECIES SCIENTIFIC NAME DESIGNATED STATUS FWC or FDA FWS 110 None - - - 411 Bald Eagle Haliaeetus leucocephalus SSC SSC Beautiful False Pawpaw Asimina pulchella E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Bonneted Bat Eumops floridanus E E Florida Coontie Zamia spp. (all native species) C - Florida Panther Felis concolor coryi E E Florida Pine Snake Pituophis melanoleucus mugitus T - Gopher Tortoise Gopherus polyphemus T - Red-Cockaded Woodpecker Picoides borealis E E Satinleaf Chrysophyllum oliviforme T - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexuosa T - 624 American Alligator Alligator mississippiensis SSC T(S/A) Big Cypress Fox Squirrel Sciurus niger avicennia T - Everglades Mink Neovison vison evergladensis T - Florida Bonneted Bat Eumops floridanus E E Florida Panther Felis concolor coryi E E Little Blue Heron Egretta caerulea T - Tricolored Heron Egretta tricolor T - Wood Stork Mycteria americana T T Abbreviations Agencies: Status: FDACS = Florida Department of Agriculture and Consumer Services CE = Commercially Exploited FWC = Florida Fish & Wildlife Conservation Commission E = Endangered FWS = United States Fish and Wildlife Service SSC = Species of Special Concern T = Threatened T(S/A) = Threatened/Similarity of Appearance MBTA = Protected under the Migratory Bird Treaty Act 8 Page 710 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 5.0 RESULTS All relevant species observed on the Subject Property are detailed in Table 4 and any protected species observed are specifically noted. See Figure 5 for field results. Figure 5. Transect Map & Field Results 9 Page 711 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com TABLE 4. SPECIES OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SCIENTIFIC NAME OBSERVATIONS LISTED SPECIES? STATUS BIRDS Red-bellied Woodpecker Melanerpes carolinus DV N MBTA REPTILES Brown anole Anolis sagrei DV N - MAMMALS Nine-banded armadillo Dasypus novemcinctus OH N - PLANTS Common Wild Pine Tillandsia fasciculata DV Y ST = protected species Abbreviations Observations: Observations: Status: C = Cavity N = Nest CE = Commercially Exploited DB = Day Bed OH = Observed Hole/Burrow FE = Federally Endangered DV = Direct Visual OT = Observed Tracks FT = Federally Threatened HV = Heard Vocalization(s) R = Remains SSC = Species of Special Concern MT = Marked Tree S = Scat ST = State Threatened MBTA = Protected under Migratory Bird Treaty Act Below are discussions of each listed species observed on the Subject Property: Common Wild Pine (Tillandsia fasciculata) Common wild pine were observed on the Subject Property. Plants that fit within the criteria of the LDC Section 03.04.03, where the individual plants are within eight (8) feet of the ground, will be relocated to on-site (or off-site) preserves. When available, only two (2) plants per species per acre of plants listed as less rare are required to be relocated, with up to a maximum of ten (10) plants per species per preserve. Four (4) cavities were noted during the assessment, each cavity was observed for a few minutes and each cavity was utilized/occupied by a red-bellied woodpecker. The Subject Property does have community types in which protected species could reside. During permitting, the following protected species concerns may be raised by the agencies: 10 Page 712 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 6. Bald Eagle Information Bald Eagle (Haliaeetus leucocephalus) No Florida Fish & Wildlife Conservation Commission (FWC)-documented bald eagle nests have been documented within 660-feet (USFWS Protection Zone) of the Subject Property and no nests were observed on the site (see Figure 6). Technical assistance with the United States Fish & Wildlife Service (USFWS) will likely not be necessary for bald eagle. 11 Page 713 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 7. Florida Bonneted Bat Consultation Area Florida Bonneted Bat (Eumops floridanus) The Subject Property falls within the USFWS’s Consultation Area for the Florida bonneted bat (see Figure 7). During the species survey, four (4) tree cavities were observed on the Subject Property. Red-bellied woodpeckers were observed utilizing these cavities and no evidence of Florida bonneted bat (i.e., guano, vocalizations, etc.) were observed. Considering the cavities were occupied/utilized by red-bellied woodpeckers, technical assistance with USFWS will likely not be required for Florida bonneted bat. 12 Page 714 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 8. Florida Panther Information Florida Panther (Felis concolor coryi) The Subject Property does not fall within any USFWS Panther Habitat Zones and Consultation Area. Twelve (12) telemetry points from tracked panthers have been documented within a two-mile radius of the Subject Property (see Figure 8). The habitat is not suitable for panther utilization as it is small, fragmented and surrounded by roadways and development. Technical assistance with USFWS will likely not be required for Florida panther. 13 Page 715 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 9. Florida Black Bear Information Florida Black Bear (Ursus americanus floridanus) The Subject Property falls within abundant black bear habitat (FWC). Twenty-one (21) black bear-related calls have been documented within a one-mile radius of the Subject Property (see Figure 9). FWC stopped radio-tracking black bear in 2018. Black bear presence isn’t likely due to the site being small, isolated and surrounded by roadways and development; as such, the County likely will not require conservation measures for Florida black bear. 14 Page 716 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com Figure 10. Wood Stork Information Wood Stork (Mycteria americana) The Subject Property does fall within the core foraging area (estimated at 18.6 miles) of one (1) known wood stork colony in Collier County (see Figure 8). The Subject Property does not contain suitable habitat for wood stork nesting, and unlikely habitat for foraging. Technical assistance with USFWS will likely not be required for impacts to wood stork. 15 Page 717 of 886 Protected Species Survey Earth Tech Environmental, LLC www.eteflorida.com 6.0 REFERENCES Ashton, Ray E. and Patricia S. “The Natural History and Management for the Gopher Tortoise.” Krieger Publishing Company. Malabar, Florida. 2008. Atlas of Florida Plants. Institute for Systematic Botany. Accessed March 2023. https://florida.plantatlas.usf.edu/ Collier County Property Appraiser. Accessed March 2023. http://www.collierappraiser.com Cox, James; Inkley, Douglas; and Kautz, Randy. “Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations Found on Lands Slated for Large-Scale Development in Florida.” Nongame Wildlife Program Technical Report No. 4. December 1987. http://www.fwspubs.org/doi/suppl/10.3996/062015-JFWM-055/suppl_file/062015-jfwm- 055.s2.pdf?code=ufws-site “Florida’s Endangered and Threatened Species”- Official List. Florida Fish and Wildlife Conservation Commission. Updated December 2022. https://myfwc.com/media/1945/threatened-endangered-species.pdf http://myfwc.com/imperiledspecies/ Florida Invasive Species Council. “2019 FISC List of Invasive Plant Species.” http://floridainvasivespecies.org/plantlist.cfm Florida Land Use, Cover and Forms Classification (FLUCCS) Handbook. Florida Department of Transportation. January 1999. http://www.fdot.gov/geospatial/documentsandpubs/fluccmanual1999.pdf http://www.fdot.gov/geospatial/doc_pubs.shtm Weaver, Richard E. and Anderson, Patti J. “Notes on Florida’s Endangered and Threatened Plants.” Bureau of Entomology, Nematology and Plant Pathology – Botany Section. Contribution No. 38, 5th Edition. 2010. http://freshfromflorida.s3.amazonaws.com/fl-endangered-plants.pdf http://www.freshfromflorida.com/Divisions-Offices/Plant-Industry/Bureaus-and-Services/Bureau-of- Entomology-Nematology-Plant-Pathology/Botany/Florida-s-Endangered-Plants 16 Page 718 of 886 TRACT 29GOLDEN GATE ESTATES, UNIT 30TRACT 46GOLDEN GATE ESTATES, UNIT 30TRACT 47GOLDEN GATE ESTATES, UNIT 30TRACT 31GOLDEN GATE ESTATES, UNIT 30EXISTINGCANAL ESTATES ZONINGSTATE OWNED VACANT PROPERTY ESTATES ZONINGSINGLE FAMILY HOME ESTATES ZONINGVACANT ESTATES ZONINGRIGHT-OF-WAY62ND ST SW EXISTING BUILDING TO REMAINFUTUREBUILDINGAREACONCEPTUALPRESERVEFUTUREBUILDINGAREASHEET NO:4365 Radio Road, Suite 201Naples, Florida 34104P: 239.434.6060Company Cert. of AuthorizationNo. 00009496REVISIONSDATE:REV.DESCRIPTION1"= 110'SCALE:NHOPE HOME II CFPUDMASTER PLANSITE / LAND USEPUD DEVIATIONSLEGENDPage 719 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Narrative and Evaluation Criteria for PUDA and GMPA DLC Hope Home II PL20220005096 (PUDZ) & PL20220005195 (GMPA) – 1st Review The intent of this PUD Rezone and GMPA request is to allow for the expansion of an existing Group Home use located at 3150 62nd Street SW, parcel ID 38162400002. This Group Home would be categorized as a Care Unit per the LDC and is a Certified Recovery Residence, thus there is no treatment for substance abuse on site and senior residents provide supervision to the property. All treatment is only to be provided on the David Lawrence Center Main Campus located at 6075 Bathey Ln, Naples, FL 34116. The following document is a narrative of the concurrent applications and how they are consistent with the standards for approval, LDC sections 10.02.13 B and 10.02.08 F, as well as the Growth Management Plan. LDC 10.02.13. B PUD Rezone 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 location of this site is compatible with the proposed small scale group home use as it is a secluded area where residents can focus on healing in a safe, protected environment. It is not in the center of a neighborhood, abutting the northbound on-ramp of I-75 to the west and a state owned canal to the south. Due to this proximity to I-75, the properties to the West and South cannot be developed. The subject site has convenient but not direct access to Golden Gate Parkway, where on the north side of this roadway are additional mental health care facilities compatible in use to the proposed group home this CFPUD would permit. Sufficient drainage and utilities are available per included letter of availability to support the proposed group home as seen on the provided conceptual site plan. At the time of application for Site Development Plan (SDP) approval, as the case may be, offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Measures are also taken to buffer abutting parcels from this use through setbacks and landscaping which will conform to the restrictive standards of the Estates zoning district as well as the standards applied to care unit Page 720 of 886 group housing facilities within the LDC. A wall shall be erected as required by the Land Development Code to ensure that the use is self-contained and will not cause nuisance to neighbors. 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. Please see the included Covenant of Unified Control. David Lawrence Mental Health Center, Inc owns and operates the facility and will be responsible for the continuing operation and maintenance of the facility. c. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. (This is to include identifying what Sub-district, policy or other provision allows the requested uses/density, and fully explaining/addressing all criteria or conditions of that Sub-district, policy or other provision.) The CFPUD Rezone application is a companion piece to a GMPA which aims to create a new subdistrict to permit the use of a care unit type group housing facility. The sub-element of the Urban Golden Gate Estates of the Golden Gate Area master Plan states that the goal is to “guide land use and public facility decision making and to balance the need to provide basic services with natural resource concerns through a well planned mix of compatible land uses which ensure the health, safety, welfare, and quality of life of the local residents.” The proposed group home would increase the David Lawrence Center’s ability to provide recovery housing to meet a community need by creating a greater capacity within its recovery program. During 2021 there were 890 admissions to DLC's addiction treatment programs. Based on staff analysis and review of treatment goals, roughly half of those served need recovery housing following their treatment experience. Many individuals are homeless while others do not have a drug-free environment to return to following treatment. In terms of annual need, more than 300 people each year could benefit from recovery housing. These companion applications aim to enhance an existing use to increase the number of residents in recovery in family-like housing in a quiet and meditative environment. As a family care facility is already in operation, a CFPUD is pursued rather than a Conditional Use application so that a care unit with up to 27 with three caretakers is permitted on t he site through the PUD process. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. A family care facility is permitted in the existing Estates zoning. These companion applications seek to enable capacity for more residents desiring to engage in independent living in a substance-free environment through a CFPUD Rezone to allow for a care unit group housing facility while remaining compatible by retaining a residential character within the development. The design requirements outlined in LDC 5.05.04 will be followed which include a 0.45 floor area Page 721 of 886 ratio, 20’ setback from property lines abutting residential uses, and 25’ from the right-of-way. The Estates zoning is more restrictive requiring 30’ side yards and 75’ front and year yards, the included Exhibit B “List of Development Standards” indicates that these more restrictive setbacks will be followed, exceeding the minimum for group homes. This use is on a smaller, more personal scale and thus is more compatible with a residential setting compared to an institutional setting. e.The adequacy of usable open space areas in existence and as proposed to serve the development. Please see included conceptual site plan to review the available 60% open space areas. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The David Lawrence Center served 890 participants in its recovery programs in 2021, and there is a need for additional beds at the Hope Home facility to accommodate residents in this late stage of treatment. In terms of annual need, more than 300 people each year could benefit from recovery housing. In stark contrast to the demand for this vital service, there is almost no recovery housing available in Collier County. Currently there are just seven state-recognized, Florida Association of Recovery Residences (FARR) certified Recovery Residences in the County, operated by three providers, with approximately 10 total beds for women and 25 beds for men. Admission to these homes is limited largely to those individuals who are not being prescribed FDA-approved medications for treatment of substance use disorders, which eliminates those individuals in need of housing whose treatment plan includes medically supervised treatment. g.The ability of the subject property and of surrounding areas to accommodate expansion. The site is currently only partially utilized for the existing group home facility, and as seen in the provided concept plan can accommodate this expansion. No major increased traffic impacts are anticipated, per the included TIS. Due to the location of the I-75 right-of-way, the parcels to the West and South of this location cannot be developed. 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 regulations outlined within the PUD documents will be followed for any development made on the property. LDC 10.02.08 F Rezone Criteria 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. A companion GMPA is pursued to ensure compatibility with the GMP. 2.The existing land use pattern. Page 722 of 886 We believe that the low intensity use of a group home is compatible with the surrounding uses, including estates lots, highway right of way, and canals. 3.The possible creation of an isolated district unrelated to adjacent and nearby districts. The location of the subject site as surrounded by undevelopable lots on several sides creates a natural boundary on which to create the district. The use requested in this request is not commercial in nature, and is on a similar development scale to the Estates district, utilizing the development standards of this zoning. 4.Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The existing family care facility is allowed within the current zoning, this PUD rezone is pursued to allow for a greater number of residents within this drug-free family-like living facility. 5.Whether changed or changing conditions make the passage of the proposed amendment necessary. Collier County has a need for mental health and recovery care that is not currently met. The proposed development within this PUD request will allow for David Lawrence Centers to better serve this documented need. 6.Whether the proposed change will adversely influence living conditions in the neighborhood. Appropriate buffering will be implemented so as to not produce negative impacts to neighbors. The proposed group home is a drug-free family-like living facility. 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. See included Traffic Impact Statement. The maximum total daily trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at t he time of application for SDP/SDPA or subdivision plat approval. This is not anticipated to significantly or adversely impact the level of service provided on access roads to site. 8.Whether the proposed change will create a drainage problem. The proposed design of the on-site stormwater management system will meet design and permitting standards from Collier County and the South Florida Water Management District (SFWMD), as applicable. Stormwater runoff will be collected through both open drainage swales and/or stormwater inlet structures and discharged to on-site dry detention / retention systems where the required stormwater treatment and attenuation will be provided. Stormwater will ultimately discharge to on-site wetlands or adjacent off-site water bodies. 9.Whether the proposed change will seriously reduce light and air to adjacent areas. The development standards within this PUD Rezone request are similar to those of the Estates district, only amended where the LDC restrictions on group homes is more stringent or to accommodate the existing structure. This will not impact light or air access of adjacent areas. Page 723 of 886 We do not anticipate the proposed development and rezone to adversely impact the property value of adjacent parcels. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. There should be no impact to the development, per LDC, of adjacent property. Property to the South and West is undevelopable due to the highway right-of-way. Development regulations of adjacent property is not impacted by the proposed rezone and subject development. 12.Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. The proposed change is a request to accommodate a growing need for group housing for drug- free independent living for residents in the David Lawrence Centers program, which serves the public welfare. 13.Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Per the LDC, a family care facility is limited to 6 residents. The goal of this request is to allow for 37 residents and 3 resident caretakers to reside on the site. 14.Whether the change suggested is out of scale with the needs of the neighborhood or the county. There is a documented need in Collier County for additional mental heath care facilities. 15.Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. The proximity of this site to existing David Lawrence Center facilities while still being private and removed from the clinical setting to allow for a family-like drug-free residence is ideal for the proposed use. 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. Please see included site plan for proposed site alteration. The site currently houses a single home with driveway, a second home and accessory recreational facilities are proposed. 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. This development is not anticipated to significantly or adversely impact the level of service of public facilities and services. Please see included Level of Service exhibit for further analysis. 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. Urban Golden Gate Estates Sub Element Provisions Objective 1.3 10. Whether the proposed change will adversely affect property values in the adjacent area. Page 724 of 886 Protect and preserve the valuable natural resources within the Urban Golden Gate Estates. A preserve shall be provided, as seen in the master site plan, on this property consisting of a minimum of 10% of the site’s native vegetation. Additional native vegetation will be maintained to help buffer the new structure from the neighbors. Objective 1.4 Provide a living environment within the Urban Golden Gate Estates, which is aesthetically acceptable and protects the quality of life. All applicable architectural guidelines will be followed in the development. Objective 3.1 Balance the provision of public infrastructure with the need to preserve the rural character of Urban Golden Gate Estates. Only the necessary infrastructure to support this group home will be developed on this site. Policy 3.3.1 The Land Development Code shall continue to allow and further encourage the preservation of native vegetation and wildlife indigenous to the Urban Golden Gate Estates. A preserve shall be provided, as seen in the site plan, on this property consisting of a minimum of 10% of the site’s native vegetation. Policy 3.3.2 The County shall continue to pursue the Watershed Management Plan initiatives in Urban Golden Gate Estates as financial and staff resources become available. Acknowledged. Future Land Use Element Provisions 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). A family care facility is permitted in the existing Estates zoning. This application seeks to increase the number of residents who may reside in the group housing consistent with a care unit use through a GMPA and CFPUD Rezone to allow for a greater capacity for the David Lawrence Center to care for its patrons while remaining compatible by retaining a residential character within the development. 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. It is not feasible to provide alternative access. The only access is the existing access shown to remain. The site is surrounded by I-75, a canal, and existing residential. Interconnection is physically impractical. Conservation Coastal Management Element Policy 6.1 Page 725 of 886 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 FLUM, native vegetation shall be preserved through the application of the following minimum preservation and vegetation retention standards and criteria, unless the development occurs within the Area of Critical State Concern (ACSC) where the ACSC standards referenced in the Future Land Use Element shall apply. Notwithstanding the ACSC requirements, this Policy shall apply to all non- agricultural development except for single-family dwelling units situated on individual parcels that are not located within a watershed management conservation area identified in a Watershed Management Plan developed pursuant to Policies supporting Objective 2.1 of this Element. For property in Golden Gate Estates and designated Residential Estates in the Golden Gate Area Master Plan, the subdivision of parcels up to 13 acres in size into single family lots shall be treated as single family dwelling units under the preceding sentence. For properties not previously within the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a revised Coastal High Hazard Area boundary in 2013, the native vegetation preservation and retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the Coastal High Hazard Area Comparison Map in the Future Land Use Element.) Acknowledged. This site is not in the Coastal High Hazard Area. A minimum of 10% of the site’s native vegetation will be set aside as a preserve. Objective 7.1 Direct incompatible land uses away from listed animal species and their habitats. (The County relies on the listing process of State and Federal agencies to identify species that require special protection because of their endangered, threatened, or species of special concern status. Listed animal species are those species that the Florida Fish and Wildlife Conservation Commission has designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A- 27.005, F.A.C. and those species designated by various federal agencies as Endangered and Threatened species published in 50 CFR 17.) Acknowledged. Page 726 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com Civil Engineering • Planning • Permitting D esigning E xcellence M E M O R A N D U M January 16, 2024 To: Collier County Development Services From: Jessica Kluttz, AICP Reviewed By: Andrew Rath, P.E. RE: Hope Home II PUDRZ & GMPA – Neighborhood Information Meeting Summary Davidson Engineering conducted a Neighborhood Information Meeting regarding the PUD Rezone and Growth Management Plan Amendment for a Recovery Residence at 315062nd Street SW on Wednesday August 9, 2023, at 6:00pm. The meeting was held at the Golden Gate Community Center, located at 4701 Golden Gate Parkway, Naples, FL 34116 in Meeting Room B. There were a total of 33 in-person attendees from the public who signed in, including the project team. Attached to this letter is the sign in sheet from the meeting, the provided hand out for attendants, and the PowerPoint Presentation utilized at the meeting. The list of individuals below, associated with the project, also participated in the meeting: -Jessica Kluttz, Davidson Engineering -Andrew Rath, Davidson Engineering -Scott Burgess, David Lawrence Mental Health Center (Applicant) -Richard Yovanovich, Coleman Yovanovich Koester -Francesca Passidomo, Coleman Yovanovich Koester -Wojciech Kulicki, PK Studios -Rachel Hansen, Collier County -Nancy Gundlach, Collier County -James Sabo, Collier County Richard Yovanovich, Agent for the Applicant, began the presentation at approximately 6:05 PM and gave an overview of the zoning request. Scott Burgess explained what a Recovery Residence is and how the current Hope Home operates. Jessica Kluttz presented more details about the zoning request including the site plan, architectural plans, permitted uses, and GMPA language. Page 727 of 886 2 Following the presentation, attendees asked questions and gave comments. The following list is a summary of the questions and comments along with responses given by the agent in bold. • Kim Witmer asked about the landscape buffering, with concerns about how much vegetation will be left after exotics clearing. Also concerned that a low, chain link fence is easily climbed. Mike Rizzo added a request to waive exotics removal to regain the lushness of the existing vegetation in the rear of the property. Stated that no one wants to live next to such a use. Response: Scott Burgess responded that exotics removal is required by code but a variance could potentially be pursued. Alternative, opaque fencing that is not chain link could also be installed. • Mike Rizzo commented that such a concentration of people living on the property would amplify the risk of an incident occurring, suggested purchasing more property and putting small 6-person homes on each property like the current development. Response: Scott Burgess replied that he’d be welcome to see any studies showing that more people would lead to a lesser rate of success for the program. • Antonio Santiago stated that he’d been through such a program and believes they have a 75% relapse rate. Also concerned about background checks and insisted on these being released to the public for review. Response: Scott Burgess replied that HIPPA laws do not allow the background checks to be released, but insisted that they are performed on every Hope Home resident and that no exceptions are made. • Alex Pagan asked about if a septic system or lift station would be installed, concerned that in the event of a flood the septic system would fail and flood the neighborhood with waste. Response: Andrew Rath explained both options, septic system or sewer with lift station, and that a cost analysis is underway. • Alex Pagan also concerned that a 10’ wall was promised but not yet constructed around another David Lawrence Center property, the central receiving facility. Requested a wall around the subject property. Response: Scott Burgess assured the resident that the wall would be constructed, but that DLC was currently in negotiation with the church property that the wall would be developed on. Richard Yovanovich confirmed this as it is in the PUD, if a wall is in a PUD document then it must be built. • Nancy Kortnrt (did not sign in) expressed displeasure with the previous DLC hearing for the central receiving facility. Believes that this project is also incompatible, feels it is commercial in nature and being forced into a residential neighborhood. Concerned about the individuals living at the residence. Response: Scott Burgess expressed that her concern was noted. • William VanZant concerned about David Lawrence Center’s 5-10-15 year plans for potential expansion, felt that FDOT was likely to donate the adjacent vacant properties to DLC for expansion. Felt the letter sent out by David Lawrence Centers was deceptive by referring to DLC as ‘their neighbor’. Also stated that DLC purchased the church at the central receiving facility and that this property was acquired for $500. Page 728 of 886 3 Response: Scott Burgess responded that DLC does not have any concrete plans on if more land will be acquired or not, assured that the church was not owned by DLC. • Tom Collins expressed concern about the compatibility of such a use, stating that it was not residential. Believed that this would have a negative impact, degrade the community, and is against the county’s Growth management Plan. Asked county staff in attendance to enforce the GMP and not permit this development. Felt the property to the North would be the next expansion of the Hope Home. Response: Scott Burgess expressed that his concern was noted. • Jay Popiel believes that DLC has designated this area of Collier County as their ‘dumping ground’ with the Board of County Commissioners, asked the applicant to consider the safety of residents. Response: Scott Burgess expressed that his concern was noted. • Kim Witmir was aware of the 6 residents on the property and had no objection to it, however believes that 30 residents is too high a density and requested that a study be brought forward to show that this would not pose a risk to the community. Several attendees spoke at once at this point to ask about the background checks and if visitors to Hope Home had to pass a background check. Response: Scott Burgess discussed the model of care that Hope Home followed and the certification from the state they receive. • Mike Rizzo discussed how Del Rey has the highest concentration of group homes and does not want the Estates to become Del Rey. Stated that in studies he has reviewed, the optimal size for a group home is 4-12 residents and for the homes to be separate. Response: Scott Burgess invited Mike Rizzo to provide the study for review. Stated that on the FARR website, over 24 Recovery Residents have such a population as requested at Hope Home in this expansion. • Mike Rizzo continued by stating that FARR certification was ‘a joke’ and that he’d be fine with 6- resident homes spread out, but 30 on a single property was too much. Asked about resident turnover. Response: Scott discussed the 6 to 9 month average stay of residents. • Dan Halls expressed concerns with traffic and requested for the nearest intersection to be signalized to assists with the traffic problem. Response: Scott Burgess expressed that traffic signal location was controlled by the county, and stated that about 50% of residents have vehicles. • Tony Kirkland stated that every 6 months or so, someone from DLC knocks on his door asking for beer, once the person refused to leave so law enforcement was contacted. Concerned this will become more frequent. Requests higher security and for no fishing to be allowed in the adjacent canal. Christine Ruiz added that she believes DLC patients are stealing fruit from her fruit trees. Response: Scott Burgess suggested that the pair work with law enforcement in the event of such a disturbance so appropriate action can be taken. • A member of the public stated that she worked for NCH and understands the need but does not like the scale proposed. Asked if approval was already had, about the language in the GMPA (Shall), and if there are any exceptions made if residents break the house rules and how these rules are enforced. Felt this was an inappropriate location for so many residents. Page 729 of 886 4 Response: Jessica Kluttz responded that this application is not yet approved, that is up to the Board of County Commissioners, and that the ‘shall’ language is included in the GMPA as it will be approved concurrently with the PUD Rezone. Scott Burgess responded that senior residents live full time on the site, and that peer support specialists go to the location for monitoring. • Concern was again expressed by the public over the septic system and proximity to the canal. Request city sewer. Response: Andrew Rath again discussed the septic and sewer system. • Tony Kirkland stated that something bad will happen with the residents and stated desire for a 10’ wall, asked how this could be made to be built. Response: Richard Yovanovich explained that a wall will be built if it is in the PUD commitments. Scott Burgess stated that DLC will first explore landscape buffering options before a wall. • Mike Rizzo requested information as to how the public could voice their concerns to the board. Response: Richard Yovanovich explained that there will be opportunity for public comment at the Board of County Commissioners meeting. • Mike Rizzo asked to speak to the DLC board as well. Response: Scott Burgess stated that they could get in touch to try and arrange this. At this point, the attendees began speaking over one another. Richard Yovanovich stated that this forum was an informational meeting, not a debate. Stated that the public’s concerns have been heard and noted, however completely pulling this applicatoin was not an option. Invited the public to voice their concerns to the board and attend the public hearing. Multiple times throughout the meeting, the public added comments after questions were asked, speaking over each other or having side conversations with a general topic of being against the expansion of the Hope Home. Thus, some comments are not fully dictated or understandable in the NIM recording. At the start of the meeting, and several times, Richard Yovanovich interjected that members of the public can only speak one at a time, otherwise their voice may not be recorded and understood by the board. [Meeting Adjourned at approximately 7:35] Page 730 of 886 4365 Radio Road • Suite 201 • Naples, FL 34104 • P: 239.434.6060 • www.davidsonengineering.com D esigning E xcellence Civil Engineering • Planning • Permitting Neighborhood Information Meeting August 9, 2023 Hope Home II PUDZ & GMPA (PL20220005096 & PL20220005096) The site is located at 62nd Street SW in Naples, FL. The purpose of this application is to allow for a Recovery Residence on the site allowing for 27 residents and 3 senior residents. The existing Home Hope Recovery Residence has been in operation with 5 residents and 1 senior resident since June of 2020 without complaint or objection. A Recovery Residence (RR) is a broad term describing a sober, safe, and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges. Thousands of recovery residences exist in the Unites States that vary in size, organization, and targeted population. Most RRs offer peer-to-peer recovery support, with some also providing evidence-based, professionally delivered, clinical services aimed at promoting long-term recovery. The proposed site plan consists of the following: 1. An existing residence utilized as a Recovery Residence. 2. Proposed new residential structure no more than 2 stories in height. 3. Approximately 220 feet of retained vegetation separating the use from the rear property line. The development standards for Estates zoning shall be followed or exceeded by the proposed structure. The nearest neighboring residential structure is 450’ from the proposed residence. The properties to the South and West of the site are owned by the State of Florida. A fence is to be provided around the property alongside landscape buffering to meet or exceed code. Page 731 of 886 Page 732 of 886 Page 733 of 886 David Lawrence Centers Hope Home II PUDRZ & GMPA NEIGHBORHOOD INFORMATION MEETING PL20220005096 & PL20220005096 AUGUST 9, 2023 8/9/2023 1Page 734 of 886 Agenda 1.In Attendance 2.Site Location & Current Zoning 3.Application Summary 4.What is Hope Home? 5.GMPA Application 1.Text Amendment and Subdistrict 6.PUD Rezone Application 1.Permitted Uses 2.Surrounding Land Uses 3.Master Site Plan 4.Buffering 7.Architectural Design 8.Utilities 8/9/2023 2Page 735 of 886 In Attendance Jessica Kluttz, AICP –Davidson Engineering –Planner Andrew Rath, P.E. –Davidson Engineering –Project Manager Scott Burgess –David Lawrence Centers for Behavioral Health –COO Richard Yovanovich, Esq. –Coleman Yovanovich Koester –Land Use Attorney Francesca Passidomo, Esq. –Coleman Yovanovich Koester –Land Use Attorney Wojciech Kulicki, AIA –PK Studios –Architect 8/9/2023 3Page 736 of 886 Site Location Site is located at 62nd Street SW in Naples, FL 4.47 Acres in size Located SE of the intersection of Golden Gate Parkway and I-75 7/25/2023 4Page 737 of 886 Current Zoning: Estates Permitted Uses: ◦Single Family Dwelling ◦Family Care Facility (6 Residents) ◦Essential Services ◦Educational Plants Conditional Uses: ◦Group Care Facilities, Care Units (When the tenancy of the persons under care would not constitute a direct threat to health and safety of other individuals, result in substantial physical damage to the property of others, or result in the housing of individuals currently engaged in the illegal use or addition to a controlled substance) Due to the Growth Management Plan restricting the location of Conditional Uses in the Estates, the property is not eligible for a conditional use, so a PUD Rezone is pursued along with a GMPA. 8/9/2023 5Page 738 of 886 Application Summary: Expand Hope Home PUD Rezone: ◦Allow for the Principal Use of a Recovery Residence, limited to 27 residents and 3 senior residents. ◦Accessory uses including common living areas and outdoor amenities including gazebos and picnic areas. ◦Allow for 2 structures on-site with a maximum height of 30’. ◦All setbacks and buffers will meet or exceed the Estates standards for the new structure. 8/9/2023 6 Growth Management Plan Amendment: ◦Create an institutional subdistrict within the Urban Golden Gate Estates Sub-Element of the Golden Gate Master Plan to allow for a Recovery Residence on the subject property within this sub-district. ◦No additional parcels proposed for the expansion, current site to be utilized. Page 739 of 886 About the Existing Hope Home Hope Home is a Certified Recovery Residence,credentialed through the Florida Association of Recovery Residences,Inc.(FARR)as recommended by the state of Florida. Hope Home offers a safe and sober environment with peer support and guidance available for individuals who seek a living experience that supports a pathway to maintaining successful sobriety and recovery.The residence is intended to be a family or intentional community for those living in recovery-people who desire change and seek support in the recovery process and beyond. An approved Recovery Residence Administrator oversees the home. The home houses 5 residents and 1 senior resident and has been in operation since June of 2020 without complaint or objection. Hope Home is a 5-bedroom,3-bathroom residence for men 18 years and older. 8/9/2023 7Page 740 of 886 About the Existing Hope Home Curfews are Sunday-Thursday 10:30 PM-5:00 AM and Friday- Saturday 12:00 AM-5:00 AM. Each resident pays a $200 weekly fee. All current residents are employed. 26 Residents have resided at Hope Home to date. Resident length of stay has averaged 209 days. No drug related arrests or mental health stabilization unit admissions have occurred to any Hope Home residents while staying on property. 8/9/2023 8Page 741 of 886 What is a Recovery Residence? A Recovery Residence (RR)is a broad term describing a sober,safe,and healthy living environment that promotes recovery from alcohol and other drug use and associated challenges.Thousands of recovery residences exist in the Unites States that vary in size, organization,and targeted population.Most RRs offer peer-to-peer recovery support,with some also providing evidence-based,professionally delivered,clinical services aimed to promote long- term recovery. Hope Home is defined by FARR as a Level 2 recovery residence.Level 2 is a monitored level, meaning that there are specific policies and procedures in place and that there is also a resident hierarchy having levels which may include a house manager or senior resident.Level 2 includes house rules that provide structure,peer-run groups,and involvement in self-help and/or treatment services.Drug and alcohol screenings occur frequently.House meetings occur weekly, and attendance is required. Food is not provided to residents,nor are any medical treatments provided on-site. 8/9/2023 9Page 742 of 886 Resident Expectations •Display a willingness and the desire for sobriety and a healthy lifestyle •Remain alcohol and drug free •Commit to a minimum of three months in Hope Home •Create and work towards your recovery plan •Find and work with a recovery mentor or a mutual aid sponsor •Locate and participate in a “home group” (an identified group, often a 12-step or other self- help group, where the participant attends regularly, accepts responsibility and tries to sustain friendships and feels “at home”) •Background check performed on all potential residents-ensure no violence in history and there is an exclusion criteria against sexual predators 8/9/2023 10Page 743 of 886 Resident Expectations •Abide by the rules of the residence •Participate with your recovery family •Be sensitive to your Hope Home residence family’s needs and feelings •Be willing to express your own needs and feelings •Demonstrate respect for yourself and others •Attend house and community meetings •Attend and participate in sober social events sponsored by David Lawrence Center or other sober recovery communities •Find and maintain employment, attend school, and/or volunteer outside the home. 8/9/2023 11Page 744 of 886 What does Hope Home Provide? •A warm, clean, comfortable, fully furnished home. •Accountability (including drug and alcohol testing, daily housekeeping chores, weekly meetings) •Laundry facility located in your home •Lockboxes (provided primarily for storage of medications and personal items. Large sums of cash or expensive valuables should be stored elsewhere. Hope Home is not responsible for lost, stolen, or damaged items.) •Limited Internet access (Hope Home provides basic internet access. Internet is not unlimited. Those needing unlimited access internet should secure a hotspot or personal internet.) •Dedicated peer support staff •Access to case management, psychiatric services, and substance use treatment (all levels), by referral 8/9/2023 12Page 745 of 886 Proximity Exhibit 450’ TO NEAREST HOME. 8/9/2023 13Page 746 of 886 Growth Management Plan Amendment HOPE HOME II INSTITUTIONAL SUBDISTRICT 8/9/2023 14Page 747 of 886 Proposed Hope Home II Institutional Subdistrict 4.47 Acres Currently in the Residential Estates Subdistrict 15 8/9/2023 Page 748 of 886 Proposed Golden Gate Master Plan Text Amendment Urban Golden Gate Estates Sub-Element Hope Home II Institutional Subdistrict This Subdistrict is specific to a portion of Tract 30 of Golden Gate Estates Unit 30, one parcel of land containing approximately 4.47 acres, located east of I-75 with secondary access from Golden Gate Parkway via 62nd Street SW. The intent of the Hope Home II Institutional Subdistrict is to provide for the continued operation of the existing group care facility, with additional residential units to support the housing and independent living needs of individuals living in recovery in a substance free, family like environment. The property shall be rezoned to CFPUD. The following institutional uses are permitted through the planned unit development rezone process: a. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 8/9/2023 16Page 749 of 886 8/9/2023 17 Proposed change to Urban Golden Gate Estates Future Land Use Map: Addition of the Hope Home II Institutional Subdistrict as a Conditional Use Subdistrict. Page 750 of 886 Planned Unit Development Rezone HOPE HOME II COMMUNITY FACILITY PUD 8/9/2023 18Page 751 of 886 Permitted Uses A. Principal Uses: 1. A Recovery Residence per Florida Statute 397.487 limited to 27 residents and 3 senior residents, subject to LDC Section 5.05.04. 2. Single Family Home. 3. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 19 Medical and commercial uses are not permitted. This site can only be used as a residential style Recovery Residence and not any other treatment facility or function of the David Lawrence Center. Page 752 of 886 Accessory Uses B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Common living areas for activities such as group interaction and meal preparation. 2. Administrative Offices as an accessory to Recovery Residence. 3. Customary accessory uses and structures that are incidental to the principal permitted use. 4. Water management facilities. 5. Water features, such as fountains. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gardens, gazebos and picnic areas. 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. 8/9/2023 20Page 753 of 886 Surrounding Land Uses Immediately adjacent to the parcel are vacant, residential, and right of way uses. Property to the south is owned by the State of Florida. Neighbors have been contacted via letter and several meetings held with abutting property owners. 8/9/2023 21 State of Florida TIFF/FDOT Land Use: Conditional Use Page 754 of 886 8/9/2023 22 Development Standards for Proposed Structure GROUP HOME ESTATES STANDARDS MINIMUM LOT AREA (sq. ft.)98,010 98,010 MINIMUM LOT WIDTH (feet)150 150 MINIUM FRONT (feet)75 75 MINIMUM REAR (feet)75 75 MINIMUM SIDE (feet)30 30 MINIMUM PRESERVE SETBACK (FEET) 25 25 MINIMUM DISTANCE BETWEEN STRUCTURES (feet) 10 or ½ sum of building heights, whichever is greater 10 or ½ sum of building heights, whichever is greater MAXIMUM ZONED HEIGHT (feet) 30 30 MINIMUM FLOOR AREA (sq. ft.) 1,000 1,000 PARKING SPACES 1 per resident N/A FLOOR AREA RATIO 0.45 N/A SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING RESIDENTIAL ZONING DISTRICTS 20 feet from a residential property line 20 feet from a residential property line SPECIAL SETBACK REQUIREMENT FOR PROPERTY ABUTTING ROADWAYS 25 Feet from a road right-of- way line 25 Feet from a road right-of- way line Page 755 of 886 8/9/2023 23 Master Concept Plan Page 756 of 886 8/9/2023 24 Master Concept Plan Existing Hope Home (6 Residents) Proposed Hope Home II (24 Residents) Preserve (0.334 AC) Page 757 of 886 8/9/2023 25 Buffering 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer 15’ Type B Landscape Buffer10’ Type D Landscape Buffer A chain link fence currently fronts the property. A fence will be erected around the site. Approx. 220’ of retained vegetation in rear yard Page 758 of 886 Buffering 8/9/2023 26Page 759 of 886 Transportation The maximum total daily trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP. Access will be provided off 62nd Street SW. 8/9/2023 27Page 760 of 886 Architectural Design 8/9/2023 28Page 761 of 886 8/9/2023 29Page 762 of 886 Utilities 8/9/2023 30Page 763 of 886 Water & Sewer The property is located within the Collier County sanitary sewer and potable water service area. Connection locations are more than 200’ away so connection is permitted but not required. 8/9/2023 31 1 Inch water line 4 Inch force main Page 764 of 886 Water & Sewer A private well and septic system could be utilized on the site. 8/9/2023 32 Existing Septic FieldConceptual Septic Field Page 765 of 886 Thank You DAVID LAWRENCE CENTERS HOPE HOME II PUDRZ & GMPA 8/9/2023 33Page 766 of 886 Page 767 of 886 Page 768 of 886 Page 769 of 886 Page 770 of 886 Page 771 of 886 Page 772 of 886 Page 773 of 886 Page 774 of 886 Page 775 of 886 Page 776 of 886 Page 777 of 886 Page 778 of 886 Page 779 of 886 Page 780 of 886 Page 781 of 886 Page 782 of 886 Page 783 of 886 Page 784 of 886 Page 785 of 886 Page 786 of 886 Page 787 of 886 Page 788 of 886 Page 789 of 886 Page 790 of 886 Page 791 of 886 Page 792 of 886 Page 793 of 886 Page 794 of 886 Page 795 of 886 Page 796 of 886 Page 797 of 886 Page 798 of 886 Page 799 of 886 Traffic Impact Statement David Lawrence Center Hope Home II GMPA and PUDZ Application Collier County, Florida 06/09/2023 Prepared for: Prepared by: Davidson Engineering 4365 Radio Rd., Suite 201 Naples, FL 34104 Phone: 239-434-6060 Trebilcock Consulting Solutions, PA 2800 Davis Boulevard, Suite 200 Naples, FL 34104 Phone: 239-566-9551 Email: ntrebilcock@trebilcock.biz Collier County Transportation Methodology Fee* – $500.00 Fee Collier County Transportation Review Fee* – Small Scale Study Note – *to be collected at time of first submittal. Page 800 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 2 Statement of Certification I 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. Norman J. Trebilcock, AICP, 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. Page 801 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 3 Table of Contents Project Description ......................................................................................................................... 4 Trip Generation ............................................................................................................................... 5 Trip Distribution and Assignment ................................................................................................... 6 Future Background Traffic Volumes ............................................................................................... 8 Existing and Future Roadway Conditions Without Project ............................................................ 9 Future Conditions With Project ...................................................................................................... 9 Site Access Management .............................................................................................................. 11 Improvement Analysis .................................................................................................................. 11 Mitigation of Impact ..................................................................................................................... 11 Appendices Appendix A: Project Master Site Plan .......................................................................................... 12 Appendix B: Initial Meeting Checklist (Methodology Meeting) .................................................. 14 Appendix C: ITE Trip Generation .................................................................................................. 22 Appendix D: D1RPM Inputs .......................................................................................................... 40 Appendix E: FDOT Generalized Level of Service Tables ............................................................... 42 Page 802 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 4 Project Description The application is for a Growth Management Plan Amendment (GMPA) and Planned Unit Development Zoning (PUDZ) on a 4.5-acre parcel at 3150 62nd St SW, in the southeast quadrant of the I-75 interchange at Golden Gate Parkway. Currently on the site is a single structure housing six unrelated residents in a structured living arrangement following treatment at the David Lawrence Center. This application seeks to add one additional structure to house another 24 unrelated residents, bringing the total to 30. Refer to Figure 1 – Project Location and Appendix A: Project Master Site Plan. A methodology memorandum was transmitted via email to the Collier County Transportation Planning staff on May 1, 2023 (ref. Appendix B: Initial Meeting Checklist (Methodology Meeting)). The project access connection to the surrounding roadway network is proposed as a direct connection onto 62nd St SW. A detailed evaluation of it will be performed at the time of site development permitting. SW 62nd St connects to SW 60th St which becomes the south leg of a full movement median opening intersection with Golden Gate Parkway. Figure 1 – Project Location Project Location N I-75 Golden Gate Parkway 60th St SW Page 803 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 5 Trip Generation To be conservative, trip generation treats the existing and proposed final condition as multi-family dwelling units. The net change (24 residents) is used for traffic impact. Two other land uses were considered: Assisted Living and Congregate Care. Trip generation tables for them are in Appendix C. For all three uses, trip generation rates were used instead of formula due to the small intensities involved, which produce unreasonable results when the formula form contains a large constant of either sign. In Table 1 ITE rates or equations are used for the trip generation calculations, as applicable. The ITE formulae coefficients and 11th edition data pages are provided in Appendix C. 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. The analysis year is 2028. Table 1 - Trip Generation PM Peak Hour AM Peak Hour Use ITE LU# Measure- ment Unit # of Units Daily AM PM Daily Traffic In Out Total In Out Total Multifamily Housing (Low- Rise) Not Close to Rail Transit 220 Dwelling Units 30 1 1 1 202 9 6 15 3 9 12 Multifamily Housing (Low- Rise) Not Close to Rail Transit 220 Dwelling Units 6 1 1 1 40 2 1 3 0 2 2 Net New 162 7 5 12 3 7 10 Trip Generation Rates from ITE Trip Generation Manual 11th Ed. Rate (1) or Eqn. (2) Page 804 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 6 Trip Distribution and Assignment Trip distribution was estimated using the District One Regional Planning Model (D1RPM). A new traffic analysis zone (TAZ) # 2971 was connected to the intersection of Golden Gate Pkwy. and SW 60th St. (Figure 2). It contained 15 service employees because that intensity produces the same number of PM peak hour trips as 30 assisted living beds, a land use code choice being contemplated at the time of the model run (see Appendix C). Figure 2 – Project Trip Distribution Page 805 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 7 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 at the segment endpoints. 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 traffic does not represent a significant impact on adjacent roadway segments. Table 2 –Project Traffic Distribution and PM Peak Hour Impact AUIR ID # Roadway Link From To Percent of Total Project Traffic (1) PM Peak Hour Project Traffic N/E (2) PM Peak Hour Project Traffic S/W (2) Future Config- uration (3) LOS Mini- mum Stan- dard Future Peak Hour Peak Direct- ion Service Vol- ume (3) Signif- icance Thres- hold (%) (4) Peak Direct- ion Project Traffic as Per- cent- age of Service Vol- ume Signif- icant Impact Y/N 21.0 Golden Gate Parkway I-75 SW 60th St 51.3 5 1 6D E 3300 2 0.2 No 21.0 Golden Gate Parkway SW 60th St Santa Barbara Boulevard 48.7 3 3 6D E 3300 2 0.1 No Notes:1) Figure 2 2) Percentage times PM peak hour net new external directional project traffic totals Table 1 3) Based on 2022 AUIR data and approved future roadway improvements 4) Collier County TIS Guidelines Page 806 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 8 Future Background Traffic Volumes Tables 3 through 5 contain existing and future traffic information for the segment of Collier Blvd. accessed by the project. 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 to the analysis year 2028. 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 2028 AUIR ID # Roadway Link From To Existing Year Peak Hour Peak Direct- ion Volume (1) Peak Direct- ion (1) AUIR Annual Percent Growth Rate for First 5 years (1) Growth Factor (2) Trip Bank Volume (1) Growth Rate Based Peak Hour Peak Direct- ion Back- ground Traffic Vol- ume AUIR + Trip Bank Volume Peak Hour Peak Direct- ion Back- ground Traffic Vol- ume (3) 21.0 Golden Gate Parkway I-75 SW 60th St 2020 E 2.0%1.126 14 2275 2034 2275 21.0 Golden Gate Parkway SW 60th St Santa Barbara Boulevard 2020 E 2.0%1.126 14 2275 2034 2275 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 Page 807 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 9 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 or are scheduled to be constructed within the five-year Transportation Improvement Plan (TIP) or Capital Improvement Program (CIP) are considered committed improvements. No improvements to the evaluated roadways are programmed. The existing and future roadway conditions are illustrated in Table 4. The segments are operating at acceptable levels 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. Future Conditions With Project 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 E). 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 significantly impacted Table 4 – Existing and Future Roadway Conditions 2028 2028 2028 2028 AUIR ID # Roadway Link From To Existing Config- uration (1) Existing Peak Hour Peak Direct- ion Service Volume Existing Year Peak Hour Peak Direct- ion Volume Exist- ing Year V/C Level of Service Defic- iency Yes/ No Config- uration (1) Peak Hour Peak Direct- ion Service Vol- ume (1) Peak Hour Peak Direct- ion Back- ground Traffic Vol- ume (2) Back- ground Traffic V/C Level of Service Defic- iency Yes/ No 21.0 Golden Gate Parkway I-75 SW 60th St 6D 3300 2020 0.61 No 6D 3300 2275 0.69 No 21.0 Golden Gate Parkway SW 60th St Santa Barbara Boulevard 6D 3300 2020 0.61 No 6D 3300 2275 0.69 No Notes:1) Based on 2022 AUIR data and approved future roadway improvements 2) Table 3 Page 808 of 886 Trebilcock Consulting Solutions, PA Page | 10 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 segments are operating at acceptable levels of service when project traffic is added to future background traffic. The calculations that the table contains are performed with more decimal places than those displayed. Using only the displayed decimals may yield slightly different results. Table 5 -Future Roadway Total Traffic Conditions 20282028 2028 2028AUIR ID #Roadway LinkFrom ToPeak Hour Peak Direct- ion Back- ground Traffic Volume (1)Back- ground Traffic Peak Direct- ion (1)PM Peak Hour Project Traffic N/E (2)PM Peak Hour Project Traffic S/W (2)Back- ground Traffic Direct- ional Split (3)Back- ground Traffic N/EBack- ground Traffic S/WTotal Traffic N/ETotal Traffic S/WTotal Traffic Analy- sis Vol- umePeak Hour Peak Direct- ion Serv- ice Vol- ume (2)Total Traffic V/CLevel of Serv- ice Defic- iency Yes/ No21.0Golden Gate ParkwayI-75SW 60th St2275N/E5 12280 3300 0.69No21.0Golden Gate ParkwaySW 60th StSanta Barbara Boulevard2275N/E3 30.56 2275 1788 2278 1791 2278 3300 0.69NoNotes:1) Table 32) Table 23) Appendix DPage 809 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 11 The roadway segments will be operating at acceptable levels of service in the future year with the addition of project traffic. Site Access Management No new connections are proposed on any roads to which Collier County assigns access management classifications. Improvement Analysis Based on the results illustrated within this traffic analysis, the proposed project creates no significant impacts on adjacent roadway segments. The maximum total daily trip generation for the PUD shall not exceed 15 two-way PM peak hour net trips based on the use codes and trip generation rates in the ITE Trip Generation Manual in effect at the time of application for SDP/SDPA or subdivision plat approval. Mitigation of Impact The developer proposes to pay the appropriate Collier County Road Impact Fee as building permits are issued for the project, as applicable. Page 810 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 12 Appendix A: Project Master Site Plan Page 811 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 13 Page 812 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 14 Appendix B: Initial Meeting Checklist (Methodology Meeting) Page 813 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 15 Page 814 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 16 Page 815 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 17 Page 816 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 18 Page 817 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 19 Page 818 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 20 Page 819 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 21 Page 820 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 22 Appendix C: ITE Trip Generation Page 821 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 23 PM Peak Hour AM Peak Hour Use ITE LU# Measure- ment Unit # of Units Daily AM PM Daily Traffic In Out Total In Out Total Congregate Care Facility 253 Dwelling Units 30 1 1 1 66 2 3 5 1 1 2 Congregate Care Facility 253 Dwelling Units 6 1 1 1 13 0 1 1 0 0 0 Net New 53 2 2 4 1 1 2 Trip Generation Rates from ITE Trip Generation Manual 11th Ed. Rate (1) or Eqn. (2) PM Peak Hour AM Peak Hour Use ITE LU# Measure- ment Unit # of Units Daily AM PM Daily Traffic In Out Total In Out Total Assisted Living 254-B Beds 30 1 1 1 78 3 4 7 3 2 5 Assisted Living 254-B Beds 6 1 1 1 16 0 1 1 1 0 1 Net New 62 3 3 6 2 2 4 Trip Generation Rates from ITE Trip Generation Manual 11th Ed. Rate (1) or Eqn. (2) Page 822 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 24 Page 823 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 25 Page 824 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 26 Page 825 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 27 Page 826 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 28 Page 827 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 29 Page 828 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 30 Page 829 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 31 Page 830 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 32 Page 831 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 33 Page 832 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 34 Page 833 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 35 Page 834 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 36 Page 835 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 37 Page 836 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 38 Page 837 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 39 Page 838 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 40 Appendix D: D1RPM Inputs Page 839 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 41 PM Peak Hour AM Peak Hour Use ITE LU# Measure- ment Unit # of Units Daily AM PM Daily Traffic In Out Total In Out Total Assisted Living 254-B Beds 30 1 1 1 78 3 4 7 3 2 5 Assisted Living 254-E Employees 15 1 1 1 64 2 5 7 4 2 6 Trip Generation Rates from ITE Trip Generation Manual 11th Ed. Rate (1) or Eqn. (2) Page 840 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 42 Appendix E: FDOT Generalized Level of Service Tables Page 841 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 43 Page 842 of 886 David Lawrence Center Hope Home II – GMPA & PUDZ – Traffic Impact Statement – June 2023 Trebilcock Consulting Solutions, PA Page | 44 Page 843 of 886 June 6, 2023 VIA: E-MAIL Fabiano Borges fabiano@davidsonengineering.com Davidson Engineering, Inc. 4365 Radio Rd #201 Naples, FL 34104 Subject: Water and Wastewater Service Availability Project: Hope Home II Parcel #: 38162400002 Dear Fabiano: The subject project is in the service ar eas of the Collier County Water-Sewer District’s (CCWSD) regional WTP and Golden Gate Wastewater Treatment Plant. Connection to the CCWSD’s water distribution and wastewater collection systems will be permitted only after the GMD Development Review Division’s approval of hydraulic calculations prepared by the Developer’s Engineer of Record in accordance with the Design Criteria found in Section 1 of the Collier County Water-Sewer District Utilities Standards Manual. Adequate capacity to this project is not guaranteed until the project receives a commitment for service. Water service available to the site via a 1” PVC water line along the south side of 62nd St SW terminating at 3060 62nd St SW. The connection location is more than 200 feet away and thus a connection is allowed but not required. Offsite improvements and/or upgrades to the water distribution/transmission system may be required to adequately handle the total estimated peak hour flow to the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be necessary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades. Potable water is available for domestic use, fire protection, and irrigation, subject to the provisions of LDC 4.03.08 C, the Collier County Irrigation Ordinance (2015-27), and other applicable rules and regulations. Potable water source pressure shall be verified by the results of a fire flow test not older than six months, in accordance with subsection 2.2.1, paragraph A. Page 844 of 886 Wastewater service is available to the site via a 4” PVC force main along the south side of Bathey Ln. The connection location is more than 200 feet away and thus a connection is allowed but not required. Offsite improvements and/or upgrades to the wastewater collection/transmission system may be required to adequately handle the total estimated peak hour flow from the project. Whether or not such improvements are necessary, and if so, the exact nature of such improvements and/or upgrades shall be determined during PPL or SDP review. Such improvement and/or upgrades as may be nec essary shall be permitted and installed at the developer's expense and may be required to be in place prior to issuance of a certificate of occupancy for any portion or phase of the development that triggers the need for such improvements and/or upgrades . Your confirmation of downstream wastewater transmission system capacity and force main connection pressure will be required for wastewater service approval. A preliminary utility plan must be reviewed and discussed at a pre -submittal conference with representatives of the Public Utilities Department and the Growth Management Department, as required by Sec. 134 -58, paragraph (b)(2) of the Code of Ordinances. This conference may be conducted by email at the discretion of the Public Utilities Department. Please contact Joanna Nicholson (Joanna.Nicholson@colliercountyfl.gov) for assistance with this requirement. See the attached GIS screen shot for approximate utility locations. Record drawings for CCWSD utility infrastructure can be requested by emailing Utility Planning (UtilityPlanning@colliercountyfl.gov). Respectfully, Drew Cody Public Utilities Department Senior Project Manager, Engineering and Project Management CC: Howard Brogdon, Division Director, PUD/WD; Robert Von Holle, Division Director, PUD/WWD; Matthew McLean, Division Director, PUD/EPMD; Joe Bellone, Division Director, PUD/FOSD; Craig Pajer, Division Director, PUD/SRU; Ben Bullert, Principal Project Manager – Water, PUD/EPMD; Shon Fandrich, Principal Project Manager – Wastewater, PUD/EPMD; Brett Rosenblum, Principal Project Manager, GMD/DRD; Joanna Nicholson, Site Plans Reviewer, GMD/DRD; Utility Planning Section Page 845 of 886 GIS Screen Shot Page 846 of 886 GIS Screen Shot (north) Page 847 of 886 Page 848 of 886 Page 849 of 886 SIGN POSTING INSTRUCTIONS (CHAPTER 8, COLLIER COUNTY ADMINISTRATIVE CODE FOR LAND DEVELOPMENT) A zoning sign(s) must be posted by the petitioner or the petitioner’s agent on the parcel for a minimum of fifteen (15) calendar days in advance of the first public hearing and said sign(s) must be maintained by the petitioner or the petitioner’s agent through the Board of County Commissioners Hearing. Below are general guidelines for signs, however these guidelines should not be construed to supersede any requirement of the LDC. For specific sign requirements, please refer to the Administrative Code, Chapter 8 E. 1.The sign(s) must be erected in full view of the public, not more than five (5) feet from the nearest street right-of-way or easement. 2.The sign(s) must be securely affixed by nails, staples, or other means to a wood frame or to a wood panel and then fastened securely to a post, or other structure. The sign may not be affixed to a tree or other foliage. 3.The petitioner or the petitioner’s agent must maintain the sign(s) in place, and readable condition until the requested action has been heard and a final decision rendered. If the sign(s) is destroyed, lost, or rendered unreadable, the petitioner or the petitioner’s agent must replace the sign(s - - - - - - - - - - - - - - -- -- - - - - - - --- - - - - -- AFFIDAVIT OF POSTING NOTICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED SIGNATURE OF APPLICANT OR AGENT STREET OR P.O. BOX CITY, STATE ZIP NAME (TYPED OR PRINTED) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this day of , 20 , by , personally known to me or who produced as identification and who did/did not take an oath. Signature of Notary Public Printed Name of Notary Public My Commission Expires: (Stamp with serial number) Rev. 3/4/2015 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. Andrew Rath WHO ON OATH SAYS THAT HE/SHE HAS POSTED PROPER NOTICE AS REQUIRED BY SECTION 10.03.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE ON THE PARCEL COVERED IN PETITION NUMBER PL20220005096 : Andrew Rath 4365 Radio Road, Suite 201 Naples, FL 34104 27th January 25 Andrew Rath Tocia Hamlin-Rosa & PL20220005195 Page 850 of 886 Page 851 of 886 MEMORANDUM TO: Collier County Planning Commission FROM: Luis N. Serna, AICP Calvin, Giordano & Associates, Inc. SUBJECT: Planning Analysis Regarding the David Lawrence Center Residential Treatment Facility (Hope Home II) Proposed Comprehensive Plan Amendment (Collier County Project #PL20220005195) and Rezoning (Collier County Project #PL20220005096) DATE: January 24, 2025 This planning analysis is regarding the above-referenced applications which have been tentatively scheduled for public hearings before the County Planning Commission on February 6, 2025 and before the County Commission on March 25, 2025. EXECUTIVE SUMMARY: The applicants are proposing a residential treatment facility accommodating a total of 26 residents (inclusive of 23 residents and three senior residents) for location at 3150 62nd Street SW (Parcel Number 38162400002). The site currently contains a residential care facility accommodating a total of six residents (five clients and one caretaker) which will remain and are included in the 26 total residents identified above.1 The subject property is 4.47 acres in size (Collier County Property Appraiser’s data), has a base zoning of E (Estates), is in the Golden Gate Estates Future Land Use Category, and is in the Residential Estates subdistrict within this land use category. The proposed development permitted by these applications would result in the placement of a multi-family residential treatment facility with a proposed density of 5.82 units per acre in an area that is characterized by low density single-family residences with a maximum permitted density of 1 dwelling unit per 2.25 acres and served by a two-lane rural roadway. These applications do not meet the PUD review and rezoning criteria of the County’s Land Development Code as explained in greater detail in this analysis. 1 The notification for the December 18, 2024 Neighborhood Information Meeting for this project indicated that the proposal is for 30 residents. The exact number of residents and whether they include the six existing residents needs to be clarified for the record in my opinion. Page 852 of 886 2 PLANNING ANALYSIS: The applicants are proposing a Comprehensive Plan amendment to the Residential Estates subdistrict and a Planned Unit Development (PUD) rezoning to accommodate this project. The PUD review process requires the submittal of a master plan that guides and establishes the parameters for the development of the site. Comprehensive Plan amendments are legislative processes for the County and, as such, allow greater discretion by the Commission for their approval. The review criteria for PUD master plans and for all Zoning Atlas amendments (rezonings) are contained in Section 10.02.13.B.5 and Section 10.02.08.F, respectively, of the County’s Land Development Code. I have attached these criteria for your reference. For this analysis, I am focusing below on the criteria that, in my opinion, the proposed applications are inconsistent with or do not sufficiently address. PUD Review Criteria The County’s analysis must consider the proposed development in relation to the following findings: 1. Section 10.02.13.B.5.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. Comment: The applicants are proposing to accommodate 26 transient residents on a 4.47-acre parcel which results in a density of 5.82 units per acre. The current zoning, in contrast, permits a maximum density of 1 dwelling unit per 2.25 acres. The adjacent properties range in size from 1.59 acres to 6.04 acres and are vacant or contain a single dwelling unit per parcel. The proposed residential treatment facility is also located at the end of a two-laned roadway, approximately 0.4 miles from the nearest intersection. The facility as described by the applicants will introduce many transient residents into a stable, single-family residential neighborhood. Because the residents of the facility are only living on-site while they are under supervised care, the turnover at the facility will be much higher than a standard multi-family residential project and even more so than the existing low-density single-family subdivision in which it is located. The transient nature of this use will have a negative destabilizing impact on the surrounding low-density single-family neighborhood. Page 853 of 886 3 The method of sanitary sewer treatment for the proposed facility has not been specified. No public sanitary sewer service is available to this site, and no details regarding the size and method of an on-site treatment facility have been provided to determine potential impacts to surrounding properties. Because of the size and scale of the proposed development in relation to surrounding properties, the design of the existing roadway, and the lack of information regarding the method of sanitary sewer treatment for the project, the proposed development is clearly inconsistent with this criterion. 2. Section 10.02.13.B.5.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. Comment: The applicants have not adequately demonstrated how the County can enforce important operational details that will affect neighboring properties such as types of resident treatments provided at the facility, length of stays, number of visitors, and screening of residents. Code enforcement of these issues on a complaint basis by neighbors will not be sufficient to ensure compliance with these important operational details. 3. Section 10.02.13.B.5.c. Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. Comment: The applicants have not demonstrated that the project is consistent with the Policy 5.6 of the Future Land Use Element which states: New developments shall be compatible with, and complementary to, the surrounding land uses, as set forth in the Land Development Code. According to Section 2.03.01.B of the Collier County Land Development Code, the purpose and intent of the area’s Estate District (E) zoning is, “to provide lands for low density residential development in a semi- rural to rural environment, with limited agricultural activities. In Page 854 of 886 4 addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as 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 maximum density of the area’s Estates Designation under the Urban Golden Gate Estates Sub-Element is one unit per 2.25 acres. As noted above, the applicants are proposing a medical treatment facility having a density of 5.82 units per acre. This represents a 1,223 percent increase in density on a site that is adjacent to a low-density residential subdivision. The scale and transient nature of the residents receiving treatment are not compatible with and complementary to the surrounding neighborhood. 4. Section 10.02.13.B.5.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. Comment: The applicants are proposing what is essentially a multi- family residence adjacent to a low-density residential subdivision. The proposed concept plan appears to require extensive clearing of mature trees for a potential septic field on the east side of the subject property. This clearing will be adjacent to existing low-density single- family residences east of this site. Rezoning Criteria The County’s analysis must consider the proposed development in relation to the following findings: 5. Section 10.02.08.F.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. Comment: As noted in paragraph 3 above, the applicants have not demonstrated that the project is consistent with Policy 5.6 of the Future Land Use Element. Additionally, the applicants have not demonstrated that the project is consistent with the following goals, objectives, and policies of the Urban Golden Gate Estates Sub-Element: •Urban Golden Gate Estates Sub-Element, Goal 1: To guide land use and public facility decision making and to balance the need to Page 855 of 886 5 provide basic services with natural resource concerns through a well-planned mix of compatible land uses which ensure the health, safety, welfare, and quality of life of the local residents. •Urban Golden Gate Estates Sub-Element, Objective 1.4: Provide a living environment within the Urban Golden Gate Estates, which is aesthetically acceptable and protects the quality of life. For the reasons detailed above, the proposed facility is not a compatible use that would ensure the health, safety, welfare, and quality of life of the residents in this area. •Urban Golden Gate Estates Sub-Element, Policy 3.2.3: Rural character shall be further protected by resisting site-specific Master Plan changes that are out of scale or character with the rural quality of Urban Golden Gate Estates. The proposed rezoning would increase the allowable density on this site from 1 dwelling unit per 2.25 acres to 5.82 units per acre. This proposed scale and the use of the proposed facility are not compatible with a rural character of the area which is predominately low-density single-family residential. 6. Section 10.02.08.F.2. The existing land use pattern. Comment: The existing development pattern in this area is predominately low-density, detached single-family residential, with commercial, medical, and institutional uses limited to sites facing and along Golden Gate Parkway, especially around major intersections. The proposed development is located at the end of a two-laned roadway, approximately 920 feet from Golden Gate Parkway, and it is directing abutting a low-density residential subdivision. 7. Section 10.02.08.F.3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Comment: The purposed use does not functionally relate to adjacent and nearby properties which are predominantly low-density residential. Note that even the nonresidential uses north of the subject property face or directly abut Golden Gate Parkway. 8. Section 10.02.08.F.4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Page 856 of 886 6 Comment: The current zoning boundaries in this area are logically drawn and reflect the desire to preserve the low-density residential character of this area. There is no logic to applying a density of 5.82 units per acre on a property that abuts a low-density residential subdivision, is located on a local road, and does not front on or face Golden Gate Parkway. 9. Section 10.02.08.F.5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Comment: There are no changed conditions in this area that support rezoning of the subject property for a 26-unit residential treatment facility. 10. Section 10.02.08.F.6. Whether the proposed change will adversely influence living conditions in the neighborhood. Comment: The proposed treatment facility will introduce adverse visual, noise, and traffic impacts in an area that is predominantly low- density, single-family residences and vacant land. The transient nature of the residents of the proposed facility will have a negative impact on the adjacent low-density single-family residential neighborhood. 11. Section 10.02.08.F.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. Comment: The applicants have indicated that the facility will generate a total of 162 new vehicle trips per day on a two-laned, dead-end roadway. However, they have not addressed how this additional traffic will affect this rural roadway and the properties which access it. Further, it is unclear if the indicated trip generation considers food and parcel deliveries which have greatly increased in recent years and are expected to continue to increase following current trends in food service and retail sales. 12. Section 10.02.08.F.10. Whether the proposed change will adversely affect property values in the adjacent area. Page 857 of 886 7 Comment: Given the potential impacts, noted above, from the proposed facility, the use would likely adversely affect property values in the adjacent residential subdivision. 13. Section 10.02.08.F.11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Comment: The development of a residential treatment facility for up to 26 residents at this location is not compatible with the low-density residential character of the area and will likely discourage the development of residences on vacant lots abutting this site. 14. Section 10.02.08.F.12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. Comment: The proposed amendment will permit development of the site that is clearly out of character with and that will have disproportionate impacts on the surrounding low-density residential uses in this area. A use of this type and scale would not be permitted at this location without this amendment. 15. Section 10.02.08.F.13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Comment: The applicants have not demonstrated that the property cannot be used for other development in accordance with the existing Estates zoning district. 16. Section 10.02.08.F.14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. Comment: The proposed development will permit a density of 5.82 units per acre which is well above the current maximum density of 1 unit per 2.25 acres. The proposed amendment will permit development of the subject site with a use and at a scale that are incompatible with the adjacent residential subdivision and local roadway segment. Such a use would be better suited closer to higher density residential and other similar nonresidential and institutional uses with access to a collector or arterial roadway. Page 858 of 886 8 17. Section 10.02.08.F.15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. Comment: The use proposed by this PUD is described by the applicants as a “Recovery Residence, subject to Florida Statutes 397.487.” The applicants have stated that it is important that the proposed recovery residence look and operate like a home and be located in an area near supportive services and jobs. Note, however, that the use as described by the applicants can be accommodated under the County’s Land Development Code. This use would, based on its size and impacts, appropriately be classified as a Care Unit which is a conditional use in the Community Facility Zoning District. As noted previously in this analysis, the proposed use would be better suited in an area of higher density residential and other similar nonresidential and institutional uses with access to a collector or an arterial roadway. The applicants have not demonstrated that there are no other areas available for this facility that would have less impact on the adjacent roadway and nearby residential uses. Based on my review of the applicants’ submittals, my opinion is that the proposed rezoning is not consistent with the review criteria of the County’s Land Development Code, and the proposed Comprehensive Plan Amendment is not consistent with the County’s Growth Management Plan. This analysis of the proposed amendment is based on the information that was submitted to date for review by the County. Attachments:Sections 10.02.13 and 10.02.08 of the Collier County Land Development Code Page 859 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 1 of 5 10.02.08 Requirements for Amendments to the Official Zoning Atlas A. Purpose and intent. The official zoning atlas may, from time to time, be amended, supplemented, changed or repealed. Procedures shall be as follows: B. Amendment of the zoning atlas. A zoning atlas amendment may be proposed by: 1. Board of county commissioners. 2. Planning commission. 3. Board of zoning appeals. 4. Any other department or agency of the county. 5. Any person other than those listed in 1.—4. above; provided, however, that no person shall propose an amendment for the rezoning of property (except as agent or attorney for an owner) which he does not own. The name of the owner shall appear in each application. C. All proposals for zoning amendments shall be considered first by the Planning Commission in the manner provided in this section. D. All proposals for zoning amendments shall be submitted as established in the Administrative Code and accompanied by all pertinent information required by the LDC and which may be required by the Planning Commission for proper consideration of the matter, along with payment of such fees and charges as have been established by the Board of County Commissioners. No application for zoning amendment shall be heard by the Planning Commission until such fees and charges have been paid. 1. Rezoning application processing time. An application for a rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a rezoning, amendment or change will be considered "closed" when the applicant withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, amendment or change, for a period of 6 months. An application deemed "closed" will not receive further processing and shall be withdrawn. An application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify the applicant of closure, however, failure to notify by the county shall not eliminate the "closed" status of a petition. 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. E. Planning Commission hearing and report to the Board of County Commissioners. 1. Time limits. Unless a longer time is mutually agreed upon by the Planning Commissioners, the Planning Commission shall file its recommendations with the Board of County Commissioners within 45 days after the public hearing before the Planning Commission has been closed. 2. Presentation of evidence. The staff report on the application for rezoning shall be presented prior to the close of the public hearing on the application. The applicant shall be afforded the opportunity, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing, and to respond to the staff report, after receipt of which the hearing shall be concluded, unless the hearing is continued and the matter referred back to staff for further consideration of such matters as the Planning Commission may direct. F. Nature of requirements of Planning Commission report. When pertaining to the rezoning of land, the report and recommendations of the Planning Commission to the Board of County Commissioners required in LDC Page 860 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 2 of 5 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. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will 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. 12. Whether the proposed change will 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 accordance with existing zoning. 14. Whether the change suggested is 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. 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. 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. 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. G. Adequate public facilities. The applicant may provide all required existing community and public facilities and services for the requested rezone needs in any one of the following manners: 1. Petition for a rezone at such time as all required adequate existing community and public facilities and services have been provided at public expense according to the capital improvement program; or Page 861 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 3 of 5 2. Petition for a rezone at such time as all required existing community and public facilities and services have been provided at the private expense of the applicant; or 3. Post a surety in lieu of completed improvements to guarantee that all of the required community and public facilities and services will be provided; or 4. Facilities for parks and schools through land dedication or fee in lieu of such dedication; or 5. Other method acceptable to Board of County Commissioners. H. Other proposed amendments. When pertaining to other proposed amendments of these zoning regulations, the Planning Commission shall consider and study: 1. The need and justification for the change; 2. The relationship of the proposed amendment to the purposes and objectives of the county's growth management plan, with appropriate consideration as to whether the proposed change will further the purposes of these zoning regulations and other County codes, regulations, and actions designed to implement the Growth Management Plan. I. Restrictions, stipulations and safeguards. The Planning Commission may recommend that a petition to amend, supplement or establish a zoning district be approved subject to stipulations, including, but not limited to limiting the use of the property to certain uses provided for in the requested zoning district. The governing body, after receiving the recommendation from the Planning Commission on a request to amend, supplement or establish a zoning district, may grant or deny such amendment or supplement and may make the granting conditional upon such restrictions, stipulations and safeguards as it may deem necessary to ensure compliance with the intent and purposes of the Growth Management Plan. 1. Restrictions, stipulations and safeguards attached to an amendment, supplement, or establishment of a zoning district may include, but are not limited to those necessary to protect adjacent or nearby landowners from any deleterious effects from the full impact of any permitted uses, limitations more restrictive than those generally applying to the district regarding density, height, connection to central water and sewer systems and stipulations requiring that development take place in accordance with a specific site plan. The maximum density permissible or permitted in a zoning district within the urban designated area shall not exceed the density permissible under the density rating system. The Board of County Commissioners shall be required to condition and limit the density of a zoning district to a density not to exceed the maximum density permissible under the density rating system. The governing body may also stipulate that the development take place within a given period of time after which time public hearings will be initiated and the district returned to the original designation or such other district as determined appropriate by the governing body in accordance with the Growth Management Plan and LDC sections 10.02.12 D. and 10.02.08 L. Any restrictions, stipulations and safeguards attached to an amendment or rezoning including those identified in LDC section 10.02.08 H. may be indicated on the official zoning atlas in a manner deemed by the county to be appropriate and informative to the public. In cases where stipulations, restrictions or safeguards are attached, all representations of the owner or his agents at public hearings shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All conditions, restrictions, stipulations and safeguards which are a condition to the granting of the change in zoning district shall be deemed contractual and may be enforced by suit for injunction or other appropriate relief. All costs, including reasonable attorney's fees shall be awarded to the governmental unit if it prevails in such suit. 2. Dedication of public facilities and development of prescribed amenities. a. Public facility dedication. The Board of County Commissioners may, as a condition of approval and adoption of the rezoning required that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more such public facilities, the market value of the land set Page 862 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 4 of 5 aside for the public purpose shall be credited towards impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount not greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by Collier County, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this 90-day time frame shall automatically authorize the county to determine the market value of the property. Impact fee credits shall only be effective after recordation of the conveyance document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependant district of Collier County Government. b. Land set aside and/or to be improved as committed as part of the rezoning approval shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and condition on, the approval of the rezoning action. At no cost to the county, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, at the applicant's sole expense, except as otherwise approved by the board. Failure to deed the land or complete the dedication within the 90 day appropriate time frame noted above may result in a recommendation to the board for consideration of rezoning the subject parcel from its current zoning district to an appropriate zoning district and may be a violation of this LDC pursuant to LDC section 8.08.00. c. Should the dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by Board of County Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the ordinance approving the rezone. J. Status of Planning Commission report and recommendations. The report and recommendations of the Planning Commission required by LDC section 10.02.08 E shall be advisory only and not be binding upon the Board of County Commissioners. K. Board of County Commissioner's action on the Planning Commission report. 1. Upon receipt of the Planning Commission's report and recommendations, the Board of County Commissioners shall hold a second public hearing with notice to be given pursuant to the provisions of general law. The reports and recommendations of the staff and the Planning Commission on the application shall be presented prior to the close of the public hearing on the application. The applicant shall have the right, prior to the close of the public hearing, to respond to any contentions presented by any testimony or other evidence presented during the public hearing. 2. In the case of all proposed changes or amendments, such changes or amendments shall not be adopted except by the affirmative vote of 4 members of the Board of County Commissioners. L. Failure of Board of County Commissioners to act. If a Planning Commission recommendation is not legislatively decided within 90 days of the date of closing of the public hearing by the Board of County Commissioners, the application upon which the report and recommendation is based shall be deemed to have been denied, provided that Board of County Commissioners may refer the application to the Planning Commission for further study. M. Limitations on the rezoning of property. Page 863 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 5 of 5 1. No change in the zoning classification of property shall be considered which involves less than 40,000 square feet of area and 200 feet of street frontage except: where the proposal for rezoning of property involves an extension of an existing or similar adjacent district boundary; within the broader land use classification of "C" districts, "RSF" districts, "RMF" districts, wherein such rezone is compatible with, or provides appropriate transition from, adjacent districts of higher density or intensity. However, the requirement of 200 feet of street frontage shall not apply to rezone petitions that provide 80 percent or more affordable housing units. 2. Whenever the Board of County Commissioners has denied an application for the rezoning of property, the Planning Commission shall not thereafter: a. Consider any further application for the same rezoning of any part or all of the same property for a period of 12 months from the date of such action; b. Consider an application for any other kind of rezoning of any part or all of the same property for a period of 6 months from the date of such action. 3. Except as otherwise provided within section 10.02.12 D. all zoning approvals for which a final development order has not been granted within 5 years of the date of its approval shall be evaluated to determine if the zoning classification for the property should be changed to a lower, or more suitable classification. During the fifth year after the date of the zoning approval by the Board of County Commissioners and during every fifth year thereafter, the County Manager or designee shall prepare a report on the status of the rezoned property. The purpose of the report will be to evaluate what procedural steps have been taken to develop the property under its current zoning classification. Should the County Manager or designee determine that development has commenced, then the land shall retain its existing zoning classification and shall not be subject to additional review and classification change. Should the County Manager or designee determine that development has not commenced, then upon review and consideration of the report and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: a. To extend the current zoning classification on the property for a maximum period of 5 years; at the end of which time, the property shall again be evaluated under the procedures as defined herein. b. Direct the appropriate county staff to begin rezoning procedures for said property. The existing zoning classification of the property shall remain in effect until subsequent action by the board on the property. c. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. § 380.06. N. Applications for rezones to a specific use. The applicant for any rezoning application may, at his or her option, propose a specific use or ranges of uses permitted under the zoning classification for which application has been made. As a condition of approval of such proposal, the development of the property which was the subject of the rezoning application shall be restricted to the approved use or range of uses. Any proposed addition to the approved use or range of uses shall require resubmittal of a rezoning application for the subject property. O. Waiver of time limits. The time limits of 10.02.08 M above may be waived by 3 affirmative votes of the Board of County Commissioners when such action is deemed necessary to prevent injustice or to facilitate the proper development of Collier County. (Ord. No. 08-08, § 3.P; Ord. No. 13-56, § 3.PP; Ord. No. 14-33, § 3.Z) Page 864 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 1 of 8 10.02.13 Planned Unit Development (PUD) Procedures A.Generally. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the LDC. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida. 1.PUD master plan. The Community Character Plan For Collier County, Florida (April 2001) should be referenced as a guide for development and redevelopment in the PUD district. The Administrative Code shall establish the information to graphically illustrate the development strategy. 2.PUD application. The applicant shall submit data supporting and describing the petition for rezoning to PUD that includes a development standards table, developer commitments and a list of deviations from the LDC. Dimensional standards shall be based upon an established zoning district that most closely resembles the development strategy, particularly the type, density and intensity, of each proposed land use. The PUD application shall include the information identified in the Administrative Code unless determined by the Planning and Zoning Director to be unnecessary to describe the development strategy. 3.Deviations from master plan elements. The Zoning and Land Development Review Department Director may exempt a petition from certain required elements for the PUD master plan identified in the Administrative Code when the petition contains conditions which demonstrate the element may be waived and will not have a detrimental effect on the health, safety and welfare of the community. All exemptions shall be noted within the PUD submittal and provided to the Board of County Commissioners. 4.Submittal ofSchool Impact Analysis(SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to LDC section 10.04.09 for SIA requirements. B.Procedures for planned unitdevelopmentzoning. Petitions for rezoning to PUD in accordance with LDC section 10.02.08 shall be submitted and processed as for a rezoning amendment generally pursuant to LDC section 10.02.08 and in accordance with the following special procedures: 1.Pre-application meeting. Prior to the submission of a formal application for rezoning to PUD, the applicant shall confer with the Planning and Zoning Department Director and other County staff, agencies, and officials involved in the review and processing of such applications and related materials. The applicant is further encouraged to submit a tentative land use sketch plan for review at the pre- application meeting, and to obtain information on any projected plans or programs relative to possible applicable Federal or State requirements or other matters that may affect the proposed PUD. The pre- application meeting should address, but is not limited to, the following: 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 Page 865 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 2 of 8 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, policies, and the Future Land Use Element of the Growth Management Plan. d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 2.Prehearing conference. Prehearing conferences may be held between the applicant and/or representatives and officials or representatives of the county prior to advertisement of the hearing date. The purpose of the prehearing conference shall be to assist in bringing the application for rezoning to PUD as close to conformity with the intent of the LDC or other applicable regulations, and/or to define specifically any justifiable variations from the application of such regulations. 3.Staff review and recommendation. Based upon evaluation of the factors set forth above, County staff shall prepare a report containing their review findings and a recommendation of approval or denial. 4.Hearing before the Planning Commission. Public notice shall be given and a public hearing held before the Planning Commission on the application for rezoning to PUD. Both the notice and the hearing shall identify the application, by name and application number, proposed PUD master plan of development, and required statements as they may have been amended as a result of the prehearing conference conducted pursuant to LDC section 10.02.13 B.2. 5.Planning Commission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan's compliance with the following criteria in addition to the findings in LDC section 10.02.08. 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 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, policies, and the Future Land Use Element of the Growth Management Plan. Page 866 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 3 of 8 d. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. e. The adequacy of usable open space areas in existence and as proposed to serve the development. f. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. g. The ability of the subject property and of surrounding areas to accommodate expansion. h. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 6.Action by Board of County Commissioners. Unless the application is withdrawn by the applicant or deemed "closed" pursuant to LDC section 2.03.06, the Board of County Commissioners shall, upon receipt of the Planning Commission's recommendation, advertise and hold a public hearing on the application. The notice and hearing shall be on the PUD rezone application, PUD master plan of development and PUD ordinance, as recommended by the Planning Commission to the Board of County Commissioners. The Board of County Commissioners shall either approve the proposed rezoning to PUD; approve with conditions or modifications; or deny the application for PUD rezoning. C.Effect of planned unitdevelopmentzoning. If approved by the Board of County Commissioners, the PUD master plan for development, the PUD ordinance and all other information and materials formally submitted with the petition shall be considered and adopted as an amendment to the LDC and shall become the standards for development for the subject PUD. The development in the area delineated as the PUD district on the official zoning atlas shall proceed only in accordance with the adopted development regulations and the PUD master plan for said PUD district, except that approval and adoption of a PUD ordinance or PUD master plan does not authorize or vest the location, design, capacity, or routing of traffic for any access point depicted on, or described in, such ordinance or plan. Before development of any type may proceed, all agreements, conditions of approval, and contracts required, but not approved at the time of amending action, shall be approved by appropriate officers or agencies of the County. Issuance of a final development order within any tract or increment within the PUD shall first require compliance with all sections of the Collier County subdivision regulations (Chapter 10 of the LDC) and/or the site development plan regulations (LDC section 10.02.03) as appropriate. D. Time limits for approved PUDs. If prior to July 14, 2014 a PUD contains a sunset provision, the sunset provision shall be deemed null and void. Development rights conferred by an approved PUD shall remain in force so long as they are in accordance with the Collier County Growth Management Plan, as amended. E. Changes and amendments. There are three types of changes to a PUD Ordinance: Substantial, Insubstantial, and Minor. 1. Substantial changes. Any substantial change(s) to an approved PUD Ordinance shall require the review and recommendation of the Planning Commission and approval by the Board of County Commissioners as a PUD amendment prior to implementation. Applicants shall be required to submit and process a new application complete with pertinent supporting data, as set forth in the Administrative Code. For the purpose of this section, a substantial change shall be deemed to exist where: a. A proposed change in the boundary of the PUD; b. A proposed increase in the total number of dwelling units or intensity of land use or height of buildings within the development; Page 867 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 4 of 8 c. A proposed decrease in preservation, conservation, recreation or open space areas within the development not to exceed 5 percent of the total acreage previously designated as such, or 5 acres in area; d. A proposed increase in the size of areas used for nonresidential uses, to include institutional, commercial and industrial land uses (excluding preservation, conservation or open spaces), or a proposed relocation of nonresidential land uses; e. A substantial increase in the impacts of the development which may include, but are not limited to, increases in traffic generation; changes in traffic circulation; or impacts on other public facilities; f. A change that will result in land use activities that generate a higher level of vehicular traffic based upon the Trip Generation Manual published by the Institute of Transportation Engineers; g. A change that will result in a requirement for increased stormwater retention, or will otherwise increase stormwater discharges; h. A change that will bring about a relationship to an abutting land use that would be incompatible with an adjacent land use; i. Any modification to the PUD master plan or PUD document or amendment to a PUD ordinance which is inconsistent with the Future Land Use Element or other element of the Growth Management Plan or which modification would increase the density or intensity of the permitted land uses; j. The proposed change is to a PUD district designated as a development of regional impact (DRI) and approved pursuant to F.S. § 380.06, where such change requires a determination and public hearing by Collier County pursuant to F.S. § 380.06(19). Any change that meets the criterion of F.S. § 380.06(19)(e)2, and any changes to a DRI/PUD master plan that clearly do not create a substantial deviation shall be reviewed and approved by Collier County under this LDC section 10.02.13; or k. Any modification in the PUD master plan or PUD document or amendment to a PUD ordinance which impact(s) any consideration deemed to be a substantial modification as described under this LDC section 10.02.13. 2. Insubstantial change determination. An insubstantial change includes any change that is not considered a substantial or minor change. An insubstantial change to an approved PUD Ordinance shall be based upon an evaluation of LDC subsection 10.02.13 E.1 and shall require the review and approval of the Planning Commission. The Planning Commission approval shall be based on the findings and criteria used for the original application and be an action taken at a regularly scheduled meeting. a. The applicant shall provide the Planning and Zoning Department Director documentation which adequately describes the proposed changes as described in the Administrative Code. 3. Minor changes. The following are considered minor changes, and may be approved by the County Manager or designee under the procedures established in the Administrative Code. a.Educational and ancillary plants exception. When a PUD is amended for the sole purpose of adding an Educational and/or ancillary plant, that PUD will not be subject to the review process outlined in section 10.02.13 E.1. The review conducted will be limited to the impacts that the Educational or ancillary plant will have on the surrounding uses. b. The County Manager or designee shall also be authorized to allow minor changes to the PUD master plan during its subdivision improvements plan or site development plan process to accommodate topography, vegetation and other site conditions not identified or accounted for Page 868 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 5 of 8 during its original submittal and review and when said changes have been determined to be compatible with adjacent land uses, have no impacts external to the site, existing or proposed, and is otherwise consistent with the provisions of this code and the growth management plan. Such changes shall include: i. Internal realignment of rights-of-way, including a relocation of access points to the PUD itself, where no water management facility, conservation/preservation areas, or required easements are affected or otherwise provided for. ii. Relocation of building envelopes when there is no encroachment upon required conservation or preservation areas. iii. Relocation of swimming pools, clubhouses, or other recreation facilities when such relocation will not affect adjacent properties or land uses. iv. Relocation or reconfiguration of lakes, ponds, or other water facilities subject to the submittal of revised water management plans, or approval of the EAC where applicable. Minor changes of the type described above shall nevertheless be reviewed by appropriate staff to ensure that said changes are otherwise in compliance with all county ordinances and regulations prior to the Planning and Zoning Department Director's consideration for approval. c. Affordable housing commitments. Beginning October 3, 2012 the County Manager or designee shall be authorized to make minor text changes to remove affordable housing commitments to pay an affordable housing contribution in PUDs, Development Agreements, and Settlement Agreements if the following conditions are met: i. The applicant notices property owners in writing in accordance with LDC section 10.03.06 T. ii. If no written objection is received, the request to remove commitments is deemed approved. iii. If a property owner who receives notice submits a written objection within 30 days of mailing of the notice, the matter shall be scheduled for public hearing before the Board of County Commissioners. Public notice shall comply with LDC sections 10.03.05 and 10.03.06. F.PUD Monitoring Report requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or designee. 1. The report shall be submitted annually, on or before the anniversary date of approval by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). a. A tract or parcel of a PUD that has completed construction within that tract may be considered built-out and is not responsible for annual monitoring reports, as long as all PUD commitments within that tract are complete. This built-out status does not exempt the tract owner(s) from commitments applicable to the entire PUD. 2. The Administrative Code shall establish the submittal requirements for a PUD Annual Monitoring Report. 3. Monitoring reports must be submitted in affidavit form approved by Collier County to be executed by the owner(s) of the PUD. Page 869 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 6 of 8 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association, or similar entity. Change in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the Planning and Zoning Department Director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 6. The PUD owner(s) "the Developer, Home Owners Association, Master Association or similar entity" may petition the Board of County Commissioners to relinquish the development rights to any un-built units and declare themselves "built-out" in order to satisfy all reporting requirements. The applicant shall be responsible for any documentation required to verify the status of the PUD when requesting a waiver or a determination of "built-out" status. 7. Traffic Count Monitoring requirements. A onetime payment for permanent traffic count stations shall be due at the time of the first PUD Annual Monitoring Report following the first certificate of occupancy within the PUD. The payment shall be based upon the number of ingress and/or egress points (Access Points) based upon the conceptual Master Plan within the PUD Ordinance. Each Access Point shall require a payment of $500.00. If additional Access Points are granted at any time, an additional payment of $500 per Access Point will be payable with the following PUD Annual Monitoring Report. The Traffic Count monitoring requirement shall be considered fulfilled for all PUDs that have already provided at least one traffic count or payment in lieu of traffic counts. PUDs that have traffic count monitoring language tied to specific commitments within their ordinances shall remain in effect. G.Violations. Violation of this section shall be enforced as provided in LDC section 8.08.00. H.Interpretations of PUD documents. The Planning Services Department Director shall be authorized to interpret the PUD document and PUD master plan. I.Applicability. All applications for either a PUD rezoning or an amendment to an existing PUD document or PUD master plan submitted after January 8, 2003, shall comply with the amended procedures set forth in LDC section 10.02.13 of this Code. All PUDs existing and future, shall comply with the sunset provisions established pursuant to LDC section 10.02.13 D. of this Code. 1. All applications for a PUD rezoning or an amendment to an existing PUD document or PUD master plan whether submitted before or after [the effective date of this ordinance], shall comply with the processing time procedures set forth in this section of the Code. J.Planned unitdevelopmentdistricts application processing. An application for a planned development rezoning, amendment or change will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a planned development rezoning, amendment or change will be considered "closed" when the petitioner withdraws the subject application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning, for a period of 6 months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. The County Manager or designee will notify applicant of closure, however, failure to notify by the County shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current LDC. K.Dedication of the public facilities anddevelopmentof prescribed amenities. Page 870 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 7 of 8 1. The Board of County Commissioners may, as a condition of approval and adoption of a PUD rezoning and in accordance with the approved master plan of development, require that suitable areas for streets, public rights-of-way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use. Where impact fees are levied for 1 or more required public facilities, the market value of the land set aside for the public purpose may be credited towards such impact fees to the extent authorized by the County's Consolidated Impact Fee Ordinance. Said credit shall be based on a negotiated amount no greater than the market value of the set aside land prior to the rezoning action, as determined by an accredited appraiser from a list approved by Collier County. Said appraisal shall be submitted to the County Attorney's Office and the real property office within 90 days of the date of approval of the rezone, or as otherwise extended in writing by the County Manager or designee, so as to establish the amount of any impact fee credits resulting from said dedication. Failure to provide said appraisal within this time frame shall automatically authorize the county to determine the market value of the set aside property. Impact fee credits shall only be effective after recordation of the document conveying the dedicated property to Collier County. Where the term Collier County is used in this section, it shall be construed to include the Collier County Water and Sewer District or other agency or dependent district of Collier County Government. 2. Land set aside and/or to be improved as committed in the PUD document, or master plan, as the case may be, shall be deeded or dedicated to Collier County within 90 days of receipt of notification by the county that the property is needed for certain pending public improvements or as otherwise approved by the Board of County Commissioners during the PUD rezoning approval process. In any case, however, the county shall take title to the set aside property, at the latest, by a date certain established during, and conditioned on, the approval of the PUD zoning. At no cost to the County, the land set aside and/or to be improved shall be made free and clear of all liens, encumbrances and improvements, except as otherwise approved by the Board. Failure to convey the deed or complete the dedication within the appropriate time frame noted above may result in a recommendation to the Board for consideration of rezoning the subject parcel from its current PUD zoning district to an appropriate zoning district and may result in a violation of the LDC pursuant to LDC subsection 8.08.00 B. 3. Should said dedication of land also include agreed upon improvements, said improvements shall be completed and accepted by the Collier County Board of Commissioners at the development phase which has infrastructure improvements available to the parcel of land upon which said improvements are to be made, or at a specified time provided for within the PUD document. L.Common open spaceor common facilities. Any common open space or common facilities established by an adopted master plan of development for a PUD district shall be subject to the following: 1. The PUD shall provide for and establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. However, the conditions of transfer shall conform to the adopted PUD master plan. 2. In the event that the organization established to own and maintain common open space or common facilities, or any successor organization, shall at any time after the establishment of the PUD fail to meet conditions in accordance with the adopted PUD master plan of development, the Planning and Zoning Director may serve written notice upon such organization and/or the owners or residents of the planned unit development and hold a public hearing. If deficiencies of maintenance are not corrected within 30 days after such notice and hearing, the Planning and Zoning Director shall call upon any public or private agency to maintain the common open space for a period of 1 year. When the Planning and Zoning Director determines that the subject organization is not prepared or able to maintain the Page 871 of 886 Created: 2023-08-31 09:40:25 [EST] (Supp. No. 27) Page 8 of 8 common open space or common facilities, such public or private agency shall continue maintenance for yearly periods. 3. The cost of such maintenance by such agency shall be assessed proportionally against the properties within the PUD that have a right of enjoyment of the common open space or common facilities and shall become a lien on said properties. (Ord. No. 04-72, § 3.DD; Ord. No. 05-27, § 3.ZZ; Ord. No. 06-07, § 3.W; Ord. No. 06-63, § 3.UU; Ord. No. 08-08, § 3.Q; Ord. No. 09-22, §§ 1—3; Ord. No. 10-23, § 3.UU; Ord. No. 11-21, § 1; Ord. No. 12-28, § 1; Ord. No. 12-38, § 3.JJ; Ord. No. 13-52, § 1; Ord. No. 13-56, § 3.RR; Ord. No. 14-33, § 3.AA; Ord. No. 21-05 , § 3.O) Page 872 of 886 Denial of Collier County Applications #PL20220005195 & #PL20220005096 Brian J. Aungst, Jr. Page 873 of 886 Page 874 of 886 SINGLE-FAMILY HOMES WITHIN GOLDEN GATE ESTATES Page 875 of 886 ZONING MAP Page 876 of 886 Estate (E) Zoning District “The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment… Page 877 of 886 Development Potential Development Potential Under the Existing E (Estate) Zoning Designation: 0.44 units/ac. x 4.47 ac. = 1.986 units Existing Development Located on Subject Site with E (Estate) Zoning Designation: 6-unit Residential Care Facility (5 clients + 1 caretaker) 6 units / 4.47 ac. = 1.34 units/ac. Development Potential Under the Proposed CFPUD (Community Facilities Planned Unit Development) Zoning Designation: 5.82 units/ac. x 4.47 ac. = 26-unit Multi-Family Residential Treatment Facility Page 878 of 886 Development Potential with Existing E (Estates) Zoning: Units per Acre 0.44 Acreage 4.47 Total Units 1.97 % of Allowable Density 100% Existing Development: 1.34 4.47 6 (5 clients + 1 caretaker) 305% Development Potential with Proposed CFPUD Zoning: 5.82 4.47 26 (23 clients + 3 senior clients) 1320% Page 879 of 886 10.02.08—Requirements for Amendments to the Official Zoning Atlas (F) NATURE OF THE REQUIREMENTS OF THE PLANNING COMMISSION REPORT: •(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. •Applicants have not shown that the project is consistent with Policy 5.6 of the Future Land Use Element which states, “New developments shall be compatible with, and complementary to, the surrounding land uses…”. •(2) The existing land use pattern. •The existing development pattern in this area is predominantly low-density, detached single-family residential. •(3) The possible creation of an isolated district unrelated to adjacent and nearby districts. •The proposed use does not functionally relate to nearby properties which are predominantly low-density residential. Even the nonresidential uses to the north face or directly abut Golden Gate Parkway. •(4) Whether the existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. •Current zoning boundaries in the area are logically drawn to preserve the low-density residential character. The proposed 5.82 units per acre which abuts a low-density residential subdivision is not a logical district boundary. Page 880 of 886 10.02.08—Requirements for Amendments to the Official Zoning Atlas (F) NATURE OF THE REQUIREMENTS OF THE PLANNING COMMISSION REPORT: •(5) Whether the changed or changing conditions make the passage of the proposed amendment necessary. •Conditions in the area have not changed to support a 26-unit residential treatment facility. •(6) Whether the proposed change will adversely influence living conditions in the neighborhood. •The proposed treatment facility will bring adverse visual, auditory, and traffic impacts in an area that is predominantly low-density residential. The transient nature of the proposed facility will have a negative impact on the area. •(7) Whether the proposed change will create or excessively increase traffic congestion… •The applicants have indicated that the proposed facility will generate a total of 162 new vehicle trips per day and have not addressed how this additional traffic will affect this rural roadway and the neighboring properties. •(10) Whether the proposed change will adversely affect property values in the adjacent area. •Given the impacts described above, the use would likely adversely affect property values in the adjacent low- density residential subdivision. Page 881 of 886 10.02.08—Requirements for Amendments to the Official Zoning Atlas (F) NATURE OF THE REQUIREMENTS OF THE PLANNING COMMISSION REPORT: •(11) Whether the proposed change will be a deterrent to the development of adjacent property… •The proposed development of a 26-unit residential treatment facility is not compatible with the area and will likely discourage the development of residences on vacant lots abutting the site. •(12) Whether the proposed change will constitute a grant of special privilege to an individual owner… •The proposed amendment will permit development of the site that is out of character in the area and will have disproportionate impacts on the surrounding residential neighborhood. Without this amendment, the proposed use would not be permitted at this location. •(13) Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. •Applicant has not shown that the property cannot be used for other development in the Estates zoning district. •(14) Whether the change suggested is out of scale with the needs of the neighborhood or the county. •The proposed density of 5.82 units per acre is well above the current maximum of 0.444 units per acre. •(15) Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. •The use as described by the applicant can be accommodated under the County’s LDC as a Care Unit which is a conditional use in the Community Facility Zoning District. Page 882 of 886 10.02.13—Planned Unit Development (PUD) Procedures (B)(5) Planning Commission hearing and recommendation. The Planning Commission shall make written findings at an advertised public hearing as required in LDC section 10.02.08 and as otherwise required in this section and shall recommend to the Board of County Commissioners either approval of the PUD rezoning as proposed; approval with conditions or modifications; or denial. In support of its recommendation, the Planning Commission shall make findings as to the PUD master plan’s compliance with the following criteria in addition to the findings in LDC section 10.02.08. Page 883 of 886 10.02.13—Planned Unit Development (PUD) Procedures 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. Ø The area is not suitable for the type and pattern of the proposed development. This area is characterized by large, single-family lots with Estates (E) zoning designations. The proposed development will introduce a significantly increased density to the area. 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 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. Ø Applicants have not adequately demonstrated how the County will enforce important operational details which will affect neighboring properties. Page 884 of 886 10.02.13—Planned Unit Development (PUD) Procedures c.Conformity of the proposed PUD with the goals, objectives, policies, and the Future Land Use Element of the Growth Management Plan. Ø The scale and transient nature of the use is not compatible with and complementary to the surrounding Estates-zoned neighborhood. 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. Ø Proposed use is essentially a multi-family residence adjacent to a low-density residential subdivision Ø Additionally, the proposed concept plan appears to require extensive clearing of mature trees for septic field on east side of subject property which will be adjacent to the existing low-density single-family residences east of this site. Page 885 of 886 Incompatibility of Uses Ø The applicants have not addressed the incompatibility between the proposed development of a 26-unit multi-family residential treatment facility and the surrounding Estate (E) zoning district. Ø Construction of what is essentially a multi-family development in an area surrounded by parcels zoned Estate (E) will create an area with uses which are incompatible with one another. Ø Further, the applicants have not provided adequate information to demonstrate how the County will enforce important operational details that will affect neighboring properties such as types of resident treatments provided at the facility, length of stays, number of visitors, and screening of residents. §Code enforcement on a complaint-basis will not be sufficient to ensure compliance with these important operational details. Page 886 of 886